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NOUTI EDITORIALE

Preliminary Explanations
of new Criminal Code - Volume II
Legal Publishing House from Bucharest
made under special graphics the
second
volume
of
Preliminary
Explanations
of the New
Penal Code.
(Articles
53187). The work
was coordinated
by the famous
prof. PhD George
Antoniu,
having
as authors by the
following:
univ.
prof. PhD Alexandru
Boroi, assoc. prof.
PhD BogdanNicolae Bulai,
univ. prof. PhD
Costic
Bulai,
assoc. prof. PhD
tefan Dane,
assoc. prof. PhD
Constantin
Duvac,
assoc. prof. PhD
Mioara-Ketty Guiu, univ. prof. PhD Constantin
Mitrache, assoc. prof. PhD Cristian Mitrache,
assoc. prof. PhD Ioan Molnar, assistant prof. PhD
Ion Ristea, assoc. prof. PhD Constantin Sima,
Vasile Teodorescu, univ. prof. PhD Ioana Vasiu,
PhD Adina Vlsceanu.
In this paper the following titles are treated from
the Criminal Code: Title III - Punishments, Title IV Safety measures; Title V - minority, Title VI - Liability of
legal persons, Title VII - Causes criminal liability, Title
VIII - Causes that removes or modifies the execution
of the sentence; Title IX Cause which removes the
consequences of conviction causes, Title X - Meaning
of terms or expressions in criminal law.

Types of traces subject


of forensic technique
Romania Forensic Association and National
Institute of Criminology of the General Inspectorate
of Romanian Police have published Traces
categories covered by the study of forensic
techniques. This paper is the result of scientific
research conducted by renowned forensic
specialists: assoc. prof. Dan Voinea, assistant
prof. PhD Constantin Drghici and forensic expert
Ionel Necula.
The work was led by col. (r) Prof. Vasile Lpdui
and police quaestor PhD Gabriel ru and the contents
are treated issues related to:
general on activity to
investigate crime scene

the
notion
behind
the
crime
and the criteria for
classification
of
traces;
trace forensic
crime investigation;
micro-traces.
This
paper
is a guide to
all
criminalitii
and specialists
have concerns
in areas that
contribute to
justice in our
country.
V. Lpdui

Since March 2011 the Romanian Journal of Forensic Science


was passed in B+ Category by the National Board for Scientific Research
in the Higher Education (N.B.S.R.H.E.) - Code 687 (N.B.S.R.H.E.)
The journal is indexed in the international data bases acknowledged
by Panel 4 Social Sciences (juridical sciences) within NCCTDUC
(National Council for Certification of Titles, Diplomas
and University Certificates).

THE SCIENTIFIC BOARD

TABLE OF CONTENTS
Pag.
901. CRIMINAL INVESTIGATION DIRECTORATE CONTRIBUTION
TO ROMANIAN FORENSIC DURING 1973-2008 (I)
CONSTANTIN DUVAC
907. AN UNCLEAR POLITICAL ASSASSINATION: BARBU CATARGIU,
1862 HISTORICAL AND MEDICO-LEGAL ASPECTS
CONSTANTIN BLCEANU STOLNICI
OCTAVIAN BUDA
912. ANOTHER STEP TOWARD EFFICIENCY AND PERFORMANCE
FOR OPTIMUM RESULTS IN FORENSIC SCIENCE ACTIVITY
MARIA GEORGETA STOIAN
ION PLEEA
916. FORENSIC TECHNICAL MEANS MANUFACTURED BY LABORATORY
IMAGING S.R.O. FORM CZECH REPUBLIC I
HANA KALABOVA
919. SPECIAL EVENTS AND TERRORISM- HISTORICAL REFERENCES (VI)
THERES NO IDEAL WORLD!
VASILE LPDUI
923. THE ROLE OF MULTIDISCIPLINARY ANALYSIS OF ALL DATA IN THE VIEW
OF IDENTIFICATION OF THE AUTHORS OF THE VIOLENCE COMPLEX FACTS
REMUS SCROB
MIHAELA ANDRA
927. THE VERIFICATION OF FORGERY WRITS AND PROCEDURE IN CASE
OF THE EVIDENCE ADMINISTRATION THROUGH WRITS
GEORGE MGUREANU
FLOREA MGUREANU
934. ACHIEVING THE PURPOSE AND MAIN RULES OF THE CRIMINAL
PROCEEDINGS BY FORENSIC METHODS AND TECHNIQUES
- PHD THESIS NICOLAE GROFU
CONSTANTIN DUVAC,
938. VISION FOR EUROPEAN FORENSIC SCIENCE 2020
IOAN HURDUBAIE
940. MURDER AND SUICIDE BY SHOOTING WITH ATYPICAL FIREARM.
FORENSIC INTERPRETATION AT THE CRIME SCENE
MANOLESCU TEODOR
TOCAN LEONARD
944. PARTICIPATION TO A PRESTIGIOUS INTERNATIONAL
TECHNICAL-SCIENTIFIC MANIFESTATION
MIRCEA FIERBINEANU
946. TECHNICS OF PRUDENTIAL SUPERVISION IN THE FIELD OF
PREVENTION AND COMBAT OF MONEY LAUNDERING
ELENA GEORGESCU

Romanian Journal of Forensic Science was assessed


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

The authors are liable for


the content of the articles
published.

Honorary Chairman:
Academician Marius SALA,
vice-chairman of the Romanian Academy
Chairman:
Univ. prof. Lazr CRJAN PhD, chairman of Romanian Forensic
Association, dean of the Faculty of Law within the Spiru Haret University;
Vice-chairmen:
Associate professor magistrate major general (r) Dan VOINEA PhD;
main vice-chairman of Romanian Forensic Association;
Univ. lecturer Iancu TEFAN PhD,
Romanian University of Sciences and Arts Gheorghe Cristea;
Police quaestor Gabriel RU, director of Forensic Science Institute
within General Inspectorate of Romanian Police;
Univ. prof. Petre BUNECI PhD, dean of the Faculty of Law
within the Ecological University;
Police quaestor Jnic ARION-IGNAU PhD, general manager
of Anti-Corruption General Directorate;
Associate professor chief commissary Constantin DUVAC PhD;
Police quaestor Vasile VIOREL PhD,
director of General Directorate of Bucharest Police;
Associate professor Gheorghe PESCU PhD,
Dimitrie Cantemir University;
Members:
Univ. prof. Tudorel BUTOI PhD, Spiru Haret University;
Univ. prof. habilitated dr. Mihail GHEORGHI,
Free International University of Moldova;
Associate professor Gheorghe GOLUBENCO PhD,
Free International University of Moldova;
LAZARENKO LINA, Forensic Science Institute of the Republic of Lithuania;
Eng. Ctlin GRIGORA Phd, professor at the University of Colorado
Denver, U.S.A.
Prof. Saverio FORTUNATO PhD, chairman of CSI-PERITI E CONSULENTI
FORENSI Firenze, Italy;
Vladislav YANEV, Institute of Forensic Science and Criminology
of Ministry of Interior Bulgaria;
Main police quaestor Aurel VLDULESCU PhD;
Univ. prof. Valentin IFTENIE PhD, National Institute
of Forensic Medicine Mina Minovici;
George BLAN PhD, Superior Council of Magistracy;
Eng. Mircea FIERBINEANU, judicial expert;
Eng. assistant prof. Dian POPESCU,
member of Romanian Forensic Association;
Associate professor Gheorghe ALECU, Spiru Haret University;
Chief commissary ROMIC POTORAC,
deputy director of Forensic Science Institute;
Viorel-Gheorghe GAVRA, prime prosecutor of Prosecution Department
attached to Bihor Tribunal;
Chief commissary Crian-Mucenic LZUREANU,
manager of the Kennel Center, Sibiu;
Univ. lecturer Nicolae GROFU, Al. I. Cuza Police Academy;
Chief commissary Viorel COROIU, Al. I. Cuza Police Academy;
Univ. lecturer Pantelimon BOTIN, Titu Maiorescu University;
Univ. lecturer major general (r) Ioan HURDUBAIE, executive director
of the International Agency for Crime Prevention and Security Policies;
Univ. lecturer Gheorghe-Iulian IONIT PhD, Romanian-American
University Bucharest;
Chief commissary Georgeta STOIAN PhD, Forensic Science Institute
within General Inspectorate of Romanian Police;
Chief commissary Octavian CONICESCU PhD, Forensic Science Institute
within General Inspectorate of Romanian Police;
Associate professor Nicolae VDUVA PhD, Romanian University
of Sciences and Arts Gheorghe Cristea;
Eng. Anca BLAN, general manager of the Chronos company;
Col. Vasile DOAN, prosecutor National Anticorruption Directorate;
Chief commissary Ionel NECULA, Forensic Science Institute;
Cristian DUMITRESCU PhD, Spiru Haret University;
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;
Univ. lecturer Sorinel CRUU, Al. I. Cuza Police Academy.

Editor: Vasile LPDUI


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

Editor: Romanian Forensic Association,


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

I.S.S.N. 2069-2617

10 RON

CUPRINS
Pag.
901. CONTRIBUIA DIRECIEI CERCETRI PENALE LA DEZVOLTAREA CRIMINALISTICII ROMNE N PERIOADA 1973-20081 (I)
CONSTANTIN DUVAC
907. UN ASASINAT POLITIC NEELUCIDAT: BARBU CATARGIU, 1862 ASPECTE ISTORICE I MEDICO-LEGALE
CONSTANTIN BLCEANU STOLNICI
OCTAVIAN BUDA
912. NC UN PAS SPRE EFICIEN I PERFORMAN PENTRU OBINEREA DE REZULTATE OPTIME
N ACTIVITATEA CRIMINALISTIC
MARIA GEORGETA STOIAN
ION PLEEA
916. MIJLOACE TEHNICE CRIMINALISTICE PRODUSE DE FIRMA LABORATORY IMAGING DIN REPUBLICA CEH I
HANA KALABOVA
919. TERORISMUL I EVENIMENTE DEOSEBITE (VI) O LUME IDEAL NU EXIST!
VASILE LPDUI
923. ROLUL ANALIZEI MULTIDISCIPLINARE A TUTUROR DATELOR N VEDEREA IDENTIFICRII
AUTORILOR DE FAPTE COMPLEXE CU VIOLEN
REMUS SCROB
MIHAELA ANDRA
927. VERIFICAREA DE SCRIPTE I PROCEDURA FALSULUI N CAZUL ADMINISTRRII PROBEI PRIN NSCRISURI
GEORGE MGUREANU
FLOREA MGUREANU
934. REALIZAREA SCOPULUI I A REGULILOR DE BAZ ALE PROCESULUI PENAL PRIN METODE I TEHNICI ALE CRIMINALISTICII
TEZA DE DOCTORAT A CRIMINALISTULUI NICOLAE GROFU
CONSTANTIN DUVAC,
938. CRIMINALISTICA EUROPEAN LA ORIZONTUL ANULUI 2020
IOAN HURDUBAIE
940. OMOR I SINUCIDERE PRIN MPUCARE CU ARM DE FOC ATIPIC. INTERPRETAREA CRIMINALISTIC LA FAA LOCULUI
MANOLESCU TEODOR
TOCAN LEONARD
944. PARTICIPARE LA O MANIFESTARE TEHNICO-TIINIFIC INTERNAIONAL DE PRESTIGIU
MIRCEA FIERBINEANU
946. TEHNICI DE SUPRAVEGHERE PRUDENIAL N MATERIA PREVENIRII I COMBATERII SPLRII BANILOR
ELENA GEORGESCU

TO THE ATTENTION OF READERS


AND OF COLLABORATORS!

The next issue of the journal will come out on April


2012. Those who are interested to purchase our
publication could address the forensic services from
the inspectorates of county police and from the
Bucharest Municipality Police. The materials also
given to publication, accompanied by the necessary
illustrations, will be sent to the editorial office, also
through the forensic services, to Forensic Science
Institute of General Inspectorate of Romanian Police.

Theoretical and practical solutions are the


opinions of the authors of articles published

900

The printing approval was given by the editorial chief.


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

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

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

CRIMINAL INVESTIGATION DIRECTORATE


CONTRIBUTION TO ROMANIAN FORENSIC DURING
1973-2008 (I)
CONTRIBUIA DIRECIEI CERCETRI PENALE LA
DEZVOLTAREA CRIMINALISTICII ROMNE N PERIOADA
1973-20081 (I)
PhD University Reader Constantin DUVAC,
The Faculty of Law and Economics, Agora University in Oradea;
associate researcher at the Institute of Legal Research,
Acad. Andrei Radulescu of the Romanian Academy
Abstract
First, the author made a description about institutional development of the militia/police
and the Department of Criminal Investigation followed by a presentation of competence,
leadership, its organizational structure and workforce involved in the fight against those
who violated the criminal law.
Then, he presented the main results obtained by the structures of criminal investigations,
particularly after 1990.
Against the backdrop of legislative and institutional changes that occurred after 2000,
the author set out in detail how and under what conditions the reorganization (dissolution)
of the structures of criminal investigations was achieved.
Regarding the reality and future prospects for the structures of criminal investigations,
the author identified several involution, drawbacks, risks of how the Conception of
reorganization the structures of criminal investigations was implemented, exposed and
examined critically the poor results obtained by workers of judicial police. He mentioned the
efforts made by the Public Ministry and the Ministry of Justice in this area and some trends
in their view on Judicial Police.
Following analysis and as a consequence of these findings, the author suggested,
rightly, the reestablishment of the Department of Criminal Investigation and its formations.
Key words: criminal code, criminal procedure code, criminal law, offense, judge,
prosecuting body, criminal courts, judicial police, formations/structures of criminal
investigations.
Rezumat
Mai nti, autorul face o prezentare a evoluiei instituionale a miliiei/poliiei i a Direciei
cercetri penale, urmat de o expunere a competenelor, conducerii, organigramei i a
efectivelor implicate n lupta contra celor care au nclcat legea penal.
Sunt prezentate apoi principalele rezultate obinute de structurile de cercetare penal,
ndeosebi dup anul 1990.
Pe fundalul modificrilor legislative i instituionale intervenite dup anul 2000, premise
ale reorganizrii (desfiinrii) formaiunilor de cercetare penal, autorul expune n detaliu
modul i condiiile n care s-a realizat acest lucru.
n legtur cu realitile i perspectivele privind viitorul formaiunilor de cercetare
penal, autorul identific mai multe involuii, neajunsuri, riscuri ale modului n care a
fost implementat Concepia de reorganizare a structurilor de cercetare penal, expune
i analizeaz critic rezultatele slabe obinute de lucrtorii de poliie judiciar. Acesta
menioneaz eforturile fcute de Ministerul Public i Ministerul Justiiei n acest domeniu,
precum i unele tendine referitoare la viziunea acestora asupra Poliiei Judiciare.
n urma analizei efectuate i ca o consecin fireasc a acestor constatri, autorul
propune, n mod ntemeiat, renfiinarea Direciei cercetri penale i a formaiunilor de
profil.
Cuvinte cheie: codul penal, codul de procedur penal, legea penal, infraciune,
judector, organ de urmrire penal, organ de cercetare penal, poliie judiciar, formaiuni/
structuri de cercetare penal.
The article appears in two episodes. The first episode relates to Criminal Research
Directorate activity to its abolition

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

901

1. Institutional development
Institutional evolution of Criminal investigation
department, former elite unit of the Romanian
Police, cant be detached from the structure of
which was part under various names, its basic
task of investigating the offenses in police power,
but is still constant and a bonding time.
First, by decree of the Presidium of the Grand
National Assembly of Romanian Peoples Republic
no. 25 of January 23, 1949, under Article 44. Align.
2 and Art. 45 of the Romanian Constitution in April
1948, was established Militia. The central coordinator
of police activity was the General Directorate of Militia,
organizational structure was set to be established by
the Ministry of Interior with the approval of the Council
of Ministers. Militia had authority to pursue and
prosecute all crimes committed on the territory within
its jurisdiction2.
After Decree no. 25/1949 entered into force,
General State Police Act from 8/21 July 1929 and Law
on organization and operation of the gendarmerie in
April 1943 were repealed, both in rural areas (police
stations) and in urban areas (county militia) operating
one law enforcement: militia.
Following the administrative division at the end of
1966, when counties were reinstated, the General
Directorate of Militia was transformed into the General
Inspectorate of Militia, and in the counties were formed
militia county inspectorates3.
By Law 21 of 18 November 1969, after separation
of the security bodies of the Ministry of Interior, due
to the establishment of the State Security Council,
was created a new organizational and operational
center of the militia, which had the following structure:
General Inspectorate of the Militia, Bucharest Militia
Inspectorate; inspectorate of the county militia, sectors
of Bucharest Militia, services, departments and offices
of the municipal and city militia, communal militia
stations etc.
In this period, on the scientific plan stands out the
Criminal Investigation Directorate newsletters and
lesson collections as study support for the police who
are carrying out investigations, published every year,
true courses of forensic tactics and methodology.
However, in the period 1976-1989, is detaching and
stands out the monumental work of forensic practical
treaty in five volumes, performed under the baton of
leading forensic (some officers to senior positions in
the Criminal Investigation Department), we mention
col. (r.) Vasile Lpdui4 , col. (r.) Ion Angelescu,
col. (r.) Constantin Aionioaie, prof. univ. dr. Vasile
Berchean5 , prof. univ. dr. Tudorel Butoi, general de
brigad (r.) Gheorghe Scarlet, col. (r.) Tudor Stnic,
col. (r.) Nicolae Coca, col. (r.) Eugen Plnceanu6
.a.
Militia functioned until December 27, 1989, when,
under Decree-Law no. 2 on the organization and
functioning of the National Salvation Front, the name
Militia was changed to Police, marking the start of
practical structural changes at the facility caused by
events held in December 1989, police remaining as
part of the Ministry of Interior7.

902

Law no. 26/1994 on organization and operation


of the police marked the realization of new identities,
real democratic police, through which were stated the
rights and obligations of police officers and their duties
attaching to the role and place in todays Romanian
society8.
The current legal framework under which the
Romanian Police operates is Law. 218/2002 on
organization and functioning of the Romanian Police, as
amended and supplemented and by Law no. 360/2002
Police Status, as amended and supplemented.
The current organization of the General
Inspectorate of Romanian Police has its origins in the
Minister of Interior order of 1 March 2000 that divided
the police into three pillars:, Public Safety Police and
Administration Police, each led by a deputy inspector
general . Part of the Judicial Police Pillar was the
Criminal Investigations Department, with the Judicial
Police Directorate, Economic and Financial Police
Directorate, the Department for combating organized
crime and the Forensic Institute.
Currently, the General Inspectorate of Romanian
Police is the central unit of the police, with legal
and general jurisdiction, leads, directs and controls
the activity of subordinate police units, investigation
and research activities particularly serious crime,
circumscribed to organized crime, economic and
financial or bank offenses, other offenses subject to
criminal cases under the supervision of competent
flooring units and it has in its organizational structure
general directions, directions, services and offices
established by the Minister of Administration and
Interior. As is easily observed in its composition does
not appear the Criminal Investigation Directorate.
On January 1, 1990 the number of workers in the
entire body of police was 31,972 (7,451 officers, 264
military foremen, 21,513 non-commission officers
and 2744 civilian employees) the number of functions
provided was 34,784. In the General Inspectorate
of Police (GIP) were set 418 functions of officers,
37 military foremen, 152 NCOs and 140 civilian
employees, out of 747 positions, 666 were occupied
and vacant positions were: 48 officers, 4 military
foremen, 10 NCOs and 19 civil employee9.
In the period 1990-1996 have been made some
additions to the effective, leading to 57,677 jobs
in 1996, following the establishment of new police
structure - formation of combating organized crime,
combating corruption, ensuring the security of banks
- as well as the need to supplement existing troops in
some units.
- Public order, traffic police, criminal investigations,
weapons, explosives, economic and financial crime,
etc.10.
This increase in forces in the fight against crime
continued after 1996, reaching on 1 January 2010
61,353 jobs (14,524 officers, 43,653 agents and 3,176
contract staff). Of these, 53,844 were occupied earlier
this year, representing an employment rate of 87.8%.
In this context that development of Criminal
Investigation Department should be viewed from three
perspectives (phases).
A first step would be that the unit was confused with
that of state security, a step that is not subject to our
concerns in this study.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

A second view of this structure as that between the


years 1973-1989, during which time it functioned in
the General Inspectorate of the Militia, as the Criminal
Investigation Department.
A third approach is that the Criminal Investigation
Department functioned between 1990 and 2008.
In terms of our scientific approach, note that the
Criminal Investigation Department functioned within
the Code of Criminal Procedure of 1969, being
re-established nationally in 1973 11, period taken
into consideration in this article is 1973-2008, with
emphasis particularly on the third stage.
2. Criminal Investigation Department powers
Performance parameters of this unit and therefore
of criminal investigation structures were influenced
in a negative sense, the legislative and institutional
changes occurred, especially after 2000, on the
unduly transfer of powers form the police to the
prosecutors, although police had the necessary force
to prevent and combat crime (about 27,000 judicial
police workers to prosecutors about 2000) or by
creating prosecutor structures (with their own judicial
police), with responsible sometimes parallel to those
of ordinary prosecuting units.
Thus, in 2000-2007 several acts emerged with
significant impact on criminal research. Of these,
six have particularly influenced the performance
of criminal investigation police: Law no. 281/2003
amending the Criminal Procedure Code and other
special laws, Act no. 364/2004 on organization and
functioning of the judicial police, Law no. 508/2004
on the establishment, organization and operation of
the Public Ministry Department for Organized Crime
and Terrorism, Law no.275/2006 on execution of
punishments and measures taken by judicial bodies
during criminal trial; Law.
356/2006
amending
and supplementing the
Criminal
Procedure
Code
and
other
laws and GEO no.
60/2006
amending
and supplementing the
Criminal
Procedure
Code and to amend
other laws.
On this legal and
institutional background,
since 2000, the number
of cases solved by
police with prosecution
proposal
declined
significantly due to two
main causes:
reduction of material and functional skills
involvement of judicial police officers, by delegation
12
(in fact designation under art. 217 . Last align.
Criminal procedure Code - Our specification), to the
files within the prosecution exclusive competence.
After 2000, successively, several crimes were put
in the competence of the prosecutor (as shown in the
chart attached), reaching 308 on 1 August 2008, some
only in some circumstances 13.

From 2000 to 2008 the number of antisocial acts


criminalized in Romania almost doubled (from 577 to
996), and, the material investigative powers of such
acts by the police fell from 74.69% to 68.47% .
Following the entry into force of Law no. 508/2004
on the establishment, organization and operation of
the Public Ministry Department for Organized Crime
and Terrorism, 1,218 officers were delegated from
operational units, in 2009 solving 8883 delegation
ordinances 14. Please note that at the development
of Law no. 508/2004 was considered - regarding
organized crime and solving cases of macro-economic
and financial crime - the new concept of work task
force (composed of prosecutors and police), expecting
to increase workability.
By Law. 356/2006 was repealed art. 217 align.
(3) Criminal Procedure Code., so that cases taken
by a central criminal courts were not supervised by
a prosecutor of the Prosecutor of the High Court of
Cassation and Justice (P..CCJ) but by a prosecutor
in the prosecution unit which is attached to the court
competent to hear the case in the first instance and
supervising the work of superior investigation body.
This
repealing
provision
diminished
the
effectiveness of judicial police investigation bodies of
the General Inspectorate of Romanian Police - GIRP
- and unjustifiably increased the expenses necessary
for the administration of justice in the territory of
central research bodies (we consider those situations,
not less, in which criminal research is carried out by
officers of GIRP or General Inspectorate of Romanian
Border Police and criminal investigation is supervised
by local prosecutors offices attached to courts).
Consequently, criminal investigation activity carried
out by officers from the operational departments
of GIRP is supervised by any prosecution unit with
territorial and material
competence.
To
streamline
criminal
activity
we
would
seem
appropriate
to
reconsider
the
legal solutions, as
uninspired as it is costly
for the state budget,
especially in the current
economic crisis and
the unanimous desire
to reduce costs of any
kind.
On dissolution July 30, 2008 - Key
competencies of the
Criminal Investigation
Department and specialized structures, according to
the Criminal Procedure Code, Law no.218/2002, MIO
no. 265/2002 on the criminal investigation activity,
Order of the General Prosecutors Office and Minister
of Interior nr.10/121/29.10.2004 on registration and
circuit of criminal cases and consistent evidence of
criminal activity and other norms related, were the
following:
provide support, advise, coordinate and control
the activity of territorial units 15;

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

903

drafts strategies, concepts, protocols and


legislation with direct or indirect impact on the work of
criminal investigation;
conducts research in complex criminal cases, with
greater difficulty degree, in order to produce evidence
or that, given the amount of damage, the quality and
number of participants or extent of the facts on the
area of several counties, have produced very serious
consequences or high social threat ;
conduct studies, analyzes, summaries and
information on specific activity and keeps track of
complex criminal cases and offenses committed by
foreign citizens in Romania;
carry out inspections related to complaints,
petitions, statements and claims aiming the activity
of workers in the territorial criminal investigation and
arrest transfer units;
ensure the proper functioning of places of
detention and custody and ensuring the rights of
persons deprived of liberty;
detainees transfer and escort missions.
3. Organizational of the Criminal Investigation
Department
The climax of these elite unit, with workers whose
professionalism was nationally recognized 16 and
results on its measure, as well as the structures in
its direction was achieved in 1996 and had continued
until 2000 when, following the occurrence of Law no.
78/2000 on preventing, discovering and sanctioning
corruption and then GEO. 43/2002 regarding the
National Anticorruption Directorate (NAD), with
subsequent amendments, were passed, as noted,
many crimes from the research competence of the
police in that of the prosecution, while setting up a
specialized prosecution unit in their research (NAD),
with its own judicial police.
On 1 January 2007, Criminal Investigation
Directorate had the following organizational structure:
a) Control;
b) Department for support and guidance in complex
criminal cases;
c) Department for criminal offenses;
d) Department for smuggling, profiteering, travel,
office, customs fraud, weapon offenses, explosives
and toxic substances;
e) Department for financial and economic
offenses;
f) Department for offenses in rail transport, water
and air;
g) Department for security, custody, transfers and
procedures:
- Security, custody, transfers;
- Procedures;
- Administrative and feeding arrested;
- Health;
h) Department for information, analysis and
synthesis;
i) Department for investigating corruption offenses
17.
As was natural, skills reduction caused a restriction/
modification, as appropriate, of the organizational and
the number of senior investigators, so that, on August
1, 2008, the chart looked like this:
a) Control;

904

b) Department for coordination and control of


criminal investigation procedures and secretarial;
c) Department for investigating crimes against
property and person;
d) Department for investigating the economic and
financial fraud;
e) Department for investigating offenses of
organized crime;
f) Department for security and surveillance of
custody transfer.
At local level there were 42 investigating
departments and 37 offices of criminal investigation,
whose leaders, in addition to specific activities, were
coordinating the 58 detention centers and preventive
detention of Romanian Police.
4. Leadership of Criminal Investigation
Department and the staff involved in the
punishment of perpetrators:
During 1973-2008, the leadership of the Criminal
Investigation Department was provided by nine
directors (assisted by a deputy or two each, as
appropriate) as follows:
a) Brigadier General (ret.) Gheorghe Scarlet: 19731987, January 1990 - August 1990;
b) Colonel (r) Tudor Stnic: 1987 - December
1989;
c) Brigadier General (r) Ovidius Pun: 1990 to
1993;
d) Brigadier General (r) Dorin Mihiasa: 1993 to
1995;
e) Lieutenant General Ph.D. Paul Abraham: May 1,
1995 - February 27, 1997;
f) Police Quaestor Constantin Manoloiu PhD.:
February 27, 1997 - September 1999;
g) Brigadier General (ret.) Gheorghe Mihai Stoica:
September 1999 - February 2001;
h) Police Quaestor Jnic Arion ignau, PhD:
February 2001 - December 1, 2005;
i) Police Chief Commissioner Constantin Duvac,
PhD.: December 1, 2005 - 1 August 2008.
In the same period have worked as deputy director
other recognized professionals in the field, among
which (in alphabetical order): Police Quaestor Jnic
Arion ignau, col. (R) Dan Achim, Police Chief
Commissioner Aurelian Costache, Police Chief
Commissioner Valeriu Dinc, col. (R) Nicolae Coca,
col. (R) Mihael Onanu, col. (R) Gheorghe Manolescu,
col. (r.) Nelu Ogarc, col. (r.) Eugen Plnceanu, col. (r.)
Constantin Trandafir and col. (r.) Liviu Trandafirescu.
On dissolution Criminal Investigations Department,
specialized structures were provided with a total of
3,130 positions, of which 1336 officers, 1697 non
commission police officers and 107 contract staff,
including teachers who were active in the apprehension
and detention centers. Note that 149 positions were
driving.
5. The work of criminal investigators
In the period 1990-1996, Criminal Investigation
Department and profile formations solved 2,155,409
papers and criminal cases, of which over 43% with
proposals to prosecute 805,032 people, the number
of cases dealt with growth continuing to over 238 %,
than that registered in 1990 (168.043 cases resolved

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

in 1990 to 400,757 settled in 1996). Virtually every day


in 1996 in Romania were surveyed 578 people who
committed crimes, of which 100 under arrest and in
the period 1990-1996 were made criminal proceedings
against 1,005,931 people of which 225,963 in a state
of apprehension or arrest preventiv18.

After adoption of Law no. 140/1996 and no.


141/1996 that substantially changed the two codes
- Penal and Criminal Procedure, in the period 19972003, the structures of criminal investigations resolved
1,004,673, criminal files of which 621,927 with the
proposal to prosecute 822,251 people. Of these
148,544 were investigated in a state of apprehension
or arrest.
A turning point in the activity of the criminal
investigation body was the occurrence of Law.
281/2003, whose provisions, with some exceptions,
have entered into force on January 1, 2004. By this

law some functional skills were taken from the police


and given to the prosecution, and others to the judge
from the prosecuto, the most important being that of
the disposition of preventive arrest by the judge. Under
these laws, in 2004-2006 the structures of criminal
investigations resolved 358,197 criminal cases, of
which 179,505 with the proposal to prosecute to
238,291 people, of which 26,720 were investigated in
a state of apprehension or arrest.
Criminal Procedure Code has undergone important
changes even by Law no. 356/2006, as amended
by GEO. 60/2006, the concern of the legislature at

that time being seems to create as many procedural


safeguards for the accused / defendant while restricting
the powers of judicial bodies in pursuit of their criminal
accountability. Therefore, criminal activity was more
difficult (bureaucratized), length of trials has increased,
and the causes of economic-financial probation within
the limitation period for criminal liability has
become increasingly difficult (a truly diabolical
probatio ). For example, in 2009, prosecutors
had to settle 597 criminal cases after expiry
of limitation of criminal liability by stopping the
prosecution.
In 2007-2008, prosecutors have settled
196,989 cases, of which 90,607 with proposal
to prosecute 105,217 people. Of these 8606
were investigated in a state of apprehension or
arrest.
Also indicated that the custody transfer line
on August 1, 2008, 58 arrests were operational
with a capacity of about 3,000 places.
As shown, criminal investigation officers, as
well as those in detention centers and remand
centers have made a great contribution to criminal
justice in Romania after the 1989 revolution.
This conclusion is confirmed, in addition to
statistical data, by default by the Romanian General
Prosecutor when in the Report of the Prosecutors
Office of the High Court of Justice for 2009 states that
judicial police officers. conduct researches in over
95% of criminal cases registered 19.
6. Legislative and organizational changes that
have paved the way for abolition of the Department
for criminal investigation and subordinated
structures in the country
From the study of normative documents published
after 2000, with incidence in criminal research, and
after the analysis of institutional changes taking
place within the judiciary bodies, come off easily
the following aspects that made possible the
dissolution of criminal investigation structures:
a) transfer of research skills for more crimes
from the police to the prosecution (ordinary
prosecution departments, NationalAnticorruption
Directorate);
b) increasing the duration of criminal
investigation due to prosecutors objective
inability (their small number) to resolve all files
in their own jurisdiction;
c) bureaucratization of criminal proceedings
(Law no. 281/2003, Law no. 356/2006);
d) increasing the role of judge in criminal
prosecution, in many situations (usually when
they have procedural measures) prosecutors had to
make proposals as a result of proposals made by
criminal investigation bodies to the court, although
they are masters of criminal investigation;
e) transfer of the power to order arrest from the
prosecutor to the judge (July 1, 2003) and reducing
the cases in which arrest can be ordered;
f) establishment of judicial police by Law no.
364/2004 (currently there are about 27,000 judicial
policemen), giving similar powers under the Criminal
Procedure Code for criminal investigators and to other
operative policemen.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

905

Basically, in relation to recent changes regarding the


power of prosecution, brought by the Law nr.508/2004,
judicial police investigators are not authorized to carry
out research for serious economic and financial or
organized crime, resumed their power to the rest of
offenses under the Penal Code or special laws.
Along with these premises, in our opinion there
were other subjective premises that led to the abolition
of this leading unit of the Romanian Police, fueled by
excesses manifest in endorsement to allowing the
start of prosecution by some investigators and the
proximity, in fact natural, to the prosecution structures
and thus creating a certain professional autonomy
in relation to the line of managers. To these were
added some ambitions of the managers of the newly
created prosecution units, which in order to justify their
existence have taken as many skills as possible.

Notes
1. Communication presented at National Symposium
on Romanian forensic specialists contribution to the
development of forensic science, organized by the
Romanian Forensic Association on April 15, 2010 in
Bucharest, updated with some statistical data for the years
2008 and 2009 to emphasize certain trends which otherwise
maintained in 2010-2011.
2. Vasile Bobocescu, Istoria Poliiei Romne, M.I.
Publishing House, Bucharest, 2000, p. 306-307.
3. Vasile Bobocescu, op. cit., p 308.
4. For details on the work of these leading forensic
specialists in the country, some even former officers of
criminal investigation, see Lazr Crjan, Mihai Chiper,
Criminalistica. Tradiie i modernism, Curtea Veche
Publishing House, Bucharest, 2009, p. 49-51.
5. For details of our regreted professor and former
criminal investigation officer during 1974-1980, see Nicolae
Grofu, Prof. univ. dr. Vasile Berchean personalitate
marcant a criminalisticii romneti (1951-2009), article
presented at the National Symposium on Romanian
forensic specialists contribution to the development of
forensic science, organized by the Romanian Forensic
Association in Bucharest in April 15, 2010.
6. The last four mentioned former investigators are
co-authors of the volume of Forensic tactics published in
1989.
7. Vasile Bobocescu, op. cit., p. 325.
8. Ibid., p. 328.
9. Ibid., p. 326.
10. Ovidius Pun (coordonator), Nicolae Bucur,
Haralambie Neda, Luminia Petrescu, Aurel Camberea,
Florin Gheorgheci, Adrian Teodorescu, Poliia romn 19901996, G.I.R.P. Publishing House, Bucharest, 1997, p. 89.
11. Ovidius Pun (coordonator), Nicolae Bucur,
Haralambie Neda, Luminia Petrescu, Aurel Camberea,
Florin Gheorgheci, Adrian Teodorescu, op. cit., p. 159.
12. For details on the acts of the criminal prosecution,
see: Nicolae Grofu, Reflecii referitoare la actele organului
de urmrire penal n concepia Proiectului Legii privind
Codul de procedur penal forma transmis Parlamentului,
article presented at The 2nd International Scientific

906

Conference The Role and Place of Law in a Society


based on Knowledge, 16-17 aprilie 2010, organized by
Law Faculty, Constantin Brncui Trgu Jiu University in
partnership with Law Faculty of Masaryk University in Brno,
Czech Republic;Nicolae Grofu, Consideraii referitoare
la interpretarea art. 203 din Codul de procedur penal,
article presented at the Annual session with international
presentation at the Judicial Research Institute Acad.
Andrei Rdulescu of the Romanian Academy, Bucharest,
26.04. 2010, published in Dinamica dreptului romnesc
dup aderarea la Uniunea European, Universul Juridic
Publishing House, Bucharest, 2011.
13. Thus, offenses of fraud, abuse against the interests
of persons, abuse by restriction of rights, abuse against
public interests, smuggling and tax evasion, which are the
responsibility of police, go to the sole responsibility of the
National Anticorruption Directorate (NAD), where it caused
a material damage greater than the equivalent of one
million euros. If one or more persons commit one or more
offenses for which the research duty is given to police into
competition with an offense under the exclusive competence
of the prosecutor, both of them fall into the jurisdiction of the
prosecutor.
14. In reality, the number of criminal cases that
prosecutors elect under Art. 217 Criminal Procedure Code.,
police investigators to make certain criminal investigation
is much higher. Ordinances listed are only those issued by
DIICOT for the officers of organized crime structures.
15. This task, in large part (at least in regards of the
control), fell into disuse after the entry into force of Law
no. 281/2003, which, among other things, this provision
was inserted in the Code of Criminal Procedure: For
criminal investigation bodies their managers can not give
guidelines or provisions regarding criminal investigation, the
prosecutor is the only competent power. By this provision,
any control of the managers over the personnel with powers
on criminal investigation was paralyzed and it was one of
the main causes for the quality of criminal investigations
and in general all specific indicators of investigative activity
(volume of criminal cases, the efficiency of solving criminal
cases, determination, criminal refunds, removal from the
prosecution, injury recovery, works expansion , offenders
extensions) decreased significantly, aspect to which we
shall return.
16. Ovidius Pun (coordonator), Nicolae Bucur,
Haralambie Neda, Luminia Petrescu, Aurel Camberea,
Florin Gheorgheci, Adrian Teodorescu, op. cit., p. 159.
17. Ibidem, p. 54.
18. Ibidem, p. 161, 357. In 1996, police completed
investigations for 321,651 offenses committed by 211,138
people, with a crime rate of 1423, compared to 1305 last
year.
19. For example, in 2009 from the 1,356,939 cases to
settle by the prosecution, 1,290,857 were solved by the
judicial police (95.1%).This volume is a constant activity of
the two institutions. For example,in 1989, out of the 166,987
cases to settle by the prosecution, 143,288 were solved by
the judicial police (85.8%); in 2000 from the532,986 cases
to be solved by the prosecution, 501,318 were solved by the
judicial police (94.10%); in 2007 from the 1,079,210cases
to settle by the prosecution, 1,023,769 were solved by the
judicial police (94.9%).

- To follow -

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

AN UNCLEAR POLITICAL ASSASSINATION:


BARBU CATARGIU, 1862
- HISTORICAL AND MEDICO-LEGAL ASPECTS
UN ASASINAT POLITIC NEELUCIDAT:
BARBU CATARGIU, 1862
ASPECTE ISTORICE I MEDICO-LEGALE
Prof dr. Constantin Blceanu STOLNICI
Honorary director - Francisc Rainer Anthropology Institute,
M.o Romanian Academy
Associate Prof. Octavian Buda
Carol Davila University of Medicine and Pharmacy
National Institute of Legal Medicine Mina Minovici, Bucharest
Abstract
Assassination may be defined as the act of deliberately killing someone, especially a
public figure, usually for hire or for political reasons. To carry out an assassination is to
murder (a usually prominent person) by a sudden and/or secret attack, often for political
reasons. An assassination may be prompted by religious, ideological, political, or military
motives; it may be carried out for the prospect of financial gain, to avenge a grievance, from
the desire to acquire fame or notoriety (that is, a psychological need to garner personal
public recognition), from the wish to form some kind of relationship with a public figure,
or from the desire (or at least the willingness) to be killed or commit suicide in the act. One
of the most dramatic political assassinations in Romania was undoubtedly that of Barbu
Catargiu of June 8, 1862, the first of its kind in the history of modern Romania. It occurred
amid tensions between the leftist political reformers of the National Liberal Party and those
who promoted a traditional conservative way, led by prime minister Barbu Catargiu. The
following paper deals with the historical and forensic consequences of this assassination.
Key words: Modern Romanian History, Political assassination, Barbu Catargiu, Forensic
Autopsy.
Rezumat
Prin comiterea unui asasinat, o persoan, adesea public, este ucis n mod deliberat,
de cele mai multe ori pentru motive politice. Un asasinat se poate produce la instigarea
unor faciuni religioase, pentru motive ideologice, politice, militare sau poate fi efectuat
din perspectiva unui ctig financiar, pentru a rzbuna o nedreptate, din dorina de a
dobndi faim sau notorietate (care poate reprezenta o nevoie psihologic de a acumula
recunoaterea public cu caracter personal) ori din dorina patologic de a forma un fel de
relaie cu o persoan public. Unul dintre cele mai grave asasinate politice din Romnia
a fost, fr ndoial, cel asupra prim-ministrului Barbu Catargiu, din 8 iunie 1862, prima
crim de acest gen din istoria modern a Romniei. Acesta a avut loc pe fondul tensiunilor
dintre reformatorii politici de stnga ai Partidului Naional Liberal i cei care au promovat o
politic tradiional, conservatoare, condus de prim-ministrul Barbu Catargiu. Studiul
abordeaz consecinele istorice i medico-legale ce au decurs din acest asasinat.
Cuvinte cheie: istorie modern, asasinat politic, Barbu Catargiu, autopsie medicolegal.

INTRODUCTION
The murder, unlike the crime, represents the killing of a
political, religious or public, social or cultural representative
personality. All murders have a common characteristic:
the brutal change of forces between the governors and
the opponents or foreign power performers, a political
group or have an adjacent economical purpose. Usually,
the motivation is dictated, at political or religious level, by
vengeance or by financial blackmail.

Of course, there are cases in which a mental ill person


can commit crimes or attempted murders with political
implications, as it was the McNaughton case in 1843 the
attempted murder of the British Prime-Minister, Robert
Peel, followed by the murder of his secretary, Robert
Drummond, or the Hinckley case in 1981 over President
Reagan. Over time, the murder has changed governments
and has led to wars: from Julius Caesar, going through the
France or Englands Royal Courts, until the nine Japanese

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

907

Prime Ministers killed after 1860 or the four American


Presidents.
Doubtfully as decision and deeply blamable, in a world
based on democratic values, the attempted murders have
often rushed political actions in the negative way, with worst
consequences. And history of attempts came constantly,
that of humanity.
THE ROMANIAN
CASE
Unfortunately, neither
Romania hasnt been
avoided nor one of the
most
serious
political
murders is the one of Barbu
Catargiu, dated the 8th of
June 1862, the first one of
this kind in the history of
modern Romanian. The
murder has occurred on
the base of major political
tensions between the left
reformers from National
Liberal Party and the ones
that promoted a traditional
policy, led by the Barbu
Alexandru Ioan Cuza
Catargius conservatives.
The
Ruler
then,
Alexandru Ioan Cuza, had been elected temporary, with the
mission of being the spearhead of the reforms demanded
by Europe to Napoleon the Third and by the freemasonry
then (especially the one of the Great Orient from France),
reforms designed to change the United Principality from
their post medieval anachronistic state, dominated by the
great landowners and by an extremely powerful Orthodox
Church, in both spiritual and economical way, due to the
important properties accumulated through donations
during last centuries. That is the reason why he and his
advisers, among who were also Mihail Kogalniceanu and,
in shadow, a Belgian, Cezar Librecht, led a powerful fight
for promoting the reforms,
that were designed to
transform the Romanian
Principality, but also meant
to create powerful enemies.
Cuza was the right man at
the right time. After 1860,
the our political scene has
no longer been dominated
by the tensions between the
unionists and non-unionists,
but between the reformist
and the non-reformists,
between Cuza Voda and
his partisans and Barbu
Catargiu and his men.
We dont have to imagine
that Barbu Catargiu (18071862) would have been a
Barbu Catargiu
non-European retrograde
gentleman. His father,
governor tefan Fotache, that took the name Catargiu after
his mother, Luxia, and Barbus mother, Tia Vcrescu
(daughter of Barbu Vcrescu), gave him a high education
and sent him to France, where he had stayed for nine
years, studying literature, philosophy, law and political
economy, and from where he returned with an indisputable

908

west-European knowledge (1). Opposite to most young


gentlemen that studied at Paris during that time, he didnt
return with left revolutionary ideas, but with conservative
ideas, this explaining his non-involvement in the 1848s
happenings.
He was a member of Romanian Land Nongovernmental
Meeting, director at Justice Department, in the 23rd of April
1843 he became clerk and then locum tenens at Treasury
Advice. He was a magistrate at the Court of Appeal, a
deputy and Prime Minister (2). He was convinced that the
Principalities modernization had to be made slowly, through
evolution and not suddenly, by non-popular revolutionary
measures. He also considered that the countrys politics
had to be lead by the gentlemen, according to tradition.
That is the reason why he was a conservative in politics,
becoming a leading man of them and the worst oponent
of the liberals, especially the extremists.
Three years after his election, Al.Ioan Cuza had
to start the reforms for which he had been chosen:
properties secularization of Romanian Orthodox Church,
secularization of Romanian society, fiscal reform and
the agricultural reform. Supported by the liberals, he has
struck the powerful conservative opposition, animated
and directed by Barbu Catargiu, who was then the
Prime Minister and who had a comfortable parliamentary
majority. His declarations proved that he was not opened
to any compromise.
There were two worlds that were fighting: the
conservatives considered the full and absolute property,
and the liberals that considered it limited and conditioned.
The first considered that the peasants were owners only
of their arms. The latter considered that they were also
the ones that could use the land that they had worked for
centuries. At a liberal political meeting that took place in
Cezar Boliacs houses, he declared to Eugen Carada (the
future creator of Romanian National Bank) that Al. Ioan
Cuza wouldnt be able to implement his reforms if Barbu
Catargiu hadnt been suppressed (3). On the other hand,
Barbu Catargiu said that I would rather prefer death than
to step on or to let others step on the states institutions.
As historical Emanoil Hagi Mosco (1882-1976) said,
Barbu Catargiu represented an additional threat to Cuzas
conditions. It was the intense fight against the corruption
among the ones in the leaders environment, begining with
Librecht. He is the author of a famous saying that was
graved on the base of the statue that commemorates his
murder: All for the country, nothing for us. It is easy to
understand that many have gathered against him and, since
being a high stake, they
didnt hezitate to consider
his murder. Hagi Mosco
was an historical man in
the field of genealogy and
heraldry, a chronicle man
of Bucharest once and an
incisive journalist. He was a
member of Adler Genealogy
Society from Wien and
Heraldry Commission of
N.Iorga History Institute
of Romanian Academy.
He was a testamentary
Emanoil Hagi Mosco
trustee of Brancoveanus
settlements,
as
a
descendent of Constantin Vod Brncoveanu, and a Malta
Order knight. Politically, he was a consistent conservative
along with Nicolae Filipescu and, especially his son,
Grigore Filipescu, both of them collaborating at the Epoca

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

newspaper. He was a leading man in Buzau and a Mayor


of the green district of Bucharest.
The 8th of June 1862
The political tension has reached an explosive level on
the 8th of June 1862 when, after Constantin Filipescus
interpellation, Barbu Catargiu , through a brief, yet definitely
speech in Parliament, revoked the authorization for a party
that the Red people were going to organize on the Filaret
Hill, on the 11th of June, in order to commemorate the
1848s Revolution (4). At
the end of the meeting,
Barbu Catargiu couldnt
find his carriage that had
been sent home through
an order that had never
been cleared out. At the
Parliament exit- situated
on the Metropolitan Hill-all
was empty. After Catargiu
had exit, the Parliament
doors were locked in order
to not let anybody in the
courtyard. Here only the
capital
leading
mans
carriage was waiting and
Prince Nicolae Bibescu
offered a ride home to the
Prime Minister.
Prince Nicolae Bibescu
Prince Nicolae Bibescu
was the son of Ruler
Gheorghe Bibescu and his first wife, Zoe Mavrocordat
(adopted by the great Ban Grigore Brncoveanu). He was
a colonel and had been named leading man of the capital
by Cuza, whos man of trustworthy he was.
The Prime Minister accepted Bibescus offer and
got into the carriage, sitting of course on his right side,
according to protocol. Nicolae Bibescu even put his arm
around Catargius neck. When the carriage had passed
near the Metropolitan Bell Tower, two gunshots were heard,
Barbu Catargiu collapsed with a bleeding wound in his left
occipital side, and the leading man shouted pointing: Shots
were fired from the bell,... shots were fired from the bell.
The leading man (prefect) got of the carriage and gave the
carriage driver to run to Catargius house. In the carriage,
got on, at Bibescus request, Gh.Plagino, that was going
to accompany the dead body of the Prime Minister (5).
Catargiu lived on the Mogosoaia Bridge (nowadays Victory

Barbu Catargius house (1930), the left


Way), near Sf Nicolae Tabacu Church, in front of nowadays
Romanian Academy.
Emanoil Hagi Mosco, the father-in law of one of the
authors (C.B.S), said that his mother Pulheria (Profira),

who was in her fathers house, Barbu Sltineanu, on


Mogosoaia Brigde (nowadays Franklin street) saw the
carriage passed with Barbu Catargiu leading one side and
his clothes covered in blood. He immediately allerted his
father and they ran to the Prime Ministers houses, finding
him dead, lying on the couch, with a wound on the left part
of the head and neck and with burns around, indicating
that he was shot from near distance. After Sltineni, Ruler
Al Ioan Cuza got to the deads body and the new interim
Prime Minister, doctor Apostol Arsaki. The Ruler was in a
very revolted state, his face was red, and his nose and
eyelids were pulsing.
Apostol Arsaki (1792- 1874) came from Epir, was a
medicine doctor in Wien and MD (protoiatros) at Coltea
hospital, chief physician (arhi-iatros) of Bucharest, adviser
of Caragea Voda , minister and then Prime Minister under
Cuza Voda and senator under Carol I, a conservative and
philanthropist that created Arsakion Institute in Athens.
Looks like Arsaki was conviced of Cuzas fault and
delicately
attentioned
him, saying that from
Prime Minister to Ruler is
not such a big distance,
a phrase that made
Cuza fade (6). Arsaki
sent then the circular
letter no. 4487 from the
8th of June 1862 to all
counties
prefectures,
Oltenia Subprefecture
and Ministery Director
from Iai, with the following
content: Today at 6 hours
in the afternoon, mister
Barbu Catargiu, the Prime
Minister,
leaving
the
Apostol Arsaki
Chamber, was murdered
with two bullet shots. The
murderer hasnt been found yet. Be careful of the persons
that will arrive or have arrived in that county or residence
that will seem suspicious to you. It is suspected that the
murderer would be dressed in German clothes, is blonde
and has a beard, pockmarked and with a black borders
straw hat.
THE AUTOPSY
OF BARBU CATARGIU.
FORENSIC ASPECTS
The second day, at
five oclock, it was made
the autopsy of the body
at home by doctors: Felix,
Georganda and Sarhosn,
in the presence of the
Criminal Appeal Court
Prosecutor from Bucharest
(7). Professor Iacob Felix
(1832-1905) was one of
the most important doctors
of that age. A Bohemia
Jewish and a medicine
doctor al Praha and Wien
Iacob Felix
Universities, he settled in
Bucharest in 1885, where
he had a brilliant career, becoming Chief Physician of
Bucharest and an hygiene and forensic professor. He was
Dean of Medicine Faculty, a member and vice-President

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

909

of Romanian Academy. He was a man of great integrity


and the information that he noted in his report must be
reliable.
The result of the autopsy is recorded in Romanian
Medical Monitor no.15 of the 15th June 1862 (pp. 120). The
report says that Barbu Catargiu died of the brain and spinal
cord damages caused by the discharge of a fire gun filled
with lead. From the spots described, which came from the
grass gun entrance in the skin substance, it results that the
gun was discharged from a small distance, meaning that
the space between the dead and the gun, in the moment of
discharging, was no bigger than one meter.

The file missed soon after and was never found. It is


clear that the investigation was hused up in order for the
murderer to not be found. It looks like Deliu told the Ruler
that the murderer wouldnt be found because he is too
highly placed.
The conservative deputy Arthur Demetriescu wrote in
1886: Various versions are available even today on the
composion of this plot, from whos members we cant
named not even one, because they are all still alive and the
instruction of the trial was finished just when the Prosecutor
began finding a few of the plot wires. Is it that Catargius
murder, with the help of the authorities, represents a perfect
political murder (9)?
POSSIBLE SCENARIOS

After Cuza abdicated, during Carol I


reign-eleven years after the murder-a new
investigation was opened from the Justice
Ministers order and trusted to the General
Prosecutor of the Bucharest Appeal Court. The
lack of dates and inconclusive testimonials
didnt allow not even this time to find the
murderer. The historicals presented three
scenarios:
The first scenario assigned the crime to
fanatics, radicals belonging to the reds, that
Bullet trajectory
instructed a somebody called Dimitrie Dunca,
with the eventual help of a certain Iulian
It is also stated the presence on the left part of the
Grozescu,
to
murder the conservative Prime Minister.
occipital region, at a distance of 4 cm from the left ear,
This
thesis
was
sustained by the director of Reforma
of an irregular wound with a vertical diameter of 2 cm and
newspaper,
the
liberal
I.G. Valentineanu, in his memories
horizontal diameter of 1 cm, with squeezed margins and
(10).
Hagi
Mosco
said
that
he knew from his father, Nicolae
covered with blood. The probe can be facile introduced in
Hagi
Mosco-that
in
1862
was
a leading man in the Ialomia
the wound in the down direction and out and a little oblique
countythat
this
Dunca
was
noticed in the county and
high and inside, on a distance of 10 cm. There is a
put
under
surveillance
after
the
murder, but wasnt found.
channel that goes along the skin, the cells and the under
He
was
a
foreign
citizen
(from
Austro-Hungarian
Empire)
skin grease, fascia and the neck muscles
and
would
have
run
immedialty
from
the
until the periost of the occipital bone. The
country
(11).
occipital bone has not been injured. The
Another scenario sustained by
bullet has bounced and went down through
the
liberals-especially the historical Al
the II and III cervical vertebras, breaking
Lapedatu-said
that Barbu Catargius
the left vertebral artery and destroying
murderer
was
Gheorghe
Bogati, a fanatic.
the cerebellum, the bulb (the vital node)
The
liberals
were
eager
to escape the
and the cervical cord, including the III
accusation
that
their
head-men
(especially
spinal nerve. The projective has caused
C.A.
Rosetti
and
I.C.
Brtianu)
were
a massive subarachnoidal subtentorial
responsible
for
the
murder.
Al.
Lapedatu
hemorrhage, until the IV cervical vertebra
was a medieval historical, President of
level, and a small hemorrhage also
Romanian Academy. Bogati was never
subarachnoidial in the occipital region.
arrested. In change, after 1862, he
The bullet is stucked at the end of the
became a rich man, leading a luxury life,
channel that it created (8).
and he was named a forestry inspector
From this report results clearly that
for both Principalities, which is surprising
Barbu Catargiu was shot from near
for a supposed Prime Ministers murderer.
distance down to up, from the back and
All the agitation around him looks like
from the left side, where Nicolae Bibescu
a diversion maneuver at which Bogati
was situated.
never treasured and for which he was
The murder weapon was found
Al. Lapedatu
accordingly rewarded. What is certain is
immedialty. It was an old and rusty
that Catargius family never considered
pistol. The murderer has disappeared
him
a
murderer,
but
a victim of the real killer manipulations
and has never been found. The principal witness, Prince
(12).
Bibescu made contradictory statements, sustaining that the
He withdrew in Transylvania, where the Austromurderer fired from the Metropolitan Bell, or that he got on
hungarian
authorities took him prison for a while, after
the carriage stairs and fired from there. The investigation
freeing
him
for lack of evidence as Ion Blceanu said in
ordered by the Ruler was initially destinated to Prosecutor
his
memories,
in which he dedicates two pages for Barbu
Deliu who-because was to close to the truth- was shortly
Catargius
murder
(13). Ion Blceanu, an ex-leading man
dismissed and Prosecutor oimescu took his place. Shortly
of
Muscel
during
1848s
Revolution and a fighter for the
after, he-following an order-closed the case although the
Union,
was
a
police
prefect
during Cuza and a diplomacy
murderer wasnt identified and of course was never found.

910

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

during Cuza and Carol I. He was at one


moment the Foreign Affaires Minister
and a member in the Danube European
Comission (14).

This article was prepared under the


Recovery of cultural identities in the
globalization process, financed by the
European Union and the Government of
Romania in the European Social Fund
Sectoral Operational Programme Human
Resources Development 2007-2013, the
grant agreement no. POSDRU/89/1.5/
S/59758

The third scenarios belong to the


conservatives and the Catargius family.
According to them, the murderer was the
leading man Nicolae Bibescu that was also
called Pistol. The only witness that had
the testimonials recorded was the leading
Bibliography
man, Nicolae Bibescu, but who couldnt
Balaceanu, John, Political and diplomatic
give any description of the killer and
memories
1848-1903,
Ed
Cavallioti,
contradicted his declarations saying that
Bucharest, 1994.
the murderer fired from the Metropolitan
Demetriescu, Arthurs, Barbu Catargius
Bell or from the carriage stairs.
speeches (1859-1862), Bucharest, 1886.
The first version is infirmed by the
Filitti Georgeta, Apostle Arsaki - a
wound localization, by the burns around
history forgotten (Le Docteur Arsaki Apostle,
it and the bullet trajectory down to up,
Ion Blceanu
XIX s) in: Shop History, 1996, 30, no. 1, pp.
through the soft planes of the head and (portrait C. Balaceanu Stolnici) 20-22.
the neck of the dead person, and also by
Ghibnescu, Gh, Surete and old
izvoade, Iasi, 1914
the very small probability to aim, with a
Hagi Mosco, Emanoil, Something about the Barbu
pistol from a distance bigger than 10 meters, Catargius
head that passed in the carriage with the horse running. Catargius murder, in: the reminiscences of a city under the care
Curiously, at the reopening of the investigation, in 1873, of Pleia tefan, Pleia Dan and Rdulescu Mihai S., Editura
Romanian Cultural Foundation, Bucharest, 1995.
Bibescu, although he had known the necropsys result,
Lapedatu, Al., Around the assassination of Barbu Catargiu,
came back to the implausible thesis of the murderer from Romanian Academy. Mem. Sec. Istorice, Ser. III, Tom. XIV,
the bell. The second version of Bibescu is just as improbable Mem. 7, Bucharest, 1933, New testimonials and information
as it is hard to imagine that, in this case, nobody saw the relating to the Catargiu Barbus end, Bucharest, National
murderer that got on the carriage stairs and fired and ran Printing Office, 1939.
afterwards. Also, it is imposibile to believe that Bibescu
Michalopoulos, Dimitris, Arsaki. La vie dun homme dEtat,
didnt see the murderer and couldnt describe him (15). Bucharest, Romanian Academy, 2008.
Neagoe, Stylianos, Barbu Catargiu Case - A perfect
Bibescu-according to protocol-was in Catargius left side,
political
crime, Scripta Publishing House, Bucharest, 1992.
fact that was confirmed by one testimonial, according to
Theodorian-Carada, Marius (nephew of the sister of
which the prefect put his right arm on the Prime Ministers
Eugene Carada), Ephemeris, Bucharest, 1930-1937.
shoulders. So, Bibescu was placed between the murderer
Valentineanu, IG, In my memories: the truth on killing him
and the victim, because the bullet came from Catargius Barbu Catargiu: Whos assassin of Barbu Catargiu? The cause
left side. It is also known that, in one of his statements, was not been found the killer in 34 years - political history (Book
he said that the second bullet passed near his ear. Or, the of the 8th), Bucharest, Lito-printing Eduard Wiegand, 1896.
prefect was on the spot where the murderer was supposed
to be, as this fact is indicated by the analysis of the lethal
Notes
(1) Ghibnescu, Surete.
wound and the bullet trajectory.
(2) Hagi Mosco, Barbu Catargius murder.
Barbu Catargius murder, no matter who did it, was a
(3) Theodorian-Carada ephemeris.
political murder, meant to free the way for Cuzas reforms
(4) The request for authorization for such events was
and his collaborators, sustained by the left politicians, in
signed among others by Ion Arion, Gr Miculescu, T. Oranu
front of who was the radical liberal wing. The question that
and Eugene Carada.
left unanswered is who took the initiative and who ordered
(5) Prosecutor report by the Justice Minister no. 4742 from
the operation and afterwards its cover-up. In this way, the 14th of May 1873
there were three hypothesis created: the first incriminates
(6) The incident is mentioned in the report quoted above
the National Liberal Party, especially the reds led by C.A.
(7) Autopsy was requested by the General Administration
Rosetti and I.C. Brtianu. The second hypothesis refers of the Health Service, with no address. 5347 from the 9th of
to a sad reminder of that age, a close to the Ruler. It is June 1862.
(8) The report shows that an autopsy was not general, but a
Cezar Librecht, a Belgian (or Luxembourgian) that became
local
one, strictly to determine the cause of death.
a telegraph general inspector during Cuza. After Cuza
(9) Neagoe, case Barbu Catargiu.
abdication, he was arrested and a trial for corruption was
(10) I.G. Valentineanu was known for his left-wing attitudes
intended to him, but he succeeded through his connections
and violent criticisms raised in particular the boyars weather
to be acquited. He was then sent out of the country. The booklet in his famous big people Biography written by a little
third hypothesis placed the responsibility on the Rulers man (1859). We stayed at el capacious minds, maximum and
shoulders, with the eventual help of Mihail Koglniceanu, proverbs (1890).
who was accused in this way indirectly by I.C. Brtianu.
(11) Hagi Mosco, instead. cit.
The conservatives and Catargius family sustained all the
(12) Catargiu Barbu, grandson of the same name, a former
Vice President of Jokey Club, the story that his father, Alecu
way Cuzas guilt.
Barbu Catargius murder remains one the murders that Catargiu, when you went to Orsova and it meets the Bogati,
have never been solved, first because of the obstructions gave monetary support (Hagi Mosco, loc. Cit.).
(13) Balaceanu, Memories.
made during the investigations and due to the abusive
(14) Ion Balaceanu was cousin-german with of one
closing of the investigations-perhaps with the purpose of
grandfather authors this Article (CBS).
protecting its authors.
(15) Later Bibescu said that looking to the opposite of (!).

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

911

ANOTHER STEP TOWARD EFFICIENCY


AND PERFORMANCE FOR OPTIMUM RESULTS
IN FORENSIC SCIENCE ACTIVITY
NC UN PAS SPRE EFICIEN
I PERFORMAN PENTRU OBINEREA
DE REZULTATE OPTIME N ACTIVITATEA CRIMINALISTIC
Police Chief Commissioner Ph.D. Chemist Engineer Maria Georgeta STOIAN,
Head of Physical-Chemical Examination Department
Police Chief Commissioner Ion PLEEA,
Head of Crime Scene Investigation Bureau
National Forensic Science Institute within General Inspectorate of Romanian Police
Abstract
Considering the good cooperation relations between the Romanian Police and Spanish
Police, from 19 to 23 September 2011 were organized two training courses supported
by experts and specialists from the Civil Guard in Spain, with the themes: Crime Scene
Investigation of blast for terrorist attacks. Analysis of samples. and Scanning Electron
Microscopy and Judicial Ballistic.
By organizing such training courses was intended to make an important contribution
in terms of improving the professional knowledges of Romanian specialists and experts
in these areas through interactive exposure of common and specific problems in this kind
of crime scene investigations and in these types of forensic examinations, and to identify
concrete solutions on how to resolve their.
The two training courses certainly represented activities with impact on our professional
skills, experiences with many challenges, conclusions, lessons to draw and human
interactions, which will help us to develop in the future and, especially, represented another
step towards efficiency and performance for optimum results in forensic science activity.
Key words: Forensic Science, Crime Scene Investigation, Physical-Chemical
Examination, Scanning Electron Microscopy, Judicial Ballistic, Professional Knowledges,
Performance.
Rezumat
Avnd n vedere relaiile de bun cooperare existente ntre Poliia Romn i Poliia
Spaniol, n perioada 19-23 septembrie 2011 au fost organizate dou cursuri de pregtire
susinute de experi i specialiti din cadrul Grzii Civile din Spania, cu temele: Cercetarea
la faa locului a exploziilor produse n cazul atacurilor teroriste. Analiza probelor. i
Microscopie Electronic i Balistic Judiciar.
Prin organizarea acestor cursuri de pregtire s-a dorit s se aduc o contribuie
important n ceea ce privete perfecionarea pregtirii profesionale a specialitilor i
experilor romni n domeniile amintite, prin expunerea interactiv a problemelor comune
i specifice n efectuarea acestui gen de cercetare a locului faptei i acestor genuri de
examinri criminalistice, ct i n identificarea unor soluii concrete privind modul de
rezolvare a acestora.
Cele dou cursuri au reprezentat, cu siguran, activiti cu impact asupra abilitilor
noastre profesionale, experiene cu multe provocri, concluzii, nvminte de tras i
interaciuni umane, care ne vor ajuta s ne dezvoltm i n viitor i, mai ales, au reprezentat
nc un pas spre eficien i performan pentru obinerea de rezultate optime n activitatea
criminalistic.
Cuvinte cheie: criminalistic, cercetare la faa locului, examinare fizico-chimic,
microscopie electronic, balistic judiciar, pregtire profesional, performan.

For people to survive, they must adapt to the


circumstances and the events around them. If they
dont follow the simple survival, but on the contrary,
evolution and development, change is an imperative
variable that must take into account. In turn, groups
develops, matures and becomes under the influence of

912

both internal and external changes. For organizations


the problem is similar: if they not always adapt to the
dynamic circumstances, to the new configurations
and dont take new directions, is likely to fail and
disappear.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

Organizations are most likely to change because


in their nature they are dynamic, adapting and social
progress. No other social entity is so closely linked to these
concepts, underlying change. Knowledge to master the
change process, where possible, has become a feature
of performance management which can lead on to the
competitiveness of the organization. With the beginning of
knowledge management was questioning the existence of
the change specialized organization, to coordinate current
performance and capability of the organization - hopes,
dreams, in the future.
The best way to induce change is to create conditions
for it to be natural. Managers should strive to unlock the
potential of their staff to create the future like scouts of ideas
which exploiting the imagination required for innovation,
like-minded professionals learning and like employees
who maximize the value of beneficial links.
Peter Drucker said that Management is, ultimately,
replacing muscle and strength with the power of
thought, customs and superstitions with the knowledge,
and aggression with the cooperation. Means that the
responsibility replaces obedience to ranks and that the
authority of performance takes place of authority of
function.
For several years, at the strategic level, the Ministry of
Administration and Interior was and is the subject of some
changes in achieving standards set by EU membership.
In this context, the Romanian Police managers were
and have to be the promoters and the supporters of change,
have to implement the type of management required by
European Union, management based on responsibility,
quality and good organizational culture. Because we are
contemporaries of a world where change is progress and
we live in a world that is globalizing, more and more
important makers have tried to unravel the elements of the
future, how it looks, but also our capacity to respond of
these changes. The globalization concerned and interested
increasingly more people and has a real impact in many
fields of economic and social life and focuses on four basic
directions: economic, social, cultural and security. One
of the consequences and needs of this phenomenon is
universalisation of norms and values. Following, strategies
have been developed, priority action plans which require
implementation of new and modernization in various areas
of activity of the Romanian Police.
The complex process of modernization of the Romanian
Police has included and includes a series of actions and
measures to increase the sense of public safety, taking into
account the need for synchronization of steps taken with
those of European practice, the urge to give the Romanian
Police activities more quality and rigor, efficiency by all the
canons of art management.
National Forensic Science Institute of the General
Inspectorate of Romanian Police is an organization which,
by the nature of its activities, developed to a learning
organization that constantly accumulates knowledge from
its own experiences and constantly improving, and also
is the promoter of adopting the best formulas of quality
management, international standards, in practice and
research forensic science activities.
First step was the implementation in the Romanian
National Forensic Science Institute, since 2006, of the
Quality Management System and laboratory accreditation
according to ISO 17025/2005 for its own areas of examination.
The next step was the extension of accreditation at
national level by providing a Quality Management System
within each territorial Forensic Science Service, according

to the requirements of ISO 17025/2005, expansion which


is currently underway and is a priority for the next period.
Moreover, currently doing another step by carrying out
activities to implement the European Standard ISO 17020
for crime scene investigation activities.
By implementing the Quality Management System in
accordance with the requirements of reference standard
ISO 17025/2005, the National Forensic Science Institute
turned change into opportunities: a chance for staff to
acquire and practice new skills, increase job satisfaction,
improved working conditions and practices, collaboration
and networking with new people, getting a higher status
and increase efficiency.
Management of Institute is still concerned about the
evolution of the organization in the future and having
regard to the environmental trends and opportunities of
the situation, aims to determine a new attitude towards
specific problems, increase efficiency and performance for
optimum results in forensic science activity.
In this respect, steps are made in each year by the
proposal, additional to individual continuous professional
training of personnel, of the various activities and
exchange experiences with specialists and experts from
law enforcement forces of various European states.
Given the good relations of cooperation between
the Romanian Police and Spanish Police, from 19 to 23
September 2011 were organized two training courses
provided by experts and specialists from the Civil Guard
in Spain, activities planned and carried out according to
the Romanian-Spanish bilateral cooperation plan for 2011,
namely:
a training course on Crime Scene Investigation
of explosions caused by terrorist attacks. Analysis of
samples., held at Studies for Public Order Institute from
Ministry of Administration and Interior, provided by three
experts and specialists in the interpretation and processing
of samples from explosions: Mr. Lieutenant Juan Miguel
POVEDA MARTINEZ, Mr. Sergeant Pedro Jos PREZ
FAUS and Mr. Santiago ASENSIO HIDALGO;
a training course on Scanning Electron Microscopy
and Judicial Ballistic, held at National Forensic Science
Institute from General Inspectorate of Romanian Police,
provided by two experts in the fields of judicial evidence
examination by scanning electron microscopy and judicial
ballistic: Mr. Captain Juan Miguel GONZALEZ DAVILA expert in analysis by scanning electron microscopy, from
Chemistry and Environmental Ambient Department and
Mr. Sergeant Miguel Angel SANCHON VICENTE - expert
in judicial ballistic, from Ballistic and Marks Department,
both within the Forensic Science Service of the Civil Guard
in Spain.
By organizing such training courses was intended to
make an important contribution in terms of improving the
professional knowledges of Romanian specialists and
experts in these areas through interactive exposure of
common and specific problems in this kind of crime scene
investigations and in these types of forensic examinations,
and to identify concrete solutions on how to resolve their.
Meetings were organized to ensure an exchange of
experience between Spanish and Romanian experts
and specialists by presentation and debates of themes
and specific topics in those areas. The program of each
training course was structured in five days, and in terms
of curriculum were used the following methods: lectures,
discussions, workshops, case studies and practical
applications.
The course Crime Scene Investigation of explosions
caused by terrorist attacks:

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

913

From the Romanian Police participated in this activity


a number of 55 persons, namely: experts and specialists
from the National Forensic Science Institute, experienced
workers within Crime Scene Investigation Bureau from
territorial Forensic Science Services and within General
Directorate of Bucharest Police, and two representatives
from the Criminal Investigation Directorate.
Spanish partners have proposed that through the
objectives addressed, at the end of the course, the
Romanian participants can interpret and process the
evidence from explosions caused by terrorist attacks, to
acquire skills necessary for crime scene investigation of
explosions caused by terrorist attacks and to disseminate
informations and experience acquired in this course to
other workers in the Crime Scene Investigation Bureaus.
In this respect, Lieutenant Juan Miguel POVEDA
MARTINEZ presented for the beginning several issues
regarding the organization of law enforcement structures
in Spain and in particular the competence of the Spanish
Civil Guard. Also they were presented the structure, the
organization, the functions and the components of the
intervention team operating in the Spanish Civil Guard Forensic Science Police. Sergeant Pedro Jose PREZ
FAUS presented some general notions about types of
explosive devices, how to initiate them, then presented
a series of cases, and Mr. Santiago ASENSIO HIDALGO
presented how to conduct crime scene investigation of
explosions caused by terrorist attacks, and a practical
case, on a car explosion at a military barracks of Spanish
Civil Guard and an apartment explosion that took place in
a tower block of the Civil Guard. All cases were presented
at a high level of detail with emphasis on practical aspects
of the crime scene investigation.
During the course, the three Spanish specialists and
experts have presented the types of actions with explosive
devices, how to conduct crime scene investigation of
explosions and the documentation and collection of evidence,
emphasizing in particular the logistics of intervention, the
organization of intervention and investigation, the way of
collaboration between team members and duties of each
worker, the way of collaboration between team members
and specialists from different structures (eg. pyrotechnists,
firefighters, local and national police etc.), as well as
positive and negative aspects observed.
Were also presented the way to conduct crime scene
investigation of explosions produced in homes and cars,
notions about the investigation of the crater and of the
explosion effects, several aspects of organization of crime
scene investigation, the way to collect samples from the
crime scene, chain of custody evidence, as well as practical
cases of crime scene investigation of explosions.
On the third day of the course was organized a practical
application conducted in the military polygon Ciolpani of
General Inspectorate for Emergency Situations, where
was initiated an explosive load of 400 g TNT.
We note that this practical exercise was organized both
to illustrate the way to conduct crime scene investigation of
explosions and to effectively contribute to the development
of professional knowledge and appropriate practical skills
of Romanian specialists and experts.
The operations from polygon related to production
of explosion was organized, led and coordinated by
the specialists of Pyrotechnic Bureau from the General
Directorate of Bucharest Police.
The course Scanning Electron Microscopy and
Judicial Ballistic:
From the Romanian Police participated in this activity
a number of 17 persons, namely: experts and specialists

914

from the National Forensic Science Institute, within


Physical-Chemical Examination Department and Judicial
Ballistic Laboratory, experienced workers within the
Judicial Ballistic Laboratories of the General Directorate of
Bucharest Police and within the Forensic Science Services
of the County Police Inspectorate of Prahova, Buzu,
Giurgiu and Dmbovia.
Spanish partners have proposed that through the
objectives addressed, at the end of the course, the
Romanian participants can interpret and process the
evidence and the material means of evidence from the
use of firearms, to acquire skills in the searching, setting,
collection, packing and adequate examination by physicalchemical and ballistic methods of evidence and material
means of evidence in cases of using firearms and to
disseminate informations and experience acquired in this
course to other workers of the National Forensic Science
Institute, of the General Directorate of Bucharest Police
and of the territorial Forensic Science Services.
In this respect, Captain Juan Miguel GONZALEZ DAVILA
presented for the beginning several issues regarding the
organization of law enforcement structures in Spain and in
particular the competence of the Spanish Civil Guard. Also,
both the captain and Mr. Sergeant Miguel Angel SANCHON
VICENTE have presented the structure, the organization,
the functions and the components of the Chemistry and
Environmental Ambient Department, respectively Ballistic
and Marks Department, which operates in the Spanish Civil
Guard - Forensic Science Service. Further, the Spanish
experts presented general notions about firearms and
ammunition, as well as about gun shot residues.
During the course, the two Spanish experts have
presented how to conduct crime scene investigation in
cases of using firearms, the documentation and collection
of ballistic evidence and the ways of gun shot residues
collection from various supports (on the shooter or on the
suspects hands, on their clothing or on victims clothing)
for their analysis. Were also presented aspects regarding
ballistics identification and analysis techniques used in
comparative examinations, issues related to establishing
ballistic trajectory, as well as ballistic databases held by the
Spanish Civil Guard.
Were presented the two techniques for gun shot
residues analysis: by colorimetric methods and by
scanning electron microscopy, as well as shooting
distance estimation issues using colorimetric methods by
viewing of lead, respectively, of nitrites. Were highlighted
issues related to chemical analysis of gun shot residues
by scanning electron microscopy, about using automated
software for identification/ classification of metal particles
and interpretation of data obtained (presence/ absence
of gun shot residues), about the classification of identified
particles depending on their chemical elements contained,
according to European standard ASTM 2001, about
working and environmental conditions in which analyzes
are conducted, with restrictions on contamination/
intercontamination of samples, as well as that for the
gun shot residues analysis is always recommended to
provide for experts also cartridge tubes, and to estimate
the shooting distance should be provided the weapon and
ammunition that has been made the shooting.
Were presented issues about the way of writing the
examination reports, the importance of interpretations/
opinions given by the expert and the importance of consulting
documentary materials, of access to specialty publications
and to online informations related to forensic science
areas, as well as issues related to Quality Management
System, which is now about to be implemented in the

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

Forensic Science Service of Spanish Civil Guard, to the


accreditation according to ISO 17025/2005.
Romanian forensic science experts have shared their
own experience in this field with the Spanish specialists.
During all days have been presented also some
practical cases, at a high level of detail, as well as models
of complex examination reports made both in areas of
training course and in other areas (eg. examination of
traces of paint, glass, soil).
Also, the Spanish experts discussed with Romanian
experts the possibilities of working and existing equipment
at the National Forensic Science Institute; they were
pleasantly surprised that the Romanian side is equipped with
advanced technical equipment (comparison microscope,
IR microscope, scanning electron microscope).
On the last day was the closing ceremony of the two
training courses, held in the Hall of the General Inspectorate
of Romanian Police from Stefan cel Mare Road, during
which were awarded diplomas to attendees. At the
closing ceremony, besides the Spanish delegation, also
participated Mr. Santiago GARCIA-NOBLEJAS, attached
internal affairs of Romania and
Mr. Major LAUREANO
Martin Velasco, attached to the Ministry of Interior for
Romania, Hungary, Slovenia and Moldova.
In an atmosphere of celebration, Romanian forensic
scientists have addressed a message to the Spanish
specialists and experts, message who reviewed the training
courses days and the events that have been partakers for
a few days:
As a result of the crime scene investigation on courses
provided by the Spanish Civil Guard officers, we found
that:
The Captain and his team gave us a week of joy,
sprinkled with microscopic particles of different physicalchemical characteristics, revealed by different methods,
with weapons, cartridges, microscopic matches and well
defined trajectories, with mixtures of explosive notions
and informations...detonated to prepare us to fight against
terrorism, but which did not victims... too many!!!

Focused shooting of knowledges shared with Forensic


scientists from Romania, collected, properly packaged
and delivered through a impeccable chain of custody,
to be capitalized in the laboratory and on the place of
the offenses, allows us to conclude with certainty the
PROFESSIONALISM of the entire Spanish team and
ENSURING a great QUALITY of the training courses,
comply with the requirements RENAR.
Seen in natural or artificial light, through the microscope,
through the telescope or even with the naked eye, at direct
contact or at distances less than 30 cm or greater than 2
m, this week strengthened our conviction that, as science
provides contacts across space and time, friendships were
tied between us will ensure a long collaboration in our
common fight for TRUTH!
Sincerely, Forensic scientists friends from Romania,
September 23, 2011, Bucharest, Romania
Finally, the Spanish Civil Guard delegation and the
two attached internal affairs thanked the Romanian
side for the organization of the courses and expressed
their availability, in the future, for the organization of
similar courses in reference areas.
The Spanish delegation made a visit to the
laboratories of National Forensic Science Institute,
where have been presented both working possibilities
and special cases that faced Romanian experts.
The two training courses certainly represented
activities with impact on our professional skills,
experiences with many challenges, conclusions,
lessons to draw and human interactions, which will help
us to develop in the future and, especially, represented
another step towards efficiency and performance for
optimum results in forensic science activity.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

915

FORENSIC TECHNICAL MEANS MANUFACTURED


BY LABORATORY IMAGING S.R.O.
FORM CZECH REPUBLIC - I
MIJLOACE TEHNICE CRIMINALISTICE
PRODUSE DE FIRMA LABORATORY IMAGING
DIN REPUBLICA CEH I
Comunicare prezentat de ctre Ing. Hana Kalabova din Republica Ceh, la Conferina
Internaional de Criminalistic din 26-27 Octombrie 2011, organizat la Bucureti.
Firma Laboratory Imaging S.R.O., cu sediul n Praga, produce de aproximativ 20 de ani
echipamente tehnice necesare laboratoarelor de criminalistic.
Aceste echipamente sunt comercializate n mai multe ri din lume, inclusiv n Romnia,
fiind foarte eficiente n activitatea desfurat de criminaliti.
Deoarece gama produselor firmei Laboratory Imaging S.R.O. este foarte variat, n
acest numr al revistei v vom prezenta numai o parte dintre aceste echipamente.
Comunication presented by Eng. Hana Kalabova from Czech Republic, at the Forensic
International Conference from 26th -27th of October 2011, organised in Bucharest.
Laboratory Imaging is located in Prague and it is a company with broad expertise in
image analysis and microscopy, developing for almost 20 years technical systems for
forensic laboratories.
These systems devices are marketed in several countries in the world, including
Romania,being very efficient in the forensic activity.
Since the companys product range is varied, in this issue we present only some of the
equipment.

Lucia Spectral
Sistemul de analiz microspectrometric i colormetric

Sistemul Lucia Spectral reprezint un microscop modular


pentru analiza urmelor criminalistice. Este creat special pentru
a oferi o variabilitate ct mai mare a sistemului microscopic
i are o interfa softweare uor de folosit. Software-ul ofer
un sistem de control i de achiziie de imagini i spectre. De
asemenea, software-ul include i un set complet de unelte
de procesare i analiza a imaginilor i a spectrelor.

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FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

Specificaii tehnice:

Spectrometrul are o rezoluie de 280nm-900nm, echipat cu


grilaj holografic concav;
Microscop dublu-port Nikon de nalt calitate;
Are un sistem modular uor de configurat;
Se poate utiliza, de asemenea, i pentru msurarea indexului
de refracie sau a fluorescenei microscopice;
Interaciune imediat ntre spectrele i imaginile aflate n
baza de date;
Configuraie pentru analiza culorilor, avnd culori i opiuni
de iluminat diferite;

Componentele sistemului:

Microscop UDM Nikon de nalt calitate, avnd iluminare


EPI i DIA;
Calculator de nalt performan, cu sistem de operare
Windows 7;
Configuraie monitor unic de 27 sau configuraie monitor
dublu de 22 sau 24;
Fotocamer color de 1.4 Mpix conectat la microscop
(avnd un adaptor C-Mount).

Opiuni:

Microscopul are un cap


mobil ce se poate nclina
pentru a lucra mai uor;
Etapa XY motorizat;
Lentilele fotocamerei
(1x, 0.7x, 0.5x);
Diverse componente
periferice ale calculatorului
(imprimant,
scanner
etc).

Lucia DocuScan

Sistemul Lucia DocuScan reprezint o soluie complet


a examinrilor criminalistice ale documentelor. Este creat
s asigure noi perspective 3D i noi posibiliti n analiza
documentelor. Sistemul Lucia DocuScan ofer zoom
instant, scanare confortabil i analiz 3D a documentelor.
Acest lucru se realizeaz mulumit conexiunii de nalt
calitate, creat special pentru hardware, calculatoare
performante i software-ul Lucia Forensic.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

917

Precizri tehnice:

Optic de cea mai nalt calitate, creat special pentru


acest sistem;
Zoomarea se face n configuraia obinuit: 72x (cu
monitor avnd mrimea pixelilor de 3.2 m/px);
Raz lung de focalizare cu motorizare precis;
Analiz instant i previzualizare rapid a scanrii;
Distana de focalizare mrit (toate imaginile
focalizate);
Scanare 3D, precum i digitizare i arhivare complet
3D a urmei;
Interfa uor de folosit i scanare automat;
Software-ul sistemului are posibilitatea de analiz a
imaginii scanate, de msurare a imaginii i, de asemenea,
are unelte de procesare a imaginii;
3 ani de garanie i 2 ani de instalare gratuit a
actualizrilor.

Documente original

Detaliile documentului scanat n 3D

Scanare i Examinare 3D

Documentul cercetat poate fi aezat pe o mas i examinat


imediat. Un compartiment mare permite scanarea unor
documente groase i voluminoase. Scanarea iniial
permite simultan o vedere de ansamblu a ntregului
document examinat. Procedura de scanare este foarte
simpl. Se pot seta mai multe zone de scanat, astfel nct
imaginile pot fi capturate n mod automat. Scanarea 3D
este o metod foarte avansat care permite vizualizarea
celor mai fine detalii n sistem 3D de pe suprafaa
documentului. Modelul 3D i textura sunt separate.

Parametrii tehnici/Descrierea sistemului

Obiectiv telecentric cu focalizare fix, avnd un contrast


excelent i rezoluie regulat distribuit;
Are ncorporat un cip senzor de imagine (CCD Charge-coupled device) de 2/3 inci, camer color de 2
Mpx (mega-pixeli) cu o conectare la calculator cu banda
de 1Gb/s (gigabii/secund) ce asigur o vitez mare de
transfer a imaginilor i un randament foarte bun semnal/
zgomot, rezultatul fiind imagini live cu contrast i cu detalii
luminoase ce sunt confortabile lucrului;
Lumina LED segmentat printr-un software care
controleaz reglrile de intensitate, precum i setarea
direciei de lumin pentru a ilumina suprafaa scanat;
Laser liniar pentru o scanare 3D ct mai precis;
Motoare controlate de ctre un joystick care ofer o
manevrabilitate fin i o focalizare precis;
Compartiment deschis pentru mostre, avnd o suprafa de expunere de 30 x 25 cm i u
lateral pentru o poziionare ct mai confortabil i scanarea documentelor voluminoase;
Calculator performant, avnd monitor LCD cu rezoluie nalt i sistem de operare Windows 7, 64 bii.

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FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

SPECIAL EVENTS AND TERRORISM


- HISTORICAL REFERENCES (VI)
- THERES NO IDEAL WORLD!
TERORISMUL I EVENIMENTE
DEOSEBITE (VI)
O LUME IDEAL NU EXIST!
Col. (R.) Vasile LPDUI
Chief Editor
Abstract
The sixth episode is a continuation of the events of December 89 from Timioara and
actions of the Ministry of Interior and Ministry of Defense units.
Key words: special command sent by Ceauescu to Timioara; generals Gue,
Stnculescu and Chiac; generals Nu and Mihalea; prosecutor Diaconescu, the actions
of demonstrators on the streets: Giroc Way, Lipovei Way, Liberty Square, Opera Square,
Market Traian, the statements of participants in events of December 1989.
Rezumat
Cel de-al aselea episod reprezint o continuare a evenimentelor din Decembrie 89
de la Timioara i aciunile organelor Ministerului de Interne i ale unitilor Ministerului
Aprrii Naionale.
Cuvinte cheie: Comandamentul special trimis de Ceauescu la Timioara; generalii
Gue, Stnculescu i Chiac; generalii Nu i Mihalea; procurorul Diaconescu; aciunile
manifestanilor pe strzile: Calea Girocului, Calea Lipovei, Piaa Libertii, Piaa Operei,
Piaa Traian; declaraiile unor participani la evenimentele din Decembrie 1989.
Bloody Sunday in Timisoara
According to the measures taken at central level, respectively
in Bucharest, on the day of 17th of December 1989, around
16:00 hours, members of the special commandment sent by
Nicolae Ceausescu, arrived in Timisoara in order to calm down
the city. A pacification made through fire and sword if needed
and it seemed that it was the case, without hesitations and
without mercy.
The arrival of the ones who took over the command shows
itself, by the small incidents which are marking it, that we are
far from being face to face with a command group with a unitary
control over the events. We are rather in the presence of
people who, sensing the possibility of things developing other
than it was foreshadowed by Ceausescu; they are thinking to
act so as to be away from consequences, regardless of the
outcome. They did it either by instinct or because they knew
something, anyway having the feeling of those who fear the
masters wrath, but also because of the immediate, close and
obvious crowd fear, able to produce spectacular twists.
Humanly speaking, those attitudes are totally understandable.
Military speaking, they are not! Because the honor represented
by uniform and rank, requires a certain dignity and possibility to
choose, excluding plaster solutions. Of course, this meant a
huge risk in those days; however, taking risks is part of the main
qualities of those who are committed to this carrier.
Thus, when Lieutenant General Constantin Nu, head of
IGM arrived at Timisoara airport, he told Colonel Ion Deheleanu,
the county police chief, that he was dismissed by Nicolae
Ceausescu. Strange way to mobilize him for future missions,
because the measure was not applied (this dismissal, no doubt,
would become effective if such events had evolved differently
and probably with much worse legal effect to the target, even
than for those resulting from the Timisoara Lot process)!
Generals Gue and Stnculescu, once arrived in Timioara,
find themselves in an embarrassing situation of being unable
to enter the garrison headquarters, who was surrounded

by demonstrators and therefore moving at the Security


headquarters, from where it was ordered by telephone to the
replacement unit Colonel Zeca the following: Bring out the
tanks, rotate the turrets and clear the area so I can come to
you!, the order was executed: Mechanized Division is brought
out on the streets together with the of Territorial Defense Division
and other units from Vnju Mare, Arad and Lipova, with a total
of about 7-8 thousand soldiers. 50 fixed and mobile devices are
being mobilized, some backed up by tanks.
After Ceausescus conference call, while General Gue
promises that he will clean up in two to three hours, the head
of the General Inspectorate of Militia, Lieutenant General
Constantin Nu, called for a meeting with senior command
at the Internal Inspectorate of Timis and with those arrived
from Bucharest, in order to support him to keep the situation
under control. Regarding to the specific issues of the police
enforcement, he said: From now on its a military job. If we go
out into the street, we do nothing but confuse them! However,
despite Ministry of Defenses (MoD) personnel intervention,
which promised to keep the order for several hours, it was failed
to stop the demonstrators and the violent demonstrations.
Under these circumstances, the situation becomes
increasingly tense, with a sense of fear rather than of serving a
mission, the gunshot victims- randomly fired- multiply. A young
man is shot at Maria Bridge; armored vehicles passing at high
speed in front of the Cathedral, are crushing the garbage trash
pins, illusory gates against cars, other two women are killed
on the bridge, which becomes, under given circumstances, the
importance of a strategic point that some are trying to keep at
any cost, while others try to overpass it, regardless of risk, as
a salvation border. However, everyone with its own mission.
Some of them, many or just a few, number does not matter, feel
inspired by the idea of sacrifice for a change, for a better life,
more beautiful, freer. Others, with trembling hands, are trying to
forget that at the end of their fired bullets trajectory are people
who might be their parents, brothers, sisters. Among these, a
few are certainly convinced by the justice of their acts, not only

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

919

as a matter of orders being carried out, but in its essence, to


defend a system. But certainly, most of those who have been
on Timisoaras streets and markets during those moments,
were dominated by fear, by death premonition that could come
from anywhere, anytime, meaningless, to transform them into
anonymous sacrifices on an altar, not knowing if it will ever be
lighted by gratitudes candles.
And finally, at that time there was a category of fighters
who defying the death assaulted the central stores, triggering
the looting. Such an example, in their honor, saving the symbol
idea image that brought them on the street in the first place,
the people of Timioara did not followed it. Instead, they are
managing to temper the entrepreneurs, although the situation
being totally confused, leave little room for moral reflections.
A fire brigades car is blocked and setted on fire. Open fire is
coming from the Military Hospital. A barricade appears on Calea
Giroc. Cars and trucks are becoming ammunition reservoirs
for manufacturing incendiary bottles whose explosions light
at ground level, while, above, the sky is wrinkled by the fired
projectiles comets. One tank is being immobilized by several
young men, blocking its running system with metal bars. The
incident forces an entire armored column to stop and being
under the threat to arson, the crew members open turrets and
leave their posts while the crowd booed. Exchanging blows are
occurring, some soldiers feel on their skin directly, the masses
anger effects. There will be no victims among them and they
will be taken outside the risk zone, under the protection of
some people who did not lost their judgment in those tension
moments, while the general wrath is unleashed upon the inert
metal masses, which lost their owners.
Unfortunately, the tanks were a huge risk, due to the large
ammunition quantities it contained, and which in case of
explosion, could have produced a veritable slaughter.
Therefore, their recovery is mandatory.
So, this operation is being carried out, this time with a
remarkable responsibility and professionalism.
Here is the declaration of one of the participants Lt. Major
Maricel Cristea, from the Mechanized Division in this regard:
Around 18.30-19.30 hours, we reached the Division
headquarters where together with Major Basil Paul we reported
to the commander. Inside the Division Commanders office were
Major General tefan and Lieutenant General Mihai Chiac.
General Gue gave the order to Major Vasile Paul to go and
to regain the five tanks at any costs, with all the means that
he has at his disposal. <<If necessary, open fire >> he said. At
around 21:00, I went on Calea Giroc, crossing Mures Street, but
could not proceed further away along the Calea Giroc because
at Lido Street intersection there were some huge panels and a
ditch blocking the road.
The commander ordered to take a defensive semicircle
stance.
On Mures Street and Calea Giroc, all around the two
armored vehicles and around us, were about 300 people who
were booing.
At one point, the crowd approached the military personnel,
and at that moment the shooting started.
Among many, a citizen never stood up and another two or
three were slightly injured.
At around 22.00, two armored vehicles came up from Mures
Street who opened fire from the distance, perpendicular to us,
and while still in motion, drove to the left on to Calea Giroc, still
shooting. In the first armored vehicle of this unit (which I later
found out that it was from Arad) was Lieutenant-Colonel Rogin.
Prior to his arrival with Arad unit, Major Basil Paul phoned to
ask for headquarters support.
I am mentioning the fact that the demonstrators found on
the scene approached the fighting personnel from a distance
of about 10 m, and they were booing and shouting slogans,
but without breaking the armored vehicle. I have noticed that
bottles or objects were flying towards the soldiers, but I cannot
tell whether the bottles were coming from the demonstrators
group or the surrounding blocks.
Before opening fire they were warned to move away and
not become aggressive, but they didnt move away, thus the

920

shooting started in that moment, being fired more into the


asphalt in order to avoid killing anyone.
The fighting personnel were composed out of approximately
30-40 soldiers and out of staff members, namely: Major Paul
and Biri, Captains Neagu, Pruneanu and Tuc, LieutenantMajor Zaizoi and Romanescu.
Rogin stopped for a minute and passed a message to Major
Paul, giving me the impression that he took the initiative, after
which he continued his activity along Calea Giroc, where the
shootings were still occuring.
But, here is the statement of an eye witness, which from
its content important conclusions can be reached on how the
action took place. We are talking about Stanca Alexandru,
residing on Amphora Street, No. 10, an automotive mechanic
at the E.C.C.T., passenger transport Department, who reported
the following:
On December 17, 1989 I was called by the chief precinct,
Alexandru Ioni, to come at the company, to guard and to
defend it ... On the way to the intersection between Calea
Lipova and Ialomita street I saw about 10 people, with crowbars,
drunk, smashing the traffic lights, shouting <<down with the
communists >>...
At around 19.30-20.00, I heard two bursts coming from an
automatic weapon. I looked over the fence into the street and
found that those who fired were soldiers, being located at the
street corner between Pasteur and Ialomita. I walked out on the
street and talked with soldiers... It was a group of 8-10 persons
and I found that they were armed with war cartridges.
Around 22.00-23.30 hours, a demonstrators column
appeared, with about 80-100 people, on Calea Lipova,
chanting <<Down with Ceausescu>>. When they reached the
intersection, an officer shouted at the soldiers << Come to me!
>>.
All soldiers, while still running, were aligned across the
street, at about one hundred meters from the intersection, and,
when the officer gave the order after discussions, he was a
Major they opened fire over demonstrators. They opened fired
while marching in. Some of the demonstrators jumped over the
fence in the Heroes Cemetery, others remained to the ground,
and some ran between Calea Lipovas blocks.
After the ceasefire, some of the demonstrators, who were
lying on the ground, got up with their hands up and were let go.
Near Ialomita streets traffic light a woman scream <<Thieves,
you killed my husband, you have opened fire on your own
brothers and parents>>.
During this time, an ambulance came and a military truck
appeared as well and took the dead I cannot specify their
number. The shooting started without any warning.
Based on the manifestations protest and on violence acts,
provocative actions occurred towards the army. Subsequently
analyzed, some of these actions lead to the preparedness
assumption and professionals presence, as follows:

blocking the driving and stretching wheel at some of


the tanks with reinforced concrete, having a diameter of 30 mm,
shaped like U, which could not be done on site or used by a
stranger to produce the effect that it had;

smashing the radio stations antennas from the fighting


techniques devices;

use of special keys, for opening additional diesel


reservoirs, and setting on fire the fuel;

making incendiary bottles (which also requires some


preparation in advance and training);

presence of large quantities of ball bearings, used for


remote fighting against the order personnel.
Here is Corporal Nicu Marians statement, at that time being
an active soldier at Lugoj Military Unit 01140, participating in
events:
On 17th of December 1989, between 20.00-21.00 hours,
we received orders to go to Timisoara with war ammunitions...
When we arrived there I was taken to Oituz garrison. While
entering Timisoara we heard the shooting, especially in the
town center.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

At 23.00, we boarded in several cars and we went on


Ialomita Street, one platoon under the command of Captain
Ceriu and another under the command of Lieutenant-Major
Manolache.
We arrived on Ialomita Street and we were told that we will
be organized in groups of 4. We were assigned at the end of
each street, and together with soldiers Mocanu, Necula and
Vulpe we have been the first group of shooters. When we were
ready on positions, Lieutenant -Major Manolache explained that
during the night groups of protesters might appear, shouting
anti-communism slogans. He reminded us what he said at
Timisoaras entrance, explaining that everything should be
done according to the law and only in special, critical cases, if
we are under attack or if the protesters attack us, to open fire
on the feet, if possible (Note if possible).
At 01.00-02.00, while being on duty, I saw that on Calea
Lipova cutted flags appear and I realized that they can only be
demonstrators. Indeed, there was a group of 100-150 people
coming towards Calea Lipova.
By the time they noticed us, the demonstrators started to
shout anti-communism slogans while three of them turned to
us. When I saw this, all four of us warned them: <<Freeze>>,
then <<Hold right there>> after << Hold or Ill shoot>>. The
three young men who were heading towards us didnt react
to our warnings. After the order Hold or Ill shoot all four
soldiers shoot a vertical warning fire. At that time, from the
demonstrators column other young people advanced towards
us. When the first three young men approached at 10 m from
us, along with three other soldiers, I opened fire towards their
legs. Since then, the group of demonstrators began to disperse
towards Calea Lipova, shouting the same slogans.
I am mentioning the fact that when I fired a warning shot in
the air, captain Ceriu was coming and shooting from behind
us with a platoon of soldiers with red collars. When he came
near us we ceased fire. It is true that when we first fired we didnt
receive any orders, doing so in order to defend our integrity.
Following the tragedy we have seen that two dead were in
front of us.
It is obvious that after the gunfire a number wounded
resulted. Similar content statements were given by several
military and units personnel belonging to MoD, who acted in
Timisoara. Based on those statements, the circumstances in
which the death or injury among some demonstrators occurred
can be reconstructed. But what did the units personnel of the
Ministry of Interior doing on 17th of December 1989?
It is interesting to note the fact that although the two
ministers, respectively the National Defense and Interior,
as well as the head of the State Security Department, were
firmly engaged during the CPEx. meeting, that they will carry
out the orders precisely, therefore, only General Vasile Milea
took immediate measures, even on December 17, arming the
military personnel with war ammunitions.
At the Interior Ministry units, during that day, there were no
orders for arming the military personnel, this measure being
taken in Timisoara only in the morning of 18th of December
1989, although over there, the command staff which was sent
from Bucharest knew about Ceausescus orders. Moreover,
General Nu, head of the General Inspectorate of Militia, which
was probably better informed, understood that he was facing a
revolution, therefore withdrewing the militia personnel inside the
unit. In the city only remained the personnel who was guarding
some specific targets (bank, CEC, the County Party Committee
headquarters, parsonage, etc.), as well as the general security
common locations, served by the law enforcement agents,
armed with Carpai pistols, 7.65 mm caliber and the respective
ammunition (12 cartridges), accompanied by security forces
troops, dressed in militia uniforms.
Regarding this ... clothing aspect, it should be noted that,
according to the ministry, military units and security subunits
troops, the personnel assigned for patrolling activities and law
enforcement, together with militia enforcement, were wearing,
always, their uniform, therefore it is not an ad-hoc measure
determined by special conditions from December 1989. This
procedure otherwise commonly used before 1949 while
conducting joint police and gendarmerie actions we find it

today in most European countries in which the two types of


structures to ensure the public order are operating.
On 17th of December 1989, at around 13.30, combined
troops, consisting of militia personnel, firefighters, defense
military and border troops, led by Major General Velicu Mihalea,
without being equipped with war ammunitions, operated at the
county party committee (which, in fact, they could not defend).
Violent elements burst over the firefighters and border troops
trucks, smashed their windshields and cut their tires, threw
incendiary bottles inside cabins and inside places where they
kept their accessories.
Under these conditions, four firefighters trucks and border
troops cars were destroyed, being arson. The staff and soldiers
were subjected to mass violence coming from demonstrators,
fact that determined the personnel to leave troops and for the
unit belonging to MoD to intervene, in order to restore the
order.
Military personnel from the security forces, while serving
their duties, without war ammunitions, made available to the
Interior County Inspectorate, was used in turn to guard its
offices, the county party committee, the prison, the Radio-TV
Department, RONAT deposit, and to achieve a blockade near
the reformed Church and to establish joint patrols in Calea
Buzias, Calea Giroc and Circumvoluiunii District.
During the violent demonstrations, on the evening of 17th
of December 1989, a militia officer was disarmed, while he was
posted to guard the C.E.C., as well as a driver from the security
department.
And demonstrations, as well as the violent actions continued
throughout the night.
By the morning of 18th of December 1989, numerous local
shop windows have been smashed, large quantities of goods
and values were removed, cars and shops have been torched.
At dawn, the beautiful city on Bega River was unrecognizable,
with a sinister aspect.
According to statistics compiled by some economic units,
resulted that at I.C.S. Public Food Timisoara 31 units were
destroyed (restaurants, bakeries, pubs, bars, laboratories,
etc..), causing a damage of hundreds of million lei, and at I.C.S.
Food Store 40 shops were destroyed, from where goods were
stolen worth 1.855 million lei! Also in the same day and during
the night, home appliances products, clothing, footwear, jewelry,
furs shops were ransacked and even pharmacies.
Common law offenders participated in breaking stores
windows, not to amplify the revolutionary event goal, but simply
to steal significant amounts of goods.
Militia authorities identified and arrested some of those violent
elements and prepared their prosecution files. Unfortunately,
the documents drawn up, proving the guilt of those involved,
were destroyed on 22nd of December 1989 by those who
forced their way into the county militia headquarters.
After these events, the investigation was resumed, resulting
with peoples identification and prosecution, who were guilty of
stealing goods from shops. Thus: Gapar Elena, from Timioara,
at 11th of June 1990, was sentenced to 10 months imprisonment
because during the evening of 17th of December 1989, she stole
clothing items from several stores, worth of 6509 lei; Ignat Vasile
and Clin Lucian, both from Timioara, by the Timisoara Court
sentence from 15.10.1990, were each sentenced to 10 months
imprisonment for the fact that on the night of 17.12.1989, they
stole from a store two televisions, a stereo, a pick-up, a radio,
etc; Kovacs Dumitru, from Timioara, was sentenced on July 9,
1990 at 1 year and two months imprisonment for the fact that
during the night of 17/18 December 1989, entered inside the
ICSMIT clothing store located at Traian Square, where he stole
five jackets, 2 coats, 2 ladies suits and other clothing items.
Following the destruction and devastation to all business
units in Timisoara, on 18th of December 1989, Lieutenant
General Constantin Nu ordered Major General Velicu Mihalea
and Colonel Ion Deheleanu to compile a security personnel in
the main shopping areas in town, with the mission to intervene
in case of devastation and to guard goods to be found inside
those units, whose windows and doors were broken.
In this regard, eight law enforcement troops were set up,
composed of militia officers and NCOs, accompanied by security

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

921

forces troops, of which seven were located in areas where the


greatest damage was produced and where some business
units continued to burn, and one, for the law enforcement, at the
County Hospital, where killed or injured people were brought
during the street conflicts.
The military personnel who constituted this law enforcement
troop operated in shifts and were called back to the unit in the
afternoon of December 19, 1989.
On 18th of December 1989, at around 15.45, from Maria
Square, a group of young men started again the demonstrations,
ignoring the military troops equipped with armored cars, which
were in the street.
In addition to the fighting means used by MoD units, on
December 17, 1989, tear substances grenades are brought
especially by plane from Sibiu, which were taken by Lieutenant
General Michael Chiac.
Gradually, the manifestation increased, people chanted
slogans We are the people, Down with Ceausescu. The
demonstrators group turned into an impressive mass and
installed themselves on the Cathedral platform, with lighted
candles in their hand. This was Timisoaras concrete answer
to the necessity state which was declared in Bucharest,
forbidding circulation in groups larger than three people on the
streets.
Facing this fact, the MoD units troops had to act, although
during the morning of 18.12.1989, the Mechanized Division
reported to the county party committee that, in general, the
situation is under control!?
Regarding on how the action took place under these
circumstances many soldiers testified, being on duty at that
time. Thus, Corporal Ctlin Marin, from the Military Unit 01233
(MoD), facing Timisoara research committee, on 14.03.1990,
declared the following:
I was posted in front the cathedral on 12.18.1989, when
an <<Aro>> type car came, from which a general got off (I later
learned that it was General Chiac) accompanied by two civilians
dressed in black suits. The general had a machine pistol, which
he kept by the groove. He came when the demonstrations
on cathedrals steps took an increasing scale. The crowd
demonstrated with lighted candles, shouting <<The army is with
us>>, <<We are the people>>, <<Down with Ceausescu>>.
The general walked and smiled ironically. I can say that for
sure, because I was very close to him. When Mr. General
said: << These scoundrels need a revolution? We will show
them revolution! >>. And he opened fire towards the cathedral.
Then, the crowd stepped back inside the cathedral, screaming.
Cries were heard, such as <<murderers>>, <<criminals>> and
someone shouted <<call an ambulance>> (I think they were
talking about an ambulance), probably there were victims, as
well...That armored tank went directly into the crowd there. I do
not know how many victims were. Then the tank veered left on
a street, not before throwing smoking grenades into the crowd,
or with something which I do not know what they were, but
they blew out loudly and smoky. A big mess formed there. The
General seemed to be very satisfied with these operations, for
I have heard him saying: <<Well done for this line>>... I failed
to mention the fact, but I will do it now, that the General was
annoyed when, after he fired, the crowd entered the cathedral,
and a few scared and courageless young people flee the scene.
Then he screamed why nobody took any measures to surround
the cathedral, so that one cannot escape.
Sergeant George Blnaru from M.U. 05543 (MoD) Timisoara,
on 19.03.1990, being heard by the research committee,
declared the following:
On 18.12.1989, I received an order to go in the guardian
sector, along with Major Petru Boldi, to guard the car which
was used as mean of transportation to the unit personnel, with
four other soldiers. We arrived at the unit personnel at around
15.00-15.30 and we stayed near the car to guard it because
many cars were destroyed, as well from the fire department
and the MoD.
After dark, more people gathered on cathedral steps chanting
anti-communism slogans and singing Wake up Romanian ...
After about half an hour they have started to mobilize the unit

922

personnel. Military personnel who were blocking the passage


to the Municipal Committee were withdrawn until Timis
restaurants corner, while armored tanks began to move to the
bridge, during which, from the tanks, they threw firecrackers in
the park and then and towards the Cathedral, on the side. After
the spreading attempt occurred, the demonstrators returned to
the same place, and from one armored tank they started to
open warning fire. Major Petru Boldi, which was resting on a
car (cabin), because he didnt sleep the night before, jumped
and tried to run to the cathedral, but he came back and sat
together with me during the shooting. About five civilians with
machine guns appeared in the alley outside the cathedral, one
of them was dressed with an anti-terrorist costume, probably a
spear from the Municipal Committee. Of all present, I identified
former captain Mia by his name, who, together with LieutenantColonel Stroe was patrolling throughout the county inspectorate
MI staff, which together with soldiers from our unit guarded the
stores and also restored the order.
After the shooting, someone from cathedral steps called an
ambulance that someone is wounded inside.
While I was near the car, a civilian, telling me that he is a
captain, asked me to help him go to the military hospital because
he was shot in the leg while he was in the tram station.
I escorted him in front the Opera House. On my way back
to the car I saw a general in front of the Cathedral giving orders
to the entire military personnel, while the military troops in front
of the cathedral were lined up from where the bridge starts until
the end of the park to Express were they received orders and
fire a warning shot towards the park, during which they arrested
some people who could be caught and brought before the
Express, where they were forced to lie face down. Of those
who were brought there, one had two nets with bread and other
food items. A civil citizen let him go after he was inspected and
saw that he is a guardian. General Chiac (I later learned that
this was his name) called to be brought back and to see what is
with him. These people were taken to the prison with a yellow
<<Aro>> and a military car.
The violent manifestations continued on Timisoaras streets
and the in the days between 19th to 21st of December 1989,
and the death toll began to fall. Thus, to December 17, 1989, on
the next day there were seven killed and seventeen wounded,
December 19 - two dead and six wounded, on December 20.
Thus, as opposed to 17th of December, 1989, the next day
seven dead and seventeen wounded were registered, on 19th
of December - two dead and six wounded, on 20th of December
- one dead and four wounded, and on 21st of December - only
three wounded.
From the information supplied by investigation authority is
resulted that, in Timisoara, from 17 to 21st of December 1989,
376 casualties were registered, dead and wounded both among
demonstrators and the law enforcement troops.
From the first category 73 people died, of which 72 due to
gunshot wounds and one due to a vehicle collision.
Of the total victims, 306 were men and 70 women, 313
residing in Timisoara, and 56 in other parts of the country. A
total of seven victims remained unidentified.
As regards their occupation, 185 were workers, 24 pupils, 13
soldiers, 12 retired, 9 public servants, 7 students, 6 housewives,
3 engineers, 2 doctors, 1 teacher, 1 preschool minor and 113
unemployed (this could not be determined). In terms of age:
133 were between 15 and 25 years, 120 between 25 and 35
years, 81 between 35 and 45 years, 34 over 45 years and 8 up
to 15 years.
Among victims, 30 were shot in the head, 55 in the chest,
38 in the abdomen, 46 in the upper limbs and 153 in the lower
limbs, and 8 in other body areas.
46 victims were injured being hit with blunt objects or have
suffered injuries from various vehicles impact.
Based on the locations, sectors or headquarters where
victims were registered, the victims are grouped as follows: 48
at the Cathedral, 47 on Calea Giroc, 37 at Opera Square, 34 on
Decebal Bridge, 31 on Calea Lipova, 21 at Liberty Square, 20
at the County Council, 14 at Traian Square, 10 on Calea Arad
and 69 elsewhere.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

In a number of 43 cases, the investigation could not


establish the shooting placement of the victims, and in two
cases the victims were hit by stray bullets while they were in
their homes.
Regarding the circumstances in which 367 people become
victims of Timisoaras actions, the Local Military Prosecutor
Office conducted a series of investigations whose result was
successively published in late 1994.
From 16th to 22nd of December 1989, in Timisoara, some
specialized authority, belonging to the Ministry of National
Defense security bodies and units, conducted intelligence and
identification activities of the demonstrators in the locations
where the manifestations took place.
And, to complete the whole picture, we bring back in the
readers attention the fact that the Senate Committee Report
for December investigations, established in 1991, which shows
that, on the morning of 18th of December 1989, by the order of
Chief of Staff, the Investigation Department sent in Timisoara
an investigation detachment unit from Buzau 01171 MU.
The detachment was composed of 17 staff members and 24
soldiers, equipped in civil clothes, having the task to investigate
the situation in Timisoara and its surrounding area, in order to
gather continuous and real intelligence from the operative unit
sent by the Ministry of Defense.
The detachment reached the area at around 09.00 and
worked until 22.12.1989, when they received an order to
move at Bucharest garrison. It was perfectly normal for these
staff members in order to carry out its tasks, to work under
covered, to use civilian clothing, cars without identifying marks,
transmission systems etc.

Thus, as resulting from some available information, we are


aware that an officer from UM 01955 Timisoara, receiving an
order, stamped the circulation numbers as belonging to Alba
County (AB) in order to be used at some military vehicles.
How the staff members acted and what kind of activities
developed in Timisoaras hot spots, we cannot pronounce nor
contest the facts presented in the military prosecutors report
regarding the patrols that used the encoded name ZET.
We must highlight the fact that the encoded name ZET
first appears in Ion Dincs statement at the CPEx law suit,
when, without specifications, it was referred to the existence
of a plan developed by Nicolae Ceausescu, called the action
ZET-ZET .
The existence of this plan was confirmed two years ago by
one of the main newspapers, which published in its pages and
from its content showing the measures to be taken in case of
extreme necessity, in order to protect the state leader.
As a possible link between the sign ZET, which is
referenced, in the military prosecutors report, and the encoded
name ZET-ZET of the Presidents defense plan, we believe
that every assumption is - based on current information - risky.
- Will continue Bibliography:
Col. (R.) Vasile Lpdui, prof. Vladimir Alexandrescu, col.
Ion Constantin, Brigadier General (r.) Marin Lazr, Division
General Ion Pitulescu Six days that shocked Romania
Ministry of Interior in December 1989 Pleading for history
vol.I, Bucharest, 1995.

THE ROLE OF MULTIDISCIPLINARY ANALYSIS


OF ALL DATA IN THE VIEW OF IDENTIFICATION
OF THE AUTHORS OF THE VIOLENCE COMPLEX FACTS
ROLUL ANALIZEI MULTIDISCIPLINARE A TUTUROR
DATELOR N VEDEREA IDENTIFICRII AUTORILOR DE
FAPTE COMPLEXE CU VIOLEN
Chief Commissary Remus SCROB, Timi C.P.I.
Police Inspector Mihaela ANDRA, Timi C.P.I.
Abstract
Crime scene investigation, as activity for each forensic specialist, is an important test,
which requires professional competence, ethics-moral structure and complexitz, while
personality, as a whole and individual psychological potential, plays in this respect, a
decisive role.
Team research involves the get together of knowledge, skills and experience of some
specialists in complete and operational exploiting of the data regarding the crime committed,
in order to find out the truth. In complex and varied situations that research implies, the
team activity must rely on cooperation, mutual information exchange, work and colleaguelike spirit, as well as stiking to own competencies.
Identifying the author cannot be at hazard, but the result of a complex, constructive work,
and proving the guilt can be done only on basis of real acknowledgement and document
registered, which constantly offers all the procedural guarantees of the parts, avoiding this
way the possibility of error.
Key words: Identifying the author, author, crime scene investigation.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

923

Rezumat
Investigarea locului faptei, ca obiect de activitate pentru fiecare specialist, este un test
important care solicit competen, structur etic i complexitate, iar personalitatea ca un
ntreg i potenialul psihologic individual joac, n acest sens, un rol decisiv.
Cercetarea n echip presupune concentrarea cunotinelor, a priceperii i a experienei
unor specialiti n valorificarea complet i operativ a datelor despre fapta comis, n scopul
aflrii adevrului. n situaiile complexe i variate pe care le implic cercetarea, activitatea
echipei trebuie s se caracterizeze prin colaborare, schimb reciproc de informaii, munc i
spirit colegial, ct i prin nedepirea competenelor.
Identificarea autorului nu poate fi opera hazardului, ci a unei munci complexe,
constructive, iar demonstrarea vinoviei se poate face numai pe baza unor constatri
reale i consemnate n acte, ce ofer permanent toate garaniile procesuale prilor, evitnd
posibilitatea erorii.
Cuvinte cheie: identificarea autorului, autorul, investigarea la faa locului.
I. Introduction
The high level of crimes that affect the citizen in
his everyday existence can be combated only with
a response from the society through its specialized
agencies; response that has to be prompt, thorough
and appropriate to each situation.
Offences committed by violence present a particular
seriousness compared to other antisocial acts, because they
trigger immediate physical consequences to the victim and
also further trauma. Due to the destructive and irreparable
results entailed, as well as the potential dangers posed by
aggressive personalities of the perpetrators, by an often
deformed diffusion through media, acts of great violence
seriously disturb psychosocial equilibrium, which requires
special attention to restore the sense of public safety and
tranquility for citizens.
Activities related to solving the cases are preceded
by a laborious activity for gathering evidence, clarifying
the circumstances in which the offense was committed,
identifying the authors and also the victim.
Forensic contribution to solving criminal cases and thus
to identifying the authors is shown on three planes that are
in an obvious link: technical, tactical and methodological
planes.
During crime scene investigation, murder offenses require
special efforts by prosecutors, forensic specialists and
police investigators in order to clarify the circumstances and
the specific ways in which authors have acted. Determining
how the suppression of life took place is possible using
the comprehensive data collected during the technical and
scientific criminal investigation and by scientific exploitation
of the traces and material means of evidence discovered
on site.
Deviant human behaviors are considering aggressive
attitudes, characterized by use of force in interpersonal
relations. Aggression occurs when an individual is unable to
satisfy his desires and manifests itself through a violent and
destructive behavior.
The way the act is committed will be the measure of
the degree of gained aggressiveness of the place that the
aggression subject occupies in the hierarchy of private
values and the actual generation of the frustrating situation.
Empowering the act nor can be censored, nor delayed,
because the psychopath has no internal ethical censure; for
him the notion of life is unique, unrepeatable, a concept that
is foreign, strange and imposed by social and educational
conveniences.
The act is conducted on terms dictated by the
temperamental structure, degree of training, circumstances
and it leads to a state of perfect relief, release from the yoke

924

of terrorizing compulsion. The offender feels liberated by


living this perfect release through organic and psychological
comfort; he is not foreseeing the consequences and is not
assigning a negative meaning to the act from a human and
social perspective.
In most cases, the crime scene is a rich source of clues
for the investigators who could mentally reconstruct the
whole dynamic of the offense, establish time and location
conditions, certain clues regarding the people who have
participated or even identifying those responsible.
II. The multidisciplinary data examination in the case
of a murder investigation
1. The crime scene and the data analysis
The many possibilities for sampling, fixing and picking
up traces and means of evidence are offered by the crime
scene.
The murder scientific investigation showed a grid of
requirements that need answers:
What happened at the crime scene and what are the
reasons for committing murder?
Was the murder committed in the place where the body
was found?
Who is killed?
When was the murder committed?
How was the murder committed?
Did the murderer took measures to conceal the murder
and what are these measures?
Was the murder committed by one person or more?
What are the murderers doorways at the crime scene,
how they left the crime scene, how long they stayed there
and what are the actions they have committed?
Who is the offender?
What are the positive experiences and limits of scientific
investigation resulted from solving the case?
Team research includes the concentration of specialists
knowledge, skill and experience in the full and rapid data
recovery of the act committed in order to inquire the truth.
Because of its nature, the murder investigation
requires the development of complex judicial and scientific
investigations, coordinated by the prosecutor who is assisted
by police officers in the forensic criminal police service.
During the complex and varied situations that involves a
murder investigation, the team activity must be characterized
by cooperation, information exchange, work and collegial
spirit, and also by not exceeding the skills.
No matter the traumatic ways, the murder is a complex
nosological entity, where the collaboration between the
investigator and the coroner, the correctness of the necropsy,
the exhaustion of all effective complementary laboratory
examinations and the efficiency of these examinations are

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

considered as being on the first plan.


Since the members of the investigation team are being
told about the committing of a murder, they all become
totally responsible for the carrying out in the best conditions
of some primary activities for the further author identification:
the emergency transport made in all conditions, the qualified
and competent crime scene investigation , the finding, fixing,
picking up and preserving of traces, the development of
hypotheses and versions, the investigations outbreaks and
hearings using the first clues and traces.
The coroner investigates the medical aspects of the
cause and nature of death, the causal link between the action
and its consequences. There is always an interdependence
objectively imposed by the need of finding the truth, in
which compete two border sciences - forensics science
and legal medicine. In a spontaneously way, each of the
teams components make a kind of full interpretation of the
crime scene and even on the tracks that are fragmented,
subjective and dependent to the individual specialization.
The complete interpretation of the traces is the forensic
one, made by a specialist or forensic expert who is under
the command of the investigation team head. The disposal
of the interpretation and the correct arrangement of the
questions that need to be answered by the forensic expert
is made by a motivated resolution. This aspect is outlined in
the static phase, when some assumptions about the nature
of the offense, the modus operandi, the time of the offense
and the people that could have committed were already
issued. At this stage it also appear the first questions about
the circumstances in which the events were scrolled.
At the crime scene of a murder, the forensic officer
will examine the scene with dual purpose: the complete
documentation of the events, through photos or video
footage of the crime scene, but also the ensure that there
was conducted a careful and complete research for any
detail that could provide a clue about the murder or the
murderers identity, by identifying and picking up evidence.
The activity of picking up all evidence and material means
of evidence, the technical-scientific report carried out later
are decisive activities for the administration of evidence in
order to find out the truth, to form a certain belief and prove
the murderer guilt.
Psychologically speaking, the crime scene investigation
is regarded as an activity that takes place in conditions of
high stress, the presence of other people near the area of
investigation could only boost it and decrease the ability of
observation and attention of the team members.
The complex team can demonstrate its effectiveness
only if that each component achieves its prerogatives,
any duplication or addition to what should be executed
being considered as a factor of disturbance for another
segment, the final result being compromised. Early stage,
the mobilization is ordered under the pressure of the
event, when virtually there is no known of the investigation
perspective, of large herds, which have no responsibilities in
the crime scene investigation and, usually, are put on hold.
In this way, the events that are some way special become
demonstrations of force, when cars, policemen, public,
journalists with cameras or video cameras are concerned
in the crime scene investigation, each seeking to give
themselves a use, in absence of an overall coordination. Its
time for the working hypotheses, the assumptions on what
they think they see, of personal researches without finality
and rumors.
The team activity, where each component perform its
tasks accurately, and the general atmosphere of discipline,
reflected to the public, will create the impression that the
situation is properly managed and the implications or
consequences of the event are under control.

2. The role of the complex team in the investigation


The investigation phase involves conducting the research
of the facts by a complex team, ensuring timeliness, careful,
qualified and complete research of the crime scene, the
entire planning of the prosecution activities, the precisely
determination of the crime constituent elements, ensuring
continuity in the prosecution activities, conducting the
research in strict accordance with the criminal procedure law
and with the consistent application of the most appropriate
techno-scientific methods and methodological forensic
rules, throughout the entire development of the penal trial .
In the complex cases, the research team consists of
prosecutor or a police official, the criminal investigation
bodies, forensic experts, coroner and, depending on the
situation, an anthropologist, firefighter or tracking dogs.
In theory and practice we distinguish between two
phases of the crime scene investigation, namely one static
and one dynamic.
The dynamic phase is the most important stage of the
crime scene investigation, which is practically unrepeatable,
so the whole team should be responsible, respecting the
basic rules.
The activities included in the prosecution plan for acts
of violent death are: crime scene investigation, examining
the corpse, hearing of the witnesses and suspects, conduct
searches and reconstruction activities, arrangement of
expertise, searching and catching of the criminal.
The first step is finding and fixing the crime traces and
the offender, establishing the offense and its circumstances,
collecting data about the victim, setting the potential
witnesses.
The quality of the crime scene investigation will be reduced
by not strictly respect the attributions, by substitution of the
forensic specialists with other present persons or who are
simply entering the area of interest without any justification.
This type of events goes beyond the routine and usually
attracts a large audience at the crime scene that will see
the actions taken by those authorized by law to conduct the
research and comment on what happened, according to
each level of knowledge.
Since those persons cant not be totally removed, the
prosecution officer will remove them to a distance that allows
a good freedom of action for the forensic specialists and for
the other designated participants. This removal and keeping
away is valid for all those unnamed to operate activities at
the crime scene, regardless of the quality they have.
The subsequent step is the acquisition and materialization
of knowledge about the alleged offender; then it occurs
the elaboration and inspection of the particular versions
regarding his personality and the reasons for committing the
offense, specifying the data about the stolen values from
the victim, the expertise of the objects and other material
evidence removed from the crime scene, the use of criminal
records in order to verify all traces and the offender, the
establishment of the criminal investigation body interaction
with the operative subdivisions of investigation.
In the prosecution phase of the suspect, there are
conducted diverse and complex procedural actions,
appropriate to the character and tasks of the research, until
there are enough data about the guilt of the suspect, the
accused, or evidence indicating his innocence and prove
the nature and size of the damage caused by committing
the crime.
The prosecution phase pursues gathering the necessary
evidence regarding the existence of the offense, identifying
the perpetrator / perpetrators and establishing the liability
in order to determine whether it is appropriate to have the
indictment.

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925

This activity is important for the prosecution bodies


who, based on the evidence gathered, provides a direct
and complete image of the accused persons. The image
should be taken on the individuals identity, on the standing
that person has, in the sense that the perpetrators can be
authors, coauthors, instigators or accomplices.
The closing stage of the investigation is completed with
the establishment of the accused person characteristic, the
reason for committing the crime, the proof of gender and
size of the damage caused by committing the crime.
To achieve a comprehensive analysis of the criminal
act is important to consider both the offenders personality
and how it is reflected in its preparation and commission of
the criminal act. The offender is currently centered on the
present time, on the immediate satisfaction of his pulsional,
animal trends, because the activation value of the process
for assessing of consequences on short-term is higher than
the one of assessing the consequences on a long-term.
This is because criminals have a common way of thinking
in relation to the offense, namely to decline the evaluation of
the negative consequences that their actions could have, as
well as the awareness of the fact that they could be caught.
The modus operandi of the offender in cases of
violent crime usually loom from the first phase of the
investigations.
3. Information management to identify the author /
authors
The way seen facts are presented acquires a special
significance in managing the situation. Thus, sometimes
media representatives get to the crime scene before the
research team, by means known only to them.
The media will want to be informed on the event itself, but
also on perspective measures and of course, the authorized
person to make an initial press statement is the one present
with the highest hierarchical position; the declaration being
his own variant, an assessment which is supported by his
professional experience and not by objective data resulted
from the research.
Then at the crime scene arrive others personalities,
whose presence amplifies the situation, raising the level of
seriousness of the event. They will be surveyed regarding
to the situation and, in the same information condition as
the first approached by the media, will provide the public
with their own version, which will be the same or different
than the first.
The situation becomes critical when the evidence
discovered or other details related to the research are made
public, especially through television and newspapers; they
will have undesirable effects to the research. Providing hot
information before being in possession of all necessary data
to formulate conclusions is an act of misinforming public
opinion, which usually will have no effect on who makes it,
but rather on those who are to be mobilized in solving the
case.
The televised presentation of the case is reporting
information that shouldnt be available to the public, less
to unidentified or uncaught perpetrators; furthermore are
thrown away other leads that sometimes were not taken into
consideration by those charged with solving the case.
Public presentation of an event should be done only
after we have all the data on that situation and has been
determined what shall be published and which are the
information currently not available for publicity.
On such events media representatives put a very high
pressure on the prosecution. They must rein their desire
to explain and demonstrate that the situation is controlled,
since such situations can be pitfalls that are very difficult to
come out.

926

4. General atmosphere while solving the case


To increase the likelihood of solving the case, an
intervention on the crime scene investigation team is
needed. The composition of the team for so-called routine
events is not always suited for special situations. Once the
professionalism of those that will be involved in the case and
logistics are assured, there are prerequisites for a positive
result.
There is an element which, although subjective, can
influence activities, namely the general atmosphere in which
they run. In these situations which are characterized by high
levels of stress will be taken into consideration the removal
of other situations that may increase the existing initial
stress. Crisis can not be removed, but can be managed and
decisions taken in this regard will be a sequence in time,
must be fairly and expeditiously, taking into account the
available time and the necessity that things need to start
quickly and in a direction corresponding to the situation.
In terms of theoretical succession decisions can be taken
in the areas shown, but each event brings new elements of
surprise, which cant be taken into account and make it a
new case, personalizing it.
Analysis each preceding situation solved and reporting
errors or imperfections may contribute to a better benefit in
managing cases. Crime scene research, listening to people
and other prosecution activities are conducted by specialists
of the institution and must be coordinated for the purpose
of ensuring the necessary conditions for achieving their
purpose. With the media, case information management
activity is the reflection of internal activities carried out to the
general public, furthermore the way the submission is put
out is very important for the institution image.
Making a collaboration between team members is
of paramount importance. This cooperation should be
permanent, since the first moment when the team is built
and throughout the prosecution. The research team involves
activities that are solved by all members, being led by the
prosecutor, which, according to the law, is mandatory to be
present in such cases.
Truth can not be achieved without the support of science,
forensics, legal-medicine and other sciences which are the
core of the investigation work.
The research in investigation of crimes against life is
not only about records, hypotheses, assumptions, but also
scientific demonstrations resulting from a wide conjunction,
yet logical, of all evidence that demonstrate the subjective
or objective side of the offense.
Identifying the author can not be the work of hazard,
but a complex work and construction, furthermore the
demonstration of guilt can only be based on actual findings
and recorded documents, legal agreements, offering
permanent guarantees to all parties, avoiding the possibility
of error.
REFERENCES
1. Bu, I., Psihologie judiciar, Ed.Presa Universitar
Clujean, 1997.
2. Butoi, T.B., Criminologie-comportamente criminale,
Ed.Solaris Print, Bucureti, 2009.
3. Conf.univ.dr. Gheorghe Golumbenco, Criminalistica,
R.Moldova-2008.
4.Ionescu, L., Sandu, D., Identificarea criminalistic,
Ed.tiinific, Bucureti, 1992.
5. Marin, M., ru, G., Aspecte psihologice legate de
activitatea echipei de cercetare a locului faptei n cazul
infraciunii de omor, Volum: Investigarea criminalistic a locului
faptei, Ed.S.C. Little Star S.A., Bucureti, 2004, p.377.
6. Pletea, C., Valorificarea probei tiinifice n aflarea
adevrului, Bucureti, 1999.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

THE VERIFICATION OF FORGERY WRITS


AND PROCEDURE IN CASE OF THE EVIDENCE
ADMINISTRATION THROUGH WRITS
VERIFICAREA DE SCRIPTE I PROCEDURA FALSULUI N
CAZUL ADMINISTRRII PROBEI PRIN NSCRISURI
University Lecturer George Mgureanu, Ph.D.
University Professor Florea MGUREANU, PH. D.
Romanian-American University, Romania

Abstract
The guilt or innocence of an investigated person or the existence or not of a subjective
right, cannot be proved without basing our decision on proofs and means of evidence,
otherwise it is probably that we may pronounce a wrong decision, which may break the
human rights and freedoms.
Among the evidence proposed and administered in the criminal trial or the civil suit,
the writs are rather frequent because of the presumptionof authenticity, especially for the
preconstituted evidence.
However, it is likely that by administering the evidence by writs, there may arise
conflicts, the writs or signatures may be contested by the opposing people, when the judge
may perform the writs verification or, accordingly, stipulate that an expertise should be
performed to establish the person who wrote or signed the document mentioned as a
means of evidence.
Key words: Forgery procedure, writs verification, writs, authentic writs, writs under
private signature, preconstituted writs.
Rezumat
Vinovia sau nevinovia unei persoane investigate ori existena sau inexistena unui
drept subiectiv nu poate fi dovedit fr a avea la baz probe i mijloace de prob, n
caz contrar, probabil vom pronuna o decizie greit, care va nclca drepturile omului i
libertile sale.
Printre elementele de prob propuse i administrate n procesul penal sau civil,
nscrisurilor sunt destul de frecvente din cauza prezumiei de autenticitate, n special pentru
elementele de prob preconstituite.
Cu toate acestea, este probabil ca administrarea probelor cu nscrisuri s creeze
dispute cu privire la autenticitatea nscrisurilor sau a semnturilor; n acest caz, judectorul
va proceda la verificarea nscrisurilor sau va dispune efectuarea unei expertize pentru a se
stabili persoana care a scris sau a semnat documentul menionat ca mijloc de prob.
Cuvinte cheie: procedura de falsificare, verificarea nscrisurilor, nscrisuri, nscrisuri
autentice, nscrisuri sub semntur privat, nscrisuri preconstituite.

The accomplishment of justice in a lawful state


is a topic of current interest to all bodies or persons
involved in it judges, prosecutors, lawyers, bailiffs,
etc., the guarantee being the proper probation system.
Evidence, whether we refer to documents, expert reports,
witness statements, on-site investigation, confessions, is an
important factor in the work of distribution of justice, since,
without evidence, the judgment is impossible1.
Literature shows that evidence represents the means
assuring the realization of ones rights2 , as it consists of
knowledge helping the court to find out the truth. Each new

circumstance represents a new element in the process


of knowledge, gradual approach to the truth, up to its full
disclosure.
Our current probation system and the regulation of
the new Codes of criminal and civil procedures, where
evidence is regulated, do not allow a hierarchy of evidence,
formal proofs are abolished, whose probative value was
predetermined by law.
A document is considered by the legal literature as any
statement about a deed or legal act done by handwriting,
by typing or by computer, lithography, printing or otherwise,
with any letters or signs of writing or by making other
conventional signs on paper or any other material.

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The documentary evidence is important because it is


preserved in time and its probation value does not decrease
with time.
When the document is predetermined in nature, made in
order to be used as evidence and not drafted for the needs
of the case, it enjoys objectivity and leads to increased
the importance, as the document is usually honest and
accurate, made before the occurrence of the dispute.
Witnesses may be deceived by their memory, corrupted by
the parties or forced by violence to testify in the behalf of
one of the parties. They can be subjective, influenced by
their feelings towards the parties or the relationship is with
them; a document, having its objectivity preserved, cannot
be influenced by these circumstances.
The research of evidence filed in court, must be done
in public session, before the judge panel. In practice, it has
been decided that the solution of the court of law to reject
the hearing of witnesses is not lawful only because the
witnesses had been heard by the prosecution office in order
to prove the evidence. The civil court of law must hear the
witnesses as regards the evidence filed by the parties and
cannot rely on the statements given in the criminal trial3.
In special cases and under special circumstances,
evidence is filed during the trial by other court, save for the
one where the case is judged. In other cases, the evidence
cannot be filed only by a judge and the entire judge panel is
compelled to attend this process4. However, in cases tried
only by a judge, the evidence will be filed before that judge.
When a document under private signature is subject to
opposition, according to the provisions of art 177-179 of the
Code of civil procedure, the court will verify the documents
and will ask the party if they recognize the writing and
signature on the document filed as evidence and which is
claimed to originate from that party. If the partys answer
is positive, the court may consider that the document
originates from that party, save for the cases when it doubts
the sincerity of such statement5 .
Based on its active roles, the court can refer to the
verification of documents ex officio even if the document is
recognized by the party to which it is opposed if the court
doubts the sincerity of that party or when it considers that
the parties want to obtain a solution not substantiated by
reality6.
When one of the parties denies the writing or the
signature on a document under private signature or when the
heirs or successors in rights of the party pretending to have
originated the document, claim they do not know such writing
or signature, the court must have the document verified and
cannot remove it from the trial only because evidence is not
demanded to check the documents authenticity7.
The provisions indicated above refer only to documents
under private signature8 , because they are not subject to
a presumption of validity like that enforced for authentic
documents, but it has been decided that the verification
of documents is admissible for other documents when the
writing or signature on them are challenged, such as letters,
ledgers, household papers which originate from the parties
or third persons9 .
The verification of documents can be made before the
court and before the court of appeal10, if new documents
are filed, if the new document is challenged by the other
party, if based on the new documents, the court of appeal
is to annul and judge on the merits or to reinforce the ruling
under opposition11 .
If the annulment is made based on certain provisions (art
312, paragraph (2) of the Code of civil procedure), the court
of appeal decides that the verification of new documents will
be made during the appeal12 .
To carry out this procedure, the court will ask the party, to
whom the writing or signature on the document is assigned,
to write on the dictation of the jury panel and if the signature

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is not recognized, to sign their name before the jury panel.


Then, the court will compare the two writings or signatures
and will decide if the writing or signature of the party to
whom they are assigned.
The verification of documents is not a simple operation
for the magistrate given the following reasons: the taking
of writing or signature samples, the comparative graphical
examinations, the assessment of the investigations must
be in strict compliance with solid rules13 . Otherwise, errors
might occur or the magistrate cannot reach a convincing
outcome. Errors are also possible because the writing of a
person evolves with time.
A series of nerve connections produced in the cortex
and related to hand movements represent the base of the
writing skills. These, sent to the scriptural instrument, carry
out graphical signs.
However, the nature of the wiring skills does not exclude
the element of consciousness, which is highly emphasized
in the stage of the first writing activities. In time, it loses its
intensity.
The individuality of writing is triggered by general
particulars and detail particulars of graphical signs
performance.
It is possible to indentify a person based on their writing
because it becomes stable with time. Writing stability
means that a persons writing skills, general features once
established, remain constant until the end of their lives.
The scientific explanation is physiological in nature given
that the skill, as stereotyped succession of temporary links,
represents an irreversible system, conducted in one way14
.
The writings stability however, is quite relative. Based
on various reasons, a persons writing can undergo changes
in time, which are not critical as regards the identification of
such person as scriptural author. Such changes will not be
mistaken for writing variability given ones scriptural skills to
carry out, at their discretion, various ways of writing.
The following changes of writing stability can be
considered the following:

Changes occurred during the evolution of writing;


in particular, when the person writes regularly (writing as
profession) or, on the contrary, lack of writing directly
influences the stability of writing;

Changes caused by the authors psychosomatic


condition; writing is directly affected by any change in the
persons regular psychosomatic condition regarding nerve
processes or movement of superior limbs, sight, etc;

Changes trigged by the conduct of the hand


by another person when the document under dispute is
written;

Changes caused by the sobriety of the person


when the document is written;

Changes caused by momentary conditions, etc.


The magistrate will take into account the general and
particular features of the writing or signature when graphical
comparisons are conducted as regards the writing or
signature on the document under dispute or the samples
taken from the person claiming to be the author of the writing
or signature for comparison purposes.
A. General features:

Language characteristics (extra-graphical); by


means of the analysis of the text under dispute, features
triggered by the following: general level of education,
knowledge from a certain area, style of composition, style
of writing, logical constructions grounding the text, lexicon
used by the author, writing orthography;

Configuration features such as: presence or lack


of edges in the text, size of paragraphs, size of lines, space
between words, direction of line compared to the supports
horizontal line, form of line, topographic position of: signature,

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date, position and form of pagination, position and location


of document title, separation of words into syllables;

Form features: degree of graphical signs evolution,


simplicity degree, complexity of signs or signature, legibility
of text, signature made of letters of the name and surname
or features which are not graphically shaped;

Movement features such as: writing size, pressure


of the writing tool on the support from which samples
of writing or signature are taken, writing speed, writing
continuity, binding degree of letters, signs;
B. Individual features. These are personal habits of
a person, expressed in the construction of graphical
signs of the writing or signature.

Construction of graphical signs or their


architectonics;

Number of construction elements included in a


graphical sign;

Form of construction elements;

Complexity of the movement for the construction of


the graphical signs or signatures;

Beginning and completion of graphical signs,


beginning and completion of signature (its seal);

Size of graphical signs and their elements;

Writing of additional elements and writing of


observations;
In a separate investigation, the magistrate will verify the
documents in the hearing session in order to research and
determine, in detail, all the general and particular features
of the writing or signature. A very exact and comprehensive
assessment will be pursued in this respect.
Such investigation will seek to determine if the writing
or signature is conducted regularly and naturally, if there
are signs of intentional alteration (disguise, imitation, copy,
etc) or caused by illness, improper writing conditions. This
investigation will establish the particulars of writing or
signature in terms of identification value.
The overleaf of the support on which the document
is written will also be examined in order to determine the
existence of various remarks or notes of interest for the
case or traces of pressure, playing an important role in the
identification of types of forgeries15 .
Following such distinct investigation, the judge
will conduct a comparative examination, including the
comparison of general and individual features.
The purpose and outcome of such comparative
investigation arise from the evaluation of similarities and
differences existing between the writing or signature on the
document under dispute and those from the comparison.
The comparative investigation is conducted by comparing
memorized features from the distinct examination and their
visual, concomitant pursuit on the document under dispute
and on the samples writing or signatures.
The second procedure available to the magistrate
consists of the comparison of the writing or signature on
the challenged document with the writing or signature from
other documents of the same person, either authentic or
under private signature, recognized by the party.
This procedure is used in order to compare writings
or signatures from deceased persons or who, for various
reasons, cannot write or sign or from third parties who
cannot give samples of writing or signature.
If, following one of the procedures above or the two of
them, the court is not fully convinced or does not have an
opinion regarding the document, it will appoint an expert and
will compel the parties to file other documents to be used by
the expert to conduct comparative investigations.
According to art 179 Code of civil procedure, the following
documents can be subject to comparison: authentic
documents, private documents, approved by the parties, the
part of the document which is not disputed, the writing or

signature made before the court of law. The documents filed


for verification will be signed by the judge, clerk and parties
and communicated to the parties in court.
In previous literature16, it was considered that the
verification of documents could take place under the
following circumstances: if one of the parties considered that
the document was false and when a document assigned to
one of the parties, its author or to a third party declared they
did not know the writing or the signature.
In the French legislation, the first assumption is called
false, civil incident and the second the actual verification
of documents. The French code of civil procedure regulates
these two assumptions in two different titles. Our Code of civil
procedure, originating from the Code of the Geneva Canton,
has merged the two procedures in a single chapter.
The verification of documents could be conducted two
ways: in an incidental way, during the trial and directly
by means of an independent process. The verification of
documents had two stages: the preliminary stage and the
actual verification.
The preliminary procedure implied the attendance of the
person claiming that the document was false or that they did
not know the writing or signature. Such person was required
to prove the titles and means supporting the truthfulness or
falsehood of the document and to submit the documents to
be used for comparison. The parties who cannot attend the
session because of due hindrance will be exempted from
the said. These persons could be represented by a proxy
based on a special power of attorney. If the party, who had
submitted the document, did not attend the hearing, the
document was removed from the trial.
There were three assumptions following the question of
the president addressed to the party who had brought the
document. The party attended, but did not want to answer
and the document was removed from the trial. According to
the second assumption, the party stated that they did not
want to use the document and the document was removed
from the trial. If, according to third assumption, the party
stated that they wanted to use the document, the president
of the jury panel had to ask the other party if they insisted on
the statement that the document was false or that they did
not recognize it and asked the party to prove the means and
evidence supporting their statement.
Related to the actual verification of documents, the judge
had several means to use: to use the title (respectively, the
actual evidence), to compare documents, to hear witnesses
or experts.
In order to conduct such verification, if the documents
filed for comparison were not enough, the party to whom
the writing or signature was assigned, could be compelled
by the president to write before them or under their dictation.
The unwillingness to write could lead, as the case might be,
to the recognition of the defamed document.
The comparisons were made by the judge, considering
that the law did not compel the judge to resort to experts
given that expertise in that area was uncertain given that
the writing of the same person varied according to their
moods or illness, the paper on which they were writing or
the tool used to write and, sometimes, the author, for various
reasons, altered their writing or signature.
Witnesses could be used to verify documents. Witnesses
could be allowed up to any value, not only up to 150lei.
Witnesses were questioned only about material facts if they
had seen the person writing or signing, considering that it
was not allowed to prove the actual contract with witnesses
as in such case the inadmissibility of evidence would be
easily eluded in the Civil code! If the document was found
true, it represented full evidence, but only within the limits
of that trial and did not have the same probation power as a
document recognized by the parties.

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If the party claiming the falsehood of the document,


could prove it, the document was removed from the trial and
the court decided to be destroyed or reformed, respectively
the court declared its probation power annulled and the
annulment was written on the document to avoid its use in
the future. The reformation was used, for instance, for civil
status documents, which could not be destroyed materially.
The destruction or annulment of documents could be
conducted only after the ruling was final and the appeal
was rejected or was not filed in due term; because if the
documents were destroyed before the appeal, what would
be then the use of such appeal?
As regards authentic documents, when their contents
are disputed, the procedure of falsehood can be used, as
defined by art 180-184 Code of civil procedure.
An authentic document originates from the persons
indicated therein as its authors. It is verified and certified
by the judicial agent as per their duties set according to the
law.
The provisions of the authentic documents regarding
the material deeds made by the judicial agent and those
referring to material deeds made before them and personally
acknowledged, through their own senses, when exercising
their profession and job duties, enjoy a high probation power
and can be confuted by means of the procedure of false
registration17 .
Evidence until the false registration is considered
the following: the signatures of the parties and of other
participants in the preparation of the document, the
signature of the judicial agent and their remarks regarding
the presence of the parties, the confirmation of their identity,
date and place where the document is concluded, the
statements of the parties that the contents of the document
represent their will and the remarks regarding other material
deeds personally confirmed by the judicial agent if such
confirmations are included in their job duties.
When a document is prepared in authentic form, the
public servant, having the power to make, on the one hand,
personal remarks as those related to: the presence of the
parties, the means used to determine their identity, the
signing of the documents by the parties, the date and place
of document conclusion and, on the other hand, the public
servant records certain statements of the parties.
Thus, the remarks from an authentic document do
not have equal probation power. The remarks from the
authentic document, the confirmations of the judicial agent
made through their own senses and within their competence
represent evidence until the false registration. The remarks
regarding the statements of the parties represent evidence
until adverse proof because the judicial agent cannot check
if such statements are real and, to what extent, the will of the
parties is or is not affected by causes of absolute or relative
nullity18.
Therefore, it has been decided that the evidence with
witnesses cannot be deemed proof of the lack of consent of
the testate to decide, including this remark in the conclusion
for authentication, even if the testator could not sign19.
The registration in false can be used against documents
under private signature when it is claimed that such
document has been forged20 .
The claim regarding the falsehood of a document must
be made by the party personally or by a proxy based on a
special power of attorney. The president of the jury panel will
decide the presentation of the original document in public
session and a minute will be concluded to indicate the
following: the material condition of the document, indicating
if it has erasures, supplementations, alterations and then the
document will be transferred to the clerk to be preserved.
According to art 181 of the Code of civil procedure, in
order to prevent the change of the document considered
false, the president, after making their remarks in the

930

minute, will sign the document and will ask the clerk and
parties to sign it. In our opinion, such remarks made on the
support of the document in dispute, especially when they are
intended to make the expert attentive on a certain part of the
document or when the document is highlighted with pencil
or ink or suffers different signs, can alter and deteriorate the
document.
When the forgery is the result of use of chemical
substances and an a special examination is required as
regards the documents support, it will be impossible for the
expert to determine the writing or signatures removed by
erasure or written with substances visible only under certain
radiation.
In our opinion, de lege ferenda, the magistrates remarks
included in the minute are sufficient if they are made properly
and the document is to be kept by the clerk.
Thus, it is forbidden to take samples from the documents
support, to require the parties to write explanations on the
document or on its overleaf, to indicate the number of the
file, page or other remarks, even if made on a free sector of
the document because all this changes the initial nature and
can hide or make difficult the examination of the documents
important graphical signs21.
It is also unwise to make new folds on the document.
The existing folds, their number, location, appearance given
by the intersection of the texts lines with such folds allow
the expert to determine if certain parts of the text were made
before or after the documents folding or other elements
useful in the technical examination of the document or
the writing thereon. The new folds on the document, after
including it in the file, make the examination more difficult or
might lead to errors as it is known that any new fold speeds
the deterioration of the documents support.
When the document is examined, it is not allowed to
expose it to chemical radiations in order to reveal the text
covered by spots of different colors or substances, to erase
it in order to disclose the remarks made on the document.
In such occasions, only technical methods can be used in
order to secure the integrity of the document in its initial form
such as: examination by glass, under microscope, UVs, by
transparence or with light conducted from different angles,
etc.
The document will not be sewed on the file because
piercing or disentangling it and then binding it could lead
to its tearing. Thus, documents from a file will be kept in
separate envelopes, which will be sewed on the file. Such
envelopes will be larger than the document to avoid folding
the document. If the document is very large or if there is no
envelope of an appropriate size, the document will be kept
in its own envelope, but it will be folded following its own
folds.
The remarks on the envelope will be made before
inserting the document, otherwise it is possible for the
substance used for writing to penetrate the envelopes
paper and to get to the document or to print on it the traces
of the writing of the envelope and to render more difficult
any further examination of the document. To avoid sewing
the document and the envelope by mistake, the envelope
will be sewed first and then the document will be inserted in
the envelope.
Special attention will be paid to the preservation in order
to prepare the examination of torn or burnt documents. The
wrapping of burnt documents will be made to not hinder the
experts further activity in terms of document reconstitution.
If the document is taken during the investigation onsite and the torn pieces are mixed with other papers, it is
advisable to collect all the pieces of paper to avoid the risk to
not take pieces of the disputed document if the investigation
is not attended by the expert.
Burnt or torn documents will be reconstituted by the
expert as, sometimes, lab techniques and methods must

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be used, involving specialized knowledge and the use of


proper substances and equipment.
As regards charred and brittle documents, the sheet of
paper keeps, during the carbonization stage, its external
form and construction because of the existence of mineral
substances, in the papers composition, under the form of
filling according to the type and percent of such substances.
In such cases, the collection, wrapping and preservation of
documents will be exclusively in the charge of the expert
given the risk to destroy the documents support and thus,
to make the examination impossible.
Such documents will be kept away from light, humidity,
chemical factors or substances, etc. If the documents are
sent to the expert for investigation by mail or courier, the
envelopes will be closed and sealed to avoid deterioration
or change of documents.
The most common ways to forge documents, visible to
magistrates during the documents investigation are:

Deterioration of the documents support following


radiation or erasure. In that area, the polish of the paper
disappears and the absorption of the material used for writing
increases. The disappearance of the polish is visible freely
or by glass, from a lateral angle. The traces of the signs
composing the words are highly thickened and unclear. In
that area, the support absorbs more substance used for
writing and the diffusion of the substance used to write can
be noticed in the documents support;

The pilling of the support in the area of erasure,


which makes paper fibers to be visible freely or by glass;

Deterioration of the dotted lines or printed drawings


(frames, tables, graphics, watermarks, etc.);

When writing with a pencil or a fountain pen, the


top of the tool leaves traces on the paper, which can be
easily examined on the documents overleaf using a laterally
conducted light. Using a mirror, to examine the traces left
on the documents overleaf and with the help of conducted
light, the initial writing can be determined under special
conditions even if it has been erased;

If the forger intents to remove the writing by erasing


it, irrespective of their precautions, the paper keeps traces of
the initial text. Such traces allow to determine the removed
writing or fragments from the text on that document;

If the writing is removed by washing or chemical


corrosion of the document, the paper will be spotted,
differently colored in the respective area, compared to the
rest of the document;

Corrosive substances and bleachers deteriorate


the papers gluing. In such areas, the support will be raveled
and the lines traced afterwards will be thicker because of the
diffusion of the substance used in the documents support.
Following the dissolution of the papers gluing and the
bleach of the lines material in corroded areas, the support
will become brittle, with cracks and breaks.
Corrosion does not destroy or remove entirely the lines
the forger wanted to remove and the traces sometimes allow
determining the initial writing. The traces of corrosion can
be established by examining the document with the help of
UVs, using a special lamp. These places are fluorescent
compared to the other areas. Sometimes, the corroded text
can appear.
The forgery by adding new text can be easily
determined by examining traces of the signs composing
the text or the signature, which are made with a different
writing tool compared to the initial writing and, thus, they
can be thicker or thinner, with a different degree of pressure,
different color of the substance used for writing, different
size or graphical execution of the letters, different inclination
or evolution of the writing or signature, position of signs
compared to the basis of the line;
The forgery made by adding new text can be made
according to the following ways:

New text in the free space between signature and


within the documents text. In such cases, the line of the
inserted rows does not match the one of the rows of the
initial writing;

New text inserted between words and, in such case,


the exaggerated crowding of text if those added do not fit
the space where the insertion is made or, on the contrary,
an unnatural elongation of letters to fill in the free space;

If the new text is added by another person than the


one who has written the text initially, difference of the writings
features occur both as regards the general features and the
individual features of the signs composing the writing or the
signature;

New text added in the continuation of the rows,


throughout the text, either in the beginning of the row or at its
end; in such cases, because of the limited space, the forger
has to use abbreviations. If the text is added or inserted, the
writings inertia and habitualness, which plays an important
role in its realizations mechanism.
Words, letters and even inserted figures are distinguished
based on their size and inclination compared to the initial
text. The need to properly make the supplementations and
insertions, by means of further features, limits the authors
movements, lose their freedom, reduce the speed of writing,
the rapidity of the graphical signs performance. If the
insertion is not made by the person to whom the initial text
belong, those indicated above add to the difference in the
writings technique, direction and correlation of movements,
degree of evolution, etc.

The addition of a letter or group of letters at the


end of the word or of figures besides those already written,
thus increasing or decreasing the initial amount indicated in
the document. If the previous writing has been made with
a different tool, the forgery is easily proven. The following
will be taken into account: the thickness of the trace; the
quantity of color used for writing; the position and depth of
scratches printed on the paper, caused by the wear and tear
of the pen or by the position and pressure applied by the
author during the writing process;

If the forgery is made by redrawing certain signs,


letters or figures, there can be noticed various irregularities
in the form of the sign, additional, repeated or overleaped
traces, repetitions, trembling and certain discrepancies
as regards the inclination of the graphical signs and their
position;

If the forgery is the result of typing, telex or other


modern means22 , we will have the following features:
continuity of the row, form and features of the graphical
signs, but there will also be considered the features caused
by the special structure of the fabric of the printing/typing
machines ribbon, which are visibly printed on the paper
or certain features printed on the documents overleaf, in
particular caused by the wear and tear, the machines
rubber roll or other mechanical parts which cause additional
discrepancies compared to the initial writing;
In such cases, the identification features are caused by:
wear and tear of the equipment used; absorption by the roll
of the ink used; pressure or handling of the machines keys,
etc.

If certain pages are replaced in the document,


the examination of the writing typed subsequently will
also consider the particularities of the written composition,
specific to the person who has supplemented the document
in terms of words used, wording, which can be different from
the entire content of the document printed or written;

The forgery of the traces of stamps and seals is


made with different means, in particular the following:
production of stamps made of rubber, plastic, leather,
wood or other materials which easy to shape, drawing of
the stamps trace on the document by hand or with drawing
tools, copy of the original stamps trace, by Xerox or other

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931

modern means used for copying or printing. If the traces of


the initial stamps or seals miss, the examination will consider
the details of the stamp, uniformity of the traces of the same
signs if they are repeated, symmetrical position of signs;
If the comparison is possible, the following will be
examined: content of the text, abbreviation of words,
orthography, size, diameter of internal circles, width of the
circles line, position of different parts of the text.
The examination of seals will considers that, following the
times passing, their size cam be altered if they are made of
wax, mastic or other materials easily altered due to improper
preservation conditions. If the stamps trace is copied directly
on the document, the following will be noticed: traces of
pen, traces of correction, deviation of the features of certain
letters or graphical features, lack of equality or uniformity of
repeated graphical features, irregularity of spaces, breach of
the rows line as regards angular stamps. If the trace of the
stamp is made directly on the documents, it will be different
from the initial one because of the drawings smoothness
and the uniformity of the distribution of the substance used
for printing.
If the traces of the stamps are forged by copying, the
document will suffer a diluted coloring of the trace, spots or
traces of the substance used, traces of corrections or shape,
traces of the support from which the stamps traces has
been copied, printed on the document during the copying
process, etc.
Sometimes, the copying results in the inversion of the
letters image if the copying is not made from the original
document.
The forgery can be as following23 :

Intellectual forgery, consisting of the certification


of unreal deeds or circumstances or their intentional
omission;

Material forgery, consisting of the alteration of


a predetermined document, by means of correction,
alterations, addition or reassures in the documents initial
text;
The forgery can be carried out as follows: alteration of
graphical signs by means of overlapping, batching of the
part of the text to cover the initial writing, counterfeiting of
the writing, signature or stamps .
The exposure of the document as being false must be
made by the interested party or by their proxy.
If the adverse party is not present at the hearing session
when the forgery is claimed, the court of law will summon
the respective party and will set a new hearing term when
the party which has filed the document will bring it in original
to be verified by the court. At this hearing term, the party
will also submit the means of defense against the charge
of forgery .
Following the submission of the original document, the
president of the jury panel will record in a minute the material
condition of the document and will notice if the document
includes erasures, additions, alterations or corrections and
will entrusted to the courts clerk to keep it.
At the hearing term, the party, which has filed the
document, will be asked if they insist on using the document
as evidence. If the party does not answer the question or
state they do not want to use the document, the latter will
be removed and the trial will continue based on the other
evidence.
If, at the hearing term, the party who has file the
document, insists on using it, and the party to whom the
document is opposed insists on its falsehood, a minute
will be recorded to indicate the position of the parties. The
minute will be sent to the prosecutor responsible for making
investigation of cases of forgery charges (art 183 Code of
civil procedure).
The court will decide if the trial must be suspended,
depending on the probation power of the document, stage of

932

the trial or other elements useful for the cases settlement.


In its ruling, the court will take into account that the
decision can be reviewed if the forgery is proven and the
initial ruling is set based on such false document .
If the criminal court cannot settle the forgery charge
because the forgerys author is not identified or if the
criminal case is settled before noticing the court, or because
the forgerys author has died or the forgery is prescribed or
pardoned, the forgery will be investigated and determined
by the civil court of law and all evidence will be permitted.
If the forgery is proven by the criminal court or the civil
court and its existence is determined in a final ruling, the
court cannot take such document into account when ruling
its decision.
If the document is not proven as false, it will be kept as
valid document and will have a probation power similar to
the authentic document or the private document recognized
by the parties .
If the forgery is proven after giving the verdict, the verdict
must be reviewed in accordance with article 322 of the Code
of civil procedure.

BIBLIOGRAPHY
1.
I. Stoenescu, S. Zilberstein, Drept procesual civil,
Teoria generala (Civil procedural law. General theory), E.D.P.,
Bucharest, 1983
2.
V.M. Ciobanu, Tratat teoretic i practic de Drept
procesual civil, (Theoretic and practical treaty of Civil procedural
law) vol. I, Ed. Naional, Bucharest, 1997
3.
I. Neagu, Drept procesual penal. Partea general.
Tratat, (Criminal procedural law. General part, Treaty) 4th
edition, Global Lex Publishing House, Bucharest, 2007
4.
I. Neagu, Drept procesual penal. Partea special.
Tratat, (Criminal procedural law. General part, Treaty) 4th
edition, Global Lex Publishing House, Bucharest, 2007
5.
I. Le, Tratat de Drept procesual civil (Treaty of civil
procedural law), 4th edition, Ed. C.H. Beck, 2008
6.
E. Stancu, Criminalistic (Criminalistics),vol. I, Ed.
Actami, Bucharest, 1995
7.
E. Mihuleac, Sistemul probator n procesul civil
(Evidence system in the civil law), Ed. Academiei, Bucharest,
1970
8.
A. Ionacu, Probele n procesul civil (Evidence in the
civil trial), Ed. tiinific, Bucharest, 1969
9.
Gh. Beleiu, Drept civil. Introducere n dreptul civil.
Subiectele dreptului civil (Civil law, Introduction in the civil law,
Subjects of civil law) Ed. ansa, Bucharest, 1992
10. M. Eliescu, Curs de drept civil. Teoria general a
probelor. (Course of civil law. General theory of evidence)
University of Bucharest, 1974
11. Fl. Mgureanu, Drept procesual civil (Civil procedural
law), 12th edition, Bucharest, 2010
12. G. Porumb, Codul de procedur civil comentat i
adnotat (Code if civil procedure, commented and supplemented),
vol. I, Ed. tiinific, Bucharest 1960
13. D. M. Moldoveanu, Tratat de grafologie i expertiz
(Treaty of graphology and expertise), Bucharest, 1910
14. I. Ionescu, Expertiza criminalistic a scrisului (Criminal
expertise of writing); Ed. Junimea, Iai 1973.
15. C. Suciu, Criminalistic (Criminalistics), E.D.P.
Bucharest, 1972
16. D. Sandu, Falsul n acte (falsehood in documents),
Ed. Dacia, ClujNapoca, 1977.
17. M. A. Dumitrescu, Manual de procedur civil
(Manual of civil procedure), 4th edition, Bucharest, Ed. Librria
UNIVERSAL~ ALC ALAY, Bucharest, 1928

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

18. Wilson R. Harison, Cercetarea falsului n documente


(Investigation of forgery in documents), Vol. I, Cardiff, 1958
19. I. Anghelescu and the others, Tratat teoretic i
practic de criminalistic (Theoretical and practical treaty of
criminalistics), Vol. II, Bucharest 1978
20. H. Stahl, Grafologia i expertiza n scrisori anonimefalsul (Graphology and expertise in anonymous letters - forgery),
Bucharest, 1924
21. M. Eliescu, Tratat de drept civil romn. Teoria general
a probelor (Treaty of Romanian civil law), C. I. PARHON
University, Bucharest, 1951
22. T. I. Ulic, Expertiza grafic (Graphical expertise),
Bucharest, 1914
23. I. Stoenescu, G. Porumb, Drept procesual civil roman
(Romanian civil procedural law), E.D.P., 1966
24. H. Stahl, Expertiza grafic (Graphical expertise). Inst.
of Graphical arts Marvan, Bucharest, 1904
25. D. Alexandrescu, Drept civil roman (Romanian
civil law), vol. VII, National Typography, Iai 1901, Cap. VII
(Evidence)
26. Fl. Mgureanu, Inscrisurile mijloace de prob n
procesul civil (Documents, evidence in the civil trial), Ed. AllBeck, Bucharest, 2002
27. N. V. Terziev, Introducerea n cercetarea criminalistic
a documentelor (Introduction in the criminal investigation of
documents), Bucharest, 1952
28. G. Docan, Repertoriu de jurispruden rezumat.
Soluiunile naltei Curi de Casaie, publicat n ultimii cinci ani
(Repertory of summarized jurisprudence, Solutions of the High
Court of Cassation, published in the last five years), 19341938,
Bucharest, Ed. Socec, S.A. 1939
29. T.S. col. civ. dec. no. 1846/1956, L.P. no. 3/1957.
30. T.S. sec. civ. dec. no. 1032/1975, C.D. 1975
31. T.S. col. civ. dec. no. 264/1955, C.D., 1955, Vol. II
32. Trib. reg. Bacu, dec. civ. no. 489/1966, R.R.D. no.
6/1968, p. 151, with remark by I.L. Cristian
33. Decision no. 511 of June 1, 1998 of C.A. Braov
34. Plenum of T.S. dec. de ndr. no. 11/1960, C.D. 1960
35. Plenum of T.S. dec. ndr. no. X/1953, C.D. 19521954
36. T.S. sec. civ. dec. no. 2413/1980, C.D. 1980
37. C.S.J. sec. civ. dec. no. 222/1994, in the Jurisprudence
Minute of C.S.J. in 1994
38. T.M. Bucharest, sec. IV civ. dec. no. 756/1991, in I.
Mihu, C.P.J.C. in 1991, Ed. ansa, Bucharest, 1992.
39. Plenum of T.S., dec. no. 4/1964, C.D. 1964

Note
1.
For further details on evidence, see: I. Stoenescu,
S. Zilberstein, Civil procedural law, General theory, E.D.P.,
Bucharest, 1983, p. 335349; V.M. Ciobanu, Theoretical and
practical treaty of Civil procedural law, vol. I, Ed. Naional,
Bucharest, 1997, p. 259266; I. Neagu, Criminal procedural law.
General part. Treaty, 4th Edition Global Lex, Bucharest, 2007
and Criminal procedural law. General part, Treaty, 4th Edition,
Ed. Global Lex, Bucharest, 2007; I. Le, Treaty of procedural
civil law, 4th edition, Ed. C.H. Beck, 2008, p. 500 and the
following.; E. Mihuleac, Probation system in the civil trial, Ed.
Academiei, Bucharest, 1970, p. 8155; A. Ionacu, Evidence
in the civil trial, Ed. tiinific, Bucharest, 1969, p. 579; Gh.
Beleiu, Civil law. Introduction in the civil law. Subject of civil
law. Ed. ansa, Bucharest, 1992, p. 99100; M. Eliescu, Course
of civil law. General theory of evidence Bucharest University,
1974, p. 4; Fl. Mgureanu, Civil procedural law, 12th Edition,
Bucharest, 2010, p. 326 and the following.
2.
A. POP, GH. BELEIU, op. cit. p. 591.
3.
T.S. col. civ. dec. no. 1846/1956, L.P. no. 3/1957, p.
361, T.S. sec. civ. dec. no. 1032/1975, C.D. 1975, p. 232.

4.
I. Stoenescu, S. Zilberstein, op. cit. p. 349. In the
area of arbitration procedure, art. 358 C. proc. civ. stipulates
that the arbitration court can decide for the evidence to be filed
before an arbiter from the court of arbitration.
5.
A. Ionacu, op. cit. p. 167169, E. Mihuleac, op. cit. p.
207209.
6.
A. IONACU, op. cit. p. 167.
7.
T.S. col. civ. dec. no. 264/1955, C.D., 1955, Vol. II. p.
204, Trib. reg. Bacu, dec. civ. nr. 489/1966, R.R.D. nr. 6/1968,
p. 151, remark by I.L. Cristian
8.
See G. Porumb, Code of civil procedure, commented
and supplemented vol. I, Ed. tiinific, Bucharest 1960, p.
408.
9.
A. Hilsenrad, I. Stoenescu, op. cit. p. 361.
10.
See Decision no. 511 of June 1, 1998 of C.A.
Braov.
11.
Plenum of T.S. dec. de ndr. no. 11/1960, C.D. 1960,
p. 1719, for practice before the amendment of art. 312 C. proc.
civ.
12.
Plenum of T.S. dec. ndr. nr. X/1953, C.D. 19521954,
Vol. I p. 11, for practice before the amendment of art. 312 C.
proc. civ.
13. I. Anghelescu and the others, Theoretical and practical
treaty of criminalistics, Vol. II, Bucharest 1978, p. 113162, D. M.
Moldoveanu, Treaty of graphology and expertise, Bucharest,
1910, Henri Stahl, Graphology and expertise in anonymous
letters forgery, Bucharest, 1924 Camil Suciu, Criminalistics,
E.D.P. Bucharest, 1972, p. 454487; N. V. Terziev, Introduction in
the criminal research of documents, 1952 p. 118125, D. Sandu,
Falsehood in documents, Ed. Dacia ClujNapoca 1977, p. 24
and the following, T. I. Ulic, Graphical expertise, Bucharest,
1914.
14. I. Ionescu, Criminal expertise of writing; Ed. Junimea,
Iai 1973, p. 41.
15.
N. V. Terziev, Introduction in the criminal research of
documents, Bucharest, 1952, p. 125.
16. M. A. Dumitrescu, Manual of civil procedure, ed. a IVa,
Bucharest, Ed. Librria UNIVERSAL~ ALC ALAY, Bucharest,
1928, p. 191196.
17.
A. Ionacu, op. cit., p. 109; M. Eliescu, Treaty
of Romanian civil law. General theory of evidence, C. I.
PARHON University, Bucharest, 1951. D. Alexandrescu
Romanian civil law, vol. VII, Tipografia Naional, Iai 1901,
Cap. VII (Evidence), I. Stoenescu, G. Porumb, Romanian civil
procedural law, E.D.P., 1966, p. 158, C.I. no. 998/1936 (J.g.
1937, S.p. 123), C.I. no. 1255/1936 (P.S. 1936, p. 408, no.
40), C.II. no. 709/1937 (J.g. 1938, p. 400), in George Docan,
Repertory of summarized jurisprudence. Solutions of the High
Court of Cassation, published in the last five years, 19341938,
Bucharest, Ed. Socec, S.A. 1939 ; Fl. Mgureanu, Documents,
evidence in the civil trial, Ed. All-Beck, Bucharest, 2002.
18.
T.S. sec. civ. dec. no. 2413/1980, C.D. 1980, p. 272273, C.S.J. sec. civ. dec. no. 222/1994, in Jurisprudence Minute
of C.S.J. in 1994, Ed. PROEMA, Baia Mare, 1995, p. 9798.
19.
T.M. Bucureti, sec. IV civ. dec. no. 756/1991, in I.
Mihu, C.P.J.C. in 1991, Ed. ansa, Bucharest, 1992, p. 132.
20.
A. Ionacu, op. cit. p. 167. For further details on
the examination of evidence and probation of forgery, see: E.
Stancu, Criminalistis, vol. I, Ed. Actami, Bucureti, 1995, p.
313352; H. Stahl, Graphical expertise. Inst. of Graphical Arts
Marvan, Bucharest, 1904.
21.
For the same, see: N. V. Terziev, op. cit. p. 125126.
22.
I. L. Georgescu, I. Bcanu, op. cit. p. 121125.
23. I. Stoenescu, S. Zilberstein, General Theory, p. 362,
V. M. Ciobanu, Civil procedural law, p. 273, I. Anghelescu and
collaborators, op. cit. p. 272, A. Ionacu, op. cit. p. 169, E.
Mihuleac, op. cit. p. 209.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

933

ACHIEVING THE PURPOSE AND MAIN RULES


OF THE CRIMINAL PROCEEDINGS BY FORENSIC
METHODS AND TECHNIQUES
- PHD THESIS NICOLAE GROFU
REALIZAREA SCOPULUI I A REGULILOR DE BAZ
ALE PROCESULUI PENAL PRIN METODE I TEHNICI
ALE CRIMINALISTICII TEZA DE DOCTORAT
A CRIMINALISTULUI NICOLAE GROFU
PhD University Reader Constantin DUVAC,
The Faculty of Law and Economics, Agora University in Oradea; associate
researcher at the Institute of Legal Research, Acad. Andrei Radulescu of the
Romanian Academy; e-mail: ctinduvac@yahoo.com
1. On October 31, 2011, the doctorate thesis named
Achieving the purpose and criminal trial basic rules
by methods and techniques used in forensic science,
developed by doctoral student, university lecturer
Nicolae Grofu, under the excellent guidance of Mr. PhD
university professor d.h.c.mult George Antoniu, was
made public in an atmosphere of a high scientific view
and in the presence of a large audience in the board
room of the Institute of Legal Research, Acad. Andrei
Radulescu of the Romanian Academy.
2. In the legal criminal literature of our country, is for
the first time when such
a matter Achieving the
purpose and criminal trial
basic rules by methods
and techniques used
in forensic science is
treated in a monographic
way, usually the treaties,
courses,
articles,
specialized
works
reserving a very limited
space for this topic.
The doctorate thesis
has been structured by
the doctoral student into
three big chapters, each
one containing
several
sections.
3. In the first chapter of the paper work, entitled
Basics notions about the criminal trial (p. 9-69), were
discussed: the theory of the criminal trial, the various
procedural systems, the European model of criminal
proceedings in Romania and concepts of criminal
proceedings, criminal policy procedure and criminal
procedural principles.
From the beginnings, the author emphasizes and
demonstrates the close link between the forensic actuality
and the criminal proceedings, from which it derives the
need for a criminal trial to allow reception of methods and
techniques that forensic science put on the reach of judicial
bodies in order to solve some issues, often complex and
difficult, which are raised in the fight against crime (p. 5-8).
In this context, in agreement with Professor George
Antoniu, the author formulates an own thesis, according to
which there is no abstract legal regime applicable to all times
and all historical stages, but each historical period has its
specific rules, which reflect the legal concepts specific to that
era.

934

According to the university lecturer Nicolae Grofu,


the introduction of rules from one system to another,
with the consequence of their distortion, ignoring the
national peculiarities and traditions, as it happens lately, is
questionable and potentially generating natural rejection
within the criminal justice system , giving as example the
Italian experience in this area (p. 34).
We should reflect at the fact that, although both in the
European and national law is enshrined the right to repair
damages caused by the offense, the legislature leaves the
victim to enforce the court ruling regarding the material

damage, meaning to look for the offender and to pay the


bailiffs fee in order to get to an effective remedy. The author
believes, rightly, that a intervention of the legislature is needed
in order to correct this situation, the more the right to a fair
trial aims all stages of the criminal proceedings, including the
execution phase, and the enforcement of the civil conviction
is part of the criminal answer towards committing the offense.
The technical solution would be to include the costs of the
execution in civil matters in the judicial costs (p. 52).
A code of criminal procedure reflects a particular
conception regarding the foundation of the criminal procedure
law and it must take into account certain guiding principles in
regulating this right. The principles that guide the regulation
of the criminal proceedings are certain requirements,
considered as the basic rules of this process. Consequently,
the policy of the Romanian state in the matter of criminal
procedure law is reflected in the notion and basic rules of the
criminal proceedings (p. 55).
In this context, given the complexity of the field, the
doctoral student advances, the first in the literature of our
country, a very interesting idea, according to which it would

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

not be without interest and practical utility to set up taking


into consideration the model droit penal constitutionnel
allemande, enshrined in Germany and accepted in France the constitutional criminal law as a distinct discipline of public
law also in Romania, which shall bring together elements
of constitutional law, criminal law, criminal procedural law,
public international law, legal protection of human rights, the
law of European Union in order to ensure effective protection
of human rights and fundamental freedoms in criminal
proceedings (p. 64).
4. Chapter II The purpose and basic rules of
the criminal proceedings (p. 70-125) - is focused on
examining in detail the purpose and basic rules of the
criminal proceedings (legality, the official, finding the
truth, guaranteeing personal freedom, human dignity,
presumption of innocence, guaranteeing the right of
defense, the language of the criminal proceedings and
use of the official language through an interpreter).
In the authors opinion, the phrases the aim of the
Criminal Procedure norms and the principles of criminal
procedure used by the new Criminal Procedure Code seem
to be more appropriate than those used in the Code of
Criminal Procedure in force (p. 70), the author expressing its
agreement also for the legal dedication of the purpose and
ground rules (p. 72).
From the analysis of the positions expressed in the recent
doctrine about the sides of the criminal proceedings purpose,
the university reader Nicolae Grofu noted a certain degree of
ambiguity in terms of determining the criminal proceedings
purpose. While there is no ambiguity about the immediately
purpose, this one finding its correspondence in the social
and legal purpose of the criminal trial, the characterization
of the mediated purpose is contradictory, whether it is
included in the socio-political role of the criminal trial (being
equivalent to the general purpose) or merges with it. The
correct clarification of the criminal proceedings purpose
is current also in the context in which the new Romanian
Criminal Procedure Code is not keeping the systematization
of the code in force, and the purpose of the criminal trial has
no longer a distinct consecration, which seems not to be a
happy option in the doctoral student opinion (p. 76).
By lex ferenda, he claims that it would be required the
reintroduction of the criminal proceedings prosecution
purpose as an independent institution and, moreover,
taking into consideration the model of the law state principle
in the German doctrine, the strengthening of the impact
on developing the criminal proceedings in order to play a
significant role in the adaptation of the Romanian criminal
proceedings to the demands of a modern European criminal
trial, even by deducting from the purpose of the criminal trial
some express unregulated principles (p. 76).
But the editors of the new Criminal Procedure Code
have done in reverse, by turning the purpose of the criminal
proceedings in a component of the fair trial: the fairness
character of the criminal trial consists of the obligation of
the judicial authorities to develop the prosecution and the
trial phase with respect for the procedural safeguards and
the party and procedural subjects rights, so to be made the
purpose of the criminal proceedings as it is reflected in the
conception of the Criminal Procedure Code in force. The
author expresses serious reservations about the tendency to
conceive the purpose of the criminal proceedings as a part
of the fairness character of the criminal proceedings, even if
it is European in origin (p. 76).
Although in the conception of the new Criminal Procedure
Code the principle of the active role is missing from the basic
rules of the criminal proceedings, the legislature inserts in
art.5 paragraph 2 of the New Criminal Procedure Code,
with the marginal title Finding the truth, the provision laid
down in paragraph 1, final thesis of art. 202 of the Criminal
Procedure Code in force, with the marginal name The

active role of the criminal investigation body. Therefore, the


obligation to have an active role only rests for the criminal
investigation bodies. In this way, the fundamental principle
of the active role, with implications throughout the entire
development of the criminal proceedings, is transformed,
as an area of impact, in a common principle, which applies
only to the procedural phase of the criminal proceedings,
although the provisions of art. 5. Paragraph 2 of the new
Criminal Procedure Code are part, as systematization, from
the General Part, Title I, Principles and limits of applications
for the criminal procedural law (p. 106-107).
By this option, the Romanian legislator established a role
of arbitrator for a judge, of Anglo-Saxon inspiration, giving
up the active role of continental origin. Regarding the actual
state of development of the Romanian society, the doctoral
student believes that such a solution is not appropriate and,
consequently, it would be required the reintroduction of this
tradition principle in our procedural legislation (p. 107).
From this analysis, the author suggests the possibility of
creating a European model of criminal proceedings, based
on new principles, such as ensuring the rights of parties to
a fair trial, solving criminal cases in a reasonable time, the
existence of real and effective criminal procedural guarantees
, and also the achievement of an optimal correlation between
the criminal proceedings, criminal procedure policy and the
principles of the criminal proceedings (p. 220).
Rightly, the paper work suggests the introduction of
criminal procedure regulations inspired by the principle of
equality of arms, derived from the European Convention on
Human Rights and Fundamental Freedoms, in which the
crime victim should be placed at the center of the judicial
bodies attention, in order to achieve an effective strategy
for conducting the criminal repression. For the reparation of
damages suffered by the victim, as a result of an offense,
to be complete and effective, the paper work proposes that
the compensation paid by the offender found guilty or by the
civilly responsible should be completed (solution already
admitted in the French criminal proceedings) by creating
a guarantee fund, to avoid risk of illusory recovery of the
damage from the offender (p. 220).
5. The relations between the criminal proceedings
and the forensic methods and techniques (p. 126-218)
are the subject of Chapter III of the paper, its central
part, in which the author, having already several scripts
and over 10 years experience in forensic science, treats
with more accuracy and originality the correlation
between criminal procedural law and forensic science in
terms of the object and methods of criminal procedural
law, the object, principles and methods of forensic
science, as well as the correlation between the criminal
procedural law and the forensic science. Also, the paper
work emphasizes the significant role of scientific and
technical methods, tactical procedures and forensic
methodological rules used for finding the truth in the
criminal proceedings.
Although forensic science doesnt have its own legal
rules, its techniques, tactics and methodologies are based
and are complied with the criminal and criminal procedural
legal rules. Despite this shortcoming, the author convincingly
demonstrates the unity and autonomy of forensic science to
other judicial or non-judicial sciences in the service of justice
(pp. 128-129).
By its specific possibilities, the forensic science serves
for the function and purpose of the criminal proceedings,
but not all the basic rules of the criminal proceedings are
likely to achieve through forensic methods and techniques.
The forensic science identified, in turn, the principles for
leading and guiding (for example, the principle of legality,
the principle of finding out the truth, the presumption of
innocence and the principle of timeliness are also principles
of forensic science), and the doctoral student opinion is that

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

935

this is the area of contact between the purpose and ground


rules of the criminal proceedings and the forensic methods
and techniques. But the paper work noted, rightly, also that
the forensic science has developed its own principles, such
as the identity principle and the principle that any criminal
activity leaves traces (pp. 129-130).
Therefore, as an expression of the importance of forensic
science and, also, for its international recognition, in art. 87
paragraph 2 of the Lisbon Treaty regarding the European
Union is stated that in order to prevent, detect and investigate
crimes, the European Parliament and the Council, acting in
accordance with the ordinary legislative procedure, may
establish measures for supporting research in forensic
science domain.
In the doctoral student conception, the new legislative
solution to merge the provisions of art.62 and art.63 of
the Code of Criminal Procedure in a single text (article 97
paragraph 1) is questionable because finding the truth in
criminal proceedings is not direct and immediate result of
taking evidence, but the judiciary bodies, in order to find the
truth, are required to clarify the cause in all aspects, based
on evidence. Consequently, by lex ferenda, it would be
required the repeal of the phrase and witch contributes to
the finding of the truth in criminal proceedings, provided in
art. 97 paragraph 1 final part (p. 138).
However, he notes that, by introducing art. 97 paragraph
2 letter f) of the new Criminal Procedure Code (Any
other mean of evidence which is not prohibited by law
objectionable speech), the system of means of evidence is
radically changed by the consecration - instead of a system
of means of evidence with a complete nature, according to
the Criminal Procedure Code in force - a system of means
of evidence, admitting other means of evidence and is
defined by opposition to the comprehensiveness character.
Consequently, according to the new Code of Criminal
Procedure, the means of evidence has only an illustrative
nature, the judicial body can add to them and others, not
expressly provided, with the condition not to be prohibited
by law. Practically, the freedom of means of evidence is
not any longer characterized by the use of any legal mean
of evidence and completely set in the Code of Criminal
Procedure, but the judiciary bodies will be the ones to decide
to accept other means of evidence, being limited only by the
condition that those means of evidence are not prohibited by
law (p. 139).
The author advances his own idea also about the
legal nature of photos, about which he states that they are
evidentiary procedures whenever they dont represent simple
illustrations of other evidentiary procedures. In the latter
case, the photos are a technical forensic mean, auxiliary to
other tactical forensic activities (p. 143).
Improving the criminal proceedings, due to the
improvement of forensic methods and techniques, could give
expression to the external correlation requiring an agreement
between the procedural law with the demanding required by
the criminal state. The criminal proceedings must be a vital
tool for controlling crime in society, but figures show that
most crimes do not get the attention of police or other bodies
involved in fighting against crime and sometimes, when they
get the attention of the authorities, the reaction is not always
prompt and effective (p. 144).
From this fact, the paper work points out that there would
be not devoid of interest the introduction in our country of the
concept of justice gap, as an expression of an insufficient ratio
between the criminal law violations, that take place effectively
in society and the volume of cases reaching effectively the
punishment of the guilty ones. The strategies for reducing this
report are related to the prompt and complete identification
of generating causes, as well as other circumstances, such
as: failure to report cases to the judiciary bodies; nonregistration of reported cases by the legal authorities; judicial

936

bodies inability to clarify the facts committed and to identify


the perpetrators; the existence of incomplete evidence,
procedural defects or some shortcomings in the regulation
of criminal proceedings, leading to pay of those who are
indicted (p. 146-147).
Analyzing the manifestation forms of the interaction
between the criminal proceedings and the forensic methods
and techniques, the author argues, rightly, that the entire
forensic activity, ranging from the decision to use a particular
method, technique or procedure or forensic tool to the record
of each forensic activities results in part, is conducted with
the compliance of the criminal procedural law provisions (p.
147).
Moreover, the new Criminal Procedure Code, in its general
part, Title IV, under the marginal title Evidence, means of
evidence and evidentiary procedures, has massively took
the rules contained by the forensic manuals, that describe
how procedural institutions are performed and turned
them into law, such as: explaining how to perform special
surveillance or research techniques; making and fixing the
results of a domiciliary search; the procedure of performing
an expertise; the categories of expertise and methods of
performing them.
The second form of manifestation of the interaction, in this
view, is the introduction of some new procedural institutions
in the criminal procedural law, which until then belonged
to the forensic issues (for example, identifying persons
and objects, provided by art. 132-137 of the new Criminal
Procedure Code, a regulation that was not required nor by
the doctrine or judicial practice; so, it would be required the
discharge of this regulation which artificially increases the
matter - p 148-150 ).
It is naturally raised the question: which would be the
reasons that could justify the grant of a computer search by
a judge after another judge ordered a house search in the
location where those computer systems or computer data
storage media are.
In this context, by lex ferenda, is said that a doubling of the
disposition for performing the two searches, on the ground
that the arrangement of performing the domiciliary search it
covers, from the perspective of ensuring human rights and
fundamental freedoms, the information search too, would
not be necessary, in order to ensure the compliance of law
in the computer systems or computer data storage media
research (p. 161).
Moreover, due to the extremely fast technological
advances that manifests globally in the informatics, the
base of the matter should be, by lex ferenda, only the one
regarding the search from the Criminal Procedure Code, in
order to ensure stability to the framework legislation, to be
known by those who made inquiries, to avoid duplication
of the disposition and emission of search authorizations,
which strikes the celerity of the investigations, also as the
generating ambiguous situations. The effective way of
achieving computer investigations should not be recorded
in legislation, but the legal authorities that are responsible
for the law enforcement are the ones who should act in the
continues development of methods and work procedures, as
well as the best practices regarding this matter (p. 161).
Consequently, the author considers that the procedural
provisions on computer searches are excessive and that
- although the new Code of Criminal Procedure takes the
same provisions as Law nr. 161/2003 regarding computer
search - by lex ferenda, they could be removed taking into
consideration the effect of the implementing law of the new
Criminal Procedure Code (p. 163-164).
The aspects of forensic methods and techniques reception
are also very interesting. The university lecturer Nicolae
Grofu, using his excellent scientific and editorial qualities,
presents the most effective methods and techniques used in
achieving goals and ground rules of the criminal proceedings,

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

so to create the necessary conditions for the improvement of


the criminal procedural law.
First are presented and analyzed the automated systems
used in forensic identification and microtraces physicochemical expertise.
Treating the incidence of the forensic tactics on the
purpose and basic rules of the criminal proceedings, the
author rightly observed that, unlike the means of evidence,
the evidentiary procedures are not only those who have a
legal basis. Although in the judicial practice, most times, the
procedures indicated by the law are sufficient, the judicial
bodies can adapt any means of proof, provided that this
procedure is not stopped by law or do not affect public order
or morality (p . 192).
In the forms of interaction between the evidentiary
procedures and the forensic tactics are examined the specific
elements regarding: restoration, presentation for recognition,
limits of people hearing and finding the flagrant crime.
6. As was natural, the author concludes his scientific
research with a section on lessons learned from this
analysis and proposals of lex ferenda raised by these.
The forensic implications in achieving the purpose of the
criminal proceedings, as well as the contribution of forensic
methods and techniques for the compliance of the basic
rules of the criminal proceedings are shown convincingly in
the content of the paper work.
To be able to deepen the chosen theme, the author
has scientifically documented, practically exhausting
all Romanian specialized paper works. The author also
studied and presented the positive experience recorded in
representative works of foreign literature: German, Italian,
French, Belgian, Polish, Chinese, Japanese, English and
American, as well as in Moldova, but also the Commission
and the European Court of Human Rights conclusions in
this matter, so to be considered in the legislative reform and
improvement of forensic methods and techniques in our
country.
The paper work suggests the introduction of some
criminal procedural regulations inspired by the principle of
equality of arms, derived from the European Convention on
Human Rights and Fundamental Freedoms, in which the
crime victim should be placed at the center of judicial bodies
attention in order to achieve an effective strategy for the
development of the criminal repression. For the first time in
Romanian specialized legal literature, to our knowledge, so
that the reparation of the damage suffered by the victim as a
result of an offense to be fully and effective, the paper works
proposes that the compensation paid by the offender found
guilty or the civil responsible party to be completed (solution
already admitted in French criminal proceedings) by creating
a guarantee fund, to avoid risk of illusory recovery of the
damage from the offender.
Finally, the thesis expresses the correct idea that
forensics should be considered, interpreted and applied in
a realistic approach, taking into account its results in the
constant practice. It is a truth acknowledged that, by practice,
forensics is renewed and enriched as a science.
The entire paper work takes into account the procedural
legislation in force and the provisions of the new Criminal
Procedure Code, adopted by Law nr. 135/2010, the author
not hesitating to reveal the merits and shortcomings of this
code. But the doctoral student is not limiting at just revealing
some law omissions or inaccuracies, but makes numerous
proposals of lex ferenda, in order to enhance the new
criminal procedural legislation in matter and, consequently,
to contribute to a better achievement of criminal justice in
our country.
7. In preparing this monographic and extremely
dense paper work, full of ideas and arguments, which
has 250 pages and 929 footnotes, the author studied
(at least) and used 308 bibliographic sources, of which:

131 were treated, courses, books - Romanian (70) and


foreign (61); 114 studies, articles, notes - Romanian (66)
and abroad (48); 36 decisions of national courts (8) and
foreign (28); 19 electronic sources and 8 other paper
works . However, he also considered 30 national and
international laws.
To this extensive documentation, the author has added
a great capacity for reflection, critical analysis of the studied
materials, which allowed him to solid substantiate his
conclusions and to identify new and original aspects from
whose perspective it could be explored the addressed
theme.
8. As style, the paper work is characterized by a
clear expression, flowing, with proper use of technical
concepts, specialized, which facilitates the entry into
the world of ideas and demonstration of the author.
The paper work systematization is logical, the author
manages to convincing summarize in each chapter the
wealth of information and reflections that supports his
conclusions.
9. In relation to these qualities of the reviewed paper
work, but of Mr doctoral student university lecturer
Nicolae Grofu, we recommend him to publish it in this
form, at a prestigious publishing house in order to
be communicated to law practitioners and to anyone
interested in the correct enforcement of the criminal
justice in Romania.
Notes
1. A. After graduating from the Faculty of Law at the Police
Academy Al. I. Cuza in Bucharest in 2000, as head of the
class, the doctoral student has opted for a teaching career at
the Department of Forensic Science, first as a preparator, then
as an assistant and now as a university lecturer with a practical
experience in this department of over 10 years.
2. In our country, there are concerns in this respect by
the inauguration in the Journal of Criminal Law of a heading
named The Constitutional Court case law in criminal matters
, in which there are presented, in summary, solutions from the
legal practice of the constitutional contentious court regarding
the unconstitutionality exceptions linked to the Criminal Code
and Criminal Procedure Code and the special laws (for details
Tudorel Toader, Solutions (summary) of the Constitutional
Court jurisprudence in criminal matters, arising in the period
October to December 2010, The Journal of Criminal Law no.
1/2011, p 165-183; Tudorel Toader, Solutions (summary) of the
Constitutional Court jurisprudence in criminal matters, arising in
the period January to March 2011, The Journal of Criminal Law
no. 2/2011, p 154-169; Tudorel Toader, Solutions (summary)
of the Constitutional Court jurisprudence in criminal matters,
arising in the period April to June 2011, The Journal of Criminal
Law no. 3/2011, p 170-188).
3. The university lecturer Nicolae Grofu developed, alone
or in collaboration, a university course of forensic tactic, two
monographs on tax evasion and fraudulent bankruptcy,
60 articles (published in national or international journals
or presented at international conferences, national with
international participants or national) and 2 reviews.
4. So far, the university lecturer Nicolae Grofu was recruited
in scientific councils or editorial staff, as appropriate, of the
Journal of Criminal Law, Romanian Journal of forensic science
and Romanian journal of intellectual property law, all indexed in
international databases, recognized by the Ministry of Education,
Youth and Sports. Also, beginning with 2010, he is member of
the advisory board of Law Review, the English edition of the
Law magazine, and from this year he is the deputy editor of the
Romanian Journal of Forensic Science, classified in category B
+ by the CNCS.
Also possessing exceptional organizational skills, in 2010
Mr. university lecturer Nicolae Grofu was elected deputy general
secretary of the Romanian Association of Criminal Sciences
and treasurer - secretary of the Romanian National Party in The
International Criminal Law Association.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

937

VISION FOR EUROPEAN


FORENSIC SCIENCE 2020
CRIMINALISTICA EUROPEAN
LA ORIZONTUL ANULUI 2020
Major-general (r.) univ.lecturer Ioan HURDUBAIE Ph.D.
Abstract
On days 13 and December 14, 2011, took place in Brussels the EU JHA Council works
with the participation of interior and justice ministers from the 27 Member States.
Among the topics addressed on this occasion was one relating specifically to the
European forensic issues as it is seen by experts from Member States towards 2020.
We thought it interesting to present our readers, in part, the conclusions adopted
by ministers because many of the measures envisaged in this document, which will be
implemented by the authorities of each country of the European Union coincide with the
efforts and steps taken by the leadership of Forensic Association in Romania to improve
the legal framework of forensic activity, enhancement and improvement of staff and experts
training , priority objectives of the Association.
The document adopted by the JHA Council was developed after three meetings of
the Group of Experts Law enforcement and submitted to the EU Member States, who
expressed in writing their views on its contents.
Key words: JHA council, forensics, experts from Member States, towards 2020, training
staff and experts, combating crime
Rezumat
n zilele de 13 i 14 decembrie 2011, la Bruxelles s-au desfurat lucrrile Consiliului
JAI al Uniunii Europene, cu participarea minitrilor de interne i de justiie din cele 27 de
state membre.
ntre subiectele abordate cu aceast ocazie s-a numrat i unul referitor, n mod special,
la problemele criminalisticii europene, aa cum este ea vzut de experii din statele
membre n perspectiva anului 2020.
Ni s-a prut interesant s prezentm cititorilor revistei noastre, n totalitate, concluziile
adoptate de ctre minitrii de resort, ntruct multe din msurile avute n vedere n acest
document, care vor trebui implementate de ctre autoritile fiecrei ri din Uniune, coincid
cu eforturile i demersurile ntreprinse de conducerea Asociaiei Criminalitilor din Romnia,
n vederea perfecionrii cadrului juridic de desfurare a activitii criminalistice, precum
i de mbuntire i desvrire a formrii cadrelor i specialitilor n domeniu, obiective
prioritare ale Asociaiei.
Documentul adoptat de ctre Consiliul JAI a fost elaborat n urma a trei reuniuni
ale Grupului de experi Aplicarea legii i supus aprobrii statelor membre ale Uniunii
Europene, care i-au exprimat n scris opiniile asupra coninutului acestuia.
Cuvinte cheie: consiliu JAI, criminalistica, experi din statele membre, perspectiva anului
2020, perfecionarea cadrelor i experilor, combaterea criminalitii.

Draft Council Conclusions on the vision for


European Forensic Science 2020 including the
creation of a European Forensic Science Area and
the development of forensic science infrastructure
in Europe
THE COUNCIL OF THE EUROPEAN UNION
BEARING IN MIND the objective of the European
Union of maintaining and developing the Union as an
area of freedom, security and justice, whereby a high
level of safety is to be provided by common action
between the Member States in the field of police and
judicial cooperation in criminal matters,

938

HAVING REGARD to the Treaty on the Functioning


of the European Union, and in particular Articles 87(1)
and 87(2)(a) thereof, which state that the Union shall
establish police cooperation involving the Member
States competent authorities and introduce measures
concerning the collection, storage, processing, analysis
and exchange of relevant information,
HAVING REGARD to the Stockholm Programme1,
which stresses the importance of strengthening mutual
trust between authorities and services in the different
Member States, and paves the way to agreeing on
common standards within the forensic field,

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

CONSIDERING Council Framework Decision


2009/905/JHA on Accreditation of forensic service
providers carrying out laboratory activities2, which
seeks to ensure that the results of laboratory activities
carried out by accredited forensic service providers in
one Member State are recognized by the authorities
responsible for the prevention, detection and investigation
of criminal offences as being equally reliable as the
results of laboratory activities carried out by forensic
service providers accredited to EN ISO/IEC 17025 within
any other Member State, and to achieve this by ensuring
that forensic service providers carrying out laboratory
activities are accredited by a national accreditation body
as complying with EN ISO/IEC 17025,
REAFFIRMING the need to address in a coherent,
comprehensive and efficient way the challenges that
crime poses to societies across the European Union and
the crucial role that forensic science plays in realising the
goal of providing science based, unbiased and objective
information,
REITERATING that forensic science can significantly
contribute to making law enforcement more efficient
and effective, and to preventing and combating crime,
inter alia through increasing the potential for closer
cooperation between law enforcement authorities in the
Member States, while respecting the principles and rules
relating to human rights, fundamental freedoms and the
rule of law on which the Union is founded and which are
common to Member States,
RECALLING the central role of the exchange of
information including biometrics and other data generated
by forensic processes in the prevention of and fight
against crime and criminal activities, and the importance
of Member States supporting, supplementing and
strengthening the free movement of information relevant
to law enforcement as and where appropriate,
CONSIDERING that data resulting from Member
States forensic processes are currently used by law
enforcement authorities on a cross-border basis, or
are integrated in Europe-wide electronic data systems
without reference to any recognised quality standards,
CONSIDERING therefore the need to broaden
confidence in the recognition of the equivalence of each
others standards for the collection, processing, use and
delivery of forensic data, by making these transparent so
as to identify the common minimum quality conditions
under which such data can be acceptable for use by
police and judicial authorities,
RECALLING that forensic service providers in Member
States can operate either as part of law enforcement
agencies or as independent public or private organisations
and individuals,
RECALLING that Europol has developed specific
expertise in the field of forensic science, as it is tasked
to assist Member States through support, advice and
research in the area of technical and forensic methods
and analysis, and investigative procedures,
REAFFIRMING the need to ensure the effective and
appropriate exchange of information regarding scientific
evidence and the increased use of forensic data from

one Member State in the judicial processes of another,


REAFFIRMING the need to offer police and judicial
authorities reasonable assurances that the data which
they are using, irrespective of their origin, meet quality
standards at least equivalent to those applied to national
data, without encroaching in any manner whatsoever on
the autonomy of judicial authorities to assess the evidential
value of the data, the rules of criminal procedure or the
admissibility of evidence,
STATING the ambition to create by 2020 a European
Forensic Science Area that will be an area in which
routine forensic processes for the collection, processing,
use and delivery of forensic data are based on equivalent
minimum forensic science standards, and in which
forensic service providers will work on the basis of a
common approach to implementation of these standards
that fosters closer cooperation between them and the
criminal justice systems,
STATING that the European Forensic Science Area
will also include the following additional aims:

to support and facilitate cooperation between


Member States in relation to forensic science, together
with the sharing of the results of forensic science activities
and the quality of forensic science,

to maintain and improve the quality of forensic


science provided in Member States through the measures
set out in annex,

to support the Member States in developing


approaches which foster closer cooperation between
their individual criminal justice systems and the providers
of forensic services,
EMPHASISING therefore the need to define commonly
accepted minimum forensic science standards for the
collection, processing, use and delivery of forensic data
relating inter alia to data concerning DNA profiles, as well
as dactyloscopic and other biometric data, and to equip
the Union to meet the new challenges that it is facing in
the field of high tech and cyber crime,
CONSIDERING the need to pursue the goal
expressed in Council Framework Decision 2009/905/
JHA of endowing the Union with a modern, world-class
forensic infrastructure capable of supporting crossborder cooperation, in conjunction with legal and nonlegal measures, and guaranteeing a common high quality
level of forensic science, as well as investing in research
and the development of new technologies and innovative
products under the 7th Framework Programme and the
forthcoming Specific Programme on inclusive, innovative
and secure societies under the Horizon 2020 Multiannual
Framework Programme,
RECOGNISING that the European Network of
Forensic Science Institutes (ENFSI) is an important
platform for efficient knowledge exchange, with a view
to developing minimum quality requirements, facilitating
international collaboration and identifying important
systemic needs for the forensic community,
INVITES THE MEMBER STATES AND THE
COMMISSION, in close cooperation with Europol, ENFSI
and other such international organisations as Member
States consider appropriate to present by the end of
June 2013 a detailed action plan to implement the vision

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

939

for European Forensic Science 2020 set out in annex,


taking into account the final project report Safeguarding
the use of expert evidence in the European Union
(JLS/2006/AGIS/058), the final project report Study of
the obstacles to cooperation and information-sharing
between forensic science laboratories and other relevant
bodies of different Member States and between the latter
and counterparts in third countries (JLS/D1/2007/025),
and the Green Paper on obtaining evidence in criminal
matters from one Member State to another and securing
its admissibility (17691/09 COPEN 249 JAI 935),
INVITES THE MEMBER STATES

to raise the level of forensic science by


establishing and developing their relevant forensic science
infrastructure, to ensure the highest quality of forensic
service providers in order to meet the requirements of the
state of art of science and technology, whilst respecting
the rules regarding the protection of personal data,

to designate a single point of contact in their


respective administrations for disseminating information
in relation to the activities developed to implement
these conclusions, including the forensic science
infrastructure,

to engage in the coordination and cooperation of


and between the relevant national stakeholders so as to
ensure that the activities set out in the action plan will be
followed up at national level,

to support and assist the creation and


development of a European Forensic Science Area,
INVITES THE COMMISSION

to consider the adoption of appropriate legal and


non-legal measures to support the activities set out in the
action plan,

to support the Member States efforts to raise


the standards of forensic science products and services
and the efforts of ENFSI, EUROPOL and other such
international organisations as Member States consider
appropriate in creating a European Forensic Science
Area, in particular through appropriate funding measures
in the context of the relevant multiannual framework
programme.
&&&

MURDER AND SUICIDE BY SHOOTING


WITH ATYPICAL FIREARM. FORENSIC
INTERPRETATION AT THE CRIME SCENE
OMOR I SINUCIDERE PRIN MPUCARE
CU ARM DE FOC ATIPIC. INTERPRETAREA
CRIMINALISTIC LA FAA LOCULUI
Experi criminaliti
comisar-ef de poliie Manolescu TEODOR i
comisar de poliie Tocan LEONARD
Abstract
Crime scene research is a set of technical and scientific forensic activities, aimed at
searching, finding, fixing and lifting all types of traces and material means of evidence, which
materially contribute to establish the existence or nonexistence of a fact, circumstances of it,
and to identify the offender or who committed it.
At the crime scene forensic specialists discover a large variety of traces and material
means of evidence in various places, positions and states of aggregation, that only through
an interpretation based on logic, techniques and experiments help to determine precisely the
existence of the act and the circumstances during which it did occurred.
We can say that the interpretation of a forensic evidence is the very essence of the research,
without which the traces discovered and lifted can not be materially linked with each other, to
establish the mental activities of the author/ authors in the criminal field.
ITER CRIMINIS (the road covered by the offender) can be established on the spot only
through a rigorous and complete scientific interpretation of the discovered traces and material
means of evidence.
Forensic interpretation of traces discovered at the crime scene has proved to be extremely
important and decisive in a case where two people were found dead in suspicious circumstances,
in the same house.

940

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

Key words: Crime scene research, interpretation of traces discovered at the crime scene,
forensic examination of the two bodies, forensic examination and radiological.
Rezumat
Cercetarea locului faptei este un ansamblu de activiti tehnico-tiinifice criminalistice, ce
au ca scop cutarea, descoperirea, fixarea i ridicarea tuturor categoriilor de urme i mijloace
materiale de prob, care contribuie din punct de vedere material la stabilirea existenei sau
inexistenei unei fapte, a mprejurrilor producerii acesteia i la identificarea autorului sau
autorilor care au comis-o.
La faa locului specialitii criminaliti descoper o varietate nsemnat de urme i mijloace
materiale de prob, n diverse locuri, poziii i stri de agregare, care numai printr-o interpretare
bazat pe logic, tehnic i experimente desfurate contribuie la stabilirea cu exactitate a
existenei faptei i mprejurrilor producerii acesteia.
Putem afirma c interpretarea criminalistic la faa locului este chiar esena activitii de
cercetare, fr de care urmele descoperite i ridicate nu pot fi puse n legtur material
unele cu altele, pentru stabilirea mental a activitilor desfurate de autor/autori n cmpul
infracional.
ITER CRIMINIS (drumul parcurs de infractor)nu poate fi stabilit la faa locului dect printr-o
interpretare tiinific, riguroas i complet a urmelor i mijloacelor materiale de prob
descoperite.
Activitatea de interpretare criminalistic a urmelor descoperite la faa locului s-a dovedit a fi
extrem de important i decisiv - putem spune - n cazul a dou persoane gsite decedate n
condiii suspecte, n aceeai locuin.
Cuvinte cheie: Cercetarea locului faptei, interpretarea la faa locului a urmelor descoperite,
examinarea criminalistic a celor dou cadavre, examinarea medico-legal i radiologic.

Not long ago, at the outskirts of an urban locality


economically and socially developed the police
was informed about the fact that in a dwelling
situated in a yard two persons, man and woman,
were encountered deceased with blood impresses
on head.
Considering the seriousness of notification, at the level
of Dmbovia District Police Inspectorate, a complex team
of investigation on site, formed of judiciary police officers,
forensic specialists, forensic physician and prosecutor.
The investigation on site was approached on two
working segments:
the first, with external investigation tasks of site
(data verification and gathering information about the
event, data related to the situation previous to the event,
hearings of eyewitnesses etc.);
the second segment (for the internal investigation
of site) consisted in carrying out a technical-scientific
investigation of the environment and the investigation of
the circumstances of event, before, during and after it, by
hearing the persons encountered on site.
Before the coming of the investigation team, an
emergency medical team came on site performing brief
activities by offering first aid, when the death of the two
persons was found out.
The premises where the event took place is a brick
construction, formed of four wagon-like rooms, with
internal hall having access to each room. The hall is
separated on half by a door that delimits the living
space.
In the premises were encountered the son of one of
the deceased persons and his wife, who declared that
during the night they heard strong noises similar to shots,
but without stating exactly their number.
Also, after the noises, they have heard a dog bark in
the yard.
The persons deceased were living in concubinage
for a long time, both being pensioners and with domestic
preoccupations in their own establishment. The man had
some ironware skills, making different tools and devices.
From the data supplied by the persons encountered

in the premises, some suspicions of double murder


appeared, but without emphasizing a real motivation.
I. State of things noticed by forensic specialists.
In a room with a surface of 4x3.5 metres, there were
two wardrobes placed diametrically opposite, a TV
commode situated near the window with view towards
the hall, a small table situated in the centre of the room,
a tile stove and a sofa bed with drawer for linen and

Photo 1. Premises where the event took place.


case shelves. Between the wardrobe on right and the
bed, there was a chair on which different objects were
placed.
The floor is covered with carpet.
On the bed were encountered the corpses of
two persons, the man on right and the woman on
left, diametrically opposed placed, with the following
positions:
the man with the face up, the head placed on the
pillow, oriented towards right. The right hand over the
basin, and the left one near the body, with the palm on
the edge of the bed. The left leg placed with the thenar
over the right one. The corpse was dressed in home
clothes (track-suit-like trousers, shirt and socks).

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

941

the woman - with the face up, the head placed on the
pillow, oriented towards left (on the same direction as the
mans head). We state that the position of the womans
body was changed by the medical team, initially being
encountered with the face towards the door of access
in the room. The legs were open, partly covered by a
quilt and close to the mans body. The left arm far from
the body upward and the right arm away from the body.
The corpse was wearing easy clothes (pyjamas and
wrapper).
On the carpet, on a 0.60 metres distance, there was
a metallic device, formed of one segment of metallic tube
with spring and holder.
On the chair near the bed, on the left of the man, four
hunting-like cartridges were encountered, handcrafted,
non-chiselled, and a handcrafted cartridge case, with
percussion hint. All cartridge cases were wrapped
on rosace with adhesive tape in order to increase the
diameter of tubes to introduce them on barrel.
On the left palm of the man, on the thumb, forefinger
and middle finger, were discovered and sampled

Photo 2. Place and position of corpses.


impresses of smoke and material micro-hints specific to
non-burned powder.
On the mans chest, on thorax area and partly on basin,
were discovered and sampled material micro-hints specific
to non-burned powder, spread on an irregular surface
with the diameter of 50x45 cm. After the investigation on
site, these hints were physically-chemically surveyed,
the conclusions of report acknowledging the data initially
encountered on site.

In the oral region of man were discovered hints of


blood similar to crusts, microcruors and drops, and on the
moustache, the internal sides of lips and on the tongue
were visible material micro-hints specific to non-burned
powder.
Both dental arches
presented
medial
fractures.
In the upper side of
the head, in the vertex
region, the corpse of the
man presented a lesion
strongly impregnated
with blood, specific
to an open cranial Photo 5. Detail in the mouth
region.
fracture. Near it, on the
wall, there was a blood
spot dripping on the floor under the bed, where were
encountered cruors and a pool of blood.
The corpse of the woman presented a lesion in the
occipital region of head, strongly impregnated with blood,
specific to shot cankers, and, opposite to it, in the left
ocular region, there was a strong blood infiltration, with
the tumefaction of ocular arch.
Also, on the blanket situated under the head of
the
woman,
were
encountered
two
metallic elements with a
3 mm diameter, specific
to leads, and fragments
of soft tissue specific to
cerebral mass.
Pursuant
to
the
examination of metallic
device encountered on
carpet, the following
resulted:
Photo 6. Head lesions.

atypical
gun,
handcrafted of two
segments of conduct-like metallic tube with a length of
40 cm;
a pipe segment is used for the introduction of
cartridge and the release of lead hitting, and the second
segment is represented by a percussion mechanism,
formed of a firing pin, arch and cocking lever. Upon the
release of lever from the socket, the pin fixed on it was
hitting aggressively the cartridge capsule, producing
instantaneously the shot;
on the barrel of the device, it was encountered
a chiselled cartridge, having a fissure and microparticles of non-burned powder on the edge of
rosace.

Photo 3. Hints of smoke


and unburned powder.
Photo 4. Unburned powder
on the chest of the corpse.

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Photo 7. Handcrafted gun.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

b) Womans corpse
In the occipital region of head, from the hair bun,
was extracted a plastic cylindrical element specific to
a spit, with metallic elements similar to leads.
The tegument and the skull cap presented a
star shot canker and a circular orifice with trapezoid
internal edges with the great base inside.
In the brain box, the cerebral mass presented
strong lesions on the ascendant track towards the
upper side of brain.

Photo 8. Broken rosace


with chiselled capsule.

Photo 9. Firing pin box.

II Forensic and radiological examination of


corpses.
a) Mans corpse
Both dental arches presented fractures in the medial
area.
In the brain box was noticed a strong fracture of cranial
base, continued with multiple cerebral lesions placed in
form of cone with the base in the occipital region, where
were encountered several spherical metallic elements,
with dimensions ranging between 1.5 and 4 mm, specific
to leads. In the brain box was encountered as well an
extract and a plastic cylindrical element, specific to a
spit.

Photo 15. Spit and leads


encountered in the occipital region

Photo 16.
Shot canker.

Photo 17. Direction,


track and location
of leads in the brain
box, emphasized
on radiological
examination.

III. Forensic and medico-legal interpretation.


Photo 10. Fracture of dental
arcade.

Photo 11. Group of leads


in the brain box.

Photo 12. Leads extracted


from the brain box.

Photo 13. Spit extracted


from brain box.
Photo 14. Direction, track
and location of leads in the
brain box, emphasized on
radiological examination.

a) the womans corpse presented in the occipital


area of head a shot canker, with circular orifice in the
brain box and fragmentation of cerebral mass on the
upper side;
the canker and the orifice were created by a
group of lead bullets, by shooting from small distance
(maximum 5 cm), behind the head and on ascendant
direction;
the position of woman, on the moment of shooting,
was laying on right side on the bed, the right profile of
head placed on the pillow.
b) the corpse of man presented in the mouth, on
median dental arches, a fracture with the laceration of
tissues, and in the brain box a deep fracture of cranial
base and the fragmentation of cerebral mass on a
linear track ending in the right occipital region.
the lesions were created by a group of lead
bullets, shooting after introducing the barrel in the
mouth, upwards towards the superior-right side of the
head.
the position of man, on the moment of shooting
was, laying on the bed on the anterior side of the body
upward, with the head on the pillow, face up;
the handcrafted gun was held with the right palm,
and with the left one he released the holder, moment
when the shot occurred;

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

943

when the shot occurred, the rosace of tube broke,


fact due to an overcharge of explosive substance, which
determined the release with pressure and the spread of
the particles of unburned explosive powder on the chest
of the corpse;
the impresses of smoke and unburned powder on
the left palm emphasize that, on the moment of shooting,
the left palm was in contact with the firing handler of
device and on the track of release of the jet of unburned
powder from the rosace of the tube;
during the first stage, the man shot with the barrel
towards the occipital region of womans head, afterwards
he extracted the chiselled tube, put it on the chair near the
bed and subsequently, he introduced another cartridge
on the barrel, he laid down on the bed, he introduced in
the mouth the barrel and released the firing lever;

Photo 18. The 1st stage. The moment when


the man shoots with the barrel towards the occipital
region of the womans head, in ascending direction.

both deaths appeared instantaneously. In the photo


below, we present the drawings of the stages of the two
shots.

Photo 19. The 2nd stage. The moment when the man
shoots with the barrel introduced into the buccal cavity.

PARTICIPATION TO A PRESTIGIOUS INTERNATIONAL


TECHNICAL-SCIENTIFIC MANIFESTATION
PARTICIPARE LA O MANIFESTARE TEHNICO-TIINIFIC
INTERNAIONAL DE PRESTIGIU
Univ. Prof. Eng. Mircea FIERBINEANU
Legal Technical Automotive Expert
The National Registry Experts Romanian Forensic Association
E-mail: mircea_fierbinteanu@yahoo.com; www.expert-auto.ro; www.experts.ro
Abstract
On 2-4 November 2011, the University of Piteti held the tenth edition of the International
Congress of Automobile, Automobile Engineering and Environment CAR2011 - Jubilee
Edition, sponsored by FISITA, to which I had the honor to be invited to participate with the
article Determination of the car speed due to a frontal impact by decomposing movements
own method - from the Romanian Forensic Association. On this occasion Romanian
Forensic Association awarded certificates of excellence to the following figures: JE
ROBERTSON - FISITA President Gunter HOHL - EAEC President and Vice-President
of FISITA Michael Eugene NEGRU - SIAR President Jerome OLIVE - General
Manager , DACIA - Groupe Renault Sorin BUE - General Manager Renault Technologie
Roumanie Eric RIOU - Le Moteur Moderne - France, member of AVL Group Constantin
STROE - ACAROM President Gheorghe Davidescu - Prefect of Arge County Tudor
PENDIUC - Mayor of Piteti City Gheorghe BARBU - Rector of the University of Piteti
Nicolae PANDREA - President of the Scientific and Technical Committee, member of the
Romanian Academy of Technical Sciences Eng. Prof.. Ion TABACU, PhD. Vice-Rector -

944

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

University of Piteti - Congress Chairman Eng. Prof. Viorel NICOLAE, PhD. Dean of the
Faculty of Mechanics and Technology, University of Piteti - President of the organizing
committee Eng. Prof. Alexander BOROIU, PhD. Head of the Automotive Department,
University of Pitesti Organizing Committee Vice President Prof. Dr. Florian IVAN Eng.
Logistic Organisation & Assoc President Adrian CLENCI Assoc. Prof Dr. Eng. Head of the
Automotive and Transportation Department;.
Key words: impact, motion, speed, energy, equation.
Rezumat
n perioada 2-4 noiembrie 2011, la Universitatea din Piteti a avut loc a zecea ediie a
Congresului Internaional de Automobilism, Ingineria Automobilelor i Mediul nconjurtor
CAR2011 ediie jubiliar, patronat de FISITA, la care am avut onoarea s fiu invitat
i s particip cu tema Determinarea vitezelor de impact frontal ale automobilelor prin
descompunerea micrilor - metod proprie - din partea Asociaiei Criminalitilor din
Romnia. Cu aceast ocazie au fost acordate diplome de excelen din partea Asociaiei
Criminalitilor din Romnia, urmtoarelor personaliti: J.E. ROBERTSON FISITA
President Gunter HOHL EAEC President and Vice-President of FISITA Eugen
Mihail NEGRU - SIAR President Jerome OLIVE General Manager, DACIA groupe
RENAULT Sorin BUE General Manager Renault Technologie Roumanie Eric RIOU
Le Moteur Moderne France, membber of AVL group Constantin STROE ACAROM
President Gheorghe DAVIDESCU Prefect of Arges Country Tudor PENDIUC Mayor
of Pitesti City Gheorghe BARBU Rector of the University of Pitesti Nicolae PANDREA
Preedintele Comitetului tiinific i Tehnic, membru al Academiei Romne de tiine
Tehnice Ion TABACU - Prof. Dr. Eng. Vice Rector University of Pitesti - Congres
Chairman Viorel NICOLAE - Prof. Dr. Eng. Dean of Faculty of Mechanics and Technologie
- University of Piteti - Organizing Committe President Alexandru BOROIU - Prof. Dr.
Eng. Head of Automotive Department - University of Pitesti Organizing Committee Vice
President Florian IVAN - Prof. Dr. Eng. Logistic & Organisation President Adrian CLENCI
Assoc. Prof. Dr. Eng. Head of the Automotive and Transportation Department.
Cuvinte cheie: impact, micare, vitez, energie, ecuaie.
Guests from several university centers from
Romania and abroad participated to this event,
where they presented scientific research topics
developed in the last several years within their
working teams. The Congress was carried out
on several scientific sections.
FISITA (International Federation of Automotive
Engineering Societies) is an independent
organization, representing more than 169,000
automotive engineers around the globe, from 35
countries. FISITA was founded in Paris in 1948
with the purpose of bringing engineers from
around the world together in a spirit of cooperation
to share ideas and advance the technological
development of the automobile. FISITAs mission
is to help create efficient, affordable, safe and
sustainable automotive transportation. We present
the Congresss participation badge:

The reverse of the participation badge


The front side of the
At the Congress plenary session prominent
with the Congresss Programme.
participation badge.
personalities have spoken, among which we
presented the latest cars models. Within the twelve sections
mention:
Brigadier ret. Prof. Gnter Hohl FISITAs Vice- of the Congress, 128 topics were presented, of which 22
belonged to the 46 experts coming from 11 countries from
president for Europe and EAECs President;
Prof. dr. Giovani Cipiola Technical Director of GM two continents (Europe and Asia), and in parallel a section
of posters was displayed, in which 45 such topics were
Powertrain Europe;
Dr. Eng. Sorin Bue General Director of Renault presented (including mine), describing the participants
creation of scientific research and results.
Technologie Roumanie;
During the second day of the Congress, technical site
Dr. Eng. Constantin Stroe President of ACAROM;
Eric Riou Key Account Manager, Le Moteur Moderne visits were organized at two Arges County companies,
which operate in the field of automotive assembly and
France, member of the AVL Group;
construction, namely: Dacia Automobile and its parts from
Frank Kocinski Manager DSPACE;
Univ. prof. dr. Gheorghe Barbu Rector of Pitesti University; Romera Rubber Company.
In the last day of the Congress, five thematics and
Univ. prof. Eng. Ion Tabacu Pro-rector.
The Congresss activities were carried out inside the student forums were organized, chaired by Professor John
Mechanics and Technology Faculty building within Pitesti Fieldhouse from the University of Huddersfield, UK. One
University, and outside the faculty, Pitesti dealerships of the leading events of the CAR 2011 Congress, was the

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

945

last achievements presentation from the team composed


out of teachers and students, working together within the
laboratory Alternative propulsion systems and renewable
energy: a prototype hybrid vehicle.
This team, led by Univ. conf. dr. Eng. Dnu Marinescu,
conducted a series of studies and scientific research
applications that have completed with the transformation
of a Dacia Duster vehicle in a diesel hybrid car electric
plug-in, fully functional, named GRAND HAMSTER
ELECTRICWAY 4WD, which attracted the audiences
interest; news about this achievement being broadcasted
intensively in the local and national media network.
Another creation of the specialists team of the Research
Center Automotive Engineering within Mechanics and

Technology Faculty in Pitesti, is the solar propulsion vehicle.


These two creations are part of the current line of vehicles to
achieve the friendly environment objective, the goal being
expressed during the CAR Congress, by the The car and
the environment topic.
This important scientific event was of great interest,
and resulted in the participation of 280 specialists
from Romania and abroad. After the Congress,
the organizers received many messages in which
participants expressed their appreciation regarding the
logistics for this event and the high scientific level of
the manifestation.

TECHNICS OF PRUDENTIAL SUPERVISION


IN THE FIELD OF PREVENTION AND COMBAT
OF MONEY LAUNDERING
TEHNICI DE SUPRAVEGHERE PRUDENIAL N MATERIA
PREVENIRII I COMBATERII SPLRII BANILOR
Phd. student ELENA GEORGESCU
Head of Division Supervision Department
National Bank of Romania
Abstract
Fighting money laundering has been given top priority at European Union level. An
appropriate strategy for this fight requires a better understanding of this criminal threat.
Therefore, effective supervision is crucial for the success of a countrys AML/CFT system.
To this purpose, recent developments in international and EU standards have determined
a convergence toward a risk-based approach to AML/CFT. The new approach promotes
the prioritization of effort and activity by reference to the likelihood of money laundering and
reflects experiences and proportionality through the tailoring of effort to risk. New tools and
methodologies have been developed to support the new approach and in the long run, the
effectiveness of the supervisory system is still challenged. .
Key words: supervision, effectiveness, anti money laundering/combating financing
terrorism (AML/CFT), risks, financial stability.
Rezumat
Combaterea splrii banilor este o prioritate la nivelul Uniunii Europene. O strategie
potrivit pentru aceast lupt necesit o mai bun nelegere a acestei ameninri
infracionale. Prin urmare, supravegherea eficace este crucial pentru succesul unei ri n
combaterea splrii banilor i combaterea finanrii terorismului (AML/CFT). n acest sens,
evoluiile recente la nivelul standardelor internaionale i UE au impus tendina spre o
abordare bazat pe evaluarea riscurilor AML/CFT. Noua abordare promoveaz prioritizarea
eforturilor i aciunilor n direct legtur cu evaluarea riscurilor, n concordan cu experiena
i canalizarea eforturilor. Noi instrumente i metodologii au fost dezvoltate pentru a sprijini
noua abordare pe termen scurt i lung, eficacitatea sistemului de supraveghere fiind n
continuare contestat.
Cuvinte cheie: supraveghere, eficacitate, combaterea splrii banilor / combaterea
finanrii terorismului (AML / CFT), riscuri, stabilitate financiar.
1. Short preliminary specifications. The deepening of
the inter-connectivity between the financial markets and
the liberalization of the capital transfers at the crossborder level, have been, together with the deregulation
and the pursuit of profit phenomenon characterizing the
financial institutions, favorable factors for the growth
of financial crime. In the last decades, the globalization
was accompanied by a growth of the underground
economy at national and cross-border level, fueled by

946

illicit businesses such as: drug traffic, human trafficking,


traffic with human organs and armament as well as
prostitution, criminal activities that have generated
huge profits and have determined the need to intensify
the money laundering operations. Specialized studies
show that among the financial crimes with the biggest
negative influence on the financial stability, are those
crimes regarding money laundering and the financing
of terrorism.

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

The money laundering phenomenon has been in the


attention of the international and regional organisms, issuers
of technical standards in the field of combating financial crime,
ever since the appearance of its first scourge. The legal and
regulatory frameworks, as well as the good-conduct practices,
have been constantly improved over the years, in the attempt to
line them up with the new money laundering and the financing
of terrorism techniques, and to coordinate them with the new
techniques used by the supervisory and regulatory authorities.
The recent financial crisis has generated, however, a series
of challenges for the governments and the financial market
supervisory authorities, which were forced to identify the most
appropriate solutions for maintaining the financial stability
and reestablishing the publics trust in the financial systems.
In this context, new vulnerability zones appeared, at the level
of the financial market operators in general, and the banking
market operators specifically, which, while trying to identify
cheaper and easier means of obtaining financing sources, have
reduced their vigilance concerning the origin of those sources.
When conducting a less profound analysis, this tendency does
not present very serious reasons of concern, but in lack of a
prompt reaction from the supervisory authorities for detecting
and adequately penalizing such practices, the phenomenon
can have disastrous consequences on the financial stability of
a state. Given this background, one can see the importance of
the two components, respectively the existence of a legal and
regulatory framework, coherent and comprehensive in regard
to combating money laundering (Anti Money Laundering - AML)
and an effective prudential supervisory activity of the financial
market.
The origin of the term money laundering dates from the
period of the prohibition from the United States of America,
when the leaders of the mafia groups from Chicago, such as Al
Capone and Bugsy Moran, had opened car washes in order to
hide and amalgamate with legitimate funds, the money obtained
from alcohol commerce and other criminal activities. Among
the opinions found in the specialized literature1 , there are also
some notable ones, which claim that even in antiquity some
merchants were practicing, as a method of protecting the sums
obtained in a less honorable manner, the hiding of fortunes in
provinces or states where they would not be questioned about
their source. Such practices continue in the medieval era as
well, when the merchants and usurers were concealing their
interests to the given loans, through different techniques, so
that later these interests could be invested in transparent
activities which provided honest profits, the usury being
considered a crime and a capital sin by the Catholic Church
and condemned as such. Even if these activities may seem to
not have any connection to the money laundering operations,
one must remark the existence of similarities between the
mentioned steps and the ones that take place in the classical
money laundering process, respectively: concealing the gains
and their movement and investing in activities which give them
a licit character.
The traditional definition2 of money laundering dates from
the year 1984 and consists in the process through which the
origin of the profits obtained from an illegal source or through an
illegal activity, is concealed so that the illicit funds (dirty money)
appear as being licit or as coming from legal sources. Money
laundering is obviously strongly related to the underground
economy and implies the carrying on of activities which infringe
the legal norms in order to obtain revenues which cannot be
controlled by the states organs. The money laundering crime
implies committing a prior crime, known in the specialized
literature as a predicate offense or primary, premise, which
concludes in illicit gains.
Although the specialized literature does not consecrate, for
the money laundering model, a general recognition procedure,
since the methods used are extremely complex and diverse, in
time a traditional achievement model was drafted. Thus, during
the high level meeting from Arche, Pars, from 14-15 July 1989,
the experts of the Financial Action Task Force (FATF) have
established a timeline, which became classical, regarding the
stages of the money laundering operations, respectively:

a. The placement (pre-laundering) consists in the physical


movement of the revenues obtained from the illicit activity, for
the separation from the source. This phase implies the handling
of a large quantity of cash, resulting in the requirement of
reporting the cash transactions by the banks.
b. Stratification (main laundering) represents the laundering
of source illicit revenues, by creating complex layers of financial
transactions meant to annihilate the control possibilities, with
the purpose of concealing the real origin.
c. Integration (drying, recycling) in which one tries to
confer an apparent legality to the revenues obtained from
criminal activities, by investing them in legal businesses and
their mixture with licit revenues.
The problem of the AML phenomenon has caught the
attention of the states and international organizations, as
being a key element in maintaining the solidity and viability of
the banking systems, after the year 1980. In this context, the
following question is only normal: why is it necessary to combat
money laundering?
The answer to this question implies a retrospective analysis
on several levels, out of which, given its interest in our study,
we mention the one which is relevant to the objective of
maintaining financial stability. Therefore, we will further analyze
the economical implications induced by the money laundering
operations. From this point of view, we must consider the attack
which the money laundering activities make on the principles
for the well-functioning of the market economy and on the
integrity of the financial markets, at global level, as well as at
the level of each financial institution. The growing complexity
of the means used for the carrying on of the money laundering
operations, together with the value size involved, has lead to
their qualification as a serious problem at global level, by the
management of the International Monetary Fund.
2. The impact of money laundering operations on
a states financial stability. The efficient functioning of
the financial system of a state is strongly dependent of
the trust placed in it and of the conviction that the high
ethical, professional and legal standards which govern
the states activity are respected. The money laundering
operations and their associated predicate offenses can be
a great threat to a states financial stability. The specialized
literature is generous in regard to this problems approach,
although the means identified, through which the financial
stability can be undermined, are far from being depleted.
In the following, we present the most important ways3
through which money laundering and predicate offenses,
threaten a states economy and the financial stability:
Stopping the access to the global financial markets
the incapacity of a state to manage the risks generated by
the implication of the financial system in money laundering
operations, leads ultimately, to the apparition of some negative
consequences, materialized in the reduction, until the stopping,
of the financial institutions access to the financing from the
international financial market. Therefore, a practice which has
become frequent, consists in the national supervisory authorities
to prohibit the banks from having correspondent relations or
from carrying on transactions with financial institutions located
in jurisdictions in which the legal and regulatory framework in
the field of money laundering and the financing of terrorism, is
weaker or inferior to that from ones jurisdiction:
Destabilization of the flow of inputs and outputs
because of the money laundering activities, a significant level
of products resulted from criminal activities are directed to the
credit institutions from a country, using means which destabilize
them. Such flows can be both at cross-border level, as well as
at national level, and when the illicit transactions are meaningful
as opposed to the dimension of the financial sector from a state,
they can affect its solidity;
Difficulties in exercising the supervisory activity of the
financial sector the presence of a significant money laundering
activity in a certain jurisdiction, can contribute to the aggravation
of the issues regarding the integrity of the supervisory system
of a countrys financial sector. Therefore, in case a systemically
important financial institution is owned or controlled by criminal

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

947

groups, the authorities can have difficulties in supervising it or


in identifying the significant risks before they materialize and
the financial stability is undermined:
Corruption the goods resulted from great acts of
corruption represent one of the most important sources of the
funds which become subject of laundering.
No matter the locations, these represent the key element
of the illicit financial flows turned towards the credit institutions,
which are thus exposed from the reputation point of view. Also,
they represent a real threat for the small dimension off-shore
financial centers, as well as potential destabilized exit flows
from the source country.
3. The regulatory framework decisive factor in the
fight against financial crime. The international organisms
with attributions in issuing technical standards and
recommendations, as well as the institutions from
dedicated structures from the European Union, have
understood the crucial importance of the existence, at
the level of each state, of effective mechanisms for AML
and CFT (Combating Financing of Terrorism), not only for
the protection of the integrity and stability of the financial
system4 , but also for guaranteeing the use of public funds
mobilized as a result of the financial crisis, in order to
counteract the devastating effects of the recent financial
crisis and reestablish the publics trust in the financial
systems. As we have showed in the previous sections,
the regulatory framework has been continuously revised
and adapted in relation to the evolutions registered at the
financial systems level, regarding the financial innovation,
the enhancement of the operations dimension and the
presence of cross-border banking groups and also
regarding the identified techniques related to the illicit
practices from the field of financial transactions.
Evolutions within the regulatory framework
Looking in retrospective, at the E.U. level, there have
been elaborated a series of directives in the field of preventing
and combating money laundering, their provisions requiring
continuous revision in order to ensure a more accurate
attunement with the FATF Recommendations in the field.
Landmarks regarding FATF:
Members and network FATF was founded in 1989 by
the government representatives of the G7 states. The number
of members has increased since the founding date, from
14 states to 34 de jurisdictions in 2011. The FATF activity is
completed by that carried on by 8 FATF regional organisms
style regional bodies (FSRB) whose members include another
146 jurisdictions.
Recommendations The 40 + 9 FATF Recommendations
(40 refer to the Anti-Money Laundering measures - AML, and
the 9 special recommendations target the Combating Financing
of Terrorism - CFT) constitute the international standards in
the field of combating money laundering and the financing of
terrorism. The 40 AML recommendations issued in 1990 were
successively revised in 1996 and 2003. There were initially
8 CFT recommendations, which became 9 in October 2008.
They cover a large palette of issues in this field, including the
regulation of the services provided by the financial institutions,
the non-financial activities and professions, the cross-border
cash transfers, the transparency of legal persons, basic and
procedural aspects of the criminal law, the institutional capacity,
the sanctioning regime and the internal and international
cooperation.
Peer-review, analysis subsequent transparency and
monitoring The requirement addressed to its members, of
periodical mutual evaluations which would reflect the status of
the implementation of its standards (the given ratings being: C
Compliant; LC Largely Compliant; PC Partially Compliant;
NC Non-Compliant and N/A Non Applicable), the publishing
of the results of these evaluations, as well as the periodical
debate of the progress registered by each jurisdiction in solving
the identified vulnerabilities and deficiencies, was introduced
for the first time by FATF5 . These practices were subsequently
followed by other international organisms, such as: Financial

948

Stability Board (in relation to the implementing of the Basel


Core Principles, International Organization of Securities
Commissions).
Thus, the AML First Directive (1991/308/EC) has
implemented at E.U. level, the 40 FATF Recommendations.
Subsequently, through AML Second Directive (2001/97/EC),
the range of the AML First Directive was broadened in order
to include the non-financial activities as well. This directive
also proved the necessity of being revised, first in order to be
attuned with the new FATF Recommendations, which were also
revised in 2005 and second, in order to ensure the adjustment
to the new legal framework, with the most recent evolutions
registered on the financial markets. Therefore, the AML Third
Directive (2005/60/EC) ensures the implementation in the E.U.
legislation, of the revised FATF Recommendations, considers
the new risks and practices developed from the Second
Directives date of approval, replacing the First Directive,
modified by the Second Directive.
The implementation process of AML Third Directive
has proven the necessity of the unitary practices for its
implementation at E.U. level. Thus, art.40 from the Directive
empowers the European Commission, through the Committee,
regarding the prevention of money laundering and the financing
of terrorism, to adopt implementation measures for a series
of provisions included in the AML Third Directive, provision
materialized in the issuance of the AML/CFT Directive (2006/70/
EC) for implementing the AML Third Directive.
The regulatory framework in the field on AML and CFT,
established through the E.U. directives mentioned above, was
subsequently completed as a result of the issuance of two new
directives, respectively:
Directive 2007/64/EC6 of the European Parliament and
of the Council from 13 November 2007 regarding the payment
services from the internal market through which the payment
institutions are being introduced in the regime subject to the
regulation in the field of preventing and combating money
laundering and the financing of terrorism;
Directive 2009/110/EC7 of the European Parliament and
of the Council from 16 September 2009 regarding the access to
the activity, the carrying on and the prudential supervision of the
institutions issuers of electronic currency by which, among
others, the modification of the credit institution notion is made.
3.1 Directive 2005/60/EC and Directive 2006/70/EC turn
point elements8 in the approach of the prudential supervisory
activity in the field of AML/CFT
3.1.1. Directive 2005/60/EC. The third Directive resumes
the provisions of the prior Directives in the field of AML/CFT and
introduces a new system which is wider and more complex (47
articles as opposed to the 18 articles from the previous Directive),
being in accordance with the FATF Recommendations. Also,
the Third Directive moves from compliance to the risk based
approach, from Know Your Customer (KYC) to measures
and procedures for the identification of customers, introduces
procedures for the identification of persons who are not
physically present and introduces the notion of intermediary,
establishes reporting obligations and Financial Intelligent Unit
(FIU), as well as internal and compliance procedures. The main
novelty items brought by the Third Directive are as follows:
the expansion of the field by including the financing of
terrorism;
the predicate offense of money laundering include all the
severe crimes;
the institutions and persons subject to the Directive were
extended by including the trusts, providers of services and
intermediaries in the field of assurances, while the category
containing persons with large turnovers, were replaced with all
the suppliers of goods who make cash payments of at least
15.000 EURO;
the obligations regarding knowing your customer (KYC)
were enhanced for the solicitant, as well as for the real
beneficiary under the new concept regarding the requirements
for customer identification;
new procedures were introduced for the institutions and
persons subject to the Directive, based on a third party applying
the customer identification requirements in certain conditions;

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

introduction of the risk based approach for the customer


identification, together with the extension of the applicable
measures and the adoption of some simplified and deepened
procedures;
the FIU attributes and functions are regulated;
prohibiting the disclosure of information regarding the
reports of suspicious transactions and the derogations in certain
conditions and circumstances;
the necessity of systems which can rapidly and completely
respond to the solicitations made by the relevant competent
authorities, at the level of financial and credit institutions.
Among the implementation measures for the provisions
of the Third Directive, there were also technical aspects
established regarding certain definitions (art.3), as well as some
technical criteria for low risk situations (art.11.2, art.11.5), high
risk situations (art.13) and for occasional exemption or limited
basis of the financial activity (art.2.2).
The Third Directive offers a broader definition of the criminal
activity, but establishes the minimal approach which must be
followed in the establishment of the severe crimes, while the
40 FATF Recommendations establish criteria which the states
must use when elaborating their own list with predicate offenses
from the categories of crimes specified in the Glossary.
The terms propriety (art.3.3) and business relationship
(art.3.a) are defined in the Third Directive, these phrases not
being mentioned in the Glossary of terms of the 40 FATF
Recommendations.
The Third Directive allows the member states to exercise
the option to apply or impose stricter AML/CFT provisions,
while within the FATF Recommendations there are no similar
provisions.
In the Third Directive, the legal persons can be held
responsible for its violation, made for their benefit by an
employee holding or not a responsible position, as a result
to an inappropriate supervision, while in the 40 FATF
Recommendations the criminal liability targets the legal persons
and, where it is not possible, the civil or administrative liability
(Rec.1 and Rec.17).
3.1.2. Directive 2006/70/EC
Among the novelty items brought by the E.U. Directive
2006/70/EC from 01 August 2006, there are also the definition
for the politically exposed persons (PEPs) (art.2), the
introduction of technical criteria for the simplified procedures
regarding the identification of the customers, for the exemption
of some financial activities, occasionally or on a limited basis,
the possibility for the Member States, in agreement, to attribute
the status of Equivalent Third Party State.
4. The Romanian legal framework in the field of AML.
In order to establish the measures for the prevention and
combat of money laundering, as well as measures regarding
the prevention and combat of the financing of terrorism
acts, at national level, Law no. 656/2002 was adopted
for the prevention and sanction of money laundering as
well as for establishing measures for the prevention and
combat of acts of terrorism, modified and completed by
Law no.230/2005, Law no.36/2006, Emergency Government
Ordinance no.53/2008, published in the Official Gazette of
Romania no.333/30.04.2008, as well as by the Government
Decision no.594/04.06.2008 regarding the approval of the
Regulation for the application of the provisions of Law
no.656/2002 for the prevention and sanction of money
laundering, as well as for establishing measures for the
prevention and combat of the financing of terrorism acts.
Therefore, through Law no.656/2002 there are transposed,
at national level, some provisions from the European Parliament
and Council Directive 2005/60/EC from 26 October 2005
regarding the prevention of the use of the financial system with
the purpose of money laundering and the financing of terrorism,
as well as of the art.2 of the European Commission Directive
2006/70/EC from 1 August 2006 regarding the establishing of
measures for the application of the European Parliament and
Council Directive 2005/60/EC regarding the definition for the
politically exposed persons and the technical criteria for the
application of the simplified precaution provisions regarding the

customers, as well as for the exoneration based on a financial


activity carried on occasionally or on a very limited basis.
The Emergency Government Ordinance no.53/2008
introduces the notions of politically exposed persons (PEPs)
and real beneficiary. Therefore, in the context of the regulation
mentioned, the politically exposed persons (PEPs) are
individuals who exercise or have exercised important political
functions, direct members of their family, as well the persons
publicly known as being close associates of individuals who
exercise publicly important functions. The real beneficiary
represents any individual who owns or controls eventually the
client and/or individual in the name of or in whose interest a
transaction or operation is made directly or indirectly.
Also, there was a modification regarding a minimum reporting
limit to the National Office for the Prevention and Combat of
Money Laundering, from 10.000 EURO to 15.000 EURO and
there were introduced measures for KYC, differentiated on the
risk degree, respectively:
1. standard measures (standard due diligence);
2. simplified measures(simplified due diligence);
3. enhanced measures(enhanced due diligence).
The new regulatory framework in the field of AML/CFT
consists in 3 types of measures for KYC, respectively:
1. Standard measures (standard due diligence) which
are applied in the following situations:
a) when establishing a business relationship;
b) when making occasional transactions for amounts of at
least 15.000 EURO or equivalent, regardless of whether the
transaction is made through one operation or more operations
which seem to have a connection between them;
c) when there are suspicions that the operation at cause
has as purpose money laundering or the financing of terrorist
acts, regardless of the incidence of the derogatory provisions
from the obligation of applying the standard measures for KYC,
established in the said law and regardless of the operations
value;
d) when there are doubts regarding the veracity or the
pertinence of the identification information already known about
the client;
e) when buying or exchanging chips in casinos, whose
value represents the equivalent in RON of 2.000 EURO.
These measures are also applicable in the case of
externalized activities or in the case of activities carried out
through agents (specialized banks) and are applied to all the
new clients, and as soon as possible, based on risk, to the
existent customers.
2. Simplified measures (simplified due diligence) that
are applied in the following situations:
a) in the case of life insurance policies, if the premium or the
annual installments are lower or equal to the equivalent in RON
of 1.000 EURO or if the paid single premium is lower than the
equivalent in RON of 2.500 EURO. If the periodical premiums
or the annual payable amounts are or will be raised so that they
would be higher than the equivalent in RON of 1.000 EURO,
respectively 2500 EURO, the standard measures for KYC will
be applied;
b) in case of acts of accession at pension funds;
c) in case of electronic currency defined in accordance
with the law, in the situations and conditions provided by the
regulation to the said law;
d) in case the customer is a credit or a financial institution,
as presented in art.8, from a Member State of the European
Union or of the European Economic Area, or by case, a credit
or financial institution from a Third Party State, which imposes
requirements similar to the ones provided by the said law and
supervises them in regard to their application;
e) in other cases and conditions, referring to customers,
operations or products, which present a low risk regarding
money laundering and the financing of terrorist acts, provided
by the regulation for implementing the said law.
3. Enhanced measures (enhanced due diligence)
which are applied in the following situations:
a) in the case of persons who are not physically present
when carrying out the operations;
b) in the case of correspondent relationships with credit

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

949

institutions from non - E.U. Member States or from states that


do not belong to the European Economic Area;
c) in the case of transactions or business relationships with
politically exposed persons, who are residents in another E.U.
Member State or in a state from the European Economic Area
or from a Third Party State;
d) in any other cases which, by nature, present a high risk
for money laundering or the financing of terrorism.
For the non-banking credit and financial institutions
registered in the Special Register, the course for implementing
the provisions of the law are verified and controlled, within
the work attributions, by the prudential supervisory authority.
Furthermore, the finding of contraventions and the application
of sanctions are made by the empowered representatives
specially appointed by the prudential supervisory authority.
Also, among the novelties brought by the Emergency
Government Ordinance no.53/2008, one can also find the
appointing of the National Bank of Romania as an authority
responsible for the supervision of the complying, at the level
of the non-banking credit and financial institutions registered
in the Special Register, with the provisions of the European
Parliament and Council (EC) Regulation no.1781/2006 regarding
the information related to the payer which accompanies the
transfers of funds, and for the application of sanctions in case
of not complying with its provisions.
Regulation 1781/2006/EC establishes a uniform legal
framework applicable to all the transfers of funds at the European
Union level, which ensures the tracing of the origin of the
monetary flows in order to allow the competent authorities from
the Member States to prevent and combat money laundering
and the financing of terrorism, establishes the obligations of
the providers of payment services, establishes the applicability
of the provisions for all the transfers of funds in any currency
transmitted or received by the providers of payment services
at the E.U. level. Also, according to it, any transfer of funds,
regardless of the amount, must be accompanied by the
name, address and account number of the person who made
the transfer, information made available for the competent
authorities only for the purpose of preventing, investigating and
detecting money laundering and the financing of terrorism.
Although the Regulation mentioned has direct applicability
in the national law, it institutes the obligation of the Member
States to regulate in their own jurisdiction, the sanction regime
applicable for the entities which are subject to its regulation.
The novelty items introduced by it target:
a) Transfers within the E.U.
- in the context that at the E.U. level, an integrated payment
system is being built, in the Regulation there is no distinction
made between the transfers from within a Member State and
those made between the E.U. Member States;
- establishes a simplified regime, which imposes only the
necessity of transmitting the payers account number, while
the other information regarding the payers and receivers
names and addresses, the invoices number, etc. is collected,
registered and made available in three days from the date of
the request;
- establishes a clear dead-line in which the banks from the
E.U. must reconstitute, when they are requested to, all the
necessary information, respectively in a three days period.
b) Cover payments
- represent a new initiative in the field of payment systems,
which targets the enhancement of the transparency of the
payment messages and the sustaining of the efforts made at
global level, for the prevention of fraud. The processing of the
electronic cross-border transfers often implies the participation
of more than two financial institutions. Therefore, along side the
payers and the beneficiarys banks, there are often other banks
involved. It is a common practice between the correspondent
banks, usually in order to facilitate the international transactions.
These are payments that, because of a lack of correspondent
relationships with the beneficiarys bank, need for their covering,
to use other intermediary correspondent banks.
- introduces advantages for the credit institutions,
considering that the format of the standard messages does not
ensure transparency for the intermediary banks who execute

950

the transfers. This fact indicates a series of problems regarding


the risk that such messages could be used in order to hide the
name of the parties involved in the transaction and the capacity
of the intermediary banks to fulfill their obligations.
c) Outflows
Regulation 1781/2006/EC establishes that the outflows from
the E.U. states must be accompanied by complete information
regarding the payer in order to ensure an optimum and low cost
functioning of the system, the responsibility for the provision
of all the information belonging to the bank from which the
transaction originated.
d) Inflows
Regulation 1781/2006/EC establishes for inflows, regardless
of the amount implied, that the providers of services from the
E.U. must analyze the information regarding them and refuse
any transfer in case the paying bank does not provide the
necessary information. At the time, the non- E.U. banks are
unable to provide complete information within 3 days.
5. The effectiveness of the prudential supervision in the
context of the new demands of the technical standards in
the field of preventing and combating money laundering.
The international community has admitted the advantages
of the wide access to the financial services9 . Money
laundering is a very serious crime which affects the
economy as a whole and brings about a series of threats
to the financial system. To this purpose, the worlds states
have committed to fight against this scourge, a first step
consisting in the adoption of the afferent legislation in
the field of AML/CFT. The statistics associated to the
investigated period, respectively 2004-2011, demonstrate
however, that it is easier to adopt the legislation in this
field and even to institute the authorities responsible for
the managing of this issue, than to ensure the functioning
on a continuous basis of the functions of the system. The
conformity degree10 with the FATF Recommendations can
be presented as follows:
- in the case the Recommendations that assess the
incrimination of money laundering and the financing of terrorism
the compliance degree is relatively high, respectively 45,1%;
- in the case of the Recommendations that assess the
solidity of the institutions involved in the managing of the AML/
CFT issue (Financial Intelligent Unit FIU, the supervisory
authorities and the police and the law enforcement authorities)
the compliance degree is of 50,6%;
- in the case of the Recommendations that assess the
solidity of the preventive measures at the level of the financial
institutions - the compliance degree is low, respectively of
only 40,1 % , while for the liberal professions and for the nonfinancial activities it is even lower;
- a distinctive particularity regarding the functionality of the
system consisted in the fifth Recommendation the measures
for KYC in the case of financial institutions with a very low
compliance degree, of only 22,1%;
- in the case of Recommendations which assess the area
of the international cooperation the compliance degree is of
22,1%;
- in the case of Recommendations which assess the
adequacy of the transparency of the legal persons and of the
legal arrangements - the compliance degree is relatively high,
respectively of 40,1%.
The harmonization of the approach of the national supervisory
authorities with the new requirements of the standards in the
field of AML is not easier to accomplish. The modification of
the perspective regarding the carrying out of the activity from
the compliance approach to the risk based approach created
the premises for the improvement of the supervisory act. The
risk based approach has as purpose the examination of the
adequacy and of the efficiency of the system for the prevention
and combat of money laundering and the financing of terrorism,
based on the assessment of the risks for client/transaction and
based on the appropriate application of the measures for KYC,
consisting in 2 stages:
- the identification of the risks afferent to the customers, as
well as to the products and services;

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

- the administration of risks implies their quantification,


monitoring, as well as their control;
Among the advantages of this new approach of the
supervisory activity, one can notice:
- maintains the flexibility necessary in order to consider
the specifications of each state but, at the same time, the
uniformity between jurisdictions and the effectiveness, implying
an inversely proportional growth of the general implementation
costs;
- obligates the financial institutions to approach the issue
regarding the prevention and combat of money laundering and
the financing of terrorism acts from the risk based perspective;
- offers a less rigid supervision alternative;
- allows the financial institutions to ensure an efficient
identification and managing of risks.
However, there are a series of challenges generated by this
new approach, among which some of the most important are:
- the necessity for the existence of an expertise required for
the assessment and administration of risks;
- the diversity of the many approaches implies a more
complex assessment that is to be made by the supervisory
authority;
- difficulties in probing the existence of some dysfunctions
in the mechanisms for the managing of risks and within their
administration, and as such, in placement of some deeds that
should be sanctioned;
Also, there is a series of risks associated with the operations
of money laundering that must be the base for designing the
framework for the administration of the risk at the level of
each credit institution, while considering its risk profile and the
complexity of the activities carried out, as well as considering its
dimension. These risks11 refer to:
- legal and conformity aspects;
- reputation;
- operational aspects or regarding the transactions carried
out;
- strategic aspects and
- liquidity.
An effective banking supervision implies, in our opinion,
the existence of an adequate regulatory framework and a
permanent coordination and cooperation between the credit
institutions supervised and their supervisory authority. In this
respect, the supervisory authority is subject to the principles
of the corporative governance, respectively: the independence,
responsibility, the right of obtaining the information necessary for
the carrying on of the activity, the authority to issue regulations,
impose measures and apply sanctions. Also, the supervision
framework regarding AML must include both forms of carrying on
of the supervisory activity, respectively the on-site supervision
and the off-site supervision. The protection against abuses
of the banking system through criminal activities is ensured,
firstly, by the credit institutions, while the supervisory authority
intervenes as an extension of this first filter.
The activities of money laundering can be made12
through the active cooperation of the intermediaries (financial
institutions) and by carrying on of these operations without the
knowledge of such institutions.
The first mentioned situation, leads to a real process of
occupation by the criminal networks of the activities of the
institutions which act as intermediaries on the financial markets,
these being used not only for the money laundering operation
itself, but also for other core activities (e.g. the crediting activity
etc.) bringing a serious attainment to the classic purpose for
which they are authorized.
In the second situation, when the financial institution does
not know that at the basis of some transactions carried on
through it there are funds from criminal activities, the sums thus
implied penetrate the financial system, so that they can later be
used without any restrictions. In this case, the main role in the
detection process clearly belongs to the credit institutions, while
the protection network13 includes the following complementary
elements:
- KYC the identification and knowing of the customer
represent the key elements in maintaining the connection
between the client and the transaction;

- registering the route of the funds keeping the documents


referring to the transactions carried out and the cooperation
with the supervisory authorities make possible the highlighting
of the entire string of transactions, as well as the highlighting of
the connection between the client and the initial transaction;
- reporting of the suspicious transactions informing
the authorities regarding the transactions that might have a
connection with the predicate offenses of the money laundering
operations, makes possible the execution of financial analysis
by cross verifying with other information sources.
In regard to the supervisory authority, its role intervenes
starting with the process of authorizing the entering on the
market of a bank, when it verifies the compliance of the rules
established in relation to the transparency of the shareholders
structure, the reputation of the management, the existence
of adequate processes of internal control and of procedures
afferent to all the activities carried on. Subsequently, during the
carrying on of the activity, the supervisory authority ensures
the maintaining of an adequate structure of the shareholders
of financial institutions, of a management formulae which is to
respect the reputation requirements, the professional training
and experience as a premise of an adequate managing of the
significant risks to which a credit institution can be exposed,
among which the operational risk can be found, with its main
component being the risk of fraud and money laundering.
Given the fact that the supervisory authority does not have the
human resources to ensure that the internal control procedures
regarding the prevention of the carrying on of an improper
activity, including in the field of money laundering, are complied
with continuously, this role must certainly be assumed by the
management of the credit institutions.
Note
1. . Popa, G. Drgan , Splarea banilor i finanarea terorismului
ameninri planetare pe rute financiare, Expert Publishing, Bucharest,
2005, p.9
2. A. Insam, et al Suspicion of Money Laundering In the Crossfire
of International Due Diligence Obligations, Intersentia, Vienna Graz,
2006, p.225
3. International Monetary Fund, Anti-Money Laundering and
Combating Financing of Terrorism (AML/CFT) Report on the Review
of the Efectiveness of the Program, Washington D.C., May 2011, p.
28
4. R. B. Johnston, O. M. Nedelescu, The impact of terrorism on
Financial Markets, Vol.13, Journal of Financial Crime, 2006, p. 7-25
5. IMF, Legal Department, Report on review of the efectiveness of
the Program 2011, p.6
6. Directive 2007/64/EC of the European Parliament and of the
Council from 13 November 2007 regarding the payment services from
the internal market, for modifying Directives 97/7/EC, 2002/65/EC,
2005/60/EC, i 2006/48/EC and for abolishing Directive 97/5/EC, with
a deadline for transposition into the national legislation 1 November
2009
7. Directive 2009/110/EC of the European Parliament and of the
Council from 16 September 2009 regarding the access to the activity,
the carrying on and the prudential supervision of the institutions issuers
of electronic currency for modifying Directives 2005/60/EC and 2006/48/
EC and for abolishing Directive 2000/46/EC
8. Elena Georgescu, Landmarks of the community legislation in the
field of prevention and combat of moeny laundering premises for the
efficinecy of prudential supervision (Repere ale legislaiei comunitare
n domeniul prevenirii i combaterii splrii banilor - premise ale
eficientizrii supravegherii prudeniale, volum I, Editura Economic,
Bucharest, 2008, p.15
9. D. Kunt, A. T. Beck, P. Honohan. Finance for all? Policies
and pitfalls in expanding access, The World Bank , 2008, Foreward
p. XI . Material available at:http://siteresources.worldbank.org/
INTFINFORALL/Resources/4099583-1194373512632/FFA_book.
pdf
http://econ.worldbank.org/WBSITE/EXTERNAL/EXTDEC/
EXTRESEARCH/EXTFINFORALL/0menuPK:4099731~pagePK:6416
8092~PK:64168088~the SitePK:4099598,00.html.
10. Ibid. , p.43-44
11. P. L. Chatain, et al. Preventing Money Laundering and Terrorist
Financing A Practical Guide for Bank Supervisors, The World Bank,
2009, p.25
12. Ibid, p.6
13. R. Pratt, How to combat Money Laundering and Terrorist
Financing, Central Banking Publications Ltd., London, 2005, p.34

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952

FORENSIC SCIENCE NO. 1 (79), FEBRUARY 2012, VOL. XI

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