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Based on Government Decision

no. 404/2006, the approval of the
Romanian Agency for Quality
Assurance in Higher Education
and of the Ministry of Education,
Research and Innovation, Romanian
University of Sciences and Arts
Gheorghe Cristea, Bucharest,
in partnership with the National
Forensic Institute in Romania
within the General Inspectorate of
Romanian Police,organizes a MA in
Forensic Science, on two years (four
semesters).
The experience during the previous
six series of graduates shows that the
master was an effective form of training,
theoretical work is harmoniously
combined with practical applications
in the laboratories of the National
Forensic Institute and of its territorial
departments, to which were added
scientific
researches,
conducted
under the guidance of professors and
specialists with experience in forensics.
For the Ninth Series (2011-2013),
admission is between 1 to 28 September
2011 at the Romanian University of
Sciences and Arts Gheorghe Cristea,
located in Energeticienilor Boulevard
No.9-11, District 3, Bucharest.
On 29 and 30 September 2011
admission examination will take place,
which will consist of a written work,
candidates will prepare the topics

covered in Forensic classes in law
faculties.
To register, applicants will submit the
following documents:
certified copies of the diploma of
a higher education institution or the
certificate of license;
copy of birth certificate (notarized);
Copy of I.C.;
criminal record;
2 photographs 3/4;
Envelope file;
curriculum vitae.
The registration fee is 30 Euros and
will be paid to the university cashier.
According to the Master organization
and functioning regulation presence
is compulsory at both courses and
practical activities.
Modules provided in the curriculum
will be presented at the opening of the
first semester, which will take place from
2 to 17 December 2011, starting at 8:30,
at the University headquarters in Matei
Basarab Street No. 18 bis, Bucharest.
Additional information can be
obtained at the University (Mr. Maricel
Ionita - Mobile 0747.707.143) or at
Romanian Forensic Association, Dacia
Boulevard no.55, District 1, Bucharest
(Prof. Vasile Lpdui - Telephone
021/21.033.44, mobile - 0740.060.696).
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 SCIENTIFIC BOARD
TABLE OF CONTENTS
Pag.
745.
THE SIXTH CLASS OF THE MASTER IN FORENSIC SCIENCE

VASILE LPDUI
CRISTIAN DUMITRESCU
748.
THE SYSTEM OF ORGANIZING CRIME INVESTIGATION

MIHAIL GHEORGHI
GHEORGHE ALECU
752.
APPEARANCE AND EVOLUTION OF DACTILOSCOPY (II)

VASILE LPDUI
IONEL NECULA
MIHAI IVANICI
757.
PERSONS WITH DEFICIENCIES - DISABILITIES

SOMATIC AND PSYCHOLOGICAL PERSPECTIVE
GABRIEL RU
764.
TECHNICAL - FORENSIC PITFALLS

MIRCEA LUPU
767.
FORENSIC MEDICINE ACTIVITY ON THE FRINGES OF JUSTICE

(OR SIMPLE GRAPHICAL SIGNS ... PUNCTUATION MARKS)
VALENTIN IFTENIE
DAN DERMENGIU
771.
SPECIAL EVENTS AND TERRORISM

- HISTORICAL REFERENCES (III)
VASILE LPDUI
777.
THE OFFENCE OF INFANTICIDE. ASPECTS OF CRIMINAL LAW,

CRIMINAL PROCEDURE AND FORENSIC SCIENCE
ELENA DANIELA DUMITRU
781.
THE DYNAMICS OF NECROPHAGOUS INSECT SPECIES

IN THE CASE OF A VIOLENT DEATH
LAVINIA PAUL,
ANA-MARIA KRAPAL
ANA-MARIA PETRESCU
783.
THE DEMOGRAPHICS VARIABLE INFLUENCE

OF PSYCHOPHYSIOLOGICAL REACTIVITY
IN POLYGRAPH ASSESSMENT
VIOREL PACA
789
FACTS ABOUT COUNTERFEITING MONEY.

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

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

Dacia Avenue no. 55, district 1, phone 021 210.33.44
Typography: Marius Rou
I.S.S.N. 2069-2617
10 RON
CUPRINS
Pag.
745.
A ASEA PROMOIE DE ABSOLVENI A MASTERATULUI N CRIMINALISTIC

VASILE LPDUI
CRISTIAN DUMITRESCU
748.
SISTEMUL ORGANIZRII INVESTIGRII INFRACIUNILOR

MIHAIL GHEORGHI
GHEORGHE ALECU
752.
APARIIA I EVOLUIA DACTILOSCOPIEI (II)

VASILE LPDUI
IONEL NECULA
MIHAI IVANICI
757.
PERSOANELE CU DEFICIENE - DIZABILITI PERSPECTIVA SOMATIC I PSIHOLOGIC

GABRIEL RU
764.
CAPCANELE TEHNICO-CRIMINALISTICE
MIRCEA LUPU
767. PROBAIUNEA MEDICO-LEGAL PE EICHIERUL JUSTIIEI (SAU SIMPLE SEMNE GRAFICE ... DE
PUNCTUAIE)
VALENTIN IFTENIE
DAN DERMENGIU
771.
TERORISMUL I EVENIMENTE DEOSEBITE

- REPERE ISTORICE (III)
VASILE LPDUI,
777.
INFRACIUNEA DE PRUNCUCIDERE: ASPECTE DE DREPT PENAL,

PROCESUAL PENAL I CRIMINALISTICE
ELENA DANIELA DUMITRU
781.
DINAMICA SPECIILOR DE INSECTE NECROFAGE

N CAZUL UNEI MORI VIOLENTE
LAVINIA PAUL,
ANA-MARIA KRAPAL
ANA-MARIA PETRESCU
783.
STUDIU PRIVIND INFLUENA UNOR VARIABILE

MACRO-SOCIALE ASUPRA REACTIVITII PSIHOFIZIOLOGICE
N EXAMINRILE POLIGRAF
VIOREL PACA
789.
CONSIDERAII PRIVIND BANII I FALSIFICAREA ACESTORA.

EFICACITATEA SUPRAVEGHERII PRUDENIALE A INSTITUIILOR
DE CREDIT N ACEST DOMENIU
ELENA GEORGESCU
TO THE ATTENTION OF READERS

AND OF COLLABORATORS!
The next issue of the journal will come out on

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

opinions of the authors of articles published
744
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.4 (76), AUGUST 2011, VOL. XI
THE SIXTH CLASS OF THE MASTER

IN FORENSIC SCIENCE
A ASEA PROMOIE DE ABSOLVENI
A MASTERATULUI N CRIMINALISTIC
col. (r) prof. Vasile LPDUI editor
Lector univ. dr. Cristian DUMITRESCU, redactor
Abstract
In the second half of May, 2011, the sixth class of master students has graduated
courses, lasting two years, at the Master in Forensic Science, held in partnership with the
Romanian University of Sciences and Arts Gheorghe Cristea from Bucharest, Romanian
Forensic Association and the National Institute of Forensic within the Romanian General
Police Inspectorate. Before the dissertation exam, was held Juridica Symposium on The
contribution of forensic evidence and means of evidence to establishing the truth, where
forensic specialists, teachers and masters degree students have presented scientific
communications with high theoretical and practical value.
Key words: masters degree in forensic science, the sixth class, symposium, scientific
communications, dissertation.
Rezumat
n cea de-a doua parte a lunii mai 2011, a asea promoie de masteranzi a absolvit
cursurile, cu durata de doi ani, ale Masteratului n Criminalistic, organizat n parteneriat
de Universitatea Romn de tiine i Arte Gheorghe Cristea din Bucureti, Asociaia
Criminalitilor din Romnia i Institutul Naional de Criminalistic din cadrul Inspectoratului
General al Poliiei Romne. naintea susinerii lucrrilor de dizertaie a avut loc Simpozionul
Juridica cu tema Contribuia probelor i mijloacelor de prob criminalistice la stabilirea
adevrului, unde specialiti n domeniul criminalisticii, cadre didactice i masteranzi au
susinut comunicri de mare valoare teoretic i practic.
Cuvinte cheie: masterat n criminalistic; a asea promoie; simpozion; comunicri;
lucrri de dizertaie.
In the late May 2011, the sixth promotion graduated

the master courses in forensic science, held in
partnership by the Romanian University of Sciences
and Arts Gheorghe Cristea, the Romanian Forensic
Association and the National Forensics Institute
of the General Inspectorate of Romanian Police. In
the two years (four semesters), the students went
through 15 modules and performed practical activities
at the National Forensics Institute of the General
Inspectorate of Romanian Police and local forensic
structures, as well as at the National Institute of
Legal Medicine Mina Minovici . Also, the students
attended events on various topics regarding forensic
science, organized by the Romanian Forensic
Association.
The activities developed in the educational process
were achieved by teachers and experts from our country
and from abroad, who presented news in forensic methods
and techniques used in finding the judicial truth.
Based on the fact that forensic science has a proper
object of study and a well-defined research area, in the
two years of master, the students, after some studies and
researches, supported by teachers and specialists from
the forensic structures of the Romanian Police, have
issued their dissertation papers.

The symposium entitled Judicial, based on the
theme The contribution of forensic evidence and means
of evidence in establishing the truth, at which attended
students, teachers from the Romanian University of
Sciences and Arts Gheorghe Cristea and from other
universities in Bucharest, forensic specialists from the
National Forensic Institute of the General Inspectorate
of Romanian Police and from other structures of the
Romanian Police, was held On May 26, 2011.
The moderators of the symposium were Associate
Professor Alexandru Pintea, PhD. the dean of the Faculty
of Law and colonel (r.) professor Vasile Lpdui, general
secretary of the Romanian Forensic Association.
In particular, the following topics stood up:
1) The evidence and the means of evidence in the
context of the new Criminal Procedure Code regulations,
Associate Professor Constantin Duvac, PhD.;
2) The correctness of forensic evidence and their
correlation in road traffic accidents, engineer Mircea
Fierbinteanu, judicial technical expert;
3) The contribution of evidence and means of evidence
expertised by judicial genetic methods in order to establish
the truth, police chief commissioner Octavian Conicesu,
745
PhD. and police chief commissioner biochemist Potorac

Romic, PhD. student, both forensic experts;
4) The role of evidence and material means of
evidence surveyed by physicochemical methods in order
to establish the truth, Police Chief Commissioner chemist
engineer Maria-Georgeta Stoian, PhD;
5) Considerations regarding the international standards
in fingerprint identification, Police Chief Commissioner
Ionel Necula and Police Subinspector Dogaru MugurelGeorge;
6) The European Evidence
Warrant an important item in
forensic investigation of transnational
offenses, University Lecturer Ioan
Hurdubaie, Ph.D.;
7) The forensic investigation
of
computer
equipment
and
telecommunications means in order
to establish the criminal activity,
police subcommissioner, engineer
Alexandra Constantin and police
inspector Cristian Iordan;
8)
The
transformation
of
information in evidence, instrument
of interest for the prosecution,
colonel
(R.) Professor Horatiu
Mndescu;
9) The incidence of bioforensics
expertises in solving criminal cases, university lecturer
Maria Daniela Debu, PhD student;
10) Considerations on the offenses of bribery that
regard sexual benefits, Police Chief Commissioner
Mircea Lupu, PhD student;
11) The educational measures and penalties
applicable to juvenile offenders, student of the master
course Cosmin Dumitru Donisan;
12) Drawings and diagrams used in fire research,
student of the master course engineer Simion Dolha;
13) Activities that should be carried out for establishing
a security incident at the computer and communications
systems which manage classified information, student of
the master course Grigore-Ioan Ceaca.
746
The study called The methodology of forensic

investigation of cybercrimes, conducted by lawyer Adrian
Cristian Moise, PhD, a member of the Romanian Forensic
Association, was presented during the symposium. The
study can be seen - as prof. Vasile Lpdui sustained
as a very important achievement in the field, which
tries to clarify a growing crime phenomenon not only
internationally, but also in our country, while providing
a point of theoretical and practical reference on a
relatively new field in Romania. The complexity of the
subject required an
interdisciplinary
approach to the
copyright,
the
computer
crime
being analyzed in
terms of criminal law,
criminal procedure
law and, especially,
in terms of forensic
science.
The content of the
study was presented
in detail, by the
author himself, his
presentation being
considered as communication
to the participants.
The study was edited
by S.C. Legal Publication
Universe S.R.L. Bucharest
and it has the following
chapters:
Introductory aspects
regarding the phenomenon of
cybercrime;
National
and
international legal regulation
of cybercrime;
Operating modes commonly found

in computer crime;
Methodological issues on the
forensic investigation of cybercrime;
Features regarding the computer
searches and crime scene investigation
for cybercrime;
Investigation of network traffic and
Internet applications;
Investigation
of
cybercrime
perpetrated by fraudulent use of
electronic payment instruments;
Features of the crimes investigation
committed via mobile computing;
Features of the investigation of
cybercrime in the category of child
pornography;
European
and
international
cooperation in combating cybercrime.
At the end of his speech, PhD.
Adrian Cristian Moise presented some
conclusions regarding the issues
approached and made some ferenda law
proposals.
On May 27, 2011, the 20 students
who graduated the modules and practical
examinations set out in the educational
program sustained their dissertation
paper in front of the commission
approved by the rectors decision. That
commission consisted of the following
teachers and specialists:
Associate Professor Nicolae Vaduva
- President;
University Professor Tudorel Butoi,
PhD Member;
Associate Professor Alexandru
Pintea, PhD Member;
Associate Professor
Gheorghe
Pescu, PhD - member;
University Lecturer Ioan Hurdubaie,
PhD Member;
Police Chief Commissioner Octavian
Conicescu, PhD - member;
Colonel (r) Prof. Vasile Lepdui
Member;
University Lecturer Maria Daniela
Debu, PhD student - Secretary.
Teachers and forensic specialists,
who guided and supported the
students in their research activities
and at their work development,
participated at the evaluation of the
dissertation papers.
An assessment on how were
conducted the educational activities
in the two years, with a particular
emphasis
on
further
scientific
research in the areas addressed in
the masters dissertation thesis, was
made at the end of the evaluation.
Masters students dissertation papers topics

and the grades given by the commission:
Nr.
crt.
Numele
i prenumele
Titlul
lucrrii
Grade
1.
BLCEANU
DORU- ELVIS
Technical-scientific
investigation of the crime scene
in case of fire
2.
BINDEA
DENISA-ANIELA
Tactics of hearing the

injured party during the criminal
procedure
3.
BUURC
(PROSAC)
CORNELIA
Persons identification after

digital and palm prints
4.
CEACA IOANGRIGORE
Forensic investigation of
security incidents in computer
and communications systems
10
5.
CRNAT (CROITORU)
MARIANA
Methods and modern forensic

procedures for recognition and
identification of unknown bodies
6.
CRISTESCU
ADRIANA
7.
DONIAN DUMITRUCOSMIN
Psychological features of
criminal behavior at the juvenile
delinquent
8.
DOROENCO
CRISTINA-IOANA
drugs and precursors crimes
9.
DOLHA ADRIANSIMION
Analytical tools in forensic fire

investigation
10
10.
EPURE (MARE)
ANNE-MARIE
Methods and techniques used

in identification of firearms traces
after the main firing
11.
PDURARU
LIDIA-MIHAELA
The influence of
environmental factors in murder
crime scene investigation
12.
PETCU
GEANINA-ANDREEA
The methodology of
investigating money laundering
offenses
10
13.
PETRESCU
MARIA-CAMELIA
burglary traces obtained from the
tools used to commit the crime
14.
RDULESCU ANA
15.
RA(AXMANN)
DANIEL
16.
TEFAN
LAURA-MIHAELA
17.
TOBOARU
ALEXANDRA
18.
ULIAN ALINA-MARIA
19.
VIU VALENTIN
20.
VLAICU CLAUDIAANTOANETA
The psychology of a serial

killer
Criminal investigation based

on genetic fingerprinting
Establishing firearms shooting
elements after the traces found at
the crime scene
10
8
Forensic investigation of the

hidden murder
Judicial psychology and

forensic tactical considerations
from the perspective of the
judicial interrogator
Psychologists role during the

investigation of violent crimes
Forensic investigation
of corruption crimes
economic and financial crimes
9
9
747
Views
THE SYSTEM OF ORGANIZING CRIME

INVESTIGATION
SISTEMUL ORGANIZRII INVESTIGRII INFRACIUNILOR
PhD Habilitated Professor,
Mihail GHEORGHI
Free International University of Moldova
PhD Associate Professor
Gheorghe ALECU
PhD Coordinator, Free International University of Moldova
Abstract
The article focuses on the interest shown by forensic researchers on identifying and
fundamenting problemes regarding the scientific organization of investigators activities of
research and inquieries and on the details of the matter. Also, the personality of the criminal
is taken into account, hence the analysis of the investigator who needs to be a professional
as well as a psychologist.
In the end, conclusions reveal that only impecable criminal investigation may lead to a
fast and effective solution to a criminal cause.
Key words: investigation, investigator, criminal, crime, system.
Rezumat
Articolul prezint interesul manifestat de savanii criminaliti, pentru identificarea i
fundamentarea problemelor viznd organizarea tiinific a activitilor desfurate de
ctre anchetatori cu prilejul cercetrilor i investigaiilor, detaliindu-se concret n ce const
aceasta. Totodat, nu este subestimat personalitatea infractorului, care vine n contact
nemijlocit cu organul de anchet, care trebuie s fie un bun profesionist i un fin psiholog.
n final, se concluzioneaz faptul c, numai organizarea impecabil a cercetrii poate
conduce la soluionarea cu celeritate i competen a cauzei penale.
Cuvinte cheie: anchet, anchetator, investigaie, infractor, infraciune, sistem.
Forensic scientists have begun to actively analyse

the problem of organizing crime investigation in
the 1920s. Their works on the matter have played
a positive key role not only in fundamenting
theoretical forensic science, but also in the actual
solving of problems regarding the organization of
the investigation of some categories of crimes1.
Starting with the 70s, forensic scientists have
shown their deep renewed interest towards
fundamenting problems regarding the scientifical
organization of the investigators work2.
Their reccomendations in this field have certainly
played a very important role in the improvement of work
conditions and ensuring technical facilities for those
charged with crime investigation. However, the problems
shown - organizing crime investigation and scientifical
organization of the investigators work are not identical,
748
although a series of authors do not consider them

different, while others see investigation organizing as a
sort of planning. For instance, V. Gromov, while generally
defining planning shows that it reffers to a preliminary
organization of the investigation, ment to ensure fast and
effective discovery of crimes3.
In our opinion, up to present, the problems of organizing
crime investigations have not yet been plausibly reflected
in forensic literature, and no one has been preoccupied
with their profound fundamentation. Considering the lack
of an unique, unequivocal approach of the essence of
this system of human activity by forensic scientistists, it
is interesting to observe the components and the tasks
related to organizing crime investigation, including
crimes commited by organized criminal groups.
From the points of view expressed in the specialized
literature, we consider it to be closer to the truth the
one of professor A. Larin. He states that organizing
investigation represents a selection and an arrangement

of forces, instruments and means of the investigator,
it represents creating and using optimum conditions
in order to reach the judicial goals4. Apart from those
mentioned above, another shorter definition of A. Larin
is called for organizing investigation as an activity of
an investigator or of a grup of investigators regarding
a concrete crime, as an interaction between the
investigator and the operative investigation teams, as
an attraction of society to investigate, as organizing the
interaction between the investigator and the colaborators
of revision and inspecting services5. According to prof. V.
Konovalova, on the other hand, included in the organizing
of crime investigation are only the elaboration of the
different versions of investigation and the planning of the
judicial inquiry. Some authors include the elaboration of
different versions of judicial inquiry, the planning of the
judicial inquiry, the primary actions of criminal pursuit and
the operative measures of investigation in the actual
content of organizing the judicial inquiry6.
Prof. M. Iakunin, for instance, proposes a series of
composing elements of the organizing of state crimes
investigation: the rational distribution of obligations in order
to realize the judicial inquiry, ensuring the coordination of
people and organs participating in the investigation and
their actions, efficient visibility and control over the work
being done, vast using of means and methods which
contribute to rendering more efficient the work of some
of the partipants7.
We believe that, in order to develop an organized
activity according to standards and requirements, the
organ of criminal pursuit must establish, each step of the
way, the tasks he should achieve which, in fact, determine
the contents of the plan that he sets up for each criminal
cause8. It is necessary to firstly determine the general
tasks of the criminal investigation, the main problems
that need to be elucidated.
The theses exposed above show that scientists
understand and explain in different manners the concept of
organizing criminal inquiry. Furthermore, some confuse
organizing and planning. The final thesis exposed above
is in our opinion a mere element of the organization.
The term organization has more that one significance,
of course. From a forensic point of view, according to
us, it reffers to an activity of the officer charged with
the criminal pursuit (the public prosecutor), an activity
aimed at establishing all the exact circumstances of the
criminal deed, accumulating evidence on the matter,
counteracting and investigating the crime. This actually
means organizing the work conducted, setting it in order,
accumulating information on the criminal case, disposing
forces and means in a pattern, as well as realizing the
actual process of establishing the true objective of the
criminal file in cause. It appears to be a correct opinion
the one regarding the fact that the stated theses must
reffer to the object of forensic tactics. Unfortunately,
however, no forensics textbook contains the theory of
organizing crime investigation. Hence the question on
how do lawschool graduates manage?
It is well-known that the process of investigating any
crime is organized by the officer charged with the criminal
pursuit or public prosecutor based on primary information
and materials contained in the operative file, according
to the Code of criminal procedure, scientific theses and
forensic reccomendations. This is the way that ensures a
certain logical coherence of the thinking processes and

actions, aplying the forms which provide the optimum
solution in an organized plan.
The activity of the officer charged with the criminal
pursuit or of the public prosecutor implies conceiving a
rational system of organizational decisions, of criminal
pursuit actions and operative measures of investigation
aiming at fulfilling the tasks of criminal legislation, justice
and internal state security - as efficiently as possible.
These decisions and actions of the organ of criminal
pursuit or prosecutor have both a procedural and a nonprocedural (tactical) character.
Their unity consists in the fact that both procedural
decisions and actions, as well as non-procedural, are
oriented towards accomplishing the tasks of the criminal
pursuit of the criminal and towards solving other problems
standing in the way of judicial organs. The differences are
based on the fact that procedural decisions and actions,
as well as non-procedural, have different grounds and
are expressed in different forms. Thus, while the first
are based on concrete norms of criminal and criminal
procedure legislation which are reflected in the
procedural documents of the file, those in the second
category being based on different reccomendations of
the theory and practice of law organs, on instructions,
ethical norms and the own experience of investigators.
In the documents of criminal files are usually only
reflected the results of the procedural decisions and
actions of the officer charged with the criminal pursuit/
prosecutor, while the other data obtained from the
operative investigation activities are recorded in current
materials, the files of operative accounts.
The procedural decisions and actions comprised
in organizing criminal causes investigations are the
following: beginning the criminal cause following the
establishment of the crime; taking the necessary
counteracting measures towards the suspects, blamed or
confined persons; carrying out special actions of criminal
pursuit (initial, ulterior or non-postponable), oriented
towards obtaining evidence; identifying and interrogating
witnesses, victims, suspects or blamed persons; initiating
criminal proceedings with regard to the persons in cause,
verifying obtained evidence etc.
The non-procedural decisions and actions, which are
also part of organizing crime investigation, are: obtaining,
accumulating and appreciating information on the crime;
elaborating versions of judicial inquiry and operative
investigation; planning the investigation or the measures
of operative investigation; creating interaction and
coordination; analyzing resulting materials and controling
the developing activity.
Organizing crime investigation must be understood
as the rational activity of the criminal pursuit organ or
prosecutor, which includes a complexity of decisions
and actions oriented towards the identification of illegal
deeds, the personality of the author, the establishment of
his guiltiness and of other circumstances relevant to the
correct solving of the criminal cause9.
The specific characteristic of the emergence of
criminal causes is what determines the organizing system
of all investigating actions of the respective cause. The
consecutivity, orientation, volume and content of the
criminal pursuit and operative investigation actions in
the initial phase of judicial enquiry are determined by the
specifics of the situations being examined. In the present
749
context, they might be formulated as follows: are the

criminals identified or not; have or have not been done the
operative actions of investigating the established crime
before initializing criminal proceedings; the crime is or is
not linked to victims, extended damage, application of
dangerous methods of carrying it out, weapons, technical
means etc.
In our opinion, organizing crime investigation
mostly depends on the circumstances from the
moment of initiating criminal proceeding and may
have one of the following versions:
organizing the judicial enquiry of the criminal

cause started in connection to the confinement of the
criminals in the moment of the crime;
organizing the investigation of the criminal cause

started on the grounds of materials resulting from the
operative investigation;
organizing the judicial inquiry of the criminal

cause started on the grounds of separated material in
other files;
organizing the investigation of the criminal cause

started by establishing the existence of the criminal deed,
with unknown author.
The first three situations are characterized by the
fact that the suspected or blamed persons are known
from the very beginning of the criminal cause. Usually,
they are also taken into custody or arrested. In such
situations, ever since the start of the criminal inquiry there
are possibilities for organizing and carrying out criminal
pursuit actions and concrete operative measures of
investigation oriented towards identifying, confirming and
prelevating additional evidence on the respective crime
allegedly committed by the persons suspected, and in
some cases by their direct participation. Operative and
criminal pursuit actions are recorded and are carried
out in relation with the persons concretly related to the
investigated crime.
We are of the opinion that the first tasks of organizing
the investigation in the three situations above are the
following: correct definition of the complexity of criminal
pursuit actions aimed at identifying, confirming and
prelevating crime evidence; convenient application of
counteracting measures that would keep criminals from
avoiding the judicial enquiry and judgement, while not
affecting the stability of the truth; verifying by procedural
and other types of means the existent evidence; acquiring
additional data on the crime; carrying out a series of
operative and research actions in order to identify and
take into custody all participant criminals in the crime
(crimes); establishing the criminal relations among the
suspects as well as storage and selling places for goods
resulted from the criminal activities etc.
All actions may be realized in a series of proceedings,
operations or tactical combinations being elaborated
by forensic science and oriented towards reaching the
tactical goal in a concrete situation of criminal pursuit.
The investigation of established crimes may be carried
out by an officer charged with the criminal pursuit (public
prosecutor) or a group of such investigators. In the last
situation mentioned above, this group is made up by the
leader of the organ of criminal pursuit who, along the way,
may, if necessary, complete or modify the investigation
group. In the case of a group of agents of criminal pursuit
(prosecutors) ment to investigate one or more crimes, its
750
leader names the person responsible for the team. This

person conducts the activity of the investigating group,
having only few administrative functions towards the
group.
The very nature of the procedures, operations
and tactical combinations, in the primary phase of
crime investigation, implies a high level of organizing
and special measures. A distinct form of such an
organization is represented by the groups of officers
charged with the criminal pursuit (prosecutors)
and operative agents who usually participate in the
investigation of heavy crimes or public importance
crimes. The essential principles in carrying out this
form of organization of crime investigation are:
the leader role in the investigation group of a

criminal pursuit organ or prosecutor;
the access of group members to information

obtained from operative actions in the phase of preparing
operations or tactical combinations;
the decisions of the group leader regarding time,

place and type of operation or tactical combination;
the relative establishment of the investigation

group;
sufficient technical and material ensurance of

the groups activity;
forensic ensurance regarding the vast

participation of forensic or other types of specialists in
carrying out operations or tactical combinations aimed
firstly at completing the tasks of discovering the committed
crime.
It is undoubtful the fact that our proposal regarding
the acces of group members at the materials of operative
investigation activities might be contested in the first place
by criminal procedure specialists. Thus, it is necessary to
take into account that no complicated or heavy crime may
be operatively discovered without a series of operative
measures of investigation, including information from
operative interceptions. Such an interaction may only
affect the investigation in a positive manner. Moreover,
the operative ensurance of criminal cause investigation
may be mentioned at this point.
The investigation of such criminal causes is carried
out from the primar phase in the direction of establishing
and confirming through procedural means the crimes
components represented by the actions of a concrete
person, whose characteristics have been found out
before being caught in the act as a result of operative
activities of investigation.
Organizing the judicial inquiry of criminal causes
begun on the grounds of discovering a crime, when
the criminals are not yet known, presents a series of
specifities and difficult aspects. Firstly, because of the
fact that the volume of initial data on the crime is usually
reduced in these cases and the list of possible criminal
pursuit actions and operative measure is not a large one.
Secondly, apart from the initial incomplete information on
the criminals identity, there are also very important the
results of the crime scene investigation, the witnesses
and victims interrogations. It is absolutely necessary that
crime scene examination be carried out at the optimum
time and in qualitative manner. Any gap may negatively
influence the results of the research. For as skillful as
the criminal may be, as practice has proven it, he always
leaves his marks on some elements such as crime
objects, materials and so on. This is why it is important

that these prints be found and fixated in a qualified
manner from a procedural point of view, following which
they shall be correctly tactically used in order to find and
uncover the criminals.
By studying the experience of criminal pursuit
organs, we are able to distinguish the characteristic
elements contained in the organizing activities and
realisation of the crimes investigation. According to
us, these are:
obtaining, accumulating and evaluating initial

data on the crime;
carrying out initial or non-postponable crime

pursuit actions and operative measures of investigation;
elaborating forensic versions and planning crime

investigation;
realizing interaction with other subdivisions of the

law organs, including from other states, aimed at fulfilling
the tasks of criminal justice, as well as maintaining public
order;
analyzing and controling the activities carried out

in the concrete cause10.
The elements enumerated above do not manifest
on their own, isolatedly, in reality. It is obvious that the
solidity, sequence, volume and content of criminal
pursuit actions and the operative investigation measures
in the case of any criminal cause are determined firstly
considering to what extent the information evaluated by
the criminal pursuit officer is complete, or that information
coming from the persons having participated in the crime
or being suspected to have participated. This means that
organizing the criminal investigation shall always start
by studying what exactly happened in reality. Only after
will the forensic versions be elaborated, the workplan
of the criminal pursuit organ/operative agent designed,
the corresponding investigation conditions achieved, the
coordination and interaction with representatives of other
subdivisions of law organs, departments or institutions
established. One of the conditions of discovering and
efficiently investigating any crime is the mandatory
analysis and generalisation of the obtained materials,
the actual control over the research activity. Without
these and without planning (verbaly or in writing) the
investigation, even the simplest of the crimes may be left
undiscovered or solved with great difficulty and delay.
Qualified investigation of crimes always implies not
only the identification, fixation and succesful prelevation
of evidence, but also an effective analysis and their
correct use in order to obtain the necessary additional
data on the cause and on these grounds also implies
control over the activities carried out (exact determination
of the research direction, volume and state of data in
every phase), adopting well-founded decisions regarding
on the continuation of the investigation etc.
Organizing all crimes investigations has as a goal
the fulfilment of the following tasks:
prompt counteracting of the crime and the

localization of possible consequences;
making qualified decisions in the optimum time

regarding the criminal pursuit of concrete persons;
correct determination of the complexity of

necessary criminal pursuit actions as well as operative
measures of investigation in the created situation;
obtaining efficient results of the above mentioned

actions;
ensuring the accomplishment of justice,

maintaining law order and internal state security;
accomplishing the necessary actions of

prevention regarding the discovered crime.
In our opinion, the tasks above are not ment to
minimize the role and importance of tasks of other
institutions and state organs although they do not include
them, but should exist and be examined separately.
Thus, the scientific organization of crime investigation
uses as strategy the setting in motion and ensuring
of a system of actions and decisions of the criminal
pursuit organ (prosecutor) aiming to establish the illegal
deeds, the criminals identity, his guiltiness as well as
other circumstances important to the objective solving
of the criminal cause. This activity is based on criminal
procedure law norms, specific normative acts, as well as
on the personal experience of the criminal pursuit organ
or prosecutor and always takes place relatively to the
concrete criminal pursuit situation.
Only an impeccable organization of investigating
criminal causes may lead to the achievement of great
success with minimum time, effort and means.
Bibliographical sources:
1. .. . ., 1925;
.. . ., 1930;
2.. .
. ,
1975; - ..
/ ,
1968, 25;
3.
..
. ., 1930;
4. .. :
, , , 1970, .59;
5. .., .. /
.
, 1939;
6. ..
.
, 1984, .3;
7. ..
. ,
1975, .72;
8. Gh. Alecu, Forensics. Ed. Ex Ponto, Constana, 2008,
p. 277;
9. Activity including goal, means, process and its results.
(See: Encyclopedic Dictionary, Moscow, 1983, p.381);
10. M. Gheorghi, General theses of forensic tactics,
Chiinu, 2004.
751
APPEARANCE AND EVOLUTION

OF DACTILOSCOPY (II)
APARIIA I EVOLUIA DACTILOSCOPIEI (II)
Col. (r) prof. Vasile LPDUI editor
Chief commissary Ionel NECULA forensic expert at Forensic Science
Institute of General Inspectorate of Romanian Police
Chief commissary Mihai IVANICI - Forensic Science Institute of General
Inspectorate of Romanian Police
Abstract
The article continues the presentation of decadactilary evolution at national and
international level with specialists workings in the field regarding clasification, identification
of practical principles and solutions regarding the dactiloscopic classification. Furthermore
are shown a few methods of discovering and picking-up papilar traces, reached at with
those times posibilities.
Key words: dactiloscopy, fingerprints, classification methods, fingerprints.
Rezumat
n acest articol se continu prezentarea evoluiei decadactilare la nivel naional i
internaional cu preocuprile specialitilor consacrai n acest domeniu de clasificare, de
identificare a unor principii i soluii practice n ceea ce privete clasificarea dactiloscopic.
De asemenea, sunt abordate cteva metode de descoperire i relevare a urmelor papilare,
cu posibilitile acelor vremuri.
Cuvinte cheie: dactiloscopie, amprente digitale, metode de clasificare, urme papilare.
The papillary ridges which form the drawings

from fingers are so visible so by studying them
one reached the conclusion that they do not fit
from person to person, not even from finger to
finger, on the same hand or foot. The papillary lines
were studied by John Evangelist Purkinji who, on
December 22nd 1823, in his PhD thesis De examine
physiologico organi visus et systematis cutanei
performs the first classification of papillary imprints
into nine configurations. Hurscheke publishes in
1845 the paper Splanchnologia where he draws
the attention on the variety of papillary drawings
and seven years later, in 1852, Herman Wellcker,
professor of anthropology at the University of Halle,
began the study on papillary ridges from his own
hand, at the age of 34 and continued it until 1897,
at the age of 75 publishing two illustrative figures in
Archives de Gross.
Dr. Sir Francis Galton (1822-1911), British
anthropologist, the cousin of the famous Charles Darwin,
is considered the founder of police dactiloscopy and
founder of biometrics, by drawing up a full study of
fingerprints under the biological aspect of heredity and
race. In 1886, he began the study of fingerprints and
signalled their presence on the tiles manufactured during
the Romans times and in 1890 he set forth a method of
classification of the records of criminals pursuant to their
papillary drawings, with the help of which he found a preexistent record in a greater collection of records.
752
He was followed by other specialists: C.H. Fere

(1891), Forgeot (1893), Locard (1903). Subsequently,
Juan Vucetich (1858-1925), head of statistics office La
Plata police (1890) Argentina, performed on September
1st 1892 a system called iconphalangometrics based
on four kinds of basic dactiloscopy: arches, ridges with
triangles (delta) on right, ridges with triangles (delta) on
left, ridges with triangles on both sides, managing to
classify the first 23 records and until December 7th 1892
he had 645 records classified.
On the Congress of British Association for the
progress of science of 1899, Edward Richard Henry
(1850-1931), colleague of Herschel in Bengal, presents
the dactiloscopic system of classification based on delta
triangle and five basic drawings, then he publishes the
work Classification and uses of fingerprints, considered
the bible of English dactiloscopy and also he sends an
order to Bengalese police to complete the anthropometric
method with the fingerprints of the ten fingers.
Since 1900, England becomes the first European
country that has introduced the dactiloscopic system of
identification and in 1901 it incorporates the dactiloscopic
foundation of Scotland Yard.
The famous Alphonse Bertillon, in 1902, as an irony
of fate, solves the first case of dactiloscopic identification
outside the borders of England in Europe, identifying the
author of a crime.
From the studies of these scientists resulted clearly
that the drawings formed of the elevations of papillae
are different forms on the fleshy side of fingers, being
fix for the same person and they do not change all his
life, being extremely different from person to person. The
conclusion was that these drawings are the most reliable
for the determination of the identity of a person namely the
absolute identity. In order to study these fingerprints, their
systematization namely a classification was necessary.
It was very difficult at the beginning but subsequently it
was managed and it was perfected the classification of
fingerprints left by papillary ridges from fingers, palms or
outsole. The most known classifications were performed
by Galton, Varignny, L. Testut, Vucetich and Bertillon.
The classification of Vucetich was the simplest one.
The classification of L. Testut is characterised by 10
kinds which are based on the report existent between the
papillary lines and the flesh of finger.1
In his work Treaty of human anatomy, Vol. III, 6th
edition, of 1911, at page 291, 292 and 293, he states:
if we take a look at the volar side of the phalangette of
thumb, we notice two lines of papillary lines:
1. on the base of phalangette transversal parallel
papillary lines, consequently articular folds
2. and on the flesh of finger concentric curves with
the concavity up and with the extremities lost on the
two sides, radial side and cubital side of phalangette.
In any cases, they are strengthened gradually, as they
go far from the free extremity of finger, they present a
more and more pronounced concavity, as they get
closer to the horizontal lines, they confound with these
imperceptibly. This disposition which Galton has shown
as primary kind is relatively rare. Most of the times, the
upper curves are concave as the others therefore their
internal and external extremities fall on transversal lines
forming angles directed towards each other, respectively
directed towards the fingers axle. These two angles are
distinguished for each finger in the internal or cubital
angle and external or radial angle.
Further on, are presented manners or kinds in
terms of which one may dispose the papillary lines
of phalangette. A more practical method was that
of Vucetich, the head of Identity Service from La
Plata (South America). This method was checked
by Bertillon and includes four groups classified in
terms of the form and direction of papillary lines
of the finger. Each group is marked with a vocal
which indicates us either the form or the direction,
therefore:
1. group E includes the drawings having the papillary
lines in form of loops, at least two are directed outside the
body (external) and with a small triangle or delta towards
the (internal) body fig. no. 1;
2. group I includes those drawings which are in
contrary direction of E group namely they have loops
towards the (internal) body and with the triangles and
deltas towards the outside of external body fig. no. 2;
Fig. 1-2 On left E class or sinistrodeltic. Marked

with S or 3 according to Dr. Gh. Andrei Ionescu
and on right I class or dextrodeltic. Marked with D
or 2 according to Dr. Andrei Ionescu
3. O group
this group includes
the circular, oval, spiral,
curl imprints, provided
that they have at least
four circles and one
triangle if not two, fig.
no. 3;
Fig. 3 O class or bideltic.
Marked with B or 4 according
to Dr. Andrei Ionescu
4. U group
includes the arch
imprints fig. no. 4
Fig. 4 U class or in form

of arch. Marked with A or 1
according to Dr. Andrei Ionescu
Each class is sub-divided in terms of the number of

papillary lines. On order to count the papillary lines, the
specialist used a lens and a sharp peak, uniting the central
point with the angle of intersection by a line traced with
red ink. When the imprint had two central points, it was
united the closest delta to the closer central point. One
shall distinguish as well by the so-called characteristic
points since it is noticed that in the network of papillary
lines not all have the same origin: some are bifurcated,
other are doubled, some form angles, other acute angles,
other end with a point. One searches thus the origin, the
dualizing, bifurcation and points.
A trace may present as well particularities such as
scars, of different forms or stuck fingers, this represents,
by its rarity, one of the most precious hint.
In Romania, the method of Vucetich and Bertillon
was simplified by dr. Gheorghe Andrei Ionescu who
maintained the four classes of classification which he
marked in terms of the kind of papillary lines and of the
position of triangles and deltas encountered. Therefore,
the imprints without angle namely only with arches were
noted with A, those with triangles or delta on right were
called dextrodeltic and were noted with D, those with
delta on left were called sinistrodeltic and noted with S,
those with delta on both sides were called bideltic and
marked with B.
Beside this marking, dr. Andrei Ionescu noted these
forms as well with figures, as follows:
Arches without delta A-1
Dextrodeltic D-2
Sinistrodeltic S-3
Bideltic B-4
The procedure dr. Gh. Andrei Ionescu approached
the classification as follows: - one takes the fingerprints
of both hands, first from right hand and it is noted the
forefinger with the letter of the class to which it belongs,
followed by figures for each finger separately in the
following order: thumb, mid finger, ring finger and small
finger.
753
It is thus formed a number with a letter at

the beginning which shall form the numerator
of a common fraction with the nominator
formed by the left hand noted in the same
way. Examples on the right:
It shall be stated that S and D do not
mean left and right but sinistrodeltic and
dextrodeltic which is indicated in figure
5 that right forefinger is sinistrodeltic as
the other fingers and that all form the
numerator of fraction and for the left hand
respectively the nominator of fraction the
indicator is dextrodeltic, the thumb is bideltic
and the middle, ring and small fingers are
dextrodeltic.
In case of fittings, one counts fingerprints
and on bideltic it is noted with M the lowest
line which unites perfectly the deltas, with E
when this line is lower and with I when is
higher and the degree is noted with M and
M.
Through this manner, with the indications
given by the spoken portray, one performs the
record on Anthropometric and Dactiloscopic
Service.
Fig. no. 5 Fingerprints from right and left hand with the dactiloscopic
formula S-3.333/D-4.222
Dr. Gh. Andrei Ionescu, in his works,

presented as well the operator procedure
for the collection of fingerprints of a person,
procedure which we shall present further on:
it was used typography ink, a high table so
the body of individual did not bend at all in
order to work correctly. On this table, it is a
wooden plate on which it is fixed a smooth
metal small plate (zinc or brass). It is applied
a drop of typography ink on the plate and
with a special roll, the ink is well laid on in a
layer as thin as possible.
Further on, the person whose fingerprints
were taken was asked to clean his fingers
with a cloth to remove the sweat and
eventually the foreign bodies which may be
encountered on finger. It was taken the peak
of the finger of the impressed person with
the thumb and forefinger from left hand, it
was taken the second phalange and thus
the finger was rolled with the fleshy part
of the peak (palm side) on the ink plate,
starting the contact from the external part
towards the internal one so the entire side
could be darkened with ink. Afterwards,
Fig. no. 6 Fingerprints from right and left hand with the dactiloscopic
it is performed the same movement either
formula S-3.334/D-2.224
on dactiloscopic record or on the paper on
which the fingerprints were taken provided
Univ. prof. PhD. Nicolae Minovici, in his treaty of
the finger was not pushed to strong, was not scraped on forensic medicine, states: Pursuant to a report addressed
paper and provided the rolling is not resumed or repeated to Mr. prefect of Capital Police by which he requires
since the intended results wouldnt have been obtained. the replacement of drawing the finger with putting the
The operation represented the method by rolling having finger, namely to take the fingerprints of all persons who
the great advantage that is provided a full imprint.
do not know how to sign, he answers to our demand,
Another method indicated by dr. Gh. Andrei Ionescu is addressing the following circular to all circumscriptions
the simple and easy pushing used when it was taken the from Capital.
entire hand at once.
The rolling was used as well in case of impress for
Circular
signature and not by erasing and drawing the finger on
I invite you to take measures that all those who do not
an ink cross.
know how to wright and consequently to sign, to put near
754
the signature the imprint of the thumb from right hand

in all documents for which it is required the legalisation
of signature. This imprint shall be taken as follows: it is
applied the finger on the cushion of the box by coating
the seals and the finger coated as such is applied on
paper near the signature, where it leaves its signature.
Prefect Saita
It is understood from this circular signing by
fingerprint namely he applied his identity sign, sign
which doesnt resemble with anyone elses and which
cannot be imitated.
On that time, one considered that fingerprints are on
site of fact (crime) being the obligation of the officer of
judicial police to search for them, to make them apparent
and to maintain them. One of the measures determined
was the interdiction of access of any person in the criminal
field, of touching by hands different objects existent on
site until the arrival of those entitled to examine such
place.
The conclusions of the study performed by Dr. Forgeot2
were applied in our country as well in connection to the
classification of fingerprints: visible imprints and invisible
or latent imprints.
The invisible imprints are those which remain, after
touching with clean hands and, mainly, with fingers
different objects such as: paper, glass or a smooth and
brushed surface. As Dr. Forgeot shows, these imprints
are due to sweat and mainly to the salts encountered
in sweat (sodium chloride, potassium, calcium etc.) and
which remain after the evaporation of volatile substances
and of water from sweat.
The same specialist, in his work, presented six
procedures which determine the occurrence of fingerprints
on paper:
1. sprinkling on paper silver powder afterwards,
removing it, remaining on paper the fingerprints coloured
in black encountered on such paper;
2. keeping the paper over a bowl which
spreads iodine vapours, the fingerprint appears
coloured in yellow but the disadvantage is that
after a few minutes it disappears. In order to
be fixed, it is used the procedure with Gallic
acid;3
3. the procedure with sodium hyposulphite.
It is placed on a paper a solution of 10%
sodium hyposulphite in which were one put
a few drops of alcohol and it is laid on with a
brush. The fingerprint appears with a greasy
aspect.
4. the procedure with silver nitrate (it was
used by Dr. Forgeot and by Dr. N. Minovici).
The paper is coated with a solution of 8% silver
nitrate and it is exposed to sun. The fingerprint
appears brown;
5. the procedure with ink. It is taken a high
quality ink and with a brush it is laid on the paper and the
fingerprints appear immediately;
6. the procedures with rosin, osmic acid etc.
When the traces are on glass, Dr. Forgeot presents the
following procedure: one sprinkles over the fingerprints
silver bronze powder of licosodium, chalk, ceruse,
magnesium, which stick easily on glass and facilitate
their appearance and reproduction.
Before sprinkling the bronze powder, they may be
copied mainly when they are on round surfaces such as
glasses, cups etc. or with a rubber or unspillable plaster
(usually black) which captures the fingerprint by simply

applying it.
When we want to preserve them, shows Dr. Forgeot,
we resort to the fixing methods supplied to us by chemistry,
methods addressed either to fingerprint directly and
then we use the osmic acid, the vapours of which fix the
fingerprint and colour it in black (the osmic acid is the
colorant by excellence of grease), or indirectly attacking
the glass and making it mat only where are fingerprints.
After made apparent, all these fingerprints are
photographed, then they are compared with those
existent in the police records.
Sometimes, there are traces remained on packages
or brushed objects. They are emphasized almost through
the same procedure or are photographed with oblique
light. These methods and procedures were perfected
following to present them in the future articles.
The conclusion of all specialists was that dactiloscopy
must be introduced in all countries being the best means
of identification of a
person.
Introduction of
dactiloscopy in
Romania
Since 1892, univ. prof.
PhD. Mina Minovici,
during the government
of Conservator Party,
founded the Romanian
Anthropometric Service
relying on the ideas
of Alphonse Bertillon,
head of Anthropometrics
Service in Paris. The
service founded by prof. PhD
Mina Minovici was installed in the
premise of Capital Police under the
coordination of dr. Nicolae Monovici.
In 1900, in the Justice Pallace
was organised the School of
Anthropology following the system of
the foreign ones where police agents
and officers learned the identification
and description of the feelings of a
person in terms of a scientific method.
With this occasion, dr. N.

Minovici, professor on
this school, edited the
technical manual entitled
Anthropologic
School
Bertillon or Spoken
portray. In 1918, both
the Police and mainly
the Justice, needing the
antecedents of criminals
whose number increased
significantly,
and
the
Anthropometric Service
755
being unable to identify and check their criminal past,

one resorted again to univ. prof. PhD Mina Minovici. The
latter, with the help of dr. Gh. Andrei Ionescu, forensic
physician of Ilfov county and Ioan Popescu,head of the
Office of Judicial Identification attached to Ilfov Tribunal,
reorganised the Identification service called Dactiloscopic
Service.
The measure taken was that all prisons in the country
to send to this service the records with fingerprints and
condemnations of prisoners, being formed the General
Criminal Record in the whole country. Beside the said
service, one founded as well the photographic workroom,
endowed with modern facilities.
On such moment, Police and Justice were proud
to hold a full service for the identification of criminals,
service which was competing with other foreign similar
services.
Here is a case when dactiloscopy
brought its contribution in determining
the identity of some persons:
Crime on Colentina road
During the night of March 11th-12th 1921, Bal
Micioan, night watch at Suten wood storehouse from
Colentina Bucharest road, as he was on his position,
around 24:00, heard a noise behind the storehouse,
on small distance from the field. He checks but due to
darkness he couldnt distinguish any person. Hearing
the noises, the nigh watch realised that there were some
villains who were carrying a great weight. The nigh watch
summoned them once asking who was there but he
didnt receive any answer. Intrigued, carrying a weapon,
repeated the summons, going on that direction. That
time he was answered with some curses and threats
with death and noticed some silhouettes coming towards
him. Frightened, he shot once towards the group and
withdrew himself. The villains, seeing that he was serious,
disappeared. When it got light, the night watch encounters
there a safe and near it the corpse of a villain. The night
watch announced immediately the police circumscription
in the area, to send a team on crime scene to investigate.
The policemen managed to determine the fact that, during
the night, the safe had been stolen from the trader Petre
Rdulescu from Colentina Road no. 48. It was also found
out that the villains had carried the safe 3 km without
being stopped by anyone. Inside the safe were lei 28.000
and a golden watch. From the platform where the safe
was placed, the villains had robbed 1500 lei.
The corpse of the shot villain was carried to morgue
for autopsy. His identity couldnt be determined initially.
Ioan Popescu, head of Judicial Identification Service,
went to morgue and took the imprints of corpse,
following to be looked for in the dactiloscopic archive if
the Identification Service with a view to determine his
identity. As Ioan Popescu declares for the magazine
Modern Police with a dactiloscopic formula, I had
the opportunity that within maximum 10 minutes to
encounter in such classification the record with identical
fingerprints. In addition, the record includes as well a
photo of the unknown individual killed, taken 21 years
ago. The record encountered belonged to a famous and
old robber and burglar called Costic Enciu Marin, gipsy,
born in 1862 in Moldoveni commune, Ialomita, but settled
for a long time in Militari commune, Principele Carol
hamlet, Spinoiu street, no. 61.4
756
The policemen went to the said address and found

out that Ionit Enciu Marin was with other three robbers:
Costic G. Ion, called Costea and the brothers Vasile and
Dumitru Miric, from Colentina.
In conclusion, it shall be considered the fact that the
Judicial Identification Service was the result of untiring
efforts of univ. prof. PhD Mina Minovici, being helped by
dr. Andrei Ionescu and Ioan Popescu who placed the
services on its real grounds.
Once the dactiloscopy was introduced, huge efforts
were needed being managed to complete over four
hundred thousands records. This service had connections
with all similar services in Europe and America in order
to discover the so-called distance dactiloscopy of
disappeared criminals and of the criminals followed by
foreign police.
Quoted bibliography:
1. L. Testut, 6th Anatomy Treaty, 1991 edition, edition by
O. Dour Pari, page 291, 292, 293.
2. Dr. Forgeot, Fingerprints studied from medicaljudiciary point of view, Lyon 1891
3. A. Frecon procedure, General Impresses, Lyon, 1899
4. Modern Police Magazine, 1st year, no. 4, July 1st
1926, the article Dactiloscopy miracles (A case of many),
Ioan Popescu, head of Judiciary Identification Service, Ilfov
Tribunal, page 11.
PERSONS WITH DEFICIENCIES - DISABILITIES

SOMATIC AND PSYCHOLOGICAL PERSPECTIVE
PERSOANELE CU DEFICIENE - DIZABILITI
PERSPECTIVA SOMATIC I PSIHOLOGIC
Chestor de poliie Gabriel RU
Psychologue Expert
Abstract
Deficiency for a person is considered a disadvantage that limits or prevents fulfillment of
a role in a social context, cultural by age, sex or occupation of such person.
In terms of social, summarizes the consequences of deficiency and failure with symptoms
varying depending on the severity of deficiency and environmental requirement. The social
consequences of disability are included in the notion that disability and can manifest in
various forms: self-disability itself, marginalization, inequality, segregation, exclusion.
In medicine the term is used deficiency - refers to deficit, to be treated by clinical or
laboratory methods and means. But may be of a sensory impairment, mental, motor,
behavioral or language.
In practice meet polymorphic clinical aspects that combines two or more features
disharmony, making complex symptoms paintings - mixed, personality disorders
(polymorphic).
Key words: deficit, functional pathology, disability, physical disability. mental deficiency,
sensorial disability, language disorders, activities - limitations.
Rezumat
Deficiena pentru o persoan este considerat un dezavantaj social care limiteaz sau
mpiedic mplinirea unui rol ntr-un context social, cultural, n funcie de vrst, de sexul
sau profesia persoanei respective.
Sub aspect social rezum consecinele deficienei i ale incapacitii cu manifestri
variabile n raport cu gravitatea deficienei i cu exigena mediului. Aceste consecine
pe plan social sunt incluse n noiunea de handicap respectiv de incapacitate i se
poate manifesta sub diferite forme: incapacitate propriu-zis, marginalizare, inegalitate,
segregare, excludere.
n medicin este folosit termenul deficien - se refer la deficit, care trebuie tratat prin
metode i mijloace clinice sau paraclinice. ns deficiena poate fi de natur senzorial,
mintal, motric, comportamental sau de limbaj.
n practic se ntlnesc aspecte clinice polimorfe care asociaz dou sau mai multe
trsturi dizarmonice, realiznd tablouri simptomatologice complexe - tulburri de
personalitate mixte (polimorfe).
Cuvinte cheie: deficit, patologie funcional, handicap, deficiena fizic, deficiena
mental, deficiena senzorial, tulburri de limbaj, activiti limitri.
In the literature meet more frequently depending on

how terms of dealing with persons with disabilities can
clarify some useful semantic demarcations correct
and nuanced understanding of the phenomena.
The psychology is the term used to signify
disability or deficit psychosocial disadvantage
that need to compensate a person suffering from a
deficiency.
In medicine is used the term deficiency - refers
to the deficit, to be treated by clinical or laboratory
methods and means. But may be of a sensory
impairment, mental, motorand behavioral or
language.
The failure to understand - loss anomaly, interference

with a permanent or temporary structures of anatomical
or physiological and psychological functioning also a
pathological condition stable or long-term, irreversible in
therapeutic activity and which affects their ability to work.
(A. Ghergut, 2000, p. 12)
The term used in medicine, genetic deficiency,
including a number of other terms with a semantic
meaning and a narrower scope, such as:
deficiency: quantitative deficiency is meaning,

that is what is missing to complete a certain amount or
whole;
757

defectiveness: refers to what causes a
shortage;
disability: notable decrease or absence of one or

more important factors requiring permanent protection is
incurable but can be re-educated and refers in particular
to motor impairment;
disability: involving the loss or temporary or

permanent work capacity;
disability: means a loss under the functional

aspect, a total or partial reduction of the possibility
of physical, mental, sensory changes resulting from
adaptation to a specific adaptive behavior. In other
words, failure is disrupting normal ability to perform an
activity or behavior, this disorder may be of a reversible
or irreversible, progressive or regressive. (A. Ghergut,
2000, p. 12)
In social consequences of deficiency and failure
summarizes the variables in the gravity events deficiency
and environmental requirement. (A. Albu, C. Albu, 2000,
p. 14)
The social consequences are included within the
definition of disability which can appear in different
forms: the actual disability, marginalization, inequality,
segregation, exclusion.
Deficiency for a person is considered a disadvantage
that limits or prevents fulfillment of a role in a social context,
cultural by age, sex or occupation of such person. Words
such as disability or impairment are beginning to be used
with ease, regardless of the situation, which results in
not only spreading false verbal labels, but the onset of
frustration and personal anguish ultimately accountable
to the emergence and consolidation of complex inferiority.
(C. Rusu, 1997. P. 54).
The analogy between the state of disease and
disability is based on different meanings of suffering.
If medical conditions it is primarily somatic pain (the
psychological effect of its being), if we refer deficiency
suffering rather functional to a failure either sensory
or motor plan, operational plan, either cognitive either
verbal-relational plan.
Causes of deficiencies
Deficiency can occur at any time there before or
after birth, the sudden or progressive and can affect the
body in varying degrees, the causes can be summarized
according to several criteria in several categories, so we
have:
Internal and external causes:
internal reasons: due to the processes of
growth and development, the nature of somatic functions,
organic and physical.
external causes: they are related to
environmental conditions and life.
Direct and indirect causes of action:
Direct: items of interest own deficiencies.
Indirect: a condition produced morphological or
functional. Both causes can affect the whole body (total
or global impairment), or certain segments of the body
(impaired regional or local segmentation).
Predisposing or contributory causes:
They are related to heredity and can occur because
of changes which suffer from intrauterine fetus.They can
occur due to premature birth or accidents obstetrical.
758
A. Before birth, approximately 60% of

malformations present at birth have no known
cause.
Known causes include:
1) Causes genetic deficiency in cells may be due to
the presence of an abnormal number of chromosomes
(Down syndrome L., Klimfelter syndrome, Turner
hermaphrodism), or a gene or chromosome abnormalities
(myopia, albinism).
2) Causes infectious child deficiency is related to the
presence of infectious diseases in the mother, embryo or
fetus that may infect and cause malformations (congenital
rubella, toxoplasmosis).
3) Causes toxic intrauterine period: many drugs are
not recommended during pregnancy, especially during
the first three months since the birth are responsible
for (intergenitale, endocrine and neuropsychiatric
disorders, various blood diseases). Some substances
such as alcohol and tobacco have shown toxicity.Also
in intrauterine period, but the external environment, the
risk of possible birth defects related to exposure to toxic
substances at work (organic solvents, anesthetic gases,
pesticides, lead, ionizing radiation exposure), trauma
abdomen, ingestion of toxic substances. During labor:
a premature birth, a difficult labor may account for a
deficiency in children, but often it is difficult to distinguish
between the terms of labor and terms of abnormal fetal
development during pregnancy.
B. deficiency that occurs after birth is the most
common traumatic cause, following a domestic
accident (at home, leisure, a traffic accident or
work), morphological and functional abnormalities,
osteomyelitis, hormonal disorders etc.
1) can also cause genetic, some genetic diseases
are revealed after birth (Adriana Albu, Constantin Albu,
op.cit. P. 24.)
2) other causes of deficiency can be infectious (see
polio) (Adriana Albu, Constantin Albu, op.cit. P. 24.)
3) Ageing is due to natural causes some of the
individual. To support the reduction of risk of having a
child with disabilities, welfare must take urgent measures
together with other stakeholders.
Classification of defect
Because deficiencies and disabled states,
encountered many people are multiple and pedagogical
implications, social, economic, legal, are of utmost
importance, it was following classification (Cristian B.
Buica. Op.cit.p.106 )
1. General deficiency
a) difficulties in movement for people with disabilities.
b) difficulties in expression and communication for
those with sensory impairments.
c) shortcomings in the way of adaptation to the rigors
of everyday life and social life for those with mental and
intellectual.
d) maintenance difficulties for people with no resources
and income.
2. Deficiency of a professional
a) Problems related to education and training of
persons with various forms and degrees of disability.
b) Difficulties in various job placement appropriate.
3. Psychiatric and social deficiency

Barriers that arise between those with and those without
disabilities because of prejudice or of representations
of the society they live in a hostile environment that is
around them.
Classic, there are
deficiencies:
I. Physical Disability;
II. Mental Deficiency;
III. Sensory Impairments.
three
categories
of
I. PHYSICAL DISABILITIES
Physical deficiencies category includes a very wide
range of morphological and functional disorders, many of
which are effects of some hereditary diseases that lead to
birth defects, such that disabling consequences of illness
(trauma, exposure to teratogenic factors, chemical,
radioactive) in fetal period.
Therefore it is an injury disability, and mobility that
weakens the body by external or internal pathological
changes (George Neamtu. Treaty Welfare, Polirom,
Bucharest, 2003, p.880)
Physical disability category includes both motor
and locomotors infirm and those suffering from some
permanent diseases (respiratory, cardiac, diabetes) that
negatively affect physical capacity.
Motor deficiencies are classified as follows:
I. Osteoarticulardisabilities;
II. Neurological disabilities of origin;
III. Chronic motor impairment that
predominant.
is
I. physical deficiencies of osteoarticular origin

include: congenital malformations, deformations
occurring during bone growth and sequelae after
accidents. (Cristian B Buica. Op.cit. P. 107)
a) Birth defects:
Amelia, the complete lack of a State;
catromelia lack a segment of State;
distal (hemimelie), shortage or plant;
proximal (focomelia), missing arm or thigh;
longitudinal forearm or leg is missing;
artrogripoza multiple congenital, is a disease
in which muscle problems (retractions), neurological
(paralysis), joint, skin and various dismofisme;
congenital dislocation of hip, congenital hip
dysplasia is due and is often bilateral;
congenital clubfoot is most commonly
associated with plant orientation inside.
b) Bone deformations occurring during the
growth process.
Bone deformation occurred during growth are the
spine osteo-condrodistrofii deformities, flat feet, limb
rickets and inequality (Cristian B Buica. Op.cit. P. 107).
Deformities of the spine are:
simple scoliotice attitudes appear in children who

develop muscle is weak;
epiphysis growth (Scheuermann disease),

presents the attitude cifotic (brought back), occurred
in a teenager who presented longilin in the previous step

a pronounced growth spurt in length;
Scoliosis true of adolescents appear because

their rotation axis vertebrae, with an inflection of the
spine;
cifozele appear in deviance spine in anteroposterior direction (facing concavity above), in most
cases are due to hypotonia cifozele back and abdominal
muscles;
osteocondistrofiile in terms of location, there

are injuries to the epiphysis of long bones, short bones
lesions, damage to the apophysis, articular surface
damage level;
flat foot, a condition common in children with

poor muscle development and is manifested by the fall
planting vault (George Neamtu, op. Chip. P. 884);
rickets occurs in children due to inadequate

dietary intake of calcium and vitamin D.The bones are
deformed under the action of body weight, they are subject.
It produces bending legs, chest deformation (base flaring
rib cage, sternum in the hull), spinal deformity, swelling of
extremities long bones. Inequality legs if the difference is
greater than 1-2 cm. imbalance occurs lumbar scoliosis
basin and installation. (George Neamtu, op cit.. P.
884).; This inequality is often accompanied by vicious
consolidated fractures. Shortening of a leg may occur
due to squeal of polio, a congenital shortenings due to
vascular abnormalities after osteomyelitis or as a result
of poor position of the femoral neck.
c) Squeal of accidents.
Accidents common in children, causes of temporary
or permanent disabilities (Adriana ALBU Constantin
ALBU, pedagogical and Medical Assistance Child
physical, Polirom, 2000, p. 35).
c.1) Temporary motor deficiencies are:
Pronation painful, is common in children of 3-6
years due to a radical dislocation (cubital the elbow).
dislocation: shoulder dislocation is the most
common and occurs mainly in adolescents. Manifested
by a violent pain with shoulder movement impossible.
fracture: is difficult to recognize in children
because the bones are still flexible, fracture occurs in
the green wood with a reduced bone displacement.
The most common fractures are collarbone and elbow.
(Adriana ALBU Constantin ALBU, pedagogical and
Medical Assistance Child physical, Polirom, 2000. P.
35).
head injuries are rare, but are dangerous and
can lead to neurological disorders.
c.2) Permanent motor deficiencies are the
amputations.
II. NEUROLOGICAL DISABILITIES.
In this category of disability in: neuron diseases
and peripheral neurological disorders metric evolution
(George Neamtu, op. Chip. P.887).
In this type of deficiency are included: cerebral
motor infirmity, peripheral motor neuron disease and
progressive neurological conditions (Adriana ALBU
Constantin ALBU, John Petcu. Assistance in the family
of the person with disabilities, Polirom, 2001, p. 58).
a) cerebral motor infirmity, is manifested
by difficulties motor plus associated disorders, and
759
paralysis spastic paralysis represented by coordination

problems accompanied by the emergence of involuntary
movements and balance disorders. Epilepsy associated
disorders are the problems of intellectual, psychological,
sensory and instrumental (conception and execution
disorders gestures).
b) peripheral motor neuron diseases, including:
sequelae of polio in the first phase is flaccid
paralysis and affects the limbs and trunk unevenly. In
some cases a member may remain fully affected, while
in other cases remain affected only some muscles.
spina bifida is a congenital disorder that occurs
due to malformation of the spinal and posterior arch of the
lumbar vertebrae. Thus appears to be spastic paralysis
or flaccid, depending on the size of birth and where they
are. This paralysis is accompanied by the appearance
of muscle retraction and deformation of bones. (Adriana
ALBU Constantin ALBU, John Petcu, assistance in the
family of the person with disabilities, Polirom, 2001, p.
58).
paraplegia, affecting both legs, is due to spinal
disease (spinal cord compression, trauma or vascular
rupture).
c) progressive neurological disorders in this
category myopathy and some neurological dystrophies.
myopathies are inherited diseases and family
can have different forms. Progressive paralysis in this
disease appear to be accompanied by bone deformities
and muscle retractions.
neuromuscular dystrophies, in this section shall:
myasthenia and dermaliozita, here are included Friedreich
disease, Werding-Hoffman disease.Friedreichs disease
progresses tetraplagie sometimes spastic, with scoliosis
and balance disorders due to cerebellar achieve (George
Neamtu, op cit.., P. 890).
d) chronic progressive diseases articulated.
This category included poliartitele rheumatic
arthropathy in haemophilia and the child. (George
Neamtu, op cit.., P. 890) can be solved at present
because of replacement treatment with antihemofilici
factors A and B.
All of these disabilities are often associated with other
deficiencies, thus early diagnosis may lead to mitigation
and improve the lives and even to final disposal, if it is
incipient and not something that has an irreversible
trend.
II.
MENTAL DISABILITIES
With mental disability, means a significant reduction

in intellectual and mental capacity, causing a number of
disorders of reactions and mechanisms of adaptation of
the individual (Cristian Neamtu, Alois Ghergut, Special
Education, Polirom, Iasi, 2000, p.53)
The literature uses several terms synonymous to
determine mental deficiency. The most common are:
Retarded;
Delay mental
Oligophrenia;
Mental backwardness;
Intellectual retard;
Mental debility.
Categories of factors that influence the occurrence of
organic and functional disorders of the nervous system
are:
760
Hereditary Mental Nature;
Organic Mental Nature;
Educational Gaps Caused By Mental, Emotional,

Socio-Cultural.
Sensory Deficiencies:
Sensory deficiencies are caused by some dysfunction
or disorder of the main analyzer, visual and auditory.
Hearing
Hearing deficiencies are often the consequence of
anatomical malformations or functional disorders of the
auditory analyzer structures and can be classified as
follows:
Transmission deafness - is due to difficulties in
installing sound waves in their passage from the outside to
the inner ear. The external and middle ear malformations,
damage to the eardrum, blocking the ear canal or the
occurrence of disease in the middle ear structures.
Perception deafness - caused by damage to the inner
ear, auditory nerve or nerve centers of the cortex.
Mixed deafness - deafness includes both elements
of the transmission and perception, such as otosclerosis
consecutive disease, sequelae operators.
Hearing loss before the age of 2-3 years has mutitatea
result; we have to deal with a deaf-mute child.
Visually impaired.
The main functional indices of visually impaired are:
Visual acuity, distance from the eye can perceive

the object;
Visual field, the space may levy eye when the

fixed object;
Light sensitivity, the ability to distinguish different

intensities of light;
Sensitivity control;
Color sensitivity, the ability to perceive colors;
Visual efficiency, capacity of the visual stimuli at

central level.
Depending on the acoustic and visual cues can be
identified:
easy amblyopia, visual acuity indices between

0.5 and 0.3;
average amblyopia, visual acuity indices between

0.2 and 0.1;
strong amblyopia, visual clues contained less

than 0.1.
- Cecitate relative - with hand movements and
light perception;
- Absolute blindness without light perception.
Visual deficiencies are characterized by: difficulties
in fixing their image or perception of failure, a slowdown
of mental development, lack of visual control, lack of
movement, balance difficulties.
Representations are often incomplete, poor in details,
often deficiencies are associated with other deficiencies:
blindness and / or deaf mutilate associated with deficiency
of intellect, blindness associated with balance disorders,
blindness associated with impaired driving.
Language disorders
Classification:
A. Problems with speech
1. Disturbances pronounced:
a. Dislalia;
b. Rinolalia;
c. Dysarthria.
2. Arrhythmias and fluency:
a. Stuttering;
b. Tahilalia;
c. Bradilalia.
3. Voice disorders:
a. Afon;
b. Dysphonia;
c. Fonastenia.
B. Disorders of reading and writing:
a. Alex Dyslexia;
b. Staples-Dysgraphia.
C. complex disorders (Poliform) language:
a. Alalia-motor-sensory;
b. Aphasia-motor-sensory.
D. Disorders of language development:
a. Psychogenic mutism or volunteer;
b. Delay in general development of
speech.
People with language disorders characterized by
fragility and instability at the level of personality traits.
In people with speech disorders may be observed
pressure conditions that adversely affect the normal
development of character and mental processes,
language disorders can be a stressful factor when
deficiencies cannot find the necessary understanding to
the situation in its relationship circle.
If intellectual deficiency can cause increased
language disorders and behavioral mental disorders,
language disorders occur when the background of other
deficiencies, such as sensory or physical disorders
existing personality is accentuated in all cases.
For people with language disorders, even if they have
a level of advanced culture, there is a certain restraint
in presenting ideas. Language disorders can also cause
psychomotor excitation, manifested by constant agitation
accompanied by affection and emotional disorders that
can be combined with depression, delays in mental
development, rigidity of thought and action and resistance
to change.
THE CLINICAL PICTURE OF PEOPLE WITH
DISABILITIES
In practice meet polymorphic clinical aspects that
combine two or more features disharmony, making
complex symptoms paintings - mixed personality
disorders (polymorphic).
Next, we focus on the actual shape of the main issues
posed by a person, depending on the degree of impairment
that is medically classified from mild impairment to the
deep and serious in terms of mental function, social
adjustment, degree of regression of intellectual function,
personality disorders, etc..
According to Order no. 1992/200 of 19.11.2007
published in Official Gazette, Part I no. 885 of
27/12/2007 to approve medical and psychosocial criteria
which establish the degree of disability classification

in Nr. 762/1.992 Ministry of Labor, Family and Equal
Opportunities, Ministry of Public Health have extracted
and retained elements that are essential in understanding
physiological and mental limitations of people with
disabilities.
DEFICIENCY Mild / Mild Disabilities
A. a mental functions and psychosocial
Mild mental retardation (IQ - 50-55/70)
Present oral and written communication skills,
but show a delay of 2-3 years in the evolution of school
without it being caused by deficient education, learning
difficulties and poor thinking. Deficiencies manifest only
if intellectual application.
You can engage in simple activities.
Can carry out lucrative if they benefit from
support services.
ACTIVITIES - Limitations:
Develop a rule, social and communication skills
during the preschool years, have a minimum deterioration
in sensorimotor motor areas;
Require training in special circumstances;
Need help to start labor market and social
integration to achieve independent living skills;
May acquire adequate knowledge of the sixth
grade level, acquire social skills and appropriate training
for self-sustainability can live satisfactorily in society
where there is an associated disorder;
Monitoring and educational measures for those
with deviant behavior.
Sometimes associated behavioral disturbances
that can reach the intensity of anti-social acts, the addition
of psychoactive substances.
B.
Regression
(deterioration)
intellectual
function
Cognitive impairment, cortical atrophy, mild /
general;
Forget recent events;
The need to repeat several times a story for
storing;
Hesitation in answering questions.
Overload can conduct without physical / mental
conditions of physical and psychological comfort in the
collective environment.
C. Personality Disorder
Refers to types of personality disorder (structural
disease-psychopaths)
a. paranoid personality disorder;
b.schizoid personality disorder;
c. antisocial personality disorder;
d. emotional unstable personality disorder
- impulse type
- borderline type;
Characterized by:
1. incomplete control of volitional and instinctiveemotional spheres,
761
2. recognizing the structural deficit,

3. inability to smooth integration and constant social
environment.
Decompensating short with rare frequency (1-2/
an), the neurotic intensity, with good remission, either
spontaneously or with treatment.
Monitoring medico psycho-social prevention of
psychotic decompensating.
ACTIVITIES - LIMITATIONS
Psychomotor development were low;
Can perform simple tasks.
Need help to perform activities for which they
were trained;
Facilitating interpersonal relations team working
for social inclusion;
Dependence of partial self-service, care, social
life, self-determination.
AVERAGE DEFICIENCY / DISABLED MEDIUM

B. Regression (deterioration) intellectual function:
A. and psychosocial mental functions:
Mild mental retardation (IQ - 50-55/70) may be

associated with other sensory impairments, epilepsy,
behavioral disorders or autism. Depending on the severity
of associated disabilities, will move to seriously handicap
or 3.
Mental retardation moderate (IQ - 35-50) people acquire basic operations with difficulty but can
learn to read and write short words, have basic skills of
self and adapt to simple routine activities, have sufficient
self-protection capabilities and can be integrated into the
community and carry out business activities in protected
conditions.
ACTIVITIES - Limitations:
Can get training and, with moderate supervision,

can take care of themselves;
May perform lucrative activities;
Need support to acquire a trade, depending on

skills / abilities. May perform specialized tasks, requiring
periodic guidance;
Peak transfer activities and especially decisionmaking responsibility to other team members.
They need support services for social

integration.
marked generalized cortical atrophy;
forgetting names, phone numbers, addresses;
forgetting recent conversation, current events;
Unfinished tasks because they do not know

where to resume.
C. Personality Disorder:
Decompensating
frequently
(over
2/an)
intensity psychotic possible deteriorative elements, poor
therapeutic efficiency associated with consumption of
toxic substances;
Difficulty major socio-professional relationship,

conflictual marked, repeated failures at work, frequent
job changes;
Types: paranoid, schizoid, antisocial.

SERIOUS DEFICIENCIES / SEVERE HANDICAP
Profound mental retardation - (IQ <21)
Minimum sensory-motor development, responds
to simple commands long run, they need ongoing support
and self-control are unable auto control.
Requires an environment supportive psychosocial, family and access to specialized services.

Memory impairment and mild mental disorders;

Increasing memory disorders;
Moderate social damage, difficulties in work;
More frequent decompensating (2-3/an), longer

lasting, neurotic, with behavioral exacerbations, possibly
associating the consumption of toxic substances.
Disorders can be partly offset by treatment.
Types: paranoid, schizoid, antisocial.
marked cerebral cortical atrophy, with no

movement disorders;
dementia of Alzheimers - marked cortical atrophy

in frontal and parietal lobes;
forgetting the names of loved ones;
forgetting personal data
incapable of memorizing;
deterioration trial, control pulsional;
triad pathognomonic present (agonize, apraxia,

aphasia).
DEFICIENCY BOOST / HANDICAP

Increased mental retardation - (QI - 21-34);
Adapting to new situations is not done according

to chronological age;
The person has a slow growth rate, improvement

curve is capped with mental blockages occur;
The ability to perform simple tasks under

supervision, they need support services and can adapt
to family life, community.
762
Require home care or social services specialist.

Limitation in social networking, lack of selfdetermination.
1. People with sociopathic behavior without control
sphere instinctual, emotional and behavioral;
2. He does not recognize the structural deficit;
3. They generally court to impose prohibition.
***
Notes
1. He was referring to mental retardation and autistic
disorder.
Mental delay is characterized by significantly below
average intellectual functioning (an IQ below 70 with
onset before age 18 years) as well as concurrent deficits
or deterioration in adaptive activity in at least two of the
following areas: communication, self-care, family life, social
skills, use of community resources, self, functional academic
skills, leisure, health and safety.
Autistic Disorder is a disorder characterized by pervasive
development: qualitative deterioration in social interaction,
deterioration in communication quality and stereotyped and
restricted patterns of behavior, interests and activities. It is
also characterized by delays, with onset before age 3 years,
at least one of the following areas:
social interaction;
language as used in social communication;
imaginative or symbolic play.

Interpersonal relationships involved generate anxiety
especially when contact with strangers. Generates anxiety
and environmental changes. These people have emotional
and cognitive skills that lead to the formation of normal
interpersonal skills (pathological retreat itself).
2. It refers to degenerative dementias atrophic-(senile
dementia, dementia in Alzheimers disease, Picks disease),
diseases affecting primary, direct and selective brain
characterized by:
loss of intellectual abilities, severe enough to
interfere with social activities and professional;
abstract thinking damage;
problems with higher cortical: aphasia, apraxia,
agnozie, difficulty Structure;
personality changes;
clear consciousness.
Alzheimers dementia - dementia atypical early onset
or late with generalized cerebral atrophy. Higher mental
functions are lost classic neurological function, and the
visceral, are preserved.
Pick dementia - the much rarer, affecting frontal and
temporal regions of the cortex. Evolving pronounced apathy
and memory impairment;
3. Depth determines the classification associated
deficiency in the category of disabled person, depending on
the intensity of functional disorders caused by the structure
or structures affected.
4. To the extent that there is another associated disability
requiring special care or behavioral disorders.
References cited:
1) A. Albu, Albu C., pedagogical and medical assistance
to children with disabilities. Polirom, 2000.
2) Albu C., family child care in functional impairment.
Polirom 2001.
3) Adriana ALBU Constantin ALBU, pedagogical and
medical assistance to physically disabled child, Ed. Polirom
2000.
4) C. Albu, Psihomotricitate the age of growth and

development. Editura Spiru Haret. let 1990
5) Breck, Jonhn, sacred gift of life. Publisher pathos.
Cluj-Napoca 2001.
6) Buica BC defectologiei bases. Aramis Publishing
2000.
7) Buica BC, controversial issues in childhood autism,
society and disability. Polirom 2000.
8) Cosma Rusu, impairments, disabilities, disability.Pro
Humanitas Publishing House, Bucharest 1997
9) Dafmoiu I., Elements of Psychotherapy Integration.
Polirom.let 2002.
10) R. Doran, Papot F., Dictionary of Psychology.
Humanitas Publishing House Bucharest, 1996.
11) Ghergut A., Psycho-pedagogy of persons with special
needs. Polirom. 2000.
12) A. Giddens, Sociology. trad. Sandulescu, Radu. BIC/
ALL2000 Publishing.
13) 1 l. Itu, family emotional climate M. and influence
which they exert in educating the child. Publisher Politlca
Bucharest 1978.
14) Mitrofan I., Mushroom C., Insights into psychology
and psihosexologie.Publishing Press, Mihaela SRL.
Bucharest 1998.
15) Mitrofan I., Mushroom C. Family A to Z Glossary of
family life.
Scientific and Encyclopedic Publishing House Bucharest
2001
16) Mitrofan I., fungus C., obstacle course of human
development. Publisher
Scientific and Encyclopedic Bucharest 2001
17) Irina Moroianu, Zlatescu, PhD. Florean Sljeanu.
Equal opportunities for people with disabilities. Bucharest
2004.
18) A. Ionescu, medical gymnastics, Editura All.
Bucharest 2002.
19) Order of Labour, Family and Equal Sansenr.
1992/2007 of 19.11.2007 - published in the Official Gazette,
Part I no. 885 of 27.12.2007
20) C. Neamtu, Ghergut A., Special Education. Polirom
2003.
21) Neamtu, G., Social Assistance Treaty. Polirom
2003.
22) C. Oltean, sheltered employment, socio-professional
integration methods of a persons disability. Didactic and
Pedagogic Publishing House Bucharest, 1977.
23) C. Paunescu, mental deficiency and learning process.
Didactic and Pedagogical Publishing House Bucharest,
1976.
24) C. Paunescu, special Psychopedagogy integrative,
mental handicap, intellectual disability. Humanitas Publishing
House Bucharest pro 1997.
25) N. Robanescu, rehabilitation handicapped child.
Medical Publishing House Bucharest, 1978.
26) D. Popovici, communication development in children
with mental deficiency. Humanitas Publishing House
Bucharest 2000 pro.
27) Russian, C., deficiency, incapacity, disability.
Humanitas Publishing House Bucharest 1997 pro.
763
TECHNICAL - FORENSIC PITFALLS

CAPCANELE TEHNICO-CRIMINALISTICE
Police Chief Commissioner drd. Mircea LUPU, G.I.R.P.
Abstract
The article presents some aspects regarding technical-forensic use of pitfalls in the fight
against committing crimes (preventive and repressive role). Furthermore are highlighted
the following types of traps: chemical, odourly, radioactive, optical and acoustic. Also, the
article presents criminal procedural law aspects of the means of evidence.
Key words: technical-forensic pitfalls, technical-forensic markings, chemical markings,
radiolabelling, marking effectiveness.
Rezumat
Articolul prezint unele aspecte referitoare la folosirea capcanelor tehnico-criminalistice
n lupta mpotriva comiterii de infraciuni (rol preventiv i represiv). Sunt scoase n eviden
urmtoarele tipuri de capcane: chimic, odorant, radioactiv, optic i fonic. De
asemenea, n articol sunt prezentate aspecte de drept procesual penal privind mijloacele
de prob.
Cuvinte cheie: capcanele tehnico-criminalistice; marcrile tehnico-criminalistice; marcri
chimice; marcri radioactive; eficiena marcrilor.
1. General on technical and forensic pitfalls

In Romanian language vocabulary, the word
trap has a proper meaning and a figurative own:
first understand the various mechanical devices
designed for catching wild animals by hunters, in the
second designated intelligence maneuvers by which
a person is caught in a race of cunning.
The trap is a concept frequently used in professional
police officers vocabulary, which shows a special operation
organized to be caught yet unidentified authors of crimes
and which are good assumptions that are present in a
particular place. It can be organized in two distinct ways,
either by disposition of police officers around the lens
where it is believed that criminals should arrive either by
installing technical means that will indicate the presence
of offenders and will make them identifiable in near
future.
The first category may be called tactical-operational
trap and is known for a long time in all units of police
practice. It is provided in some regulations and instructions
of the police as the wait, as one of the police actions. A
second type of trap in the literature is referred to as the
technical and forensic trap.
Technical forensic trap work is a process that is
using technical means arranged in secret in a precisely
determined and they have information about a suspect
that would commit a criminal act or have reason to in
order to find authors.
Using traps to fight the commission of criminal
offenses has a double role:
* preventive, as always by identifying the perpetrators
reach the line of criminal deterrence and limit damage,
764
especially if we take into account that almost invariably

have to deal with facts repeatedly with continuing
offense;
* repression, by identifying, catching and criminal
liability of perpetrators.
It should be borne in mind that generally is not known
what date and what time the offender will repeat illegal
action, sometimes going days or even weeks to works a
new commission. From this point of view a trap is highly
efficient and she performed her role in time without the
use of effective and high efficiency, being effective in all
circumstances, for example at night when the reception
power of man is reduced or when, due weather and
fatigue, attention weakens.
In a cellar in Prahova County, author unknown,
repeatedly penetrate through one of the vents, stealing
large quantities of wine. He proceeded to organize a
barrel traps by surface lubrication with grease mixed with
yellow fluorescent powder. After about a month after it
was stolen, suspects come again and were caught by
controlling UV (ultraviolet).
Marking elements obtained by organizing a fall traps
in our view constitutes legal evidence that any element
which serves to establish the existence or nonexistent
of a crime, to identify the person who committed it and
know the facts.
Romanian legislation enshrines the basic principle that
the truth can be achieved by any evidence, which implies
the obligation for the judiciary to seek and explore all the
factual evidence which is subject to criminal proceedings,
the facts and circumstances of the individual offender.
Forensic marking traps evidence is a technicalscientific truth in the service stay for that according to our
system of law, it is not one of those prohibited by law as
violence, threat or other means of coercion.
If the terms of the sample, ie the existence of any other

substance or material objects marking the author or the
offense as an element of fact, no amount of discussion
as the question and about the process marking unknown
perpetrator organizing traps at committing the offense,
according to the rule that follows the main accessory.
Each trap is held just after the start of criminal activity,
a place and a time known to a circle of suspects, usually
accurately determined, with the aim of identifying and
catching the perpetrators, thus committing string repeated
offenses or offense continued growth and preventing
damage.
Depending on the type of offense, the specific scene
and forensic science circle of suspects has developed
the following types of traps: chemical, odorant, radiation,
optics and sound.
Chemical trap
It is spread to where is supposed to be committed
the offense of chemicals that will, come into contact with
the author and will join his clothes and body, and after
their highlight will identify the person who was present
at commission of the act. To organize such a trap, the
chemical that spreads on the various objects and surfaces
on door handles, furniture, floor, the products may be
the subject of crime. This type of trap is effective only
for a circle of suspects accurately determined, such as
a warehouse staff, a shop, a railway station, a business
workshop.
Scent trap
It is organized by spreading the place where
assumptions
grounds that it will commit an offense of substances
that will send a discreet scent specific individual offender,
whose route will then be followed with service dog.
When using these traps, the smell of the substance
is transmitted most often on the soles of shoes and
therefore its use efficiency is very high in rural areas or
small towns.
It is also advisable to be organized traps where
there can be precisely determined circle of suspects,
the dog being the leading, after following the scent, the
perpetrators. The smell in these situations, it may take
up to 5-6 days.
Radioactive trap
This is a radioactive isotope used to create invisible
barriers in the way of the author by radiation on the scene
or for marking various objects of the offense; the offender
will transmit radiation, making it a tracer that can be
detected remotely.
Nuclear radiation nuclide specific identity serves as a
sign of the trap.
This method surpasses them in terms of sensitivity
and accuracy, those chemicals, because under normal
conditions there is no possibility that the offender to
come into contact with radioactive substances prepared,
thus avoiding errors.
As a chemical trap, radioactive trap usually install in
places where there is a determined circle of suspects,
among whom it is to find the person marked by
radioactivity.
Optical trap
Optical trap is organized by the installation of
technical mechanisms for photographing, filming or video
magnetic recording perpetrators, using visible or invisible
optical radiation. This trap is created starting from the

need to find the detection process in situations where
the perpetrator: it is not possible radioactive chemical
treatment or place or object concerned or not people can
form a circle precisely determined and relatively small.
Thus, taking into account that the author is not marked
in any way to be discovered by using image registration
for investigation, verification filing cabinet, published in
the press or otherwise used by the prosecution.
Sound trap
Sound Trap consists of installing a sound recording
device in place is supposed to repeat the offense in order
to record some sounds, such as participants voices,
footsteps of the shooting sound in case of poaching, fan
noise made by author steps, etc.
2. Legal aspects of criminal procedural law
Under the law, the prosecution must establish the time
and completely the facts constituting the offense, so that
any person who has committed a criminal offense liable
to be under legal any innocent person not to be held in
criminally liable.
To achieve this goal it is necessary in all cases to
establish the material truth on the offense committed the
circumstances of its commission and of the individual
offender. To stay researched truth in a criminal case, the
prosecution must discover and manage samples and
evidence.
According to the criminal procedure law, the evidence
are the statements the defendant, the statements of
victims, the civil party and civilly responsible party, witness
statements, documents, videos, audio and audio-video,
photos, material means of evidence, the technical and
scientific findings and forensic expertise.
The law also states that processes are evidencefinding records and documents completed by other
bodies, if the law provides.
In all these situations, the minutes catching in the act
to which the corpus delicti or attach their photos, is an
effective evidence proving that.
In addition, in some situations where the scene were
mounted and photo or video recording media or chemical
marking, its findings must be recorded in the minutes to
be drawn.
In addition to the minutes of finding flagrant crime,
particularly important are the other evidence which can
be obtained on this occasion, namely: the perpetrator
statements, eyewitness testimony, material evidence.
There is also the possibility that, based on the
psychological effect that causes the trap to obtain a
statement from the offender as sincere and complete.
From the tactical point of view, this time offender can
insist and require more detailed data about how prepared
the perpetration, accomplices, circumstances favored
him so.
Another possibility to obtain evidence by using traps
is the provision of the Code of Criminal Procedure on
the conduct of technical and scientific findings. Article
112 provides that in some situations requiring urgent
clarification of facts or circumstances of the case and the
danger of disappearance of evidence, the prosecuting
authority can use knowledge of a specialist or technician,
having ex officio or upon request make a technical and
scientific findings.
765
The use of chemical traps we find fully as indicated

by this article.
Thus, substance harvested from hand, clothing or other
objects belonging to the offender, sent to a specialized
laboratory with substance harvested from the property,
values that were the subject of crime, will reveal their
identity and therefore, in conjunction with other evidence
will establish the guilt of the person concerned.
In addition, it is fulfilling another requirement of prior
criminal acts, can be obtained and other evidence.
As a result, the installation of the trap will produce
a report showing that the installation has taken the trap
and its purpose, and people who have learned the trap
installation.
When catching the perpetrator, after the alert or its
marking the trap, ending a new protocol in the presence
of the same people who have noted the installation of
the trap.
This report will record exactly where to find the person
(where that is on him as evidenced in their hands, clothing
or other objects that belong to him).
Finally, using special traps at the scene by
photographing, filming or recording of the voice, we
can achieve given the material means of art. 94, Code
of Criminal Procedure, objects which contain or bear a
trace of offense, and any other objects that may serve to
truth are required as evidence.
By filming or recording images on magnetic tape can
be obtained and complete data that will demonstrate
actions of the perpetrator at the scene, the precautions
taken and how they tried to hide the fact.
If the perpetrators spoke at the scene, the band
talks complemented by technical and scientific findings
(vocograma) will be evidence that will highlight the work
and the guilt involved.
3. Technical and forensic markings
These work processes consisting in the use of secret
means arranged in a precisely determined and related
to data and information that have or have reason to
suspect that they will commit a crime in order to discover
its authors.
Use of technical and forensic markings in judiciary
activity concern:
prevention of new crimes to be committed by
identifying perpetrators of criminal acts range, stops and
limit their consequences;
identify the perpetrator, catching and pulling it to
criminal liability, resulting in evidence to prove his criminal
activity;
recovery of damage caused by crime.
The legal basis of using labels, it is criminal laws
which establish the duties incumbent upon the police to
protect property and other social values protected by law.
These bodies are required to take special measures to
knowledge about the illegal activities of persons who are
no data that are preparing to commit or commit crimes in
order to be able to prevent or to find and prosecute those
guilty of criminal liability.
Data obtained using the forensic indications results
meet our law principles according to which samples are
any facts that serve the finding of whether the crime and
identify perpetrators.
Using the forensic markings for obtaining forensic
evidence in criminal law is not contrary to our rules as
they are not in the category of prohibited by law.
766
The indications criminal organization is usually after

the start of criminal activity in places and periods of time
known to a circle of suspects precisely determined in
order to identify and catching the perpetrators and the
disruption of illegal activities, given that the most cases
the offenses were committed repeatedly, or take the form
of continued crime.
Ways in which markings widely vary are used taking
into account the mode of operation, the object of the
offense, the conditions of place, time, number of people
included in the circle of suspects.
Technical and forensic markings can be divided into:
chemical marking, odoriferous marking, radio labelling.
Regardless of the type of technical forensic marking to
be used, the organization and its use must meet general
requirements, namely:
a) Opportunity of application
In assessing this requirement is necessary to consider
where the objective is and which the goods or values to
be protected and committed crimes.
b) The efficiency of marking is closely related
to the opportunity and means mainly to assess the
result obtained by its use.
c) Ability to operate in best conditions, as
for marking but for results also. This should be
considered in operating efficiency results, because
the perpetrator should not to remove or neutralize
the mark. In relation to the operative situation, and
purpose, the marking operation can be done openly
or conspired.
d) Technical and forensic marking secrecy
In marking shall participate the criminal investigation
body and specialists, witnesses and eventually the victim,
responsible of the injured part, provided that they are not
suspected as perpetrators of crime.
People who become aware of the achievement
marking are trained on the secrecy of the action.
Sometimes for the application of marking a legend can
be used to ensure secrecy of using this method.
e) Marking should not harm the health or physical
integrity of those who uses and the perpetrator. As a
result, should not be used, in any event, marking that
would harm health or physical integrity of persons.
Bibliography:
1. Romanias Criminal Code
2. Romanias Criminal Procedure Code
3. Law no 65/ 1992
4. Law no 140/ 1996
5. Law no 141/ 1996
6. V. Dobrinoiu, Corruption in Criminal Law, Arta
Lex Publishing House, Bucharest, 1995;
7. Constantin Drghici, Mircea Lupu, Criminology
Technique, 2nd Edition, LIBRA Cultural Foundation
Publishing House, Bucharest, 1958;
8. Al. Tucudeanu Notes/ Remarks to the Emergency
Ordinance no 43/ 2002 on the Public Prosecutors
Anticorruption Department, in Law Magazine, no
7/2002.
Views
FORENSIC MEDICINE ACTIVITY ON THE

FRINGES OF JUSTICE (OR SIMPLE GRAPHICAL
SIGNS ... PUNCTUATION MARKS)
PROBAIUNEA MEDICO-LEGAL PE EICHIERUL
JUSTIIEI (SAU SIMPLE SEMNE GRAFICE
... DE PUNCTUAIE)
Ph.D. Prof. Valentin IFTENIE
Ph.D. Prof. Dan DERMENGIU
National Institute of Forensic Medicine - Prof. Dr. Mina Minovici
Abstract
Highlighting features of the activity of medico-legal institution, within the competence of
the Ministry of Health, in order to ensure the independent status of the medico-legal expert,
not subordinated by the Ministry of Justice or Ministry of Administration and Interior, this
article highlights the importance of medio-legal expertise in justice whenever is necessary
a specialized interpretation about human being.
Founded out of necessity, following the practice of justice that requires the existence of
a fair, impartial opinion about human biology, legal medicine successfully passed the test
time, unforgiving with many institutions. Legal medicine has proven useful in spite of the
difficulties. Various points of view about independent medico-legal expert, advertised in
various publications, who does not works in official medico-legal institution, determine in
reallity a disservice to the medico-legal institution, given by the questionable usefulness
of independent medico-legal expert. This article presents compelling arguments for
maintaining official medico-legal institution as a guarantee of an objectively and scientifically
evidence in court.
Key words: Judicial proofs in Justice, medico-legal expertise, E.C.H.R., the coroner is
forbidden to have clients, independent medico-legal expert.
Rezumat
Reliefnd particularitile activitii de probaiune ale instituiei medico-legale oficiale,
aflat n aria de competen a Ministerului Sntii tocmai pentru a asigura statutul de
expert independent al medicului legist, nesubordonat Ministerului Justiiei sau Ministerului
Administraiei i Internelor, articolul evideniaz importana expertizelor medico-legale n
ansamblul probaiunii judiciare ori de cte ori sunt necesare interpretri de specialitate cu
privire la fiina uman.
Aprut din necesitate, rezultat din activitatea practic judiciar ce reclam existena
unui factor imparial, echidistant care, ns s posede cunotinele de specialitate n legtur
cu biologicul uman, medicina legal, depind cu succes proba timpului, neierttoare cu
multe instituii i-a dovedit utilitatea n pofida dificultilor cu care s-a confruntat. Diverse
puncte de vedere cu privire la instituia medicului legist expert independent (care nu-i
desfoar activitatea n cadrul instituiei medico-legale oficiale) care ncearc s-i fac
loc, popularizate n diverse publicaii, nu fac dect un deserviciu instituiei medico-legale
oficiale n contextul n care utilitatea unui astfel de expert (independent) este ndoielnic.
Sunt prezentate argumente irefutabile n favoarea meninerii instituiei medico-legale
oficiale ca o garanie a ntocmirii unui material probator obiectiv i implicit a unui proces
juridic echitabil.
Cuvinte cheie: Probaiunea n justiie; expertiza medico-legal; C.E.D.O.; medicului
legist i este interzis s aib clientel; expertul medical-legal independent.
Whenever the question of legal proof of status quo
by examining the person or human bodies, forensics
as an official institution that commands respect both
in Romania and in any other country, responded not
only promptly but also with the welfare of any claim,
trying each time to meet various specifications

including judicial bodies, nuances, etc., in addition
to conclusions so as to be as accessible as possible.
Whether regarding tanatologia by examining the site
and the institution of the cadaver human forensic
767
or forensic clinic, which involves assessing the

person and/or medical documentation, the medical
examiner has always been a fundamental element
in the sinuous score which is written on the arias
notes, as needed as it is sometimes disputed, of the
judicial probation, cardinal element in establishing
the constitutive elements of the crime and legal
sanction of default.
Working in the forensic institution, subordinated to the
Ministry of Health (except the period between years 1931
to 1953 when it was under the Ministry of Justice), in order
to demonstrate the independence in relation to the judiciary
in the area of jurisdiction of the Ministry of Justice, Public
Ministry or the Ministry of Administration and Interior, the
coroner has made their views in connection with cases
under evaluation, without being compelled by any of the
institutions with which they collaborate and answer their
questions, so that the legal settlement to be effective and
applied in a reasonable time. From this venust fact, a
question mark (?) and an exclamation one (!), meaning
at the same time, the interrogation that does not find the
answer and the materialization of a state of affect with
an exclamation arise when, skimming the pages of the
prestigious publication entitled Palace of Justice, i.e.
the number 5/2011, ennobled by the signatures of some
lawyers leading brand (I do not deny that I have great
sympathy to Mr. Ovidiu Predescu), information and legal
culture journal, edited by the Union of Jurists of Romania
and the Titu Maiorescu Society, we observe a title that,
for any coroner can only be exciting: Managing forensic
proof signed by Mr. prof. Dr. Vladimir Belis, President
of the Romanian Society of Legal Medicine. At once you
think forensics makes its presence felt, being invited to
speak its views through elite lawyers. That is very good,
a fortiori as long as the detractors pack doesnt stop
biting this institution that seeks to contribute to the judicial
probation, not simple at all, by making the documentary
evidence admissible, relevant, convincing and especially
useful.
As the lines run by in front of the eyes, a touch of
sophistry makes its way stronger and stronger, in which
however, it can be observed the ability to edge of some
phrases with particular resonance in the legal field,
whose work is sometimes corrected by ECHR, phrases
like decisions that are fair, effective remedy before an
independent and impartial tribunal, equality of arms to the
parties. In essence, under the guise of these undeniable
qualities of any trial conducted in a democratic state, the
author, by idiolalia, preaches the institution of independent
forensic expert, by liberalization of forensic work within
the meaning of the establishment of private forensic
laboratories, as it is also tried in forensic examinations.
If forensics can admit such an approach, so the team
appreciated the efforts coordinated by Professor col.
(R) Vasile Lpdui to promote a legislation through
which to liberalize forensic, meaning forensic experts
for the purpose of establishing independent institutions
- private, in forensics domain such an institution can not
be accepted.
Returning to the issue in debate, we wonder
whether the teacher puts the elements that called for
the establishment of a forensic institution into a cone of
shadow, bringing forward only some modern components,
768
but less thorough in terms of impact to society (especially

Romanian) given that it is widely agreed that man can not
be compared with any vehicle, equipment, writing or tape
that plays a recording or with who knows what machine
invented to ease our social and professional activities,
so comparing medical expertise with forensics is more
than forced.
It is known that human characteristics will never allow
medicine to be applied on the computer because of the
uniqueness of each individual, ensuring a perennial state
to the aphorism there is no disease, there are patients,
the man being considered an entity bio-psycho-sociospiritualy unique and unrepeatable (A. Par, French
anatomist and surgeon from 1509 to 1590).
And heres how the thought invariably leads to an
approach to a worldly motivation, strategically placed in
a magazine addressed mainly to lawyers, well hidden
under the so called topic equality of arms in judicial
probation, but not foreign to mercantilism in the detriment
of equidistance provided by the scientific substrate of
documents prepared by forensic doctors inside the
forensic institution, persons who do not receive fees for
their conclusions.
In fact, it might not be wrong if we remember that
many of the active coroners and not only them have
learned during the inaugural forensic course presented
by the author who stated that forensic medicine is a
medical discipline which puts its knowledge to attend
the justice, whenever there are needed clarifications
of medical-biological elements in some court cases,
thus establishing a bridge between legal thought and
biological thinking... in the interest of serving society
(Course of Forensic Medicine, Prof. Dr. Vladimir Belis
editor - Bucharest 1990). Or, perhaps, some will say, at
the time of the courses appearance there were still some
reminiscences of the retro Romania (old Romania), the
concepts of the Professor suffering significant changes
in terms of the forensic proof, as I penetrated deeper into
the metro Romania (these two types of Romania were
mentioned by the late Octavian Paler in another context,
but it seems that it can also be applied to forensics). How
will the expert put their expertise in the service of society,
when they have to make out a case for the party they
represent and which is paying a fee? And, if not paid by
any party for their work, will they contribute with the same
ease in the societys interest?
I am reminding everyone that forensics was born out
of necessity imposed by judicial practice, which required
an impartial factor to balance objectively and knowingly
the arguments offered by examining the person or
corpse, and correlated to various medical documents
(observation and discharge sheets etc.) to give unbiased
answers to questions posed by the justice. And now,
rolling the wheel, unfortunately backwards, we go back in
time to the beginning, when each side tried to persuade
the magistrate - a judge in various documents, especially
medical, in which the diagnosis of craniocerebral trauma
or abdominal contusion were met frequently, though the
words themselves have no forensic significance because
they do not specify any specific trauma. Will the justice
be able to properly interpret the referred notions, to
detangle the meaning, sometimes cryptic, of the medical
documents in the absence of a forensic institution? Or
will it appeal to the independent forensic experts, even
if they are paid by the parties, will try to convince of the

correctness, accuracy, objectivity of the conclusions
drawn, placed in their opinion, somewhere above the
secular appearance, but prosaic, of the gain.
And if the other party, with the aid of another
independent forensic expert also disinterested by the
pecuniary aspect of the specialists presence, will assume
the contrary? It might be possible that they will appeal to
a third or fourth independent expert if not to a...
In fact, today, if we only refer to the largest forensic
aspect of the work that is represented by trauma, the
coroner, as an official expert, analyzes the medical
records of a case and, where appropriate, the person or
the body, in order to confirm the presence of traumatic
lesions, if these lesions could have been produced at that
date, if there is any causal link between the traumatic
consequences and said incriminated trauma and it is
extremely important to make a real assessment of the
seriousness of the trauma suffered by the person, whether
they were the only post-traumatic injuries or death
occurred. If we were to refer to other forensic fields, such
as forensic psychiatric expertise whose main objective is
to assess discernment (criminal pursue matters) or mental
capacity (civil matters) or complex forensic examination
from establishing whether a person can participate in
development phase trial or to serve the sentence in the
penitentiary system of medical terms, activities involving
the formation of special committees, whose membership
is expressly and exhaustively laid down in legislation,
not somehow relevant question arises: Does such an
independent forensic expert could supplement the work
of a commission made up of several specialists in various
medical fields? It could be possible that, penetrated by
the importance of its role in the scaffolding of probation,
even though they were hired and they charged fees,
independent forensic experts will argue that although their
client is sick, they can run their penalty under detention!
Or, thus excluding the ironic interpretations, it might be
better if the independent forensic experts activity would
materialize in a sort of quality control (censorship?) of the
work prepared by the committee and its point of views
about conclusions to be admitted with priority to ensure
such equality of arms evidence.
Dont these questions seem at least strange,
interpretations that try to disturb the particular visions of
a fair trial?
Perhaps not so disavowing if, when the playful ideas
inflame our synapses and we forget what the stoic
Roman philosopher Seneca said (4 BC - 65 AD) Quod
non vetat lex, hoc vetat fieri pudor (What the law does
not forbid, shame and modesty do), referring exclusively
to forensics, we remind ethical rules developed by
Professor Mina Minovicis work, according to which,
in the same way as a magistrate, the examiner is not
allowed to have customers; this is known as forensics
Decalogue (if ever known, because the teachers forensic
heptalog Lacassagne we seriously doubt that it would
be interesting for any of the apologists of the utopia
objective forensic proof scientific paid by the interested
party) whose perennial state is indisputable.
Charmed by the taste of notions taken uncensored and
freely translated after the opening enjoyed by Romania
after 1990 and especially presented tendentiously and
from a particular perspective, the engineers of the
apocalypse debunk everything of quality that the people

had, throwing mud over edifices constructed with difficulty
and which have proved their utility through time, acting
with misogynistic nonchalance, amid a confused society
that still does not find it reference points for the new
architectural quality management (roughly translated
organizing, ordering quality! it can be observed here
as a literal interpretation and not invented literary notions
of playing tricks on us, which gives the distinguished
professor of criminal justice Emilian Stancu when he
suggests the use of the phrase quality of management
and not quality management).
Returning to the Article giving birth to this response,
we observed that there is presented a case (Eugenia
Lazarus versus Romania, considered by the ECHR) in
which, according to forensic functional competence, was
also, finally drafted the notification of the Committee on
Higher Medical Legal. Without detail, with no support or
refute of the point of view that in this case was made
by the top forensic (the component that, in addition to
teachers of forensics, there are distinguished academics
from various medical fields: orthopedics, cardiology,
neurology, etc. depending on the particular case under
investigation), we can not help but to notice how the dirty
linen is washed in public and not in the family, namely
the superior forensic Commission, of which Mr. prof. dr.
Belis Vladimir was part of at the date of the opinion that,
in 2001, as President of the Commission (subsequently
over time, singularizing himself, the professor gave
up his membership in the commission), the legal
framework, in which they could have expressed their
scientific arguments, whether in time they have changed
from the period in which it was active under the Higher
Commission in Forensic Medicine. If the opinion of the
Higher Commission in Forensic Medicine would have
been defective or imprecise, could not the court require
supplementing or finding answers to specific questions
that could elucidate the case in question? What does
it mean judicial authorities are also impossible to ask
for reconsideration of conclusions that seem incomplete
or not sufficiently clear to decide the evidentiary value
of forensic work often contradictory? Has the Criminal
Procedure Code been temporarily amended, in terms of
art. 124 and 125, for that case only or, more likely, the
text of the article was skillfully formulated in order to give
endorsement to the institution of the independent forensic
expert in the detriment of the official institution?
Is it possible that the veiled attempt to discredit the
forensic institution as a whole diverts attention from the
real problems of this institution, faced with acute shortage
of funds and personnel, the hypothetical gains from highsounding term independent forensic expert?
In fact, after a thorough analysis, the notion itself of
independent forensic expert can hide an evil, so that it
induces not only the false, but also dangerous idea that
the formal forensic expert would not be independent,
but turned into an intellectual slave - scientifically
institutionalized (paraphrase for mental slave - P.
Bruckner) would be required to make certain biased
conclusions, when in reality, after being assigned a case,
the coroner is not subordinate to anyone from a scientific
and professional aspect, producing documents according
to their convictions and based solely on the facts they
found and they can demonstrate.
769
Subsequently, after this first interpretation of forensics

(expertise or medical certificate, as appropriate) there is
the possibility of appealing the approval of the Commission
of Control and Approval, the preparation of a report of
a new forensic expertise and finally, the approval of
the Higher Commission in Forensic Medicine, levels of
functional competence which can support or refute the
initial forensic document without abating it, meaning that
it will continue to exist and will be able to produce legal
effects depending on how it is interpreted as a whole,
probably by court.
So, how much bitterness to the official institution,
if not fron the point of view of benefits, to promote an
institution which is unlikely to prove its fairness and its
equidistance and about which there are serious doubts
that the arguments could remain unaffected by the
pecuniary arguments offered by the interested party and
foreign to the principle of quid pro quo.
Without continuing the quite detailed exegesis of the
aforementioned article, lets return to the two punctuation
signs.
The question, perhaps naive, which was born,
marks the possibility that at some point, someone might
create, animated by a genuine and selfless civic sense
of justice, with explicit reference to the wonderful and
perhaps unrivaled Minovici Mina professor, founder of
the institution forensic modern Romanian, who with his
brothers, Nicholas and Stephen Minovici, strengthened
a edifice (which is also represented by other great
personalities such as Theodor Vasiliu, E. Crciun, Mihail
Kernbach, Ion Moraru, Moise Terbancea and I. Quai,
but also Gheorghe Scripcaru, Milan Dressler and Viorel
Panaitescu, teachers who, although are now retired,
continue to support the forensic institution that they
represented, and not forgetting the current directors of
institute of forensic medicine, teachers Dan Dermengiu,
Vasile Astrstoaie, Sanda Enache, Roxana Zvoi)
valued institution that managed to face time, while some
people try to destroy what the ancestors have raised
with devotion and selflessness, based on interpretable
arguments.
Regarding the exclamation mark, it translates the
surprise, more than unpleasant, generated by the
fact that the person which was for a while, not only a
representative member of INML Mina Minovici, but of
the whole forensics network in Romania and is still the
president of Romanian Society of Legal Medicine, was
transformed by a subtle alchemy, hard to understand
that it is possible to be interpreted by some malicious
as having confusing shades, which could explain this
dissonant alliteration, into an architect whose name
endorses the plans (ably animated by principles foreign
to the rule of law) of dissolution for the official institution
of forensics that is already tried and so very hard to keep
afloat, including due to the filibusters.
If the coroner can always be a good advisor regarding
the interpretation and forensic methodology, being able
to provide expert advice to the interested party, perhaps
with a lawyer or in a consulting practice, the papers
of the forensic private system, given that any time
limit between objective and subjective can be passed
easily and work more seriously, sometimes difficult to
discern in the absence of effective control and as the
770
coroner, especially for non-fatal traumatology, does not

establish but it confirms a diagnosis or, if necessary,
denies it, sometimes following serial specialized medical
examinations carried out in different health units (crossdiagnosis), we question the grounds that, through their
business, the independent forensic expert (which should
not function in any forensic institution) would favor the
party that pays, turning, even unwittingly, in a kind of
lawyer which should represent (serve) the client that
pays a fee, to the detriment of scientific truth.
For these reasons it might not be so absurd that
we continue to support the forensic institution as it
is structured, even if it should be worked over with a
legislative approach, giving up imitating others only for
the sake of being labeled as innovative and in step with
times, so even if we currently feel the difficulties inherent
to the economic and financial crisis, we should not throw
away what a psychological trick makes us believe that
wont be useful anymore, just as Dochia threw away too
early and irresponsibly her coats and then died of cold.
Perhaps I exaggerate.
Perhaps, however, this professor, in an Apollonian
glimpse, will return to better feelings for the official
forensic institution, where he lived the profession that
he embraced, in which he formed many generations
of forensic and legal valued professionals that have
understood his qualities, where he created and where
he is expected, providing support to the saying If you
wish good advice, consult an old man, which means that
in order not to be condemned, we should appeal to the
intelligence of others.
Perhaps while browsing the nostalgias grammar
during the vagrancy through the arctic land of
lucidity, we fail to grasp the meaning of some terms
frequently used and related to national specifics
that for some people ha no more secrets, to adapt to
new situations, which are spoken of as thats how
it is good, although we are not fully convinced of
this and therefore should not think that the decency
of relativity is not obsolete in the life-death of the
ouroboros, which, if it could be deeply understood,
it might make some people, when they are not going
fishing or taking a stroll through Cimigiu, to at least
eat a donut, even angry, because ice cream causes
them a red neck.
References
1. Codul penal
2. Codul de procedur penal
3. Revista Palatul Justiiei, nr. 5-2011, editat de
Uniunea Juritilor din Romnia i de Societatea Titu
Maiorescu
4. Curs de Medicin legal, sub redacia prof. dr. Vladimir
Beli Bucureti 1990
5. Prof. univ. dr. Mina Minovici, Tratat complet de
medicin legal, Bucureti 1930, Atelierele grafice Socec
6. Prof. univ. dr. Mina Minovici, Manual tehnic de medicin
legal, Bucureti 1904, Atelierele grafice Socec
SPECIAL EVENTS AND TERRORISM HISTORICAL REFERENCES (III)

THERE`S NO IDEAL WORLD!
TERORISMUL I EVENIMENTE DEOSEBITE
- REPERE ISTORICE (III)
O LUME IDEAL NU EXIST!
col. (r) prof. Vasile LPDUI editor
Abstract
In Part III of the article are highlighted some aspects of intelligence services activities in
preventing and combating terrorist acts. It presents the work carried out by U.S. intelligence
to kill the terrorist Osama Bin Laden. Are highlighted some of the high-end technical means
and weapons built by U.S., which can be used against terrorists. Also, are highlighted some
of the activities undertaken to replace communism with a democratic disposition.
Again reference is made to those persons who are considered traitors to the country.
Key words: intelligence, terrorist Osama Bin Laden, Patriot Act, high-end technical
means and weapons, SEALS elite troops, Al Qaeda, the contribution of intelligence to the
socialist camp.
Rezumat
n partea a III-a a articolului sunt scoase n eviden unele aspecte privind activitile
serviciilor de informaii n prevenirea i combaterea actelor teroriste. Este prezentat
activitatea desfurat de serviciile de informaii americane pentru uciderea teroristului
Osama Bin Laden. Sunt scoase n eviden cteva din mijloacele tehnice performante
i armele construite de S.U.A., care se pot folosi mpotriva teroritilor. Totodat, sunt
evideniate cteva din activitile ntreprinse pentru nlocuirea comunismului cu o ornduire
democratic.
i de data aceasta se fac referiri la acele persoane care sunt considerate trdtori de
ar.
Cuvinte cheie: serviciile de informaii; teroristul Osama Bin Laden; Legea Patriot ( Patriot
Act); mijloace tehnice i arme performante; trupele de elit SEALS; Reeua Al Qaeda;
contribuia serviciilor de informaii la dispoziia lagrului socialist.
1. Aspects of the intelligence

services
in
preventing
and
combating terrorist acts
Over
time,
intelligence
and
counterintelligence services from all
over the world had an important role in
the defense and security systems of their
countries. These services demanded
many sacrifices from the previous
generations and it will ask again in the
future. In many countries, including
Romania, the number of people who
were sacrificed in discharge of their
duties to defend the country is quite
high. But, unfortunately, in our country,
they were forgotten or criticized by the
generations that followed them.
These
intelligence
services,
institutions of intelligence, have
acquired their prestige through the
organized actions in defending
national security, in confrontations
with organizations and terrorist groups
or with those who attempted to state
security.
One of the most important solved
cases in the last time by the U.S.
intelligence and counterintelligence
services is the killing of the terrorist
Osama Bin Laden (photo), who
brought great damages to both the
USA and other countries. A series
of data about this terrorist and the
crimes committed by his organization,
Al Qaeda network, were presented
771
in the press. Osama Bin Laden, a former intelligence

officer, trained in terrorism and acts of sabotage, has
acted in Afghanistan against Soviet troops who were
on its territory, organizing a series of terrorist acts that
have killed large numbers of Soviet and Afghan soldiers
who held political positions in the state administration.
Gorbaciov is the one who decided to withdraw the Soviet
troops from Afghanistan more than 21 years ago, after
a war that lasted a decade. In a recent interview with
the BBC Moscow, Gorbaciov said that before the Soviet
withdrawal from Afghanistan, it was reached an agreement
with Iran, India, Pakistan and the U.S., following that
Afghanistan will be a neutral country, democratic, which
shall maintain good relations with its neighbors and the
U.S. and USSR. The Americans have always sustained
that - said Gorbaciov they support this agreement, but
in the same time they also trained militants, those who
today terrorize Afghanistan and ever more, Pakistan.
Another official, the former President of Pakistan,
Pervez Musharraf, said in Washington, that from 1979
until 1989, it was released the Jihad against the Soviet
troops. I qualify this war as Jihad - said Pervez at
the Ria Novosti - because we wanted to involve the
mujahideen from all over the world in fighting against the
Red Army ... I also trained and armed Talibans on our
territory, before I send them to Afghanistan ... After the
Talibans came to power in 1996, Afghanistan became a
center of the terrorism.
After the liberation of Afghanistan and the withdrawal
of the Soviet troops, Osama Bin Laden has formed his Al
Qaeda organization, its members being carefully trained
and prepared in organizing terrorist acts. The terrorist acts
planned by this group were no few at number, with many
casualties and material damages. It is significant the
terrorist attack that took place in the U.S. on 11 September
2001, against the World Trade Center, where they killed
over 3,000 people. A number of measures have been
taken after this very seriously event, including the adoption
of the Patriot Act, a complex law that includes series of
measures to prevent and combat terrorism in the United
States and at internationally level. Another measure was
to establish a new strategy of the intelligence services
on terrorism line and supplementation of financial funds.
It was acknowledged that before September 2001, the
collecting of information related to terrorism prevention,
although significant, did not receive sufficient funding
within the National Security Agency (NSA).
The attacks of 11 September 2001 had a profound
impact not only on the intelligence services and law
enforcement institutions in the U.S., but also on those
around the world. Attacks determined many intelligence
services around the world, including Romania, to reassess
the activity in preventing and combating terrorism.
The Institute for International Terrorist Entities
Discovery (SITE), based in Washington, has
focused its attention on islamic terrorist groups.
One conclusion that emerged after the events of 11
September 2001 was that the terrorists have been
carefully studied the American telephone system,
water supply, public services directed by computer
and other areas. The steps to improve and perfect
these systems have been taken under the Patriot
Act. An important measure that was taken by the U.S.
authorities consisted in building advanced technical
means and weapons to be used in the actions they
take against terrorists. Significant are the following:
772
The MQ9 Recaper Drone unmanned aircraft. It

was launched in late 2001 and it can fly unmanned and
it has a range of up to 36 hours. As a result of the highperformance system that features it, the aircraft can spot
the target even from three miles away.
The PHASR Rifle laser weapon, put in use in 2008,

which has the ability to temporarily blind anyone within its
range of action. It is usually used in actions that requires
the so-called pioneers, when in the back it is provided the
military action itself.
The AA12 Atchisson Assault Shotgun, which was
tested in 2005. It is an automatic weapon that can run
up to five shots per second, proving that it can be used
even at 9,000 rounds of firing, without requiring cleaning
or weaknesses in use.
The Taser Shockwave electro-shock lasers control,

which can shock anyone who is close to less than 7, 6 m
to the device.
THE ACTIVE DEMI System wave that causes
unbearable pain
It Issues, with the help of a special device mounted
behind the vehicle, electromagnetic waves. In contact
with skin, they cause unbearable pain.
THE BLACK KNIGHT tank, which was inaugurated
in 2008. It can be controlled remotely, being used without
a crew on board, so if there is an unexpected attack, no
victims should exists.
XM 2010 Enhanced Sniper Rifle, sniper rifle,
launched in early 2011, it is very effective for shooting at
long distances. 9 of 10 enemies can be shot from over
500 m away.
MAARS Robot, launched in 2009. It defuses bombs
and it can be used as a laboratory for grenades or as a
machine, depending on the situation.
The Laser Avenger, a laser system mounted on the

Humee military vehicle, invented by the Boeing company.
Using this weapon, some unexploded missiles and also
a remotely operated spy plane were destroyed from
distance during the tests. The great advantage of this
weapon is that the light emitted is invisible.
A measure taken by the Americans consisted also in

the establishment and training of special anti-terrorist
troops, elite troops called SEALS, who are part of the
Naval Special War Command. The significance that
bears the name comes from the SEA-sea, A-air (air)
and L-land (earth), so their ability to operate in any
conditions.
The soldiers enroll the SEALS troops in order to serve
the country and not to receive financial rewards.
By all intelligence and operative means carried out
almost ten years, the U.S. intelligence services succeed
to detect the country and the city where lies the planet
No.1 terrorist, Osama Bin Laden.
After the intelligence services have found Osama
Bin Ladens fortress in Abbottabad, Pakistan, on May 1,
2011, two U.S. military helicopters, with 79 SEAL soldiers
aboard, attacked the terrorist house for 40 minutes. On
this occasion, 20 people were killed, including terrorist
Osama Bin Laden, but no military forces from the SEALS
troops were harmed.
The British newspaper Daily Mail recently published
that the person who was the brain of the operation of
killing the leader of Al Qaeda terrorist group, is called
John (code name), a CIA analyst, being responsible
for all operation that aimed the capture of Osama Bin
Laden.
The Members of Al Qaeda confirmed the death of their
leader and warned the Americans that their organization
will not disappear with the death of its founder. At a
demonstration organized by them, in front of the U.S.
Embassy in London, they presented a message that said:
The blood of our great warrior Osama bin Laden is too
precious for us and all Muslims to be shed in vain. We
will remain a curse that will haunt the Americans and their
allies. Soon, with the will of Allah, their happiness will
turn into sadness ... The Soldiers of Islam will continue
to plan the plots with determination until they will give a
stroke scale.
The leader of Al Qaeda in the Arabian Peninsula
(AQPA), Nasser al Wahishi, warned the United States
that evil will come after the death of Osama Bin Laden.
... The Americans killed the sheik but the fire of the Jihad
is currently kindles more than it was in his lifetime ... Do
not think that the business is over, what will follow will be
even worse, what expects you will be even more intense
and harmful ... you will bite your fingers and youll regret
the days of Sheik Osama Bin Laden.
Recently, the Al Qaeda terrorist network has officially
chosen the new leader, the Egyptian Ayman al-Zawahri,
who is replacing Osama Bin Laden.
The new leader is 60 years old
and it was the deputy of Osama
Bin Laden. From the information
obtained by the U.S. intelligence
services, it results that he was the
brain of the attacks from September
11, 2001, U.S.
The SEALS team members who
have killed Osama Bin Laden were
awarded by the U.S. President,
Barack Obama.
The Americans, knowing that the men of Osama Bin
Laden will still be very dangerous, took countermeasures
against all terrorist actions that are to be carried out
by the Al Qaeda. Immediately after this action, Leon
Panetta, the head of the CIA, said that the future leader
of Al Qaeda will become the new No. 1 public enemy of
the U.S.
Recently, the four stars
general David Petraeus
was confirmed by the
U.S. Senate as Director
of the CIA. He was the
head of the ISAF troops
in Afghanistan. General
Petraeus was nominated
by President Obama to
replace Leon Panetta, who
will become the head of the
Pentagon.
Some
aspects
regarding the contribution
of the intelligence services
to the disappearance of the
socialist camp
As it was shown in previous articles and in some
published works, after the Second World War, the world
was divided into two systems: capitalist and socialist.
Since the division, between these systems began a
struggle for supremacy. An important contribution in this
fight was held by the intelligence services of the two
systems. There were periods in which the services of
the socialist countries, headed by the USSR, won, and
at other times the capitalist countries won, led by the
American and British services.
As I worked over 50 years in the Ministry of
Administration and Interior (1956 to 2000, from 1956
to 1993 - as an officer and since 1993 to 2000 - as
civilian personnel), I succeeded to known very well the
development of the events in Romania and from abroad.
During the time I was a police officer, I worked at
many informative-operative units, at the criminology
departments, as a teacher in an officers school, specialist
officer in the Directorate of Education of the Ministry of
Interior, I have led many sectors of information, analysis
and synthesis.
In late December 1989, I was appointed head of the
Information, Analysis, Synthesis and Dispatch Service of
the Ministry of Interior, a function that I hold until early
1993, when I was retired, aged 57 years. Following my
773
training and experience, the management of the Ministry

decided that I shall serve as an editor-coordinator (civilian
personnel) in the journal Romanian Police, the Police
Magazine journal and the World Interpol Magazine.
I have presented these data about the author for the
readers to be convinced that what I continue to play are
real things. In addition with the events of December`89,
I achieved to edit two works, helped by a collective of
people: Six days that shook Romania The Ministry of
Interior, in December 1989 , New Year is born in blood,
further of the book Six days that shook Romania (II).
3-4These works were popular both at home and abroad.
Although other works have appeared describing the
events of December `89, the interest of some groups
and individuals have not told the truth, implying that the
terrorists of the Ministry Of Interior shot those who went in
the streets to beg their rights and to require the replacing
of the communism with a democratic disposition.
But to return to the strategy set for the change of
socialism in those countries where it appeared after the
Second World War.
As I said in an article published in a previous number,
The Cold War started in Bucharest, organized by
Gardiner Wisner, a veteran of the Office of Strategic
Services (OSS), forerunner of the CIA, who after the
act of August 23, 1944, was stationed in Romania, as a
resident. He dealt with the organization of an espionage
and resistance network in East European space occupied
by the Red Army. 5
In time, Frank Gardiner Wisner became the modern
condottiere, involved in all anticommunism fronts in
Europe, Asia and Latin America and its troops were
called the bandits of Wisner. So, for example, during
the Eisenhower administration, he carried out 170
subversion in 48 countries, wasting 152 million dollars
and, especially, many lives. In the Korean War, in
Birmania and Manchuria, where from 212 agents sent on
mission, 101 were killed and 111 captured by the armed
forces of Beijing. 6 It also had some success in Iran (The
Ajax Operation) and in Guatemala (The Success
Operation).
In 1956, during the time that Frank Wisner was
dealing with the revolution in Budapest, which failed,
being suppressed by the Soviet tanks, he suffered a
mental breakdown and shot himself in 1965.
A tough war was held, during time, between the
American and the Soviet services and also other
intelligence services, each one seeking to infiltrate their
agents in order to know what strategies and actions can
be used to counter the opponents. Unfortunately, there
were some betrayals from some staff and agents of these
services, moving on the enemy side and betraying
their country (homeland). The term treason (lat. traho
/ trahere / Traxi / trasis / tractum) has both political and
legal meanings, but also social. Objects of betrayal can
be: people, interests, causes, ideals, feelings, etc. or
country (homeland). Since ancient times, treason was
considered a disease. To serve the country is a favor, a
title of honor and glory, a privilege with which the nation
grants its nation-state citizens. The main moral quality
claimed to people that are serving the country, meaning
serving the nation, is honor.7
The most distinguished case of treason, also presented
in the previous number of the magazine, it was the one
regardind General Lieutenant Ion Mihai Pacepa, an agent
of the American intelligence Service, who for many years
774
informed the masters of the West with all the important

issues of Romania and acted for the Romanias destruction
and compromise at internationally level. Because of this
traitor (not how Ion Mihai Pacepa mentions in his books
that he betrayed Nicolae and Elena Ceausescu), many
Romanian intelligence officers have been killed while
being on mission in some countries, in different coatings.

Those were disclosed to the master. Immediately after
his treason, night after night, coffins with the bodies of
the fallen one were arriving at the airport. Some of them
were buried at the Ghencea I Military Cemetery. That
was the moment when the families who accompanied the
deceased found out that they were intelligence officers
and that they sacrificed for the interests of their country,
Romania. Some of the intelligence officers betrayed by
Pacepa managed to reach the country, not being in the
locality where they had residence.
A good friend of mine, RM, who was employed at the
steel Concern in the Federal Republic of Germany, was
with his boss in Turkey when he found out of Pacepas
betrayal and boarded the first plane to Romania. Due to
the troubles he went trough and the fact that he left his
family in Germany, RM died shortly.
If Nicolae Ceausescu would have understood the
words of Brezhnev on the fact that in Romania, the
Americans have an agent who holds the rank of general
and informs them of all issues, including those from
the socialist countries, Ion Mihai Pacepa could have
been found. His betrayal and the one of the other 30
officers of the Romanian external intelligence system
has revealed major weaknesses in knowing the people
from the intelligence services and the existing gaps in the
improvement of the working methods and means.
Another case of interest is of the traitor Mircea
Raceanu, son of some underground communist party
activists.
In 1974, while being in the U.S., at the Romanian
Embassy, Raceanu became a secret agent, providing
information on Romanias policy and about topics
such as human rights and religious freedom. He was
recruited by a certain Bruce Trimmer, member of the
CIA. For its intelligence services he received $ 2,000 per
month, stored in his name in a U.S. bank and 5,000 lei
in Bucharest.
With a pink future, Mircea Raceanu, after graduating
High School Ion Luca Caragiale, was sent to study in the
USSR, attenting the courses of the Institute of International
Relations in Moscow. Since 1969 he went to post in the
U.S., where he stayed until 1978, returning to the central
Ministry of Foreign Affairs (he handled the relations with

the U.S. and Canada). For further intelligence activities
with Raceanu, the counterintelligence officer in charge
of the case, GM, with the help of specialists (technicians
and forensics), managed to install video surveillance
techniques in Raceanus office. In this way, all of the
intelligence activity developed by Raceanu managed
to be fixed. Raceanu was puting all of the information
recorded in a plastic bag affixed with scotch and when
he was going to the embassy of the Cultural Centre in
Bucharest, he was placing them in the toilet water tank
from the American local. The deposition of the material
was made only when Raceanu was reciving the signal
from his boss. The raise of the material was made by
his boss also through a signal.
Note that, during the time that Mircea Raceanu, an
intelligence officer, was in the U.S., at the Embassy of
Romania, he was supported by Pacepa and Doicaru.
For over ten years, Mircea Raceanu provided
information and documents from the Romanian Embassy
in the U.S. and the center of the Ministry of Foreign
Affairs in Bucharest and from the Foreign Intelligence
Directorate, bringing great harm to the Romanian state.
In any country of the world, Mircea Raceanus facts are
considered treason and not betrayal of the countrys
leader.
Arrested in early 1989, he was sentenced to death
by the panel of judges, led by Colonel Gica Popa, the
same judge who also sentenced to death the Ceausescu
couple and after a few months he commited suicide.
Mircea Raceanu was saved from death by Nicolae
Ceausescu, on 9 September 1989, by switching the
death penalty in 20 years in prison.
After the events of December `89, Mircea Raceanu
was released and settled in the U.S., as advisor in the
States Department for the problems of the Eastern
Europe.
Mircea Raceanu was decorated with the Order of
Merit in the rank of Commander 8 during the official visit
in the USA, on 8 December 2002, of the president of
Romania, Ion Iliescu.
In conclusion, we must remember that Romania was
in an unimaginable situation: the Romanian intelligence
had the greatest number of people who have betrayed,
passing with arms and baggage to the opponent. The
gesture of those betrayals was boosted by the fact that
the country pays for any violation committed by a spy.
Their betrayal was treason and any attempt to present it
otherwise is only a story for children.
After 1944, the Soviet authorities took the control of
the intelligence authorities in Romania, state institutions,
leadership of the organizations of the new Romanian
Workers Party. The strongest networks of Soviet agents
were situated at the Central Committee of the RWP, at
the Ministry of Interior and at the Ministry of Defense.
They openly conveyed information to the Soviet Embassy
in Bucharest. Such espionage networks were in all the
countries that came under Soviet domination. In some
of these countries arose particular events, such as in the
GDR (June 17, 1953) and Hungary (November 1956),
with influence in Romania. But it is positive that some of
the Romanias leadership acted with more tact in order
to withdraw Soviet troops from Romania and officials
advisers sent by Moscow in Romania. The Soviet troops
finally left in 1958, as a result of these agreements and
between 1960-1962, gradually, the Soviet advisers
withdrew in their country. But, to mention that they have

left their moles to act in secret.
Following the orders of Gheorghiu Dej, in early 1962,
they started to form a team of officers in charge with
the identification of the Soviet intelligence agents in
Romania.
In the spring of 1964 it was approved the document
entitled Declaration on RWP position in the international
communist and working movement problems, the act of
Romanian liberation from the tutelage of USSR.
Several army officers who were in the service of
the Soviet espionage services have been unmasked in
the spring of 1965, in the hall of the Military Academy.
Nicolae Ceausescu did not take strong measures against
them, disagreeing that they betrayed for the Soviets. It
should be noted that the Soviets were constantly spying
on our territory, Romania being the only country in the
socialist camp which was continuously monitored by
the Soviet espionage. The Romanias non-participation at
the events in 1968, when the troops of the Warsaw Treaty
entered in Czechoslovakia, led to the intensification of
the Soviet espionage activities against our country, with
the intention of occupying the territory.
Knowing the intentions of this power, the leadership of
our country have taken steps to prepare all the people for
the countrys defense and for a proper response.
The existence of some disagreements among socialist
countries led to the fact that the Western powers, led by
the United States, had to establish new strategies against
the socialist camp.
Another blow was suffered by the U.S. with the loss
received in the Vietnams war. In winning this war by the
North Vietnam, an important role was played by the Soviet
intelligence services, through their agents, because they
were able to know the tactics and operations undertaken
by the U.S., helping the Vietnamese army to counter the
military actions of the U.S. army.
After the war, the seven largest economic powers, led
by the U.S., met and have established new strategies
against the USSR and its allies, allocating three trillion
dollars for the implementation of the agreed in order to
change socialism. An important role was played by the
U.S. intelligence services, Britain and other countries from
the Group of the seven most economically developed
countries, services that have received substantial funds
in the recruitment and infiltration of agents with power
of penetration in the most important institutions of the
socialist countries.
One of those came in sight was Mikhail Gorbaciov,
who was attracted by the English and American
cooperation during the time he worked at the Soviet
Embassy in London. He was godson of Andropov
(former head of KGB) and his wife came from a family of
Jewry. Gorbaciov was well acquainted with the work of
the Soviet espionage, as he led a department of analysis
and synthesis of external information. According to the
strategies set by his masters, Gorbaciov reached to
lead the Soviet Communist Party and also his country,
entering the reformer Gorbaciovs policy of perestroika
and glasnost.
In 1985, I found out from a former colleague (GC), who
worked at the Romanian Embassy in India, that he was
good friend with the resident of the Soviet intelligence
service in the same country, original from Moldova, that
he was summoned to Moscow and trained about the
collaboration wanted to be achieved by the Soviet spies
with the U.S. ones, British and other Western countries
775
in order to transform the socialist countries in democratic

states with market economy, etc..
An activity in which Gorbaciovs intentions were
understood was also on 7 October 1989, when it was
celebrated the National Day of the German Democratic
Republic. The leader of the then East Germany, Erich
Honecker, made so that at this celebration also participate
Mihail Gorbaciov and the leaders of all countries of the
socialist camp and those who were sympathizers of the
socialist ideas.
Although Nicolae Ceausescu did not agree with
Gorbaciovs reform policy, saying in various circles that
Gorbaciov was a traitor of the socialism, immediately
after the military parade, Ceausescu approached
Gorbaciov with the following question:
Comrade
Gorbaciov, I would wish very much to have a separate
meeting with you. Gorbaciov did not understand the
meaning of Ceausescus request and answered on a
cold tone: Comrade Ceausescu, first of all, I need to
inform you about the unpleasant things that happened
these days at the Congress of the Hungarian PC in
Budapest. 9
Hearing this phrase, Ceausescu ordered the
Romanian delegation to leave the country before the
formal conclusion of the events.
Mihail Gorbaciovv, as agreed to his masters, intented
that the change of the Stalinist- Brezhnev political model to
be accomplished without major seizure, which endanger
the socialist system, but only his dictatorial repressive
compartments. In 1989, during a visit to Bucharest,
Gorbaciov awarded for the second time Ceausescu with
the Lenin degree, but failed to persuade the leader of
the Bucharest of the need for democratization of the
socialist regime. During the reception that took place in
the honor of Gorbachevs visit, in his toast, Ceausescu
said that Romania expects no communist moral lessons
from the USSR, but rather the Soviet-occupied territories
(Basarabia and Northern Bukovina) and the thesaurus. On
November 15, 1989, the first day of the XIV Congress of
the Communist Party, during which Ceausescu was going
to be validate for another term, the Soviet ambassador
in Bucharest, Evgheny M. Tiajelnikov, presented to
Ceausescu a factual information that Gorbaciov would
meet in Malta with the U.S. President in order to establish
measures of global importance, targeting a new world
order. After studying the letter, on 19 November 1989,
Ceausescu, freshly reelected to the Congress, gave a
stinging response to Gorbaciov.
After the meeting in Malta between Gorbaciov and
Bush, the Romanian foreign intelligence service (C.I.E.)
presented to N. Ceausescu some information about this
meeting. From the content of this information, it was
showed that the interventions would take place to remove
the political regimes in Romania and Panama. Also, the
U.S. will continue to apply restrictions to Romania and
the USSR will reduce the supply of oil, gas and iron ore.
Since November 1989, President Bush sent a new
ambassador in Romania, in the person of Alan Green,
whom he trained about the concrete activities that he had
to undertake in order to achieve democratic change.
And other Western countries knew what will happen
in Romania. Thus, in September 1989, the German
Foreign Minister, Hans Dietrich Genscher, said that in
three months, very significant events will take place in
Romania.
776
A meeting between Presidents Gorbaciov and

Francois Mitterrand took place on December 6, 1989, in
Kiev, having as object the Franco-Soviet understanding
about the main political issues of Europe, including
the establishment of the political elements concerning
the removal of N. Ceauescu from the leadership of
Romania. 10
At the application of the strategy set by the intelligence
services in order to liquidate the socialism, including
the December 1989 events in Romania, also helped
the activities of psychological influence used by the
international media, especially by the radio station Free
Europe, which was under the CIAs management. This
radio station and the Western media helped inciting the
masses to generalize the revolution in Romania.
In a series of papers published at home and abroad it
is showed that during 1970-1989, on the state disposition
in Romania has triggered an international diversion,
destabilizing the countrys leadership.
In the next number of our magazine we will present
how it were triggered the events of December `89 and
some conclusions that can be drawn from this actions.
- Continues References :
1) O victorie n Afganistan e imposibil, Lumea Journal,
Year XVI, no.12 (213), 2010, pg.5, BBC News.
2) Jihadul mpotriva trupelor sovietice din Asfganistan,
Lumea Journal, Year XVI, no.12 (213), 2010, pg.4, RIA
Novosti.
3) ase zile care au zguduit Romnia-Ministerul de
Interne n Decembrie 1989- pledoarie pentru istorie (vol. I),
SC Luceafrul SA, Bucharest, 1995.
4) Anul Nou se nate n snge! continuare a volumului
ase zile care au zguduit Romnia-Ministerul de Interne n
Decembrie 1989.
5) Charles W. Hostler Soldier to ambassador, 2003,
SUA
6) General de brigad (r.) Ion Alin Gherghe, Condotierul
CIA Frank Wisner: Rzboiul rece a nceput la Bucureti,
Vitralii- Lumini i Umbre Journal, year I/ no. 3/2010, printed
by Asociaia Cadrelor Militare n Rezerv i n Retragere din
Serviciul Romn de Informaii.
7) Dr. Aurel V. David, ntre dragostea de ar i trdarea
de ar. articol aprut n Vitralii- Lumini i Umbre Journal,
year II/ no. 6/March, printed by Asociaia Cadrelor Militare n
Rezerv i n Retragere din Serviciul Romn de Informaii.
8) Din culisele unui caz de trdare, Repere juridice ale
cazului, general maior (r.) Dumitru Bdescu, Vitralii-Lumini
i Umbre Journal, no.6/ March 2011, printed by Asociaia
Cadrelor Militare n Rezerv i n Retragere din SRI
9) Constantin Grbea, Ceauescu i Gorbaciov la Berlin,
Vitralii- Lumini i Umbre Journal, Year I, no.4/ September
2010, pg.27-28, Asociaia Cadrelor Militare n Rezerv i n
Retragere din SRI Publishing House;
10) Univ. Prof. Corvin Lupu, PhD. Consideraii privind
implicarea serviciilor de informaii strine n influenarea
evenimentelor din Decembrie 1989, Vitralii-Lumini i
Umbre Journal, Year I, no. 3 / June 2010, pg. 47-54,
Asociaia Cadrelor Militare n Rezerv i n Retragere din
SRI Publishing House
THE OFFENCE OF INFANTICIDE. ASPECTS

OF CRIMINAL LAW, CRIMINAL PROCEDURE
AND FORENSIC SCIENCE
INFRACIUNEA DE PRUNCUCIDERE: ASPECTE DE DREPT
PENAL, PROCESUAL PENAL I CRIMINALISTICE
Jurist Elena Daniela DUMITRU
member of The Association of Criminologists in Romania
Abstract
Through this article the author sought to examine the theoretical and practical aspects
of the crime of infanticide emphasizing the methodology of criminal investigation of such
facts.
The research of the main issues in relation to infanticide started with the presentation of
the changes to the provisions of the law by the New Criminal Code and the New Criminal
Procedure Code.
Also, the work has considered the study of the features of investigating the crime of
infanticide, exposing the main issuses, the object of probation, what has to be clarified
in case of infanticide investigation, aspects regarding the corpse and other activities for
researching such facts.
Key words: infanticide, immediately after birth, state of disorder caused by birth, scene,
examination of the corpse.
Rezumat
Prin prezentul articol s-a urmrit examinarea aspectelor teoretice i practice privind
infraciunea de pruncucidere, evideniindu-se metodologia investigrii criminalistice a unor
astfel de fapte.
Cercetarea principalelor probleme incidente n materia pruncuciderii a debutat cu
expunerea modificrilor aduse textelor de lege prin prevederile Noului Cod penal i ale
Noului Cod de procedur penal.
De asemenea, lucrarea a avut n vedere studierea particularitile investigrii infraciunii
de pruncucidere, prezentndu-se: principalele probleme, obiect al probaiunii, ce trebuie
clarificate n cazul investigrii pruncuciderii, aspecte privind examinarea cadavrului i alte
activiti destinate cercetrii unei astfel de fapte.
Cuvinte cheie: pruncucidere, imediat dup natere, stare de tulburare pricinuit de
natere, locul faptei, examinarea cadavrului.
1. The new regulations regarding infanticide
1. Changes brought to the incriminating legal
provisions by the new Criminal Code
According to article 177 under the existing Criminal
Code, infanticide is the killing of a new-born child,
committed immediately after birth by the mother who is in
a state of disorder caused by birth, that shall be punished
by imprisonment from two to seven years.
The current legal provisions incriminating this offence
is equivocal because it focuses upon the state of mental
disorder caused by birth, the state of the new-born
child, the period of time when the offence is committed
immediately after birth, aspects which can only be
determined by the medical and legal expertise.
In the context of the criminal doctrine 1, subordinating
the legal solution to the medical one has been taken into
account, while the judicial classification is being exclusively
conditioned by the conclusions of the medical and legal
report, the expertise concerning the examination of the
corpse, as well as the clinical and psychiatric expertise of
the mother.
The idea of changing some provisions of the law
has also been advanced in order for the court to have
the possibility to determine, in a given case, whether,

according to all existing evidence, including the medical
and legal expertise, the constitutive elements of infanticide
are met or not.
More concrete criteria for the judicial classification
of the act are provided for in the new Criminal Code 2
and stipulate in art. 200 the killing of a new-born child,
committed by the mother, as follows:
(1) The killing of a new-born child immediately after
birth, but no later than 24 hours, committed by the mother
who is in a state of disorder caused by birth shall be
punished by imprisonment from one to 5 years.
(2) If the deeds under art. 193-195 are committed
against a new-born child immediately after birth, but no
later than 24 hours, by the mother who is in a state of
disorder caused by birth, shall be specifically punished by
imprisonment from one month to 3 years.
The first change focuses rather on the form than on
the essence of the law. It focuses on eliminating the term
of infanticide from the criminal legislation (often confused
with the concept of child murder, which has a broader
meaning, as it refers to the killing of a child) and on
including the killing of a new-born child by the mother
within the very marginal title of the incriminating norm of
the phrase.
777
Those changes focus on the essential requirements

which bring together both sides of the offence.
The abovementioned legislative changes are meant to
delimit the period of time when the offence of killing a
new-born child can be committed, so as to classify it at
art. 200 of the Criminal Code. Therefore, we can identify a
judicial criterion concerning the delimitation of the period
in time, immediately after birth, and the act can be
committed no longer than 24 hours after birth. Although
the new incriminating text still refers to the killing of a
new-born child, without mentioning the significance of
the concept of new-born child, the judicial classification
can be apparently done easier, taking into account the
fact that the killing must be committed within 24 hours
from birth. We consider that the entire process of giving
birth is taken into account, as well as the period of time
when the child is separated from the mothers body, and
not the moment of cutting the umbilical cord, as the latter
evinces the individual existence of the fetus.
Although we have been expecting an improvement
of the provisions of the law, we noticed that under this
incrimination the forensic expert is the only one who must
determine whether the act was committed or not during
the period of time mentioned by the law, while the judicial
entities are not entitled to make such assessments.
At the same time, we notice the change of the essential
requirement which completes the subjective aspect, as
the mother has to be in a state of mental disorder, unlike
the current provision regarding the offence of killing a
new-born child, which states that the mother is in a state
of disorder caused by birth. In the specialized literature
we find that the state of disorder caused by birth can
be either psychological or physical, as the text of the law
does not make this difference, and therefore the somatic
elements (such as losing an important quantity of blood,
as consequence of giving birth) can also be classified
under that category. The legislator did not even state the
intensity of the disorder, but only mentioned its connection
with the birth 3.
As regards the disorders caused by birth, the
recommendations of the Supreme Court induce a
contradictory expression, that is to say abnormal psychophysiological disorders. The psycho-physiological
disorders are normal and the psycho-pathological ones
are abnormal. It is questionable whether during the
process of giving birth, which is a physiological process, it
is necessary to include in the category of disorders caused
by birth only those which are pathological, meaning those
which reflect a psychic disorder, even if it is temporary 4.
On the one hand, the provisions of the new Criminal
Code limit the area only to the state of psychic disorder,
but, on the other hand, they do not mention the fact
that this state must be caused by birth, thus extending
the possibility of judicially classifying the mothers deed
of killing the new-born child under art. 200 of the new
Criminal Code both in case the mothers psychic disorder
is caused by birth and in case her act is triggered by a
psychic illness. In the second case, we are entitled to
wonder whether this state of psychic disorder, triggered
by a pathological factor, does not imply the existence
of the abolished judgment at the time of committing the
crime, which would lead to applying the provisions of art.
28 of the new Criminal Code (irresponsibility provided
for at art. 48 of the current Criminal Code), as, in such
circumstances, the hypothesis of the woman committing
the crime intentionally does not exist.
The attempt is not punished either by the future
Criminal Code, but para. (2) of art. 200 describes the
situation when the acts provided for at art. 193-195
(hitting or other forms of violence, corporal injuries, hitting
or injuries causing death) are committed against a newborn child, immediately after birth, but no later than 24
hours, by the mother who is in a state of mental disorder.
As a conclusion, this text shall provide for the judicial
778
classification of the mothers acts, which, although were

not committed with the intent to kill, did not have the
consequence provided for by law (of course, only the first
two theses shall be taken into account - hitting or other
forms of violence, corporal injuries).
We can notice, at the same time, a reduction of the
boundaries of the punishment.
2. The medical and legal expertise from the point
of view of the new Criminal Code
From the point of view of the criminal trial, the new
Criminal Procedure Code5 regulates the compulsory
nature of performing both a psychiatric medical and legal
expertise, in the case of killing or injuring the new-born
child, and a medical and legal examination of the newborn child.
If para. (1) under art. 177 of the existing Criminal
Procedure Code states that a psychiatric expertise is
compulsory in case of qualified murder, as well as when
the criminal investigating authority or the court has doubts
regarding the mental health of the defendant or the
defendant, according to para. (1) under art. 184 of the
new Criminal Procedure Code, in the case of offences
committed by juveniles between 14 and 16 years old, in
the case of killing or injuring the new-born child or the fetus
by the mother, as well as in the case when the criminal
investigating authority or the court has doubts regarding
the mental health of the suspect or the defendant at the time
of committing the offence which is under investigation, it
is compulsory to carry out a psychiatric medical and legal
expertise, and establishes, at the same time, the term of
an examination.
According to para. (2) under art. 187 of the new Criminal
Procedure Code, the medical and legal examination of a
new-born child is ordered so as to determine whether the
infant was born alive, as well as the viability and length
of the extrauterine survival, the type and medical cause
of death, the date of death, whether the infant was cared
for after birth, as well as in order to establish the filiation,
if the case may be. We emphasize that the medical and
legal examination of the new-born child is not specifically
mentioned in the current criminal legislation, and, because
of the lack of such regulation, the law text in the field,
which is currently in force, is para. (1) under art. 114 of the
Criminal Code: In the case of violent death, which has
unknown or suspect cause (), the criminal investigating
authority orders the carrying out of a medical and legal
expertise and requests the medical and legal expert,
appointed according to the law, to perform the expertise.
As a matter of fact, in almost all cases, the act of
killing a new-born child by the mother cannot be judicially
classified under art. 177 of the Criminal Code, which
incriminates the offence of infanticide, because the
essential requirements which bring together the objective
and the subjective nature of the constitutive content of
the offence are not cumulatively met: the action / inaction
of suppressing the new-born babys life has to be carried
out immediately after birth, and the mother, at the
moment of committing the offence, has to be in a state
of mental disorder caused by birth. That is the reason
why the killing of new-born children is usually considered
an offence of qualified murder art. 174 as against art.
175, para. (1), letter c) against a close relative, d) by
taking advantage of the incapacity of the victim to defend
himself/herself, and, eventually, a) if the act was carried
out with premeditation.
It is obvious that, from the point of view of the
methodology and of the criminal procedures, during the
criminal investigation of the offence of infanticide the
court shall order an expertise concerning the examination
of the new-born childs corpse, as well as the psychiatric
expertise of the mother.
1.
The methodology regarding the criminal
investigation in the case of the offence of infanticide
1. The main problems which must be clarified
during the investigation of the offence of infanticide
The object of the probation is made up of the following
elements6:
1. Determining the cause and nature of death.
Determining the cause of death is a problem which can
be solved by the forensic expert and by the criminal
investigating authority. Depending on the cause, death
can be the consequence of a killing/infanticide or of an
accident.
2. Identifying the scene where the offence of infanticide
was committed. Identifying the scene where the offence
of infanticide was committed is of extreme importance
as there can be found traces, material evidence, data
regarding the circumstances of committing the act,
thus leading the investigators to the identification of the
perpetrator and to proving her guilt.
3. Establishing the moment in time when the crime
was committed. As for the moment in time when the crime
was committed immediately after birth, it is necessary
for the investigation to corroborate the conclusions of
the medical and legal expertise with the data gathered
during the investigation and witness hearings, as well as
during the hearing of the accused or the defendant7. On
the one hand, the results of the investigation must lead
to establishing the exact moment in time when death
occurred, and, on the other hand, to placing in time the
criminal act of the perpetrator.
Establishing the exact moment in time is useful not only
for clarifying the way in which the perpetrator spent her
time before committing the crime, but also for identifying
the period of time when she found herself in the criminal
field and the activities she carried out after finalizing the
act, including the purpose of combating false alibis.
4. Determining the way in which the criminal act was
carried out. Determining the way in which the killing was
carried out is possible after construing a concurrence
of data, traces, concerning the entire activity of the
perpetrator, investigations performed by criminologists
and forensic experts. The modus operandi shall be
determined, after analyzing a series of circumstances
meant to correctly classify the act as a qualified murder,
and, eventually, murder of first degree, murder by guild or
infanticide.
5. Identifying the perpetrator and the other persons
involved. This aspect is one of the main problems of the
investigation, as both the normal development of the
criminal trial and the correct classification of the offence
depend on it.
6. Establishing the existence of a mental disorder
caused by birth. In order for the act of killing the newborn child by the mother to be classified as an offence of
infanticide, a medical and legal expertise upon the mother
(both a clinical and a psychiatric expertise) must conclude
that, at the time of committing the crime, she was in a
state of mental disorder caused by birth.
7. Identifying the victim. Proving the condition of newborn child. It is extremely important to identify the victim
because, once settled the identity, it is possible to make
up the frame of suspects and to classify the act depending
on the quality of the passive subject. In the case a newborn child has disappeared, when there is proof that he/
she was the victim of a qualified murder/infanticide, one
of the main problems is finding the corpse. At the same
time, a medical and legal expertise must conclude that the
victim of the offence is a new-born child.
8. Identifying the instruments or means used when
committing the offence. The identification of those
instruments focuses both on the vulnerizing agent that
caused the victims death and the other means used when
committing the crime case which shall not be classified
under art. 177, but under art. 175, para. (1), letters a), c)
and d).
9. Determining the motive and/or the purpose of the
offence. Determining the motive for killing the new-born
child is the main issue, as it is essential both in establishing
the acts and the circumstances of the cause, the identity of
the perpetrator and the judicial classification of the act.
2. The specificities of the investigation on the
scene in the case of infanticide
The investigation on the scene sometimes triggers
issues which are hard to solve. In most cases, the bodies
of new-born children are usually found in the neighborhood
of the place where the offence was committed and they
are in different stages of putrefaction, some in the stage
of skeleton, or there are found only parts of the bodies,
usually without being dressed like a new-born, wrapped
or unwrapped in paper, plastic bags, suitcases and
accompanied or not by fetal extensions 8.
Identifying the scene of the offence
The concept of scene can have several meanings:
the place of giving birth
the scene where the infanticide was committed
the scene where the body or parts of the newborn childs body were discovered, or traces which show
that it was incinerated, macerated, devoured by animals;
the itinerary of the perpetrator or of other persons

between the place of giving birth and the scene where the
corpse was abandoned;
the scene where they discovered instruments,

objects, used when giving birth, at the transportation of
the corpse or at taking the life of the new-born child 9.
Knowing the scene where the act was carried out is
the starting point in making up the frame of suspects
and identifying the witnesses, both those who directly
perceived the circumstances of the criminal act and those
who found out about the act from intermediary sources.
If there are no elements imposing a centripetal
investigation, the investigation of the scene should be
performed under the form of a spiral, starting from the
corpse of the victim and going towards the margins. All
changes which occurred up to committing the offence
shall be carefully examined so as not to lose any trace.
Special attention shall be paid to all entry and exit points
at the scene, as they offer great opportunities for finding
out the traces left behind by the perpetrator. At the same
time, the so-called controversial circumstances shall be
taken into account, such as the lack of some traces which,
in the given situation, should exist at the scene or even on
the corpse or on the clothes of the victim 10.
3. The proper examination of the corpse
The examination of the corpse should be carefully and
thoroughly performed in order to avoid hasty conclusions,
because, in the case of an incorrect diagnosis of pathologic
death, the scene shall be briefly examined, thus altering
the development of further investigations after certifying
the real cause of death 11.
Examining the corpse of the new-born child is carried
out during the static phase and the dynamic one and the
results shall be written down in a record and attached to it
under the form of photographs or video recordings.
At the beginning, during the static phase, the scene
where the corpse was found shall be identified, in
association with the fixed surrounding objects, the position
of the body dorsal, ventral or lateral decubitus position,
then the position of the anatomic fragments, which shall
also describe the photography.
The dynamic phase shall start with the examination
of the clothes, if there are any, as well as of the different
packing materials (paper, textile materials, bags), and with
the gathering of biological specimens (blood, meconium,
779
amniotic fluid, hair), after the prior elimination of foreign

objects (pieces of earth, sand, leaves, cadaveric flora and
fauna, etc.). The corpses of the new-born children are
rarely dressed and usually wrapped.
During the dynamic phase of the investigation at the
scene, the investigators examine the corpse, fragments
of the body, the skeleton (which can be complete or
barely isolated bones), by taking into account the local
pedoclimatic conditions, the abiotic factors (temperature,
humidity, air currents, the power of the sun, the depth of
the subsoil water) and animated biotic factors (cadaveric
fauna, flora), which play an essential role in the emergence
and evolution of the destructive or conservative cadaveric
changes, and, implicitly, in determining the approximate
date of death 12.
In case there are found only fragments of the body,
those are briefly examined, packed in a lint and a piece
of cotton soaked in a 10% concentration of formalin or
introduced in containers with formalin, or frozen, in order
to make sure that they shall be kept in optimal conditions
until they are minutely examined in a laboratory. During
transportation, those fragments must be kept in adequate
hypothermia conditions.
In the case of a skeletized corpse or in the case of
finding separate bones, those are emaciated after boiling
into a NaOH solution or after drying them, far away from
any sources of heat, in air currents. They are then packed
into plastic bags and sent to the laboratory for further
medical and legal anthropology or compared anatomy
examination.
Regardless of the level of decay of the tissues, as a
result of traumatizing actions suffered when alive or of
the biotic and abiotic factors after death, the examination
of complete corpses is more complex and is usually
continued in a laboratory 13.
The external examination of the corpse must be
performed in conditions of adequate light, systematically
and minutely, as on the basis of the morphologic data
they present, they offer the criteria for establishing the
status of the infant born on term, prematurely or postterm, data regarding the duration of the extrauterine life,
medical attendance (offered or not), the cause and way of
producing the injuries.
The examination of the infants corpse focuses on
emphasizing the cranial and the cerebral injuries, as well
as the injuries on the body of the victim, thus offering data
regarding the methods and means used for killing the
baby and hiding the offence.
The investigation at the scene must emphasize the
traces and the specific material means of evidence in
order to clarify the circumstances in which the offence
was committed, such as: abandoned items of clothing,
underclothing or pieces of it, cloths, lint, medical cotton,
newspapers, packing materials in which the corpse was
wrapped plastic bags, sacks, suitcases, paper, where
you can discover, reveal, fix and remove potential papillary
traces left behind by the perpetrators, sometimes even
indicating the way in which death was caused, either by
asphyxia or by suffocation 14.
The investigator must search for the instruments used
at putting an end to the newborn infants life (contusive
objects, cutting and sharp instruments, and, eventually,
surgical instruments, used when giving birth) found around
the corpse and in the vicinity of the scene.
If the place of giving birth is the same with the place
where the corpse was discovered, other evidence specific
to giving birth shall be searched for: the placenta, blood,
amniotic fluid, clothes, cloths, containers used for collecting
the liquids produced during the process of giving birth or
coming from the victim.
When the birth and death of the new-born child occurred
in a house, the search for evidence must also be extended
to its annexes (warehouse, shed, barn, stack, latrines), as
780
well as to the surrounding field: garden, orchard, vineyard,

agricultural field).
When the new-born childs death occurred by
burning and carbonization, burnt remains or ashes must
be searched for, as well as any instruments used at
incineration, if the case may be. In case of destroying
the corpse by using chemical, physical or mechanical
methods, the investigation shall be performed similarly 15.
Taking into account the configuration of the scene
where the corpse was discovered, other categories of
evidence shall also

be searched for: shoe
marks, particles of
soil, traces indicating
the
means
of
transport, and so on.
Bibliography
1 George Antoniu, Constantin Bulai coordinators, Practic
judiciar penal, vol. III, Special Part, The Romanian Academy
Publishing House, Bucharest, 1992, page 37.
2 Law No. 286/2009, published in the Official Gazette No.
510 on July 24th 2009.
3 Harald Jung, Mihai Ardeleanu, Expertiza medico-legal
psihiatric n pruncucidere: dificulti i soluii, in Dreptul, year
XIII, third series, No. 10/2002, page 168.
4 Ibidem, page 170.
5 Law No. 135/2010, published in the Official Gazette No.
486 on July 15th 2010.
6 Emilian Stancu, Tratat de criminalistic, fourth edition,
Universul Juridic Publishing House, Bucharest, 2007, pages
515 to 517.
7 Lazr Crjan, Curs de criminalistic, Curtea Veche
Publishing House, page 397.
8 Ioan Quai, Victoria Flamndu, Contribuia medicului
legist la examenul la faa locului n pruncucidere, in Prezent
si perspectiv n tiina criminalistic, The Ministry of Interior,
Editorial and cinematographic Department, 1979, page 231.
9 Constantin Drghici, Investigarea criminalistic a locului
faptei, n cazurile de pruncucidere, in Investigarea criminalistic
a infraciunilor cu violen The Association of Criminologists
in Romania, Bucharest, 2009, page 49.
10 Ion Mircea, Criminalistica, Lumina Lex Publishing House,
Bucharest, 1999, pages 319 to 320.
11 Emilian Stancu, quoted works, page 526.
12 Ioan Quai, Victoria Flamndu, quoted works, page 232.
13 Ioan Quai, Victoria Flamndu, quoted works, pages 232233.
14 Constantin Drghici, quoted works, page 51.
15 Vasile Berchean, Ion Eugen Sandu, Tratat de metodic
criminalistic, vol. I, Carpai Publishing House, Craiova, 1994,
page 89 apud Constantin Draghici, quoted works, page 52.
THE DYNAMICS OF NECROPHAGOUS INSECT

SPECIES IN THE CASE OF A VIOLENT DEATH
DINAMICA SPECIILOR DE INSECTE NECROFAGE
N CAZUL UNEI MORI VIOLENTE
Drd. Biologist Lavinia PAUL
Member of North American Forensic Entomology Association
Drd. Biologist Ana-Maria KRAPAL
Master Biologist Ana-Maria PETRESCU
Abstract
Forensic entomology often brought input in complex criminal investigation. As a method
used to estimate the post mortem interval, data from this expertise in conjunction with
information from forensic experts bring security to judicial investigation. Entomological
expertise in forensics finds application in countries like France, Germany, Canada, S.U.A.,
China, England and other countries in Europe. Through these experiments, as well as those
conducted during the three years I want to emphasize the need to include this complex
expertise among forensic examinations.
In this study we considered the hypothesis of a violent death, using a badger (Meles
meles) corpse exposed outdoors.
Key words: violent death, entomology, forensics.
Rezumat
Entomologia judiciar i-a adus de nenumrate ori contribuia n investigrile criminalistice
complexe. Fiind o metod folosit n vederea estimrii intervalului post-mortem, datele
furnizate de aceast expertiz coroborate cu informaiile medicilor legiti aduc un plus de
siguran anchetei judiciare. Entomologia judiciar raportat n criminalistic i gsete
aplicabilitatea n ri ca Frana, Germania, Canada, S.U.A, China, Anglia, precum i n
alte ri din Europa. Prin aceste experimente i prin cele derulate pe parcursul a trei
ani, evideniez necesitatea includerii acestei expertize complexe n rndul expertizelor
criminalistice.
n acest studiu am considerat ipoteza unei mori violente, folosind un cadavru de bursuc
(Meles meles), expus n aer liber.
Cuvinte cheie: moarte violent, entomologie, criminalistic.
Violent death may be caused by the intervention of

an external traumatic agent. In the majority of cases,
this is the result of failure to respect the right to life of
a human being. When a decese is labeled as violent,
the specific forensic procedures will be started in
order to establish the circumstances in which death
has occurred. Violent death may happen in following
circumstances: accidents, suicides, murder, capital
execution.
The object of our study is represented by a badger
corpse (Meles meles), weighting about 7 kilograms, which
was exposed outdoors. The death of the specimen followed
a car accident; the cadaver presented torn wounds at the
legs level, craniocerebral trauma, mandibular dislocation
and fracture (Photos 1 to 4).
The experiment was carried in urban area - N44.45303,
E26.08459, with a termic interval between 5 C and 20 C
and a humidity of 30%-100%, and on a time interval of 50
days between March 21st and May 9th. (Figure 5).
Photo 1
Torn wound
at the for legs
Photo 2
Torn wound
at the hindlegs
Photo 3
Fractured jaw
781
Photo 4
Meles meles
corpse
Photo 7
Calliphora vicina
species and
clusters of eggs
deposited at the
left foreleg
Photo 5
Variation of
temperature and
humidity values
recorded during
the research
The beginning of decomposition: blackening of the

extremities, also the green spot of putrefaction was present;
clumps of eggs were deposited in the lower jaw, members,
thoracic cavity, abdomen and anal orifice. Masses of
larvae were present in the mouth opening and on the four
legs. The larvae hatched and colonized the whole carrion.
(Photos 8 and 9)
On the 21st of May 2011, the adult badger specimen

(Meles meles) had been placed as sample in order to
build a hypothesis concerning the identification of the
enthomological samples in the case of a violent death.
Five stages were recorded: fresh, bloating, decomposing,
advanced putrefaction and drying.
The fresh stage: until March 23rd, the cadaver had not
been colonized by insects due to the low temperatures
(Photo 6).
Photo 8
Mass of larvae,
clusters of
eggs and adult
specimens of
Calliphora vicina.
(Foreleg)
Photo 9
Mass
of larvae
at mouth opening
Photo 6
Fresh stage
The bloating stage: starting with March 24th, clumps of

eggs have been deposited in the lower jaw (which presented
an open wound), by a large number of individuals from
Calliphoridae and Muscidae families. The colonization of the
carrion by the first wave of necrophagous insects (dipters,
flies) had also taken place on the forelegs and hindlegs. The
bloated cadaver was very soft and presented skin bruising.
The advanced stage of decomposition: butyric

fermentation, pestilential odor present, masses of larvae in
different stages of development which had advanced in the
interior of the cadaver. Species from Diptera and Coleoptera
Orders were present. The fur detached easily from the
carrion. (Photo10).
Photo 10
Advanced stage
of decay
The drying stage: an incipient state of drying. There were

numerous insects, pupae and masses of larvae in different
stages of development. (Photos 11 and 12).
782
Photo 11
Early stage
of body drying
Photo 12
Pupae found
near the corpse
Conclusions:
If the victim died from a violent death, insects will colonize
firstly the external wounds, then the holes where the mucous
membrane has contact with air. Given the low temperatures
in the early days of the experiment, the body was not
colonized by necrophagous insects, but with increasing
temperatures, the first wave was represented by species

from Diptera Order. Calliphora vicina species was dominant,
followed by Lucilia sp. and Muscina sp. In succession,
followed beetles of Silphidae Family, Staphylinidae Family
and Histeridae Family.
If the body does not have external wounds, insects
colonize holes, as mentioned above, but when the victim has
injuries or depth injuries, the flies will lay eggs on or in them.
Upon discovery of a corpse which had previously presented
injured areas, this areas will be consumed preferentially.
Following identification of entomological succession of
insect species colonizing a body and their biology, the
entomologist can establish post-mortem interval, also can
identify traces of insects in order to distinguish them from
other artificial ante-mortem and post-mortem lesions.
References:
1. Iftenie Valetin: Interferena Medicin LegalCriminalistic, Editura Era, Bucureti 2006
2. Japanese Association of Criminology. Characteristic
Encroached Traces on the Dead Caused By Fly Maggots.
Acta Criminologiae Et Medicinae Legalis Japonica, 1973
3. Hough GDN. The Fauna of Dead Bodies, With a
Special Reference to Diptera. British Medical Journal, 1897
4. Smith KGV. Insect and other Arthropods of Medical
Importance. London: British Museum of Natural History
THE DEMOGRAPHICS VARIABLE INFLUENCE

OF PSYCHOPHYSIOLOGICAL REACTIVITY
IN POLYGRAPH ASSESSMENT
STUDIU PRIVIND INFLUENA
UNOR VARIABILE MACRO-SOCIALE
ASUPRA REACTIVITII PSIHOFIZIOLOGICE
N EXAMINRILE POLIGRAF
Chief- Commissary
Viorel PACA, Psychologist
Polygraph Laboratory from I.P.J. Maramure
Abstract
In the polygraphs examination the physiological response goes through conditioning
and processing, under the influence of internal and external factors that may change its
value. The paper ofers an overview upon research results regarding the demographics
variable influence: gender, age, level of education etc. During an inter-subject design
research we have assessed the psychophysiological reactivity of 33 subjects, examined in
real contexts, randomized by educational level. The inter-subject variability, marked out by
variance analysis(ANOVA-one way), confirms our research hypothesis(F=4,00; Sig=.029)
and can be used for psychophysiological data interpretation and diagnosis in polygraph
assessment.
Key words: Polygraph testing, psychophysiological reactivity, educational level.
783
Rezumat
n examinrile poligraf rspunsul fiziologic al subiectului suport mai multe condiionri
i procesri, sub influena unor factori interni sau externi care pot modera valoarea sa.
Articolul trece n revist rezultatele unor cercetri privind influena unor variabile demografice
asupra rspunsului fiziologic al subiecilor, cum ar fi: genul, vrsta, nivelul de colarizare
etc. De asemenea, este prezentat un experiment bazat pe un design inter-subiect, n care
s-a evaluat reactivitatea psihofiziologic a unui numr de 33 de subieci, examinai n
cauze reale, randomizai n funcie de nivelul lor educaional. Variabilitatea inter-subiect,
evideniat prin analiza de varian(ANOVA-one way), confirm ipoteza cercetrii(F=4,00;
Sig=.029) i are aplicabilitate pentru interpretarea datelor psihofiziologice i formularea
diagnosticului n examinrile poligraf.
Cuvinte cheie: examinare poligraf, reactivitate psihofiziologic, nivel educaional.
INTRODUCTION
Beyond the interest that other social life domains
also have for distinguishing truth from lie, the need for
data precision and safety in justice is a constant factor
of pressure in what regards developing technologies and
precise methods for truth verification.
The difficulty in developing such techniques is
generated, on one hand, by the complex, multi-determined
nature of phenomena in the simulation area and, on the
other hand, by the absence of solid scientific theories
regarding etiology and the mechanisms that produce
them. Behaviors in the simulation area do not have
their own specificity, being associated to some diverse
emotional states that require a contextual interpretation,
hard to achieve in the absence of certain information
about the involved cognitive and cortical mechanisms.
The polygraph examination is a psychophysiological
assessment of the discomfort state, generated by the
subjects answers regarding their involvement in the
penal act that is being investigated or in general regarding
some undesirable aspects of their activity. Usually, in the
polygraphs equation, the subjects psychophysiologic
reactivity is to be highlighted only as a consequence of the
presence/absence of the feigned behavior. Actually, the
subjects physiological answer goes through conditioning
and processing, under the influence of internal and
external factors that may influence its value (Aniei et al,
2009a).
The use of detection technologies that are based
on psychophysiological measurements ensures a high
degree of precision, but it does not eliminate a certain
rate of error occurance.
This fact generates constant concerns from specialists
regarding research in the field of validity of assessment
methods and the refinement of data safety and precision
degree (Elaad, 2001; 2003).
Inter and intra-individual variability are concepts that
create major difficulties for those studying human behavior
analysis from the view of investigating physiological
structures, in general, and psychophysiological reactivity
assessment, in particular.
Studies regarding the validity of the polygraph method
are limited by the absence of external criteria to assess
the fundamental truth, in real situations. There are many
situations in which the fundamental truth (the reality of a
crime) remains an unknown quantity and the results of
784
polygraph testing and the information contained in the

cause folder cannot be confirmed by objective external
evidence. For these reasons, the majority of research
in the field of polygraph are laboratory studies. There
are many critiques related to the low ecological validity
of laboratory studies (Ansley et al, 2000). In the field of
polygraph testing it is very hard to simulate in laboratory
conditions, the motivation, fear of detection and
consequences and other specific factors of the real judicial
context. These factors are crucial in the activation of the
sympathetic subdivision of the hypothalamus and their
presence ensures the neurophysiological mechanisms of
detection (Matte, 1997; 2000; Amsel, 1997).
The present study aims to approaching, theoretically
and experimentally, the influence of certain macro-social
variables, demographics, that can modulate the value
of the subjects physiological response in the context of
polygraph assessments.
We assess that for the refinement and safety of the
interpretation of psycholophysiological data, the study
and control of the influence of some external variables
that intervene in polygraph assessment and that can
shape the level of the physiological response and its
graphical expression, is needed.
John Reid and Fred Inbau, in their work Truth
and Deception (1996), refer to the presence of some
reactivity differences dependent on the educational level.
They affirm that the psychophysiological reactivity is
more vivid in the cardiovascular paths for those subjects
with an inferior intelectual level, and for the subjects
with a superior intelectual level, the psychophysiological
reactivity is more pronounced at the level of respiratory
paths.
Raskin, Barland i Podlensy(apud Kiss, 2009) verified
the differences regarding the psychophysiological
reactivity according to a series of criteria: gender,
education, number of past arrests, religion, number of
polygraph tests they took, scores obtained on the lie
scale, hypochondria scale, depression scale and have
shown that these variables do not have a major effect on
the safety and precision of diagnostic formulation.
In a laboratory research, Waid and Orne(1982)
reported that the subjects with a higher socialization
level had more powerful electrodermal responses than
the subjects with a lower socialization level. Gudyonson
(1979) indicated that high criminality leads to a decrease
in reactivity (and in this case he talks about professional
assassins with a lower reactivity level). In consensus

with this oppinion, Kiss (2009) shows that the level
of psychophysiological reactivity is influenced by the
severity of the crime and the relapse phenomenon.
Matte(1997) indicates the fact that in the absence
of a very low intelligence and psychological illnesses,
polygraph assessments are efficient for a wide range of
individuals. He is thus expanding the limits of a polygraph
assessment, wishing for a more comprising aplicabillity
field.
From the experience of Romanian specialists and
the practice of the observations that emerged during
several thousands of examinations, we assess that
there is a series of factors that can singularize the
graphic expression of psychophysiological reactivity
in the diagrams of polygraph assessments for certain
categories of people.
One of the most ample studies regarding the
influence of demographic variables on the accuracy of
polygraph testing, belongs to Sheila D. Reed (1999). Her
research was based on scripts that simulated larcenies,
thefts, homicides, sexual assaults etc that involved 379
subjects and assessed the precision of diagnosis in
polygraphtesting.
Distribution of frequencies has been separately
calculated, for the subjects that, in conformity with the
fictional crime, were innocent and, respectively, guilty.
For that matter, this was the criterion for establishing the
fundamental truth. The presence of an external criterion
in establishing fundamental truth allows the exact
assessment of validity, fidelity and accuracy rate of the
test.
Regarding the residency environment, the accuracy
rate of the examinations conclusions did not show
statistically significant differences, for both innocent and
guilty subjects.
Regarding the income, the statistical analysis
of frequencies hasnt shown statistically significant
differences, for any category of subjects.
In what regards the accuracy of polygraph testing
decisions, dependent on subjects age, Reed (1999)
comes to some more articulated conclusions.
If in the case of innocent subjects no statistically
significant differences have been obtained regarding
the accuracy rate of assessments, in what regards the
guilty subjects, the chi-square value was X2 = 9.831, p<
.0073. The comparison of correct decisions versus wrong
decisions showed statistically significant differences (
Fisher test, p< .0035). For subjects older than 26 years
old, the probability of being wrongly diagnosed as being
NDI (sincere) grows, respectively, for the 18-26 age
group, there is a higher probability of being correctly
diagnosed as DI(deception indicated).
It must be said that the low precision of diagnosis, in
this study, has been also generated by the involvement
of some polygraph operators that were in the training
and certification period at the Polygraph School of
the Defense Department in U.S.A. In the situation of
examinations for real causes, carried out by experienced
polygraph specialists, the precision of diagnosis grows
over the 95% threshold.
As it results from Reeds study (1999), young subjects
present a probability of being assessed as false positive,
while old persons have a higher probability of being
assessed as false negative. A possible explanation of this
situation may be linked to control (comparison) questions,
that, in the case of young subjects, that have a lower life
experience, are not as efficient. In young subjects, is hard

to identify comparison (control) questions that have a
correspondent in their life experience and that can serve
as norm for answers to relevant questions.
Another explanation, regarding the age variable, is
of ethical, moral nature. In young subjects, morals are
not yet sufficiently consolidated and as a result, their
reactivity to comparison questions, that have a more
general character by definition will be lower. The
social maturation deficit, specific to young individuals
with behavioral disorders, generates at the level of the
individual psyche, more forms of dispersion(Rcanu,
2008), among which valoric or axiologic dispersion
and attitudinal dispersion. For these reasons, the core
of ethical, moral values is diminished and the cognitive
conflict, generated by relevant questions, that regard
comitting crimes of antisocial acts, will have weak
pshysiological responses at the level of the vegetative
nervous system.
For the gender variable, S. Reeds study (1999)
showed that there are no statistically significant differences
regarding the accuracy of diagnosis in polygraph testings,
for both female and male subjects.
In another study, Freedlander et al (1998) assessed
differences between sexes regarding electrodermal
reaction (RED), in testings that involved 30 females and
30 males, with peak-of-tension (POT) type of tests. The
results of the study shown that females are more sensitive
and have obtained higher values of the ratio between the
RED at the relevant question and the neutral question in
the last position of the test (t (30)=2,30, p<.05, bilateral).
When they assessed the value of the proportion
between the electrodermal response at the relevant
question and the first neutral question in the test, the
differences between the groups have not been statistically
significant (t (30)=0,36, p>.05). The authors explanation
is linked to the fact that both males and females have
strong reactions to the first question of the test, no matter
its content, being a critical item in all types of tests.
In general, women display a more powerful contrast
than men, in the intensity of the response in lie or sincerity
situations. In explaining these differences, genetic and
physiological factors can intervene, as well as differences
of sensitivity in perceiving social responsability or even
cultural differences between the sexes.
James, Yee and Harsfield (1988) assessed the
differences between the sexes regarding factors that
may affect sanguineous pressure. Measurements have
been made for 137 men and 67 women from the clinical
population registered in the database of a medical center
for cardiovascular problems. The factors that have been
assessed, for each gender, were: posture, situation
and emotional changes. The results show that there
were differences between men and women regarding
parameters associated with the level of systolic and
diastolic arterial blood pressure. In men, systolic pressure
variated dependent on the situation in which it was
measures (p <.001) and the emotional state(p <.001),
while for women it varied according to posture (p <.005)
and the situation in which it was measured (p <.001). The
diastolic pressure in men has a growing tendency during
raging states, while for women the growth tendency has
been reported during anxiety states. Conclusions of the
study show that there are differences between sexes, in
what regards both the factors that influence the arterial
blood pressure, and the variation degree asociated with
these factors.
785
Gender differences have been measured also regarding

the asymmetry of electrodermal responses (MartinezSelva et al, 1987). The study compared electrodermal
activity for 15 men and 15 women, alternatively measured
for both hands, after applying acoustic stimuli with a value
of 80 dB. Men had a more accentuated assymmetry,
with higher tonic and phasic responses for the left hand.
Women had smaller differences between the values
measured for both hands, with more accentuated
responses for the right hand. The research conclusion
is that sex differences are an important variable in the
assymetry study of electrodermal activity.
Reed (1999) also analyzed, in the study weve referred
to, the influence that the level of education has upon
the accuracy of decisions in polygraph testings. For the
guilty subjects, the differences between the percentages
of examinations decisions dependent on the educational
level (up to college level vs. college graduates) have not
been statistically significant.
For the innocent subjects, the differences between
the perscentages were statistically significant (chisquare, X2 (2,170) = 9.68, p< .0079) and the Fisher test
through which correct and incorrect decisions have been
compared, was also significant (p< .0063).
A possible explanation that came up for the age
variable too, related to structuring in time and under the
influence of education in notions of ethics and moral, can
be also valid for subjects with a college educational level.
The fact that inconclusive decisions are more frequent
among college graduates can be explained through
the suspiciousness that more intelligent persons have
regarding comparison questions.
Considering the observations that emerged from over
1500 polygraph assessments we have synthesized the
following points of view:
there are significant differences for the general
value of psychophysiological reactivity dependent on
educational level, especially for the subjects that are
placed at the extremes of the studied indicator: with no
education and those with higher education;
there are no significant differences for
psychophysiological reactivity between subjects with an
average level of education, nor between them and the
other educational categories;
there is a tendency of positive correlation between
the general level of reactivity and the educational level; at
least up to gymnasium, and after that, differences (if any)
seem to be generated by other factors;
Starting from the data and information identified in the
professional literature in the field, we have carried out a
pilot research, having the following objective:
Highlighting
differences
regarding
psychophysiological reactivity dynamics in assessments
via polygraph method, dependent on the subjects
educational level;
Operational Hypothesis:
1. The low education level of subjects is associated to
diminished values in the psychophysiological response
measured in polygraph paths.
2. High educational level of subjects facillitates an
activation in psychophysiological reactivity highlighted in
polygraph paths.
3. For average and high educational levels, subjects
psychophysiological reactivity has a similar dynamic.
786
METHOD
a) Participants
The participants in the study, a number of 33, have
been randomly selected from over 1000 persons
examined in real cases and distributed in three samples,
dependent on their education level, as follows:
the group for subjects with a low educational

level (0-4 grades) = 11 subjects
the group for subjects

with an average
educational level (5-10 grades) = 11 subjects
the group for subjects with a high educational

level (over 10 grades or higher education) = 11 subjects
All the subjects selected for the research have
been diagnosed as insincere, a diagnostic thats been
confirmed by external objective evidence or though
obtaining post-testing confessions.
The age mean of subjects was 26.7 years, gender
repartition indicates a level of 90% for men and 10%
for women. The structure of examinations for types of
crimes is as follows: 13% homicides, attempted murder
or mortal blows, 13% severe bodily harm and blows, 9%
robberies, 12% sexual misdemeanors, 33% thefts, 10%
traffic misdemeanors and so on.
b) Devices, instruments, software, types of tests
The examinations have been conducted at the
Polygraph Laboratory of the Police Inspectorate of the
Maramure District, with the computerized LX4000
polygraph system, produced by Laffayette Instruments
Co. and LX 10.02 software, respecting the work
procedures of the Criminalistics Institute, in the basis
of standards recommended by the American Polygraph
Association (APA).
The examination tests battery included three tests,
M.G.Q.T. format, based on a modified version of the
Reid test (1966), elaborated by the Polygraph Institute of
the Defense Department (DoDPI) from U.S.A., with the
following topic of questions:
1.IR, 2.IR, 3.SR, 4.IR, 5.R, 6.C, 7.IR, 8.R, 9.C, 10.R,
11.SR.
(IR=Irrelevant, R= Relevant, C= Control and SR=
Sacrifice Relevant Question).
For the diagram evaluation and interpretation the
manual scoring system has been used (+/-1) and the
absolute values measurement of psychophysiological
reactivity has been reached through the Calipers
statistics system included in the LX-10.02 software.
c)Research Design
The study is the quasi-experimental type and is based
on a between-subjects design, that observes intersubject variability.
The independent variable is nominal, categorial
(low level, average level and higher level of education),
and the dependent variable is psychophysiological
reactivity, operationalized through the absolute measure
of the difference between the relevant question and
the associated control question. The balance of the
physiologic ratio between the relevant question (R) and
the associated control question (C) is activated by the
subjects psychological set, that is oriented towards the
stimuli with the highest danger degree. This is represented
by the relevant question, accusatory - for the insincere
subject, and respectively the control question for the
sincere subject.
Educa
-tional
Level
Number of
subjects
Mean
(m)
Standard
deviation
(s)
Limits of confidence
interval for the mean
(C.I.95%)
Inf.
Amplitude
Skewness
Kurtosis
Sup.
Low
11
1,54
0,87
0,95
2,13
2,60
0,59
-0,86
Average
11
2,52
1,22
1,70
3,34
3,80
0,01
-0,74
High
11
2,63
0,84
2,07
3,20
3,20
-0,78
1,55
TOTAL
33
2,23
1,08
1,85
2,62
4,00
Weve opted for data practical application from real

assessment settings because professional studies (Matte,
1998) show the difficulty of simulating, in laboratory
conditions, the influence of motivational and emotional
factors from real judicial situations, factors that enable
neurophysiological mechanisms that ensure feigned
behavior detection. In these conditions, we consider that
the ecological validity of the study is high and, in the case
of an increased number of subjects, the results can be
generalized without reservation.
Table 2.
Descriptive
statistics data
for the three
research groups
RESULTS AND DISCUSSIONS
We present in Table 2 the descriptive statistics data,

for the three variation levels of the independent variable:
The exploratory data analysis showed some
differences between the means of the three groups, with
a good data concentration and with the placement of
indexes for form distribution in limits of normality. These
data have been confirmed by the results of the normality
test of distributions.
Afterwards, homoscedasticity conditions have been
verified, the Leven test cofirming the
Table nr.1 Research Design
uniformity of distributions (p=.365).
Considering the fact that the
normality conditions of distributions and
Independent variable (classifying)
Dependent variable
uniformity of dispersions have been
EDUCATIONAL LEVEL
PSYCHOPHYSIOLOGICAL
achieved, the F test has been carried
Group 1
Group 2
Group 3
REACTIVITY
out, for variance analysis. Variance
(low level)
(average level)
(high level)
analysis (one-way ANOVA) shows
global statistically significant differences
Amplitude of
Electrodermal Reaction (ARED)
(value of Fisher ratio - F= 4,00; p=.029)
for psychophysiological reactivity in the
three reasearch groups.
Procedure
Multiple comparisons done for the three groups (see
The differences between the general relevant question the table below) shows that the main source of these
(R5) and the associated control question (C) have been differences comes from the group of subjects with a
measured in absolute value (scoring in absolute units). low educational level, where the reactivity level mean
The measurements have been made at the level of the is sensitively smaller than for the other two groups.
electrodermal reaction path, that according to many Reactivity differences are statistically significant between
authors, represents the most productive polygraph the low educational level group and the high educational
channel. The importance of the electrodermal channel level group (p=0,046).
(GSR or EDA) determined a 54% share for it, in the
Table 3. Post-hoc Analysis results based on the
mathematic alghorythm for Polyscor automatic scoring,
Bonferroni
test
developed by the Applied Physics laboratory of the John
Hopkins University, in comparison to 24%
Inter-group
DiffeDifference
SignifiConfidence
for the cardiovascular channel and 14% for
Comparisons
rence
mean
cance
Interval
breathing.
mean
deviation
threshold
(CI
95%)
The comparison between the two
Sup.
Inf.
questions (R and C) was made at the
amplitude (H) level of the electrodermal
Low Ed. Lvl. Gr./
-0,98
0,083
-2,05 0,09
reaction, the measurement units being the Average Ed. Lvl. Gr
diagrams grid divisions (div.).
0,046
-2,16 -0,01
Low Ed. Lvl. Gr./
-1,09
In order to assess the general reactivity
0,42
High
Ed.
Lvl.
Gr
of a subject the arithmetic mean has been
1,00
-1,18 0,96
calculated for the differences between R5 and Average Ed. Lvl. Gr./ -0,109
High Ed. Lvl. Gr
C6 for the three tests that are included in the
assessment battery structure. From a total
of 11 questions in a test, we have analyzed the subjects
Graphic expression of the relation between the
answer to the main relevant question(R5) because,
theoretically, this generates the most representative psychophysiologic reactivity and the educational level
psychophysiological response for the insincere subjects. shows accentuated growths between the first two groups,
and afterwards differences attenuate (see the graphic
The instructions set for the subjects was the standard below).
one, used in the Reid assessment procedure.
787
psychophysiological reactivity based solely on the

eletrodermal response and the low experimental
control of other regulatory variables (age, sex,
severity of crime etc).
The aplicability of this study aims at:
Growing the accuracy of assessments and
precision in formulating the diagnosis;
Highlighting the possibility of diagnosis error
occurances of feigned behavior at the level of
subjects with no education;
Cofiguring some psychophysiological reactivity
models for physiological parameters recorded by the
device according to the influence of some exogenous
variables;
Developing data analysis and scoring techniques
according to the determined sensitivity for each
psychophysiological variable.
Figure 1. The graphic for the relation between

educational level and psychophysiological reactivity
The effect size idex is: 2= 0,21 which suggests
a low-moderate intensity of the relation between
the variables (educational level and level of
psychophysiologic reactivity).
Results of statistical analysis show that there is a
general variability of psychophysiological reactivity in
accordance to the educational level of subjects, but
important differences, with consequences in what regards
laboratory practice, are displayed only at the extremes
of the studies indicator: subjects with a low educational
level versus subjects with a high educational level.
CONCLUSIONS
The results of the studies that we have referred
to in the introduction segment show that polygraph
assessments are relatively solid techniques and their
precision is not affected, at least in what regards
most socio-cultural variables (Doll et al, 2003).
For the present experiment, the results of
the statistical data analysis cofirm the research
hypothesis and are in accordance with conclusions
of other research and observations from laboratory
practice, that show that the most difficult subjects
to assess, in what regards diagnosis formulation,
are those with a low educational level. A lower
electrodermal reactivity dynamic, for this category
of subjects, imposes a higher practical application
for reactivity in the other psychophysiological
paths(especially cardiovascular and respiratory) in
order to avoid the appearance of false-negatives.
The present study has the features of a pilotresearch for developing a more ample research
project regarding the influence of some demographic
variables upon psychophysiological reactivity in
polygraph testing.
At this stage, we appreciate that the limits of
the research are determined by the low number
of participants, exclusive operationalization of
788
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2. Aniei,M., Paca,V. (2009), Particulariti ale
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Williams&Wilkins Company
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variables on psychophysiological detection of deception
examination outcome accuracies, Polygraph, 38(4), 310332
FACTS ABOUT COUNTERFEITING MONEY.

THE EFFECTIVENESS OF PRUDENTIAL
SUPERVISION OF CREDIT INSTITUTIONS
IN THE FIELD
CONSIDERAII PRIVIND BANII I FALSIFICAREA
ACESTORA. EFICACITATEA SUPRAVEGHERII
PRUDENIALE A INSTITUIILOR DE CREDIT
N ACEST DOMENIU
Elena GEORGESCU, PhD. student
Abstract
In this article we shall present the evolution of the most relevant moments for the national
monetary history, as well as the measures taken by the National Bank of Romania in order
to increase its effectiveness in the fight against counterfeiting including its intervention from
the supervisory authority perspective.
Later on we will describe the security features of the polymer banknotes issued by the
Central Bank, including their advantages and disadvantages.
Key words: banknotes; counterfeiting; polymer; central bank; supervision; effectiveness;
risk management; reputational risk.
Rezumat
n cadrul acestui articol vom prezenta evoluia celor mai relevante momente pentru
istoria monetar naional, precum i demersurile ntreprinse de Banca Naional a
Romniei, n vederea creterii eficacitii sale n lupta cu contrafacerea, inclusiv intervenia
sa din perspectiva autoritii de supraveghere.
n continuare, vom descrie elementele de siguran ale bancnotelor de polimer emise
de ctre Banca Central, inclusiv avantajele i dezavantajele acestora.
Cuvinte cheie: bancnote; contrafacere; polimer; banca central; supraveghere;
eficacitate; administrarea riscului; risc reputaional.
The emergence and evolution of money

In all states, whatever the form of government, the right
to coin money, namely the right to manufacture it, whether
metal, fiduciary and representative belongs, under the law,
to the state.
This right is conferred by the constitution of each
state. Since ancient times, money forging was considered
a crime against the states existence. Nicolas Oresme,
former legal adviser of King Charles V, in his book entitled
Traite des monnaies, considered money forging, as one
of the greatest evil that can fall upon a country, just as the
uprising , plague and drought, with the difference that the
action of these three latter evils is immediate, while money
forging action is slow and continuous.
Before the First War - shows in the article about money
forging, George Botez, former inspector for general safety,
published in Modern Police, Year I, no. 3, 1 May 1926 the
center of money forging and in particular banknotes was in
Constantinople, from where, then, through different ports, were
introduced in those countries. I knew at that time, a certain
Herman Siebner, cartoonist, author of a pretty good clich
for forging English bank notes. He had a tiny stature, over 65

years, smart, was sentenced to prison in our country for the
same kind of facts, running a prison sentence of five years in
Craiova, although with a weak view, he had such a steady hand
so that if he extended the hand and a sheet of thin paper was
put over hand, the paper stood motionless fixed ... 1
At that time in Constantinople, was running a special brigade
for tracking and catching international money forgers, whose
costs were proportionally supported by the States concerned to
defend their currency.
The inquiries and investigations made by this brigade, had
shown that forgers were part of all walks of life, and those who
were charged with the execution of the technical part, with the
actual forgery, were chosen from among those who possessed
special knowledge, as designers, engravers , chemists,
electricians, mechanics, etc..
It should be noted that a countrys currency, whether metallic
or paper, is usually forged in another country.
The direct action that was exercised by money forgers were
two actions: the actual forging and putting on the market.
Inside coins or banknotes forging, was creating an
association of criminals who obtain the necessary capital for
the machinery and tools serving the manufacturing, and the
789
material needed for that the coins made by them shall have as
much resemblance with the original.
Another operation was to put on the market the fake money,
which was usually madeby others.
The stock of counterfeit currency was introduced into a
country by smuggling, then was keept in a safe place and then
was put on the market in order to be placed. Ties of complicity
were well put in place, so material evidence were hardly falling
into the hands of authorities.
Money and their role in the economy of a state is wide
issues, debated through the ages of literature. Although the
perspectives of which they were analyzed are of great diversity,
the results are not always placed on the same lines, however,
can be distinguished the existence of two subjects with
relatively constant presence, located at an early stage of the
study, namely:
Identifying, in time, the appearance of money;
Trying to give a definition of money.
With regards to the first of the mentioned topics, studies
highlight the difficulty in identifying a particular moment to
which we shall associate the appearance of money and, whats
more, to meet general recognition. However, in the opinion of
some experts the emergence of money could be linked to the
difficulties arising in connection with the exchange of products,
known as barter, which have generated the need to identify
a solution to these problems and, so , set by the tenth century
BC., somewhere in the Heavenly Empire. Later, the first coins
were issued in Europe, in ancient Greece, in the context of
carrying the Olympics since 748 BC.
In terms of traffic intensity in Europe plates has a distinct
place, recording a large variety of methods.
Regarding the monetary circulation in the today
territory of Romania, it began with the establishment
of Greek colonies at the Black Sea. The conducted
researches, supported by the papers in the area are
leading to the conclusion that the existing currencies
used by the Dacians were Macedonian or Roman, but they
were also using their own coins that were imitating these
ones. After the collapse of the Roman Empire, Byzantine
coins took their place in circulation, as of 1421, after the
Tartar invasion, these are in turn replaced by the issuance
of dinars by Slovenian and Hungarian kings. Note that
the name of ban in Romanian language has preserved
from the name of these dinars. At the beginning of the
sixteenth century coin issues initiated in 1365 in Wallachia
- in the reign of Vlaicu Vod and in 1377, in Moldova, in the
reign of Petru Muat, have ceased. For three centuries, in
circulation will be found only currencies of other countries.
Turning our attention to those relevant to the history of our
currency, the studies in the field surprising in this regard,
the following temporary guidelines:
XVI-XVII century - the presence of lowentaler, pan lion,
version of the pan that was issued in the United Provinces of the
Netherlands, the precursor of the Romanian national currency.
Pan-lion becomes in the seventeenth century the silver coin
with the most intense movement not only in the Romanian
Countries, but also throughout the Balkan Peninsula, which was
sustained until the termination of his movement, namely at half
of the eighteenth century , hence its identification with the very
notion of currency. Following this milestone, in the Romanian
Countries occurs a new currency called the lion, divided into 40
streams (parale).
1860 - in the presence of Alexander John Cuza the
government tried to establish a Romanian monetary system
after the French model. The project envisages issuing a national
currency with the name Roman or Romanat, which however
failed following the withdrawal of French government support in
its attempt to avoid a conflict with the Ottoman Empire;
1867 - with the adoption of the monetary law, the lion (leu)
currency is divided into 100 units called money (bani). In the
first stage were issued bronze coins with values of 1, 2, 5 and
790
10 money (bani), and later, in year 1870 with the inauguration

of the State Mint, to be issued the first coins bearing the mark
lion (leu). They were of gold (20 lions) and silver (for one
lion);
1877 - Romanian Ministry of Finance issued the first paper
money - mortgage notes, to cover expenses due to the War of
Independence in 1877;
1880 The law that assures NBR establishment since
1880, it becomes the exclusive issuer of paper money. In 1881
the first Romanian banknotes of French inspiration are printed;
1916 - 1918 - is suspended gold convertibility of Romanian
banknotes and in accordance with the decision of the
representatives of the Central Powers in Berlin, the Romanian
General Bank (bank with German capital founded in 1895) are
printed paper money. Thus, in those times, on the occupied
territory of Romania, were circulating banknotes issued by the
National Bank of Romania, the Ministry of Finance and the
Romanian General Bank;
1920 - monetary unification. After the Great Union of
December 1, 1918, monetary unification became clearly
necessary, realizing the exchange of all foreign money that
were circulating in the Romanian provinces;
1929 Leos convertibility is restored. The banknotes
issued by the National Bank under the new law are redefining
the monetary gold coverage of the national currency, as follows:
1 lion = 10 mg gold titled 900 per thousand;
1947 - our countrys economic difficulties after the Second
World War reach an unprecedented level, appearing on the
market the banknote with the highest denomination in the
history of Romania, namely that of 5,000,000 lions. Monetary
reform introduces new banknotes and coins. 20 000 ROL = 1
RON;
1952 - is a new monetary reform, which establishes the coexistence of banknotes issued by the State Bank (the National
Bank of Romania at that time) and Treasury tickets issued by
the Ministry of Finance, together with divisional coins;
1966 - in the context of Romanian Peoples Republic
transformation into Socialist Republic, are put into circulation
new banknotes and coins, which will be used alongside the
new banknotes issued after 1989;
1991 - marked the return of the NBR to the traditional
functions of a central bank, and the launching of the first issue
of banknotes in the post communist times: the 500 lions. Note
that by 1994, all banknotes of the communist era have been
replaced with new ones;
1999 The National Bank of Romania has put into circulation
for the first time a polymer banknote (2000 lions - total solar
eclipse of 11 August 1999). In subsequent years, issuance of
paper banknotes were gradually replaced, so with the currency
denomination in 2005, the total amount was made of polymer;
2004 - 2005 national currency denomination was possible
to achieve on 1 July 2005, because it had reached a level of
inflation below 10 percent per year instead of 300 percent in
the early 1990s. Thus, by cutting four zeros, 10 ROL become
1 RON. However, now were issued only banknotes made from
polymer.
On trying to identify a definition of money, of course that
this may not have as a starting point nothing else than their
importance and their role in an economy. From the variety of
definitions found in the literature, we have held out two. Thus,
Costin Kiriescu shows that money is a social tool, a particular
form immediately mobilizing of social wealth, an communicable
and omnivalent embodiment of purchasing power, which gives
the holder the right over the part of the social product of the
issuing state and P.A. Samuelson concludes that money is not
something else than the blood of economy.
Forgery / counterfeiting money
The appearance of coins brought with it the temptation,
followed by concrete actions, of forging it. The first reference
to money forgery appears in the writings of Herodotus.
Archaeological excavations have revealed the existence of
coins with cheaper metal core and shell of gold and silver since
2000 years ago, thus confirmed the existence of counterfeiting
practices with the issuing of the first coins. Monetary fraud has
continued over time, wearing various forms of realizing, adapted
to the developments in relation to various characteristics of
money. As such, authorities have scaled their actions in order to
capture as much as possible such practices and also to punish
them, given the importance of money in any economy.
However, it should be noted that authorities concern
to increase sustainability and reduce the possibility of
counterfeiting banknotes not even this is one recent, currently
being supported by new achievements of technology, embodied
by the emergence of a new print media, namely the polymer.
In Romania the first polymer banknote was issued in 2000
to commemorate the total eclipse of sun visible in our country,
that was at just one year after the first appearance in Europe
of such a support used for printing banknotes. Advantages of
using this new type of support for the issue of banknotes are
clearly highlighted in literature, and consist in introduction of
additional safety elements that confer them durability and a
lower possibility to be forged. Thus, given the success of the
first polymer banknote in 2000, the issuance of banknotes on
this support has continued the following years.
In 2005, the Law no. 384/2004 on the creation of new
monetary units, the new lion, were put into circulation new
series of polymer banknotes. The original issue included six
denominations, namely 1, 5, 10, 50, 100 and 500. The 200 lei
was added to them, issued in 2006, then in 2008, appears the
10 lei banknote, in its new formula.
Romanian polymer banknotes have associated additional
security elements, which are addressed to three distinct
categories, as follows:
Intended to audience:
- Transparent window
- Iridescent band
- Watermark (portrait and NBR logo)
- Security thread
- Element of overlap
- Raised print
- Micro perforations
- Ink that changes color
- Gold printing
- Latent image
2) For operators with cash from commercial and banking
areas (cashiers)
- Microtext
- Print visible in ultraviolet light (the nominal value and the
series of the banknote)
- Security thread magnetism
- Screen ruling anti scanner
b. 5 lions banknote
Dimensions identical to the 10 euro banknote (127x67 mm)

Source: NBR
c. 10 lions banknote

Source: NBR
d. 10 lions banknote

Source: NBR
e. 50 lions banknote
3) known only by authorized persons in central bank

2.1. Romanian banknotes security features, intended to
audience :
a. 1 lion banknote

Source: NBR

Source: NBR
f. 100 lions banknote

Source: NBR
791
indicate that the vast majority of counterfeits were made

rudimentary, on waxed paper, trying to replicate polymer,
sometimes primitively imitating the transparent window. On
the denominations, the first three places in terms of number of
forgery cases, in 2010 is as follows:
The banknote with the highest number of forgeries is that
of 100 lions, 1694 pieces (out of which the police seized 195),
only 27 of these were carried out on a plastic-like polymer;
On the second place was located the 50 lions banknote,
with a total of 424 units (out of which the police seized 335), 31
of them were made on plastic;
200 lei banknote, with a total of 275 units (of which the
police seized 113), 3-counterfeiting plastic, took third place.
g. 200 lions banknote
Dimensions 150x82 mm - Source: NBR

h. 500 lions banknote

Source NBR
2.2 Advantages and disadvantages of polymer banknotes
towards paper banknotes
In a concise formula, in literature, are captured the following
advantages of polymer banknotes over paper banknotes:
Increased security against counterfeiting - the material itself
is a security element;
There life is three times longer than that of paper
banknotes;
Their capacity to absorb impurities is lower due to their
substrate, which being porous-less and covered with a
protective layer does not facilitate the absorption or retention of
various aggressive agents;
Technical processing is easier - both the stage of
manufacturing, and then in the process of issuing at the ATM;
Increased recycling opportunity
Regarding the most important disadvantages of the
banknotes printed on polymer support, compared with those
printed on paper,
A long life maintains their alterations in terms of format, eg.
folds;
Material hardness can contribute to altering mechanical
components of the numeral processing machinery;
Difficulties in identifying, by mechanical means, some of the
security elements at the end of their life
Beyond the benefits of using this new media for printing, of
course, the process of forging/ counterfeiting banknotes can
not be stopped, but only slowed.
Statistics of the National Bank of Romania in September
2010 shows a decrease by 18% of the number of counterfeit
expertise compared to 2009. Thus, the number of expertises on
counterfeit currency made by the National Bank have reached
the amount of 2574 forged
banknotes.
Share of forging expertises in
2010
Source: NBR
Information
provided
by
the Central Bank in October in
connection with this phenomenon
792
3. The effectiveness of prudential supervision of credit

institutions in this area
By Article 177 of NBR Regulation no. 18/2009 on the
management of credit institutions, the internal assessment of
capital adequacy to risks and conditions of their outsourcing
activities, with subsequent amendments, was implemented
banks obligation of reporting to the Supervision Department of
Central Bank suspicious transactions and incidents of fraud,
whether because of their level of significance, they may affect the
safety, soundness and reputation. To meet these requirements,
credit institutions must develop internal rules, in the contents of
which they shall determine the value of this level of significance
in light of the reputational and legal risk. In this context, credit
institutions must take into account the regulatory framework
and other factors which could affect their business. However,
they must have operational policies and procedures that should
prevent entering into business relations with persons engaged
in fraudulent and other criminal activities.
In carrying out statutory powers in respect of prudential
supervision, the National Bank of Romania assess the risk
management at each credit institution to determine whether it
is appropriate to its complexity, size and risk profile for each of
them. In this sense, a distinct place in the work is taken by the
analysis of strategies, policies, internal rules and procedures
issued by credit institutions including in terms of legal and
regulatory requirements in the field. In this process, to assess
compliance with the requirements imposed by art. 177 of the
mentioned Regulation, the Supervision Department aims to
substantiate the setting, separately on each credit institution, of
the level of materiality and the criteria used to determine it.
In the context of its statutory powers, the National Bank
Supervision Department undertake a specific series of steps,
aiming at, if necessary, the request for revision / modification /
addition to the threshold value and internal regulations drafted
in regards to the administration risks.
Given that the conducting an effective oversight activity by
the Central Bank to is synonymous with fulfilling its statutory
mandate, established in art. 25 of Law No. 312/2004 on the
National Bank of Romania Statute, namely to ensure a healthy
and viable banking system, complying credit institutions with
the above requirements is essential.
4. The concept of banking official with control tasks
The new Criminal Code was adopted by
Law no. 286/2009 and will enter into force
on the date to be specified in the law for
implementing it. Within 12 months after its
publication in the Official Gazette of Romania,
the Government will submit to the Parliament
a draft law to implement the Criminal Code.
The new criminal law establishes
definitions of terms or phrases with specific
criminal law content (with a different meaning
than that used in common parlance or in other
branches of law our addition) an entire Title:
Title X The meaning of terms or phrases in criminal law of the

general part. It should first be noted that whenever the criminal
law uses a term or phrase from those shown this way, their
meaning is there provided, unless the criminal law stipulates
otherwise. As such, it is important to note that, for example, the
notion of public official for the purposes of criminal law has a
content different from that shown in administrative law. In this
regard the only way to establish a different content from that
provided in the Criminal Code is also the criminal law .
The public official is a term explained by the legislature
(Article 175 of the Penal Code 16).
Under the new concept, unlike the existing one at the
adoption of the Criminal Code in force, a public official, within
the meaning of criminal law, is a person who, permanently or
temporarily, with or without remuneration:
a) exercises the powers and responsibilities established
by law in order to achieve the prerogatives of the legislative,
executive or judicial powers;
b) performing a public dignity job or a public office job of
any kind;
c) exercises alone or with others, in an autonomous, a
another trader or a legal entity entirely or majority owned by
state or a legal person declared as public utility, tasks regarding
their object of activity.
It is also considered a public official within the meaning of
criminal law, the person exercising a public service for which he
was invested by public authorities or which is subject to their
control or supervision for the fulfillment of that public service.
From the interpretation of art. 175 results that those people
employed in banking units entirely or majority owned by state,
permanently or temporarily, with or without pay, perform tasks
related to achieving the object of their activity will have the status
of public officials within the meaning of the criminal law, with all
legal consequences arising from such a quality. Although this
is a controversial issue, in our opinion of these persons, those
entrusted by the organization and operation regulations or by
the job description, will be public officials responsible for control
within the meaning of criminal law.
For example, will have this quality the officials from the
National Bank of Romanian Supervision Department with
powers, among others, to implement the provisions of art. 25
of Law no. 312/2004 on the statute of the National Bank of
Romania or those of CEC Savings House - SA or the Export
Bank of Romania - Eximbank SA. Will hold the same quality, in
our opinion, people with leadership positions in those outlets that
have the powers, among others, to control their subordinates.
On the same line of thought, note that wont be public
officials, within the meaning of criminal law, after entering into
force of the new Criminal Code, officials working in private
banking units, in which the Romanian State is not a shareholder
or it is a minority shareholder.
The doctrine stated that a public official with management or
control powers is a person this way qualified by legal provisions
in force.
The quality of the person with management or supervisory
duties, according to other opinions , is specifically determined
for each case, based on perpetrators nature of duties. This view
has been criticized because it introduces relative and disputable
criteria in determining the active subject of the analyzed deed
by the judiciary.
After another author, public official with control powers
is that who has within his competence certain sectors of the
business under permanent or temporary checking and can take
or propose measures to improve it.
The phrase control powers means a complex activity of
monitoring in a chosen field in order to know the realities and
how to operate in that area to prevent or to liquidate any gaps
and improve the work.
Mentioned that the term official disappears from the new
Criminal Code , as defined in the Criminal Code in force , its
editors making a clear distinction between public and private
officials, without any intermediate categories between them.
It should be noted that the term public official has the same
meaning in the Criminal Procedure Law.

Banking public officials with control powers have a special,
to promptly notify criminal investigation bodies about the
commission of an offense in connection with the job in which
they perform their tasks (including the control one). This
is the case, for example, the crime of forgery of currency or
other assets provided in art. 282 of the Criminal Code in force,
provisions taken over, without changes, in art. 310 and art. 313
of the new Criminal Code, provisions on which we will address
below.
5. Criminalization of counterfeiting banknotes in
Romania
Romanian criminal law is criminalizing such acts by art.
282 par. (1) Criminal Code in force. In addition to criminalizing
the main act counterfeiting coins or other valuables, Criminal
Law criminalizes by the provision of Art. 282 par. (2) Criminal
Code facts derived from the main act, namely: the act of
putting into circulation counterfeit coins or values and the act of
possessing counterfeit coins or valuables in order to put them
into circulation.
Although the marginal name (nomen juris) of art. 282 of the
Criminal Code applies only to the main incrimination, provisions
of this article contain a plurality of incriminations, which differ
only by their content, particularly through their material side,
and not a single complex crime that falls under its content,
according to art. 41 para. (3) Criminal Code, as an element or
aggravating circumstance, an action or inaction which is itself
an offense.
The material element of the incrimination consists of
counterfeiting a coin or other values.
The term counterfeiting means altering the truth in one of
two possible operations, namely:
- Counterfeiting (forgery) for the purpose of producing
coins or false currency values by imitating true coins or real
values, or
- Alteration (transformation) namely changing the
content or appearance of a coin or real value in order to create
an appearance inauthentic.
Each of these operations can be performed by a variety of
processes.
Similarly, the means of falsification are extremely varied and
adapted to the procedures used for forgery.
Imitation doesnt have to be perfect. It is sufficient that the
imitation is so made that the counterfeit coin or value due to the
appearance of authenticity, can be considered as a genuine
coin or value.
Essential requirements:
1. The counterfeit coin or value must correspond to
one of the coins or securities listed declarative and not limited
in the provision of par. (1) of Art. 282 Criminal Code, as being:
coins, paper currency, public debt securities, checks, securities
of any kind for the payment, electronic payment instruments
issued by credit institutions of authority, or any other securities
or similar securities.
For characterization of coins or securities will be considered
the normative act trough which are regulated.
The essential requirement is also met if the forgery would
apply to foreign currencies or securities (art. 284 Criminal
Code). For characterization of foreign values will be taken into
account their legal regime in that country. Foreign values must
be those provided in the provision of par. (1) Art. 282 Criminal
Code, but may have different names (eg. rent debt, treasury
bills, bonds, etc.)..
If the counterfeiting product wont fall into any of the values
shown in art. 282 par. (1) of the Criminal Code, the concrete
action is not considered material element of the offense, but
could possibly fall within the provisions on false documents (eg.
Counterfeit train tickets) or those related to deception ( eg. sale
of counterfeit ancient coins as genuine parts).
The offense of counterfeiting coins or other values can not
be committed without the prior existence of a coin or a true value
793
to serve as a model or object in the operation of falsification and

thus the product of such operations to correspond, apparently,
to a coin or a true title.
Greater or lesser the value of the coin or securities is
immaterial to the existence of the crime. Also, it does not matter
whether the money is of metal or paper, if the title is registered or
bearer, etc.. Enough to have a coin or a value that corresponds
to the product of forgery.
2. Currencies or securities of those shown in par. (1)
of Art. 282 Criminal Code should be in circulation, or have the
legal power to circulate
A currency withdrawn from circulation can sometimes be
forged (altered). These operations will not meet the criteria to
realize the material element of the offense of counterfeiting coins
unless the product will be a coin in circulation. This essential
requirement will be satisfied if a counterfeit coin withdrawn
from circulation may still qualify for exchange. This essential
condition will also be satisfied for fraudulently stamped notes
after the deadline when they had to be submitted for stamping.
Similarly, foreign currencies or securities must have a legal
tender.
The action of forgery of a coin or securities is not relevant
unless it is committed with guilt, as intended. Professor Vintil
Dongoroz argued that, itself, does not require the forger to
follow putting on the market counterfeit currency or value (direct
intent), it is sufficient that he realized (foreseen) that this result
is possible and accepted its production (indirect intent).
The motive and the purpose of the perpetrator does not
matter for the existence of the subjective side and hence of
the crime itself, but they will be taken into account when
determining the degree of social danger and therefore to the
specific individualization of punishment.
The doctrine, sustained the opinion, although remaining
isolated, that the analyzed crime can be committed only by
direct intent.
The intention results from the act materiality - res ipsa in se
dolum habet - because, in general, coins or securities are not
counterfeit or altered without the will to forge them or without
the representation of the outcome of this action. This does
not mean that the perpetrator could not prove that he worked
without fault.
In the event that there are more participants, the existence
of intent must be investigated and verified in relation to each
active subject. When any of the participants to counterfeiting
was misled about his contribution will apply the provisions
concerning improper participation (Article 31 Criminal Code).
When forgery of currency or other assets under the same
name (monomer) and across the same article of the Code (art.
282 Criminal Code.) are also provided derivative crimes on
putting into circulation or possession for circulation of coins
or false values.
The material element is the action of putting in circulation
and the action of ownership of counterfeit coins and values,
shown in the provision of par. (1) Art. 282 Criminal Code.
Putting into circulation means putting the coin or forged
securities in the area (circuit) that normally fulfill their function
and their true value.
Usually, putting into circulation may be done by any ordinary
means (payments, deposits, exchange, postal items, etc.) or by
unlawful acts (such as substitution by a manager or agent of
counterfeit coins or values instead of true ones). In essence,
the release on the market is only a way of facilitating the
capitalization of the product of an offense, so a variant of the
offense of concealment (art. 221 Criminal Code) or keeping the
product or the fruits of the offense, so a variant of promoting
the offender - art. 264 par. (1) of the Criminal Code.
The release on the market is made, usually by successive
acts, repeated at intervals of time, running the same resolution
gaining the nature of continued offense.
With regard to holding coins for putting into circulation, this
act is not a distinct offense for those who issue such values,
but is naturally absorbed in the crime of putting into circulation
794
counterfeit values (so they can put them into circulation, first
of all the defendant must possess them). In this view, the first
instance and appeal court have wrongly held, in this case, a
real contest of crimes, although the facts fit only to the crime of
putting into circulation of forged securities provided in art. 282
par. (2) of the Criminal Code.
By holding of counterfeit coins or securities is understood
receiving and keeping, no matter if the owner of the currencies
or securities has acquired and held them for himself or if they
have been entrusted for safekeeping and held for another.
Ownership, as putting into circulation, is a way to conceal or
to encourage, particularly punished in matters of counterfeiting
coins or securities. Is not relevant for the existence of the
objective side if the detention lasted until the release of coins
or securities or took place only in a certain amount of time, just
as for concealment and bias. For example, who enters into the
country with forged coins or securities or who is carrying from
one locality to another coins or securities, in order to put them
into circulation, commits the offense of possession of forged
coins or securities.
Essential requirements:
1. Counterfeit coins or securities, put in circulation or
held, must be from those shown in the provision par. (2) art.
282 of the Criminal Code, as a consequence of the derivative
character of these crimes.
Derivative offenses, as shown by their grade, are subsequent
offenses, which are involving another antecedent offense, so
that the qualification as a criminal deed of derived offenses
of putting into circulation or possession of counterfeit coins
or securities depends on the existent crime of counterfeiting
coins or securities. While an offense of counterfeiting coins or
securities was not committed, the act of releasing or possessing
counterfeit coins or securities can not be conceived. Putting into
circulation and holding forged items are therefore correlative
crimes against the offense of counterfeiting coins or securities,
the existence of the former being subject to the existence of
the latter.
2. The action of ownership must be committed for
being put into circulation. Any failure in meeting this requirement
removes the criminal nature of the deed of ownership. Criminal
liability arises from the moment when the holder realized the
nature of the coins or securities received or assigned to him
in order to hold possession of them. Without the essential
requirement, possession may sustain the offense of favoring,
this only if are met its constituent conditions (art. 264 Criminal
Code).
Possession of coin, knowing that it is forged, for putting
into circulation, meets the constituent conditions of the offense
provided in art. 282 par. (2) of the Criminal Code, even if it has
not been released. Before attempting to sell counterfeit money,
the perpetrators have committed the crime of deception in
attempted form, because it lacks of the enforcement act for the
decision to commit the crime, a condition referred to in art. 20
of the Criminal Code. In terms of this crime, therefore, the deed
remained during preparatory acts, unsanctioned by law.
Acts of writing checks having an empty bank account
and using them for payment of the goods purchased, meet
the constituent conditions of three offenses, which are in
competition, namely forgery of checks provided in art. 282 par.
(1) of the Criminal Code, putting into circulation forged securities
referred to in art. 282 par. (2) and deception set in the art. 215
par. (3) of the Criminal Code.
The form of guilt necessary for the existence of the
subjective side is intention, or the knowledge of the offender
that the coins or securities he puts into circulation or which
he possesses for being put into circulation are forged, and so
knowing that by committing these actions he creates a state of
risk for maintaining public confidence, a result which it pursues
and accepts.
The motive and purpose of the perpetrator does not matter
for the existence of the subjective side and hence of the crime
itself, but they will be taken into account when determining
the degree of social danger and therefore for punishment
individualization.
For the existence of the subjective side, in the concept
teacher Dongoroz, it is enough for the perpetrator to have
worked with intention (direct or indirect) knowing that the coins
or securities were forged, as between him and whether the
forgery author was there any understanding (eg. : one finds
an envelope with notes and realizes that they are not true,
however, he puts them into circulation, the deed shall constitute
the crime of putting into circulation forged coins).
Not only knowing that the coins are forged, but also the
purpose for which they are held can not be deducted ex re,
from he material holding, and as such they must be proved.
The act committed by negligence is not a crime. Who
received a bad coin and without knowing that it is forged puts
it back into circulation without committing a crime, and if he
realizes that the money is false and yet puts it into circulation
commits a deed punishable by a fine.
Other authors, believe that derived crimes can not be
committed without direct intent. In this vision, the phrase for
putting into circulation is an essential requirement which affects
the subjective side of the analyzed crime, thus having sense of
purpose and not destination.
In another view, it was claimed that the only for the normative
way of holding for putting into circulation the form of guilt must
be exclusively direct intention.
In legal practice was decided that the form of guilt must
be checked against each participant of the act, and when any
of them was misled about his contribution, will be applied the
provisions concerning inappropriate participation.
References:
1. V. Lpdui, Cuvnt nainte in volume Expertizarea
bancnotelor i a altor instrumente de plat N. Buzatu and Ghe.
Popa, Little Star Publishing House, Bucharest 2003
2. National Bank of Romania, Scurt istorie a monedei n
Romnia , Communication Department, Bucharest 2011
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4. Radu Negrea, Moneda, de la speciile de moned la cecurile
electronice, Albatros Publishing House, Bucharest 1998
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penal. Partea special (Tratat), CH Beck Publishing House,
Bucharest, 2009
13. Teodor Vasiliu, Doru Pavel, George Antoniu, tefan Dane,
Gheorghe Drng, Dumitru Lucinescu, Vasile Papadopol,
Dumitru C. Popescu, Virgil Rmureanu, Codul penal romn,
comentat i adnotat. Partea special, 2nd Volume, Scientific and
Encyclopedic Publishing House, Bucharest, 1977
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ansa SRL, Bucharest, 1992
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Ilie Pascu, Ioan Molnar, Valeric Lazr, Drept penal. Partea
special, Europa Nova Publishing House, Bucharest, 1997
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Publishing House, Cluj-Napoca, 1997
18. O. Loghin, T. Toader, Drept penal romn. Partea special,
fourth edition revised and enlarged, Casa de editur i pres
ansa SRL, Bucharest, 2001
19. Ilie Pascu, Valeric Lazr, Dreptul penal. Partea special,
Lumina Lex Publishing House, Bucharest, 2004
20. Vasile Dobrinoiu, Nicolae Conea, Ciprian Raul Romian,
Camil Tnsescu, Norel Neagu, Maxim Dobrinoiu, Drept penal.
Partea special, vol. II, Lumina Lex Publishing House, Bucharest,
2004
21. H. Diaconescu, Drept penal. Partea special, vol. II, 2nd
edition, All Beck Publishing House, Bucharest, 2005
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third edition, All Beck Publishing House, Bucharest, 2005
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de drept penal, Curs selectiv pentru examenul de licen, third
edition revised and enlarged, Trei Publishing House, Bucharest,
2006
6. Elemente de siguran ale bancnotelor romneti n

circulaie , National Bank of Romania, July 2, 2011
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Partea special, vol. II, ed. a II a revzut i adugit cu
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activitii de supraveghere bancar , journal of Theoretical and
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special, 2nd edition, revised and enlarged, Omnia Uni S.A.S.T.
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Publishing House, Bucharest, 2009
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Billetaria Magazine, April 2009
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Fodor, Nicoleta Iliescu, Constantin Bulai, Rodica Stnoiu, Victor
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Sitech Publishing House, Craiova, 2010
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Based on Government Decision

candidates will prepare the topics

Since March 2011 the Romanian Journal of Forensic Science

THE SCIENTIFIC BOARD

THE SIXTH CLASS OF THE MASTER IN FORENSIC SCIENCE

THE SYSTEM OF ORGANIZING CRIME INVESTIGATION

APPEARANCE AND EVOLUTION OF DACTILOSCOPY (II)

PERSONS WITH DEFICIENCIES - DISABILITIES

TECHNICAL - FORENSIC PITFALLS

FORENSIC MEDICINE ACTIVITY ON THE FRINGES OF JUSTICE

SPECIAL EVENTS AND TERRORISM

THE OFFENCE OF INFANTICIDE. ASPECTS OF CRIMINAL LAW,

THE DYNAMICS OF NECROPHAGOUS INSECT SPECIES

THE DEMOGRAPHICS VARIABLE INFLUENCE

FACTS ABOUT COUNTERFEITING MONEY.

Romanian Journal of Forensic Science was assessed

The authors are liable for

Editor: Vasile LPDUI

Editor: Romanian Forensic Association,

A ASEA PROMOIE DE ABSOLVENI A MASTERATULUI N CRIMINALISTIC

SISTEMUL ORGANIZRII INVESTIGRII INFRACIUNILOR

APARIIA I EVOLUIA DACTILOSCOPIEI (II)

PERSOANELE CU DEFICIENE - DIZABILITI PERSPECTIVA SOMATIC I PSIHOLOGIC

TERORISMUL I EVENIMENTE DEOSEBITE

INFRACIUNEA DE PRUNCUCIDERE: ASPECTE DE DREPT PENAL,

DINAMICA SPECIILOR DE INSECTE NECROFAGE

STUDIU PRIVIND INFLUENA UNOR VARIABILE

CONSIDERAII PRIVIND BANII I FALSIFICAREA ACESTORA.

TO THE ATTENTION OF READERS

The next issue of the journal will come out on

Theoretical and practical solutions are the

The printing approval was given by the editorial chief.

FORENSIC SCIENCE NO.4 (76), AUGUST 2011, VOL. XI

THE SIXTH CLASS OF THE MASTER

In the late May 2011, the sixth promotion graduated

issued their dissertation papers.

FORENSIC SCIENCE NO.4 (76), AUGUST 2011, VOL. XI

PhD. and police chief commissioner biochemist Potorac

The study called The methodology of forensic

FORENSIC SCIENCE NO.4 (76), AUGUST 2011, VOL. XI

Operating modes commonly found

Masters students dissertation papers topics

Tactics of hearing the

Persons identification after

Methods and modern forensic

Analytical tools in forensic fire

Methods and techniques used

The psychology of a serial

Criminal investigation based

Forensic investigation of the

Judicial psychology and

Psychologists role during the

FORENSIC SCIENCE NO.4 (76), AUGUST 2011, VOL. XI

THE SYSTEM OF ORGANIZING CRIME

Forensic scientists have begun to actively analyse

although a series of authors do not consider them

FORENSIC SCIENCE NO.4 (76), AUGUST 2011, VOL. XI

investigation represents a selection and an arrangement

certain logical coherence of the thinking processes and

FORENSIC SCIENCE NO.4 (76), AUGUST 2011, VOL. XI

context, they might be formulated as follows: are the

organizing the judicial enquiry of the criminal