THE SCIENTIFIC BOARD

Honorary Chairman: Academician Marius SALA, vice-chairman of the Romanian Academy SSUMMARYUMMARY Chairman: Univ. prof. Lazãr CÂRJAN PhD, interim chairman of Romanian Forensic Association, dean of the Faculty of Law Pag. within the “Spiru Haret” University; Vice-chairmen: 489. EDITORIAL Univ. lecturer Iancu ŞTEFAN PhD; RETROSPECTIVE... Associate professor magistrate major general (r) Dan VOINEA PhD; VASILE LĂPĂDUŞI Chief commissary Gabriel ŢÎRU, director of Forensic Science Institute 490. THE CRIMINAL INVESTIGATION IN THE AQUATIC ENVIRONMENT within General Inspectorate of Romanian Police; MOTTO: “THE RESEARCH AT THE CRIME SCENE Univ. prof. PETRE BUNECI PhD, dean of the Faculty of Law IS NOT LIMITED BY TIME AND SPACE” – The Ecological University; MUSLEDIN SINAN Police quaestor Arion Ţigãnaşu Jãnicã PhD; 496. THE FORENSIC CRITERIA TO QUANTIFY THE GRAVITY OF A TRAUMATISM Univ. lecturer chief commissary Constantin DUVAC PhD. ON A PERSON, PROVIDED IN THE NEW CRIMINAL CODE Members: VALENTIN IFTENIE Univ. prof. Tudorel BUTOI PhD, “Spiru Haret” University; 499. CRIMINOLOGICAL ISSUES CONCERNING THE PAEDOPHILE OFFENDERS’ Univ. prof. Doctor of Law Mihail GHEORGHIȚǍ, Free International PERSONALITY University of Moldova; IANCU ŞTEFAN Associate professor GHEORGHE GOLUBENCO PhD, Free International University of Moldova; 502. ROAD SAFETY TECHNOLOGY – 5TH PART ADVANCED SAFETY LAZARENKO LINA, Forensic Science Institute of the Republic OF VEHICLES AVS-3 MIRCEA FIERBINŢEANU of Lithuania; Eng. Cătălin GRIGORAŞ Phd, professor at the University 505. THE EXPERTISES’ PERSUASIVE POWER of Colorado Denver, U.S.A. NICULAE SAVU, Univ. prof. KOSTADIN KIRILOV BOBEV PhD, Bulgaria; NICOLETA TRANDAFIR, VIOREL BRATOSIN Associate professor police quaestor Bujor FLORESCU PhD; Univ. prof. Valentin IFTENIE PhD, National Institute of Forensic 508. DESTRUCTIVE AND NON-DESTRUCTIVE Medicine “Mina Minovici”; PHYSICAL-CHEMICAL EXAMINATIONS OF DOCUMENTS TRACKING George BǍLAN PhD, The Prosecution Department attached DANIELA LAURA FERARU to the Bucharest Court of Law; ADRIANA MATEI Eng. Mircea FIERBINŢEANU, judicial expert; 513. OPINIONS RELATED TO THE ARTICLE “ROMANIAN CRIMINALIST Division general (r) Gavril Dorelu ŢǍRMUREAN, APPRECIATED BY THE WESTERN WORLD FOR HIS SCIENTIFIC ACTIVITY”, member of Romanian Forensic Association; PUBLISHED IN THE ROMANIAN MAGAZINE OF FORENSIC SCIENCES NO. 4/2010 Chief commissary ROMICǍ POTORAC, VASILE LĂPĂDUŞI deputy director of Forensic Science Institute; 516. GRAFFITI – A CHALLANGE FOR HANDWRITING EXAMINATION Chief commissary Crişan - Mucenic LǍZUREANU, NICULAE SAVU manager of the Kennel Center – Sibiu; NICOLETA TRANDAFIR Univ. lecturer Nicolae GROFU, ADRIAN MITROFAN “Al. I. Cuza” Police Academy; 519. SKIN DISEASES WITH PERMANENT EFFECT ON PAPILLARY Chief commissary Viorel COROIU, “Al. I. Cuza” Police Academy; FRICTION RIDGE SKIN Univ. lecturer Pantelimon BOŞTINǍ, “Titu Maiorescu” University; VALENTIN VICTOR GHEORGHE Univ. lecturer major general (r) Ioan HURDUBAIE, executive director 521. ESTABLISHING THE SUCCESSION OF HANDWRITING ADDITIONAL of the International Agency for Crime Prevention and Security Policies; NOTES IN A DOCUMENT Associate professor Nicolae VǍDUVA PhD, Romanian University of NICOLETA TRANDAFIR Sciences and Arts “Gheorghe Cristea”; VIOREL BRATOSIN Eng. Anca BǍLAN, general manager of the “Chronos” company; VALENTIN STANCIU Associate professor Gheorghe PǍŞESCU PhD, 525. GENERAL CONSIDERATIONS ON THE INVESTIGATION METHODOLOGY “Dimitrie Cantemir” University; OF CYBERCRIME OFFENSES Chief commissary Ionel NECULA, Institute of Forensic Science; IONIŢĂ GHEORGHE-IULIAN Jurist Ciprian IONESCU – B.C.R. Chief commissary Grigore PǍTRUŢ, 530. THE CRIMINALIST INVESTIGATION OF HUMAN TRAFFICKING. chief of the Forensic Science Service of G.D.B.M.P.; THE REINTEGRATION OF THE HUMAN TRAFFICKING VICTIMS NISTORESCU CRISTIAN Univ. lecturer Gabriela MATEI PhD – The Ecological University; Univ. lecturer Constantin DRǍGHICI PhD, Romanian University 531. THE DRUGS AND VEHICLES TRAFFICKING – A CONSTANT CHALLENGE IN of Sciences and Arts “Gheorghe Cristea”; THE FIGHT AGAINST THE ORGANIZED CRIME Univ. lecturer Florin BOBIN PhD, Bioterra University; GHEORGHE MIHAELA CIOFU VIOLETA Univ. lecturer commissary Sorinel CǍRǍUŞU, Al. I. Cuza” Police Academy. Romanian Journal of Forensic Science was assessed and classifi ed The authors are liable for the content by the National Board for Scientifi c Research in the Higher Education (N.B.S.R.H.E.) at the category “B” – with the notice nr. 9415/17.12. of the articles published. Editor: Vasile LǍPǍDUŞI Deputy managing editor: Constantin GÂDEA Editors: Cristian DIACONESCU, Nicolae SAVU, Steluța GREJDINOIU, Mihaela Irina CONSTANTINESCU, Marin RUIU, Horaţiu MĂNDĂŞESCU, Cristian DUMITRESCU. Translation: Răzvan DOBÂRCEANU and Renata – Minodora WATSON Treasurer: Mihai IVANICI. Editorial secretary general: Alexandru BARBU Chairman of the Auditors Committee: economist COSTICĂ TĂNASE Advertising and distribution: Liviu OPREA and Mihai IVANICI Accountancy: ILEANA-CAMELIA GRIGORE Phone: 021.210.33.44; 0721599552; E-mail: [email protected] Photo: Răzvan RIZEA, Emanuel APETREI and Mihai MÂRZA The journal was founded in March 1999 by the prof. VASILE LĂPĂDUŞI. 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; Certifi cate 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; fi scal code no. 14523220; new account: 2511.E01.0.564199.0080.ROL.6; IBAN code RO58RNCB0080005641990006 - B.C.R., “Doamnei” Branch, Bucharest; Certifi cate of Registration of the Brand at O.S.I.M. no. 78602 www.asociatiacriminalistilor.ro; [email protected] Editor: Romanian Forensic Association, I.S.S.N. 2069-2617 Dacia Avenue no. 55, district 1, phone 021 210.33.44 7 RON Typography: Marius Roşu CCUPRINSUPRINS SSOMMAIREOMMAIRE

Pag. Pag.

489. EDITORIAL 489. ÉDITORIAL RETROSPECTIVĂ... RÉTROSPECTIVE… VASILE LĂPĂDUŞI VASILE LĂPĂDUŞI

490. INVESTIGAREA CRIMINALISTICĂ ÎN MEDIU ACVATIC 490. L’INVESTIGATION CRIMINALISTIQUE DANS LE MILIEU AQUATIQUE MOTTO: „CERCETAREA LA FAŢA LOCULUI NU ESTE LIMITATĂ DE MOTTO : «LES INVESTIGATIONS AU LIEU DU CRIME TIMP ŞI SPAŢIU” NE SONT PAS LIMITÉES PAR LE TEMPS OU L’ESPACE» MUSLEDIN SINAN MUSLEDIN SINAN

496. CRITERIILE MEDICO-LEGALE DE CUANTIFICARE A GRAVITĂŢII 496. LES CRITÈRES MÉDICO-LÉGAUX DE QUANTIFICATION UNUI TRAUMATISM ASUPRA PERSOANEI PREVĂZUTE ÎN NOUL DE LA GRAVITÉ D’UN TRAUMATISME SUR UNE PERSONNE, COD PENAL PRÉVUS PAR LE NOUVEAU CODE PÉNAL VALENTIN IFTENIE VALENTIN IFTENIE

499. ASPECTE DE NATURĂ CRIMINOLOGICĂ REFERITOARE LA 499. ASPECTS DE NATURE CRIMINOLOGIQUE RELATIFS PERSONALITATEA INFRACTORILOR PEDOFILI À LA PERSONNALITÉ DES INFRACTEURS PÉDOPHILES IANCU ŞTEFAN IANCU ŞTEFAN

502. TEHNOLOGIA SUGURANŢEI RUTIERE - PARTEA A V-A 502. LA TECHNOLOGIE DE LA SÛRETÉ ROUTIÈRE – 5E PARTIE SIGURANŢA AVANSATĂ A VEHICULELOR AVS-3 LA SÛRETÉ AVANCÉE DES VÉHICULES AVS-3 MIRCEA FIERBINŢEANU MIRCEA FIERBINŢEANU

505. PUTEREA DE CONVINGERE A EXPERTIZELOR 505. LE POUVOIR DE CONVICTION DES EXPERTISES NICULAE SAVU, NICULAE SAVU, NICOLETA TRANDAFIR, NICOLETA TRANDAFIR, VIOREL BRATOSIN VIOREL BRATOSIN

508. EXAMINĂRI FIZICO-CHIMICE DISTRUCTIVE ŞI 508. EXAMENS PHYSICO-CHIMIQUES DESTRUCTIFS NEDISTRUCTIVE ET NON DESTRUCTIFS DES TRAJETS SCRIPTURAUX ALE TRASEELOR SCRIPTURALE DANIELA LAURA FERARU DANIELA LAURA FERARU ADRIANA MATEI ADRIANA MATEI 513. DES OPINIONS SUR L’ARTICLE 513. OPINII ÎN LEGĂTURĂ CU ARTICOLUL „UN CRIMINALIST « UN CRIMINALISTE ROUMAIN APPRÉCIÉ PAR LES PAYS DE L’OUEST ROMÂN APRECIAT POUR SON ACTIVITÉ SCIENTIFIQUE » PARU DANS LA REVUE DE OCCIDENT PENTRU ACTIVITATEA SA ŞTIINŢIFICĂ” APĂRUT ROUMAINE DE CRIMINALISTIQUE NO 4/2010 ÎN REVISTA ROMÂNĂ DE CRIMINALISTICĂ NR.4/2010 VASILE LĂPĂDUŞI VASILE LĂPĂDUŞI 516. LES GRAFFITI – UNE PROVOCATION POUR L’EXAMEN GRAPHIQUE 516. GRAFFITI – O PROVOCARE PENTRU EXAMINAREA GRAFICĂ NICULAE SAVU NICULAE SAVU NICOLETA TRANDAFIR NICOLETA TRANDAFIR ADRIAN MITROFAN ADRIAN MITROFAN 519. MALADIES DE LA PEAU À EFFET PERMANENT 519. BOLI ALE PIELII CU EFECT PERMANENT ASUPRA DESENULUI SUR LE DESSIN PAPILLAIRE PAPILAR VALENTIN VICTOR GHEORGHE VALENTIN VICTOR GHEORGHE 521. L’ANALYSE DE LA SUCCCESSION DES ÉCRITURES MANUSCRITES 521. APRECIEREA SUCCESIUNII ÎNSCRISURILOR DE MÂNĂ ÎNTR- DANS UN DOCUMENT UN DOCUMENT NICOLETA TRANDAFIR NICOLETA TRANDAFIR VIOREL BRATOSIN VIOREL BRATOSIN VALENTIN STANCIU VALENTIN STANCIU 525. CONSIDÉRATIONS GÉNÉRALES SUR LA MÉTHODOLOGIE 525. CONSIDERAŢII GENERALE CU PRIVIRE LA METODOLOGIA DE L’INVESTIGATION DES INFRACTIONS APPARTENANT CERCETĂRII INFRACŢIUNILOR DIN SFERA CRIMINALITĂŢII À LA SPHÈRE DE LA CRIMINALITÉ INFORMATIQUE INFORMATICE IONIŢĂ GHEORGHE-IULIAN IONIŢĂ GHEORGHE-IULIAN 530. L’INVESTIGATION CRIMINALISTIQUE DU TRAFIC DE PERSONNES 530. INVESTIGAREA CRIMINALISTICA A TRAFICULUI DE PERSOANE LA RÉINTÉGRATION DES VICTIMES DU TRAFIC DE PERSONNES REINTEGRAREA VICTIMELOR TRAFICULUI DE PERSOANE NISTORESCU CRISTIAN NISTORESCU CRISTIAN 531. LE TRAFIC DE DROGUES ET DE VÉHICULES 531. TRAFICUL DE DROGURI ŞI VEHICULE – O PROVOCARE – UNE PROVOCATION PERMANENTE DANS LA LUTTE PERMANENTA CONTRE LE CRIME ORGANISÉ ÎN LUPTA IMPOTRIVA CRIMEI ORGANIZATE GHEORGHE MIHAELA GHEORGHE MIHAELA CIOFU VIOLETA CIOFU VIOLETA

TO THE ATTENTION OF READERS AND OF COLLABORATORS! The printing approval was given by the editorial chief. The next issue of the journal will come out on December 2010. Those who are interested to purchase our publication could address the forensic services from the inspectorates The persons interested could address of county police and from the Bucharest Municipality Police. The materials also given the editorial staff for the translation in English to publication, accompanied by the necessary illustrations, will be sent to the editorial offi ce, also through the forensic services, to Forensic Science Institute of General language of each article. Inspectorate of Romanian Police.

488 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI EDITORIAL RETROSPECTIVE

Col. (r.) prof. VASILE LĂPĂDUŞI - Editor Abstract In this editorial, several aspects regarding the main activities of the Romanian Journal of Forensic Science and of the Romanian Forensic Association in are presented, including certain hardships it confronts with, during the current fi nancial crisis. Key words: Romanian Journal of Forensic Science; Romanian Forensic Association; the scientifi c activity; international manifestations; Master program, resignation. Rezumat În acest editorial sunt prezentate câteva aspecte privind principalele activităţi ale Revistei Române de Criminalistică şi ale Asociaţiei Criminaliştilor din România, inclusiv unele greutăţi cu care se confruntă pe timpul actualei crize fi nanciare. Cuvinte cheie: Revista Română de Criminalistică; Asociaţia Criminaliştilor din România; activitatea ştiinţifi că; manifestări internaţionale; masterat; demisie.

This year, the Romanian Journal of Forensic Science Association, in partnership with Forensic Science Institute has turned 13 years old since its fi rst publishing, being an within General Inspectorate of Romanian Police (G.I.R.P.), has informative journal, of documentation and opinions, bringing organized 13 international symposiums with a diversifi ed and an important contribution to the enactment of justice in our present thematic, participating in each over 500 persons from country. the country and from abroad (forensic experts, magistrates, prosecutors, university professors, forensic physicians, master As a consequence of improving its content and graphics, students). The communications from these manifestations the Romanian Journal of Forensic Science was evaluated and were concretized into 12 volumes, each typed in a 100 copies classifi ed by the National Board of Scientifi c Research in the impression series, and distributed free of charge to the libraries Higher Education (NBSRHE) at the „B” category. Our journal is of several institutions of the rightful state. distributed in 40 countries, positive appreciations existing from Each year, the Association has organized exhibitions with the forensics structures of those countries. Our journal will soon a series of technical means, which can be used in the forensic be included in an international data base, all its articles being investigation. At the same time, it intensifi ed its cooperation with translated into English. forensics structures and with universities from abroad. Throughout time, in the pages of the journal were also The participation of the Association to the Master Program presented articles containing opinions of several forensic experts in Forensic is an activity which fully proved its effi ciency. This or editors in relation to certain aspects from the forensic activity, Master Program was organized in partnership with the Romanian about the accomplishments of some forensic specialists or the University of Sciences and Arts “Gheorghe Cristea” and Forensic measures taken against them. Science Institute within G.I.R.P. By organizing this master Such an article is that published in the Magazine no.4/2010, program, the high level academic training of specialists was with the heading „A Romanian Forensic Expert appreciated by envisaged, with special stress on the scientifi c research activity. West for his Scientifi c Activity”, under the chief editor’s signature. Up to this moment 350 persons graduated the courses of this As there was a series of opinions regarding the content of this master program. article, we shall present these opinions in the Magazine no.5/2010 In the wake of the collaboration of the Association with the and we shall present it again with the required completions. „University of Huddersfi eld” from Great Britain, it was organized For the future, for all articles to be published in the journal, the forensic line documentation, with four series of students from their authors will assume full liability. that university. As already known, col. (r.) prof. Vasile Lăpăduşi, univ. prof. Considering that Romania is the only EU member state where Emilian Stancu - PhD, univ. prof. Lazăr Cărjan, PhD, univ. lect. the institution of the independent expert is lacking, the Romanian Dan Voinea - PhD, general (r.) magistrate Pantelimon Boştină, Forensic Association has initiated a “Draft legislation regarding univ. prof. Vasile Bercheşan - PhD, univ. lector Sorin Cărăuşu, the exercising of the profession of private forensic expert, the col.(r.) prof. Horaţiu Măndăşescu, univ. lector Marin Ruiu, PhD, setup, organization and operation of the College of Private and other forensics (a total of 50), on the 25th of October 2001 Forensic Experts in Romania”. Currently, this draft legislation is have constituted the Romanian Forensic Association, which with the Romanian Senate. later on, through the Government’s Decision no.1240/2005, These are only a few of the activities developed by the was recognized as being of public utility. The fundament for this Romanian Forensic Association, which were reminded as well decision was the fact that Romanian Forensic Association is a in the last session of the Board of Directors as of August 25th Romanian non-profi t legal entity, with apolitical, education and 2010. scientifi c character, having as purpose the promotion of opinions, Considering the fi nancial situation of the Association (growth methods, specifi c procedures, and as well technical-scientifi c of expenses), in order to maintain it in a good operation state, means among forensic specialists, magistrates, policemen, apart from other measures, it decided that all members recorded prosecutors, attorneys and other persons, so as to contribute to in the Association pay their contribution as soon as possible. the perfection of the act of justice, able to effi ciently prevent and Given that Mr. Quaestor univ. prof. Gheorghe Popa, PhD fi ght against crime. did not agree with some of the issued presented by the editor In order to fulfi l these objectives, again with the Government’s of the Romanian Journal of Forensic Science, in the article „A help, personally through the prime minister, fi ve years ago, the Romanian Forensic Expert appreciated by West for his Scientifi c Association received, without having to pay rent, taxes, a building Activity”, – published in no. 4/2010 – pag.484-485, he resigned offi ce located on the 55 Dacia Ave., district 1, Bucharest, namely from the position of chairman of Romanian Forensic Association an apartment, following to pay only the utilities expenses. The and from the position of chairman of the Scientifi c Board of the executive document, through the Governmental Decision no. Romanian Journal of Forensic Science. The Board of Directors 571/2010, commits us to a series of taxes which decrease the agreed with his resignation and appointed Mr. univ. prof. Lazăr incomes of the Association. Cârjan – PhD as interim chairman, one of the founding members In order to raise the prestige of the Romanian forensics school, of Romanian Forensic Association, until the new elections. as well as to accomplish the set objectives, Romanian Forensic FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 489 THE CRIMINAL INVESTIGATION IN THE AQUATIC ENVIRONMENT MOTTO: “THE RESEARCH AT THE CRIME SCENE IS NOT LIMITED BY TIME AND SPACE”

Chief commissary - MUSLEDIN SINAN - Chief of the Forensic Science Service of the Police Inspectorate of the Constanţa County Abstract The paper represents an attempt to approach a complex problematic, of special importance through the specifi city of the fi eld of forensic sciences and, I venture to say, very rarely treated on its whole. Having a great consideration for divers, men of great courage, on whose side my profession brought me at a given moment, I have considered that we as well, the criminalists, need to preoccupy in respect to the criminal investigation in the aquatic environment, especially that the knowledge in the fi eld of forensic sciences has no boundaries. Key words: crime scene investigation, aquatic environment, diver, criminalist. Rezumat Lucrarea constituie o încercare de a aborda o problematică complexă, de o importanţă aparte prin specifi cul domeniului criminalisticii şi, îndrăznesc să afi rm, foarte puţin tratată în ansamblul său. Având o admiraţie deosebită pentru scafandri, oameni de mare curaj, alături de care profesia m-a adus la un moment dat, am considerat că şi noi, criminaliştii, trebuie să ne preocupăm cu privire la investigarea criminalistică în mediu acvatic, cu atât mai mult cu cât cunoaşterea în domeniul criminalisticii nu are limite. Cuvinte cheie: cercetarea la faţa locului, mediu acvatic, scafandru, criminalist.

ARGUMENT are requested regarding the situation of the crime scene, to be discovered and to detect the traces of the crime, to The paper represents an attempt to approach a complex establish the position and the state of the material means issue, of special importance given the specifi city in the fi eld for evidence and the circumstances in which the crime was of forensic science and, I dare to say, very rarely treated on committed. its whole. Having a great consideration for divers, men of Regarding the notion of „crime scene”, this is the place great courage, on whose side my profession brought me at where the characteristic activity of the material element of a certain moment, I have considered that we the forensic the objective side of the crime was committed, as well as investigators, as well, need to preoccupy in respect to the the place where the objects representing the product of criminal investigation in the aquatic environment, especially the crime are, objects which served as means in order to that the knowledge in the fi eld of forensic science has no perpetrate the crime, or was destined for it or in which are boundaries. kept, in one way or another the traces of having committed Starting from the principle that guided me all the time, the crime. according to which, the “Research at the crime scene is not limited by time and space”, we need to acknowledge that we limit to performing the forensic investigation only “on TYPES OF ACTIVITIES IN WHICH THE FORENSIC land”, and regarding to the aquatic environment we only INVESTIGATION IN AQUATIC ENVIRONMENT IS A consider its surface, which in other meaning of the term “at MUST surface” being understood … SUPERFICIAL. Moreover, the necessity of forensic investigating in the 1. Investigation of Naval Accidents aquatic environment is imposed by the very defi nitions of the With this type of investigation at the crime scene, by the „investigation at the crime scene” existing in the specialty notion of crime scene is meant the area were the wreck doctrine, as following: was discovered, several of its integrating parts and the „The investigation at the crime scene implies the direct bodies, but also the upstream or downstream area, on the perception of the place where the crime was committed, of navigation route or in leeway. Depending on the situation, traces and other evidence means”. the investigation may extend also to the departure harbour and the landing or anchoring points previous to the MAIN ASPECTS REGARDING THE FORENSIC production of the event. INVESTIGATOR INVESTIGATION IN THE AQUATIC The causes which may have a determining role in ENVIRONMENT the production of such events are: the human factor, the violation of navigation procedures, environment factors, The Romanian law maker regulates the investigation etc., which need to be analyzed thoroughly in compliance at the crime scene within art. 129 from the Criminal with the Colregs code – the code for the investigation of Procedure Code, as being the activity developed by the maritime accidents and incidents, adopted on 27.11.1997, criminal prosecuting body or by the law court, when reports by the International Maritime Organisation (I.M.O.). 490 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI The specifi city of these types of investigations of the For the search of certain objects lying at depth, which, crime scene is that the stages of the investigation, as they because of the lack of visibility cannot be identifi ed, the are known in the specialty literature, have total or partial sonar will be used. This device will be able to scan a very applicability, depending on the nature of the investigated wide surface within a relatively short period of time, so that event, and it may suffer several changes. the bottom area of the sea, of the water course or lake will The specifi c training in order to see the investigation at be examined in detail, interpreting the images obtained. the crime scene may consist of: • determining the type of ship involved in the event; The results of the crime scene investigation will be • determining the fl ag (the state authority the ship completed by the minutes in which are stated the activities belongs to); developed, which the elaborated sketches are enclosed to, • obtaining a „crew list” (the offi cial list of the staff and the judiciary photos and the audio and video recordings as passenger on board). well. • determining the nature of the load, as well as the method to place it in the shipping room; • determining the weather and traffi c conditions at the moment when the accident occurred; At the same time with obtaining these information, measures to save victims will be taken, to limit the possible factors of environmental pollution, to alert locally or regionally the authorities which can intervene effi ciently in this case. A complex team of investigators will be constituted, composed of: - specialized offi cer from within the captaincy, - prosecuting offi cer, inspector of the labour safety, - expert forensic investigator, forensic physician (according to the case), supported by technical specialists, accredited for research (divers) etc.

The Investigation in Static Phase During this fi rst phase the traces and objects from the crime scene are examined, by paying attention to their exterior aspect and position, to the presence and placing of The image is a representation of the Danube water course, visible traces and the distance in between each other. obtained with the help of sonar. The identifying of the position of objects is accomplished through the measurement of distances between objects/ Competences traces and 2-3 fi x reference points (buoys, alignments, When the naval accident was produced in the hydrotechnical constructions or by the geographical international waters and had a consequence also for the coordinates), and in case these are immersed, the following coast authority, the harbour administration has a jurisdiction activities are necessary: degree (next to the fl ag authority) over the investigation of • the buoyage (the marking of object with the help of events. buoys), method which transposed at the surface of the When the naval accident was produced in the water the manner to display the marked objects; international waters, with no consequence for the coast • the taking of photographs and the judiciary aquatic authority, only the fl ag authority will have jurisdiction in video shooting; order to investigate it. • the performance of judiciary sketches of the manner of This situation is modifi ed when the naval accident took arrangement and orientation of the main objects. place in the international waters and between ships of The performance of the fi rst investigations at the crime different fl ag; each fl ag authority involved having in this case scene will be based, mainly, on the following operations: sole jurisdiction for its own ship. But in order to perform an • the taking of photographs and video recordings objective investigation, a covenant between the two states which will contain images, starting from the general ones to needs to exist, in order to decide upon a certain level of the traces photos and details over the board instruments, cooperation. the position of the driving devices in the pilot room, the When the naval accident was produced in the territorial position of the hydraulic tanks, the position of driving waters of a state whose local services (fi re-fi ghters, levers, the location of victims, etc. In certain cases it can ambulance, etc.) were involved, the jurisdiction for be necessary, apart from taking photos and aquatic video investigation purposes will belong to the authorities of the shooting, the very transfer of images directly to a display harbour’ state. located “on land”. From this display the activity of under water investigation will be properly conducted. The Naval Technical Expertise The naval technical expertise belongs to the broader The Investigation in the Dynamical Stage category of judiciary expertises which constitute an In this stage, special attention is paid to the discovery, evidence means through which experts are called to solve determination and collection of traces, according to its different issues related to the opportunity and quality of the prototype and nature. At the same time, it will be checked for manoeuvre performed, the observance of the markings of the manner of operation for the installations and mechanics any type (buoys, luminous, phonic signals, authorities’ or which could have led to the production of the accident (the pilot’s indications), the observance of the rules of practice propulsion installations, the anchoring mechanisms), as during navigation by night or by storm, the piling and well as of the navigation mechanisms (gyrocompass, radar, strapping of goods etc. radio direction fi nder, etc.). In the practice related to the research of navigation In parallel with the activity above, the members of the accidents the following types of naval technical expertise crews involved, the witnesses and victims are taken the fi st are frequently used: statements. FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 491 - the aquatic technical expertise of navigation • after the performance of the necropsy, it can be accidents; established that the victim presents torn muscles due to the - the technical expertise regarding the spoilage of violent fl ounder; engines; • depending on the period of time the cadaver - the technical expertise regarding the fi re starting; remained in the water. - the technical expertise regarding the mooring. In the case of the homicide dissimulated in 2. The Investigation of Cases of Suspect Deaths in drowning: Aquatic Environment

Drowning is a form of mechanical asphyxiation which is produced through the obstruction of the respiratory paths/ pulmonary alveoli with liquids which replace the tidal air, consecutively to the submersion. From the forensic point of view, we have to differentiate between submersion, term through which is understood the death of the body consecutive to the contact with the liquid environment, in other words a real mechanical asphyxiation, and the immersion, notion which means the throwing into water of the body whose death was produced from other causes (either a violent death, or a pathological death), by this being attempted the dissimulation of the causes of the decease. In the water, the cadaver may move by passing through the following stages: • falling into the bottom of the water course; thus, under the action of the gravitational force, the cadavers head to the bottom of the water course, head down. Due to the different disposition of the fat layer, usually the cadavers remain at the bottom of the water, as following: – the man cadaver = in ventral decubitus (face down); – the woman cadaver = in dorsal decubitus (face up); • lifting to the surface of water, due to the putrefaction, process called fl otation; • by movement through the water (over swimming). For us, the forensic investigators, it is very important to make the difference between an accidental drowning, suicide, the killing of a person followed by its dissimulation in drowning or the homicide by drowning.

Thus, in the case of suicides by drowning: • on the cadaver one may notice lesions in the head The photo illustrates a cadaver (discovered in the area of the zone (caused by having hit the rocks or other objects on the Naval Site Constanta), having the combination suit partially bottom of the water course); ragged (due to the infl ation of the body) and half-naked • the cadaver may present lesions attesting previous (due to the currents and waves). suicidal attempts (cuts in the forearms area, incomplete hanging marks); • the cadaver, generally, presents ante-mortem • the cadaver may be discovered also having the lesions which have direct connection to the cause of legs or even the hands tied up, sometimes having attached death; heavy objects (stones). This fact attests the suicidal persons’ • the possible lesions produced through the attempt to ensure the success of his/her action. precipitation of the cadaver in water do not show anymore, In the case of the accidental drowning: at microscopic examination, the signs specifi c to the vital • generally the cadaver does not show ante-mortem reaction; lesions, but the post-mortem lesions due to the contact with • after the performance of the histopathologic the bottom of the water course or with other hard objects; examination, the presence in the victim’s body of toxic substances may be discovered.

In the case of homicide by drowning the victim: • the victim may show strangulation lesions, lesions at the level of the superior limbs which, in the microscopic exam, they present signs specifi c to the vital reaction.

In the case of homicide followed by the throwing of the cadaver into the water: • the cadaver, generally, presents ante-mortem lesions which have direct relation to the cause of death; • the possible lesions produced through the throwing of the cadaver into the water do not present anymore, The photo illustrates a cadaver (discovered in the Danube – Black Sea Channel in the Agigea area), having tied to his body at microscopic examination, signs specifi c to the vital two stones of 20 and 10 kg each. reaction; 492 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI A B C

D E F

G H I

• after the performance of the histopathological examination, different toxic substances may be discovered J K L in the victim’s body. • The cadaver, usually, is wrapped with different materials (sheet, carpet, polyethylene etc.) and may be ballasted by attaching suffi ciently heavy objects (stones, metallic parts, sacs or pebble).

To be mentioned the fact that during the operation of removing the cadaver from the water, certain lesions may be provoked, without intention, which must be taken into consideration. That is why, the photo taking is vital (including aquatic) of the cadaver before starting the manoeuvres to The History of using Photographic and Video get it out to the surface. Devices in the Aquatic Environment

SPECIFIC EQUIPMENTS NECESSARY In 1893, Louis Boutan builds the fi rst aquatic photo TO THE PERFORMANCE camera with which takes also the fi rst photos at the marine OF FORENSIC INVESTIGATOR biology laboratory Arago from the locality Banyuls-sur INVESTIGATION IN THE AQUATIC Mer in France. Boutan invents also the fi rst aquatic light ENVIRONMENT source for taking photos, obtaining in 1899 the fi rst aquatic photos with artifi cial illumination photos. In the year 1900, - Waterproof Digital Photo Camera (A). Boutan writes the fi rst book on the aquatic photography “La - Protection cases for the Video Cameras (B). photografi e sous-marine”. - Aquatic projector (C) In 1913, J. E. Williamson makes the fi rst aquatic video - Neoprene diver suit (D) fi lms with the help of a device attached into a spherical - Profundimeter (E) camera. - Waterproof lantern (F) - Ballasts. Loads composed of sand, pebble, lead etc. FACTORS THAT MAY INFLUENCE THE FORENSIC which ensure the stability of the diver in the water (G) INVESTIGATION IN THE AQUATIC ENVIRONMENT - Signalling buoys (H) - Aquatic balloon, destined to picking up heavy objects Apart from the external factors of investigating the crime towards the water surface (I) scene at terrestrial level, in the aquatic environment the - Metal detector (J) following need to be taken into consideration: - Pneumatic boat (K) • The hydro and weather conditions of the place; - Decimetre belt with metallic ballasts (L) • The water pressure; - Centimetre graded rod– made of metal (aluminium) • Floatability; - Numbered plates. • Visibility, dynamics, density, thermo regime and the pollution degree of water. FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 493 At the same time, an important role in the investigation The activities of searching and later interpreting the of the aquatic environment is represented by the skills material means of evidence need to be performed taking and practical capabilities of the person who performs the into account the existing studies over the environmental diving. factors (water currents, the topography of the aquatic relief, As consequence to the diving activities in order to climatic elements, etc.). By knowing these environmental perform the forensic investigations, the human body may factors, the searches may be expanded on much broader suffer more or less grave lesions, but which surely infl uence areas because the objects to constitute material evidence negatively these activities. These may be classifi ed in four means may be discovered upstream (in case of running main groups: water), off shore and on shore (in case of seas or lakes). - physical-mechanical accidents (pulmonary over We have to make the remark that the movements pressure, barye-traumatisms and the divers’ cramps, due produced by the wind at the water surface (waves) trigger to the mechanical effects of the pressure); movements in the water column (ground swell), which - biophysical (compression) accidents, due to the determines the deepening of the objects with negative biophysical effects of pressure; fl oatability, their detection and discovery can be made by - biochemical accidents (Nitrogen narcosis, hyperoxic the use of metal detectors, sonars or by the aspiration of crisis, the intoxication with carbon dioxide and hypoxia) due sediments. to the biochemical effects of pressure; After having discovered the object, it needs to be fi xed - other accidents (hypothermia and drowning). having as reference system the investigated area, by using classical procedures and the special ones previously described, that is taking photos, video fi lming, buoying and The Taking of the Judiciary Photo in an Aquatic the elaboration of the sketch. Environment The lifting is made with the use of the known means In order to perform this photographic genre, completely (photos and physical lifting). Nevertheless, we have to know special in what concerns the properties of the environment that sometimes, the objects, once they are removed from of operation, two issues need to be solved: the aquatic environment, suffer an accelerated degradation to ensure the safety of the persons’ life and of the process (oxidation, dehydration), the approach of the integrity of the materials and equipments which are used in submarine archaeological techniques being necessary, order to take the photo; namely the lifting in trays with immersion environment and to adapt the photographic technique to the to apply preservation and/or restoration treatments. conditions imposed by the optical properties of the aquatic From the metallic objects which are subject to a rapid environment. degradation in the aquatic environment, are of special interest those made of ferrous allies with no anti-corrosion Phenomena to be avoided in case of the Aquatic protection, as well as the Aluminium based non-ferrous Photography allies. The lead, the copper, the gold, silver are not attacked by water. The main phenomena acting over the quality of the The wooden objects, apart from the physical-chemical photo (generally on the aquatic image) are dominated by degradation, suffer from a degradation provoked by the three particular factors of the aquatic environment and microbiological organisms as well. namely: refraction, diffusion, light absorption. These phenomena generate image distortions, 2. The examination of the existing forensic traces on chromatic aberrances, and tonalities of the photo. Thus, the objects collected from the aquatic environment. aquatic photo suffers from the following modifi cations as a) Fingerprints. In order to determine the manner of compared to the normal photography („through air”): degradation of the fi ngerprints in the immersion, I have • a) a visual fi eld reduced with 1/3 and a perceivable performed an experiment, thus, the fi ngerprints created decrease of the fi eld profundity; experimentally on a glass material, have been immersed • b) an apparent distance of 3/4 as compared to the in different types of water, originated from: the marine real distance; environment, fresh water environment, and the potable • c) an improper clarity; water supply network. • d) a rapid absorption of the light source; • e) special effects due to the existing suspensions As result of the experiment, the following were found: and the lack of certain colours from the photo composition; a) – the fi ngerprints introduced into the water have been • f) at the same time, due to the instability (fl oatability) degraded the most rapidly of all, thus, after 48 hours they of the person who is performing the photography, neither become practically unfi t for dactyloscopic exploitation; the photo camera may be moved (90% of the quality of b) – the fi ngerprints introduced in the water from the the photo depending on the skill and capabilities of the Tăbăcăriei Lake from the Constanta municipality, have person); been degraded more slowly, so that after 4 days, they • g) last but not least, we have to take into consideration showed still the necessary elements for the dactyloscopic the fact that the temperature in the aquatic environment is exploitation, even if that water source is eutrophysed (it much decreased as compared to the atmospheric one, thus contains a high concentration of organic substances and it may infl uence negatively, apart from the human body, also micro-organisms); the proper operation of the equipments used (the steaming c) – the fi ngerprints introduced in the potable water have of lenses, the rapid consumption of the batteries of the been degraded the slowest of all, so that after 10 days they photo, video cameras, of the light sources etc). presented an insignifi cant degradation, corroborated with a mineralization especially at the level of the lines, which THE INVESTIGATION FROM THE POINT OF produced a natural fi lm processing of the fi ngerprints. VIEW OF THE FORENSIC TRACES IN THE AQUATIC ENVIRONMENT For the processing of the latent fi ngerprints on wet surfaces, the „SPR” product may be used with 1. The discovery, fi xation, picking out of the forensic success. traces in the aquatic environment. 494 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI Fingerprint after 2 days of immersion in the Black Sea.

Fingerprint after 4 days of immersion in the water of the Tăbăcăriei Lake from Constanta municipality.

Fingerprint after 10 days of immersion in potable water. b) Blood traces – in the aquatic environment, they are compromised from the point of view of the possibility to Thus, if on an object perform a judiciary genotypization because of dilution and immersed certain shell species haemolysis phenomena (the destruction of the sanguine exist (Mytilus galloprovincialis cell elements under the infl uence of the physical-chemical and Mytilaster lineatus) one and microbial factors). can deduce that those objects c) Corpus delicti objects. In the case of metallic objects are under water for a period of which are discovered in an advanced state of corrosion, time at least equal with the age after preliminary examination, we need to proceed to: of the shells having the biggest • the verifi cation through radiography, in case of fi rearms, dimensions. And the age of a in order to determine if there are any ammunition elements shell may be determined by on the gun barrel; examining the number of striations and dimensions. • the removal of rust through mechanical and/or physical- chemical methods. CONCLUSION • the highlighting of the piercing inscriptions I consider that the presentations made in this article, may constitute a debut for several studies in the fi eld, but In order to make a preliminary appreciation of the fi rst of all it confi rms the fact that the „Criminal Investigation duration of immersion of an object, shell species (bivalves) in the Aquatic Environment” cannot be considered as an can be used as temporal markers. activity impossible to be performed.

FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 495 THE FORENSIC CRITERIA TO QUANTIFY THE GRAVITY OF A TRAUMATISM ON A PERSON, PROVIDED IN THE NEW CRIMINAL CODE

Univ. prof. VALENTIN IFTENIE, PHD

Abstract The article presents the medico-legal criteria for assessing the gravity of hetero-aggressive trauma against an individual, in terms of the new judiciary-criminal view provided in the new Criminal Code, against the current Criminal Code rules, emphasizing the importance of the new legislative stipulations that are to come into force in 2012. Key words: medico-legal criteria, hetero-aggressive trauma, new Criminal Code.

Rezumat Articolul prezintă criteriile medico-legale de evaluare a gravităţii unui traumatism heteroagresiv asupra persoanei din perspectiva orientării juridico-penale prevăzute în noul Cod penal comparativ cu prevederile Codului penal în vigoare evidenţiind importanţa noilor prevederi legislative ce ar urma să intre în vigoare în anul 2012. Cuvinte cheie: criterii medico-legale, traumatism heteroagresiv, noul Cod penal.

Published in the Offi cial Gazette, 1st part, no. 510 of medical cares”, actually the same criterion mentioned / 24.07.2010, after having been promulgated by the in the current Criminal Code as well. In this respect, we President of Romania through the Decree no. 1211 mention that art. 189 from the new Criminal procedure of 17.07.2009, the new Criminal Code incriminates code, called “The Person’s forensic examination”, in the Special part, Title I Criminal offences against establishes the legal frame of the forensic traumatologic the person, Chapter II Criminal offences against evaluations in the persons’ case. the corporal integrity or against health, to art. From the legislative stipulations mentioned we need 193 and 194 hetero-aggressive criminal offences to remember the fact that only the forensic physician is which lead to traumatic lesions or which have as a allowed to establish the gravity of the traumatic lesions consequence the deterioration of a person’s health. in the case of the hetero-aggressed persons, by using Thus according to art. 193, called ,,Physical abuse or certain specifi c criteria, provided in the Criminal code, of other violence”: which we shall refer to in continuation to the “number of - para. (1) “The physical abuse or any type of medical cares”. violence causing physical distress are punished This criteria is best underlined in the new Criminal with imprisonment ranging from 3 months to 2 years Code, in the sense that the text was worded in such a or by fi ne”; way as to make a clear difference between the “days - para. (2) ,,The deed by which traumatic lesions are of medical care”, a forensic criterion linked directly to being produced or a person’s health is being affected the post-traumatic evaluation, and the “days of medical is evaluated by counting the days of medical care care”, meaning the period of application of a therapy of at most 90 days, is punished with imprisonment (curatively – recovery) after the aggression, as it is ranging from 6 months to 5 years or by fi ne”. mentioned in the current Criminal Code, where at art. 180 is stated “...needing for healing medical care of at most If in the situation stipulated by para. (1) the criminal ...”. It is obvious the fact that in the new Criminal Code sanction may be instituted each time the hetero- by removing the confusion generated by the ambivalent aggression consisted of any type of violence against the interpretation of the collocation “days of medical care” person or by hitting the person, not objective through is oriented without a doubt the sense of its meaning traumatic lesions, para. (2) stipulates the fact that the towards the medico-judiciary aspect, namely towards the criminal sanction may be applied only if the victim shows juridicial-criminal approach focused on the gravity of the traumatic lesions or if his/her state of health was affected. traumatic lesions and not on a period of time in which From the text of para. (2) of art. 193 of the new Criminal the treatment necessary for the post-traumatic recovery Code it results that the appreciation of the gravity of the was applied. From this perspective we state that the traumatic lesions suffered by the victim is accomplished number of the “days of medical care” is established by by the use of the forensic criterion directly called “days the forensic physician depending on: 496 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI - the diagnosis criterion, and namely the type, the concerns the judiciary individualization of the punishment, localization, the size and the number of traumatic but especially the decrease of the situation in which it lesions; was attempted, through an increase or decrease of the - the therapeutic criterion – prognosis (recuperating) number of “days of medical care” initially granted, making which takes into consideration the period of time use of different justifying medical documents drawn up necessary to apply (drug, surgery, recovery) therapies subsequently, which would not be consider objective and for that traumatic lesion, regardless if the treatment is thence leave doubts, which was of such nature to raise applied in ambulatory or by admission to a sanitary unit; a question mark over the objectivity of the forensic act, a - the pathologic case history criterion, namely the juridicial framing as favourable as possible for one of the state of health before to the trauma the victim was subject parties involved. to, which constitutes the so called “background” of the Art. 194 of the new Criminal Code entitled “The Bodily patient (victim) determined by age, pre-existent diseases, Injury” which, actually, reunites the current articles 181 the nutrition state, peculiarities related to gender, etc.; (bodily injury) and 182 (the severe bodily injury) from One can notice that the days in which the therapy the Criminal Code in force, underlines as well the other is applied (“medical cares for healing” from the current forensic criteria: Criminal Code) are included in the forensic criterion, a) an invalidity; which is reported in the evaluation of the gravity of a b) traumatic lesions or the deterioration of a person’s traumatism over the person and to other elements, health which needed, for the healing, more than 90 days which have been mentioned, the same way an element of medical cares (n.n. – due to a material error when becomes a part of a whole. At the same time it is obvious publishing in the Offi cial Gazette the current text of art. that the new legislative elaboration excludes the possible 182 Criminal Code was included, and not the modifi ed confusion of the forensic criterion with the time necessary one, as it was done with art. 193, where we can notice for the anatomical healing, the hospitalization period or the difference as compared to the text of art. 193 from the the recovery period (functional healing) or with the time new Criminal Code!); of temporary labour incapacity (medical leave). In other c) a serious and permanent aesthetic prejudice; words, the forensic physician does not set the duration d) the abortion; necessary for the application of a treatment, but makes e) the endangering of a person’s life is punished by a complex interpretation over the gravity of the traumatic imprisonment from 2 to 7 years.” lesions produced to a person, in order to offer the justice The indirect forensic criteria stipulated in art. 194 of a pertinent objective-scientifi c criterion, necessary and the new Criminal Code are: useful in the juridicial-criminal framing. - the invalidity; The new orientation given to the new Criminal Code - a grievous and permanent aesthetic damage; to the mentioned criterion not only removes any kind of - abortion; intrusion into the forensic activity, but also underlines the - the endangering of a person’s life. statute of legal medicine as institution involved in the If: judiciary probation. • the post-traumatic abortion, namely the interruption Considering the aspect of the denomination of the of the normal course of the pregnancy as a consequence forensic criterion, although the new legislation has taken of a traumatism exercised against a pregnant woman, over the plural wording from the current Criminal Code, followed by the expulsion/extraction of the foetus and namely “days of medical cares”, we insist upon the use • the endangering of a person’s life, criterion which of the collocation in singular, as “days of medical care”, can be applied when the traumatic lesion generates because the use of this forensic criterion to quantify post- the real danger of producing a person’s decease, traumatically the gravity of a trauma on a person implies which nevertheless is not produced due to the medical to have a reference in time, necessary for the application intervention with interrupts the thanatogenerating of the proper medical treatment on its whole and not chain (in the absence of giving the right treatment, divided into different components (such as, for example, the evolution would have led, usually towards death), the performance of a bandage, the administration of have been taken over as such from art. 182 from the a drug, an operatory intervention etc.). Let us hope current Criminal Code and there is no reason to insist that through the law of application of the new criminal upon them, the other indirect forensic criteria suffering legislative regulations the plural form be replaced with nevertheless amendments which we shall try to explain the singular, namely that of “days of medical care”. in continuation. As referred to the numerical value of the mentioned criterion, we notice that the new Criminal Code renounces In what concerns the posttraumatic invalidity, we to the juridicial framing provided in the current Criminal notice the fact that the imprecise expression was given Code, namely: up, mentioned in art. 182 para. (2) from the current - under 20 of days as per art. 180, para. (2); Criminal Code and namely “a permanent physical or - between 21- 60 of days as per art. 181, para. (1); psychical invalidity” in favour of the more simple and - over 60 of days as per art. 182, para (1), adequate term, of invalidity. in favour of a single value of the number of the days of As stated by the professional literature, the infi rmity medical care and namely 90 days. Thus, if the “number implies a bodily injury with permanent character of days of medical care” established by the forensic (consequently impossible to remediate), which involves physician is under 90 days, the deed will be framed in the existence of after-effects of morphological, morpho- compliance with the provisions of art. 193 from the new functional or only functional type, which produces a Criminal Code, while a number exceeding 90 “days physical and/or psychical handicap through which that of medical care” will allow the framing of the deed in person is put in an inferiority state. compliance with the provisions of art. 194 from the new The physical handicap may be represented through: Criminal Code. This thing favours, in our opinion, both • the loss of an organ and/or the stopping or an increase of the active role of the magistrate in what signifi cant (and permanent) decrease of its functionality; FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 497 • the loss or signifi cant (and permanent) reduction time, the aesthetic prejudice has to be wide, to generate of a sense; a clearly unpleasant aspect in that person, which implies • the lack of a bodily segment, an important bodily its localization in an important anatomic region from the part as size; inter human emotional-affective receptivity and not in an • total (permanent) paralysis (plegia) or partial one area covered physiologically by hair (at the level of the (paresis); head, public area etc.) or which becomes visible only • the total (permanent) alteration (anaesthesia) or by adopting a certain position (axillary area, the inter- partial (hypoesthesia) of the local sensitivity. buttocks area etc.). The psychic handicap (regardless of the shape and Obviously that in establishing the grave and intensity of its manifestation, in order to be supported permanent aesthetic harm, requirements which need from the forensic point of view, needs to have an organic to be fulfi lled cumulatively, the forensic physician has background to be objective (e.g. the meningitis-cerebral to take into consideration the individual peculiarities scar). related to age, profession, the social environment of the At the same time, one needs to remark the fact individual, because the same posttraumatic aesthetic that the new criminal legislation renounces also to the consequence may have different repercussions over two independent pseudo criteria mentioned in art. 182 para. persons, depending on the mentioned elements. Thus, if (2) from the current Criminal Code and namely “the loss an unaesthetic scar localized at the face level may signify of a sense or organ” and the “cessation of its functioning” a social appreciation, or a greater authority that a convict which, actually, represent different modalities of enjoys in the penitentiary environment or of the gang manifestation of the state of invalidity and not at all self world, the same undeletable scar may constitute a real supportive criteria. social reprehension, reason for mockery for an ordinary Because the invalidity either exists or not, an person, from outside the penitentiary environment or element grounded on the permanence character of even a reason to terminate a work agreement, in the the post traumatic consequence, in the new legislative case of a TV presenter. approach it was removed the pleonastic collocation of The succinct presentation of the forensic criteria permanent invalidity, which would let to be understood to quantify the gravity of a trauma against a person, that the “temporary” invalidity also exists, nevertheless stipulated in the new Criminal Code was made not not punished from the criminal point of view, erroneous only to focus the attention over the new benchmarks interpretation, not only not conformable to the sense of of juridicial-criminal approach in the traumatology of a the invalidity notion, but also with negative repercussions person, which enter under the incidence of the criminal in the practical activity. law, but especially in order to highlight the fact that the I have also noticed the fact that neither in art. 194 new legislative provisions satisfy in equal measure also of the new Criminal Code the invalidity, which means the juridicial fi eld and the medical-legal as well. a functional, temporal or permanent defi cit, which may All this was possible due, mainly to the opening have repercussions over the labour capacity, is criminally towards dialogue in a safe constructive way, manifested punished, even if it is post-traumatic, unless it has a by the Ministry of Justice which, through its representative permanence character, in other words if it is not a part of who coordinated the activity of teams working in the the invalidity, approach that we consider fully justifi able. elaboration of the new criminal codes (Criminal Code and The last forensic criterion provided in the new Criminal Criminal Procedure Code) and namely Mr. Judge Mihai Code is denominated “a grievous and permanent Udroiu, has understood and encouraged the participation aesthetic prejudice”, which, in fact, replaces the term of of the Forensic Medicine representatives from within the “disfi gurement” mentioned by art. 182 para. (2) of the N.I.F.M. (The National Institute of Forensic Medicine) current Criminal Code. ,,Mina Minovici” Bucharest in the activity developed Actually, the two terms mean, both from the forensic within the working commissions. point of view as well as from the juridicial point of view, It is thus proven once again that only through a real that bodily harm which consists in a visible deformation and not decorative cooperation the adequate fi nality may – objective, with permanent character and morphologic be achieved, that not only the activity in inter-disciplinary substratum which, regardless of localization, alters the teams is of such nature as to ensure the obtaining of a native harmonious aesthetic aspect, of an anatomical result, if not perfect, at least optimal, to ensure, in our region, putting that person in inferiority conditions. case, an effi cient probation activity in the fi ght against By the new formulation the term “disfi gurement” crime. becomes also obsolete, construed as a form of facial harm over the person’s physiognomy or mimics. BIBLIOGRAPHY We notice the fact that the law maker has also 1. Criminal Code. established the requirements through which the 2. Criminal Procedure Code. posttraumatic disagreeable aesthetic repercussion 3. The new Criminal Code. enters under the incidence of the criminal law and 4. The new Criminal Procedure Code. 5. Beliş V., Naneş C-ta ,,The Mechanical Traumatology namely when it the aesthetic harm is grave and has in the Forensic and Juridical Activity”, Academiei Publishing permanence character, thus being not susceptible House RSR Bucharest, 1985. anymore to remediation. Any time the aesthetic harm will 6. Beliş V. ,,Forensic Practice Guide Book”, The Medical be removed, either by natural way (e.g. the hair growth Publishing House, Bucharest, 1990. after having been cut/pulled off/died), either artifi cially 7. Beliş V. ,,Forensic Treaty”, The Medical Publishing House, – prosthetics (in case of dental posttraumatic absent Bucharest, vol. I-II, 1995. teeth, regardless of the localization and number, which 8. Dragomirescu V.T. ,,Forensic Medicine Treaty – can be corrected morpho – functionally and aesthetically Odontodentistry”, “All” Publishing House, Bucharest, 1996. through fi xed prosthetics works) even if a temporary 9. Iftenie V., Boroi A. ,,The Hitting and Harming the Bodily aesthetic harm existed, because it was remedied, the Integrity or Health”, Juridical Publishing House, Bucharest, 2002. 10. Iftenie V., Dermengiu D., ,,Forensic Medicine”, C.H. forensic criterion becomes non operative. At the same Beck Publishing House, Bucharest, 2009. 498 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI CRIMINOLOGICAL ISSUES CONCERNING THE PAEDOPHILE OFFENDERS’ PERSONALITY

Univ. lect. IANCU ŞTEFAN, PhD

Abstract Paedophilia is the most blamed sexual perversion which presents a very serious social danger, being incriminated by the Romanian criminal law. It belongs to the category defi ned as abnormalities of sexual object choice, consisting of children with pre- pubertal age. Paedophile offender’s personality study, the knowledge of mental mechanisms in determining the perpetration of this kind of facts, the features and behaviour of paedophiles, are an exciting theme for researchers and represent a special importance for practitioners, particularly in achieving a good enforcement of justice. Key words: paedophile, paedophilia, sexual offender, sexual perversion, psychopath, neurotic, sexual deviance, infantile sexuality.

Rezumat Pedofi lia este perversiunea sexuală cea mai blamată ce prezintă un pericol social deosebit de grav, fi ind incriminată de legea penală română. Ea face parte din categoria celor defi nite ca anomalii ale alegerii obiectului sexualităţii care este constituit din copii de vârstă prepuberă. Studierea personalităţii infractorului pedofi l, cunoaşterea mecanismelor psihice determinante în comiterea acestui gen de fapte, a trăsăturilor şi modului de manifestare al pedofi lilor, constituie o temă incitantă pentru cercetători şi prezintă o importanţă deosebită pentru practicieni, îndeosebi în realizarea unei bune înfăptuiri a actului de justiţie. Cuvinte cheie: pedofi l, pedofi lie, infractor sexual, perversiune sexuală, psihopat, nevrotic, devianţă sexuală, sexualitate infantilă.

Preliminary considerations related to the general characterization, the crime offences related to Paedophilia offences the sexual life are committed by persons lacking moral sense and care towards the victim, by violent persons Broadly speaking, paedophilia is a form of sexual and lacking the power to control the sexual impulse. perversion, term originated in the Latin word “pervertere” This type of criminal is called by Seeling a criminal with and means to invert, to turn around, with a pejorative no sexual straints.3 Criminals belonging to this type are connotation. The sexual perversions are considered only the ones committing crime offences related to the disorders of the sexual behaviour, or a “deviant sexual sexual life. conduct”, as appraised by the French M. Godfried As social value, the sexual life is defended by the in “Vocabulaire psychologique et psychiatrique1”. criminal law in two of its aspects, to which two rights From the view point of psychopathology and sexual of the person correspond – the right to sexual freedom psychoanalysis, all unusual acts in relation to the sexual and the right to sexual inviolability4. The fi rst of these life are included in the sexual perversions, constituting consists of the person’s right to decide freely upon his/ aberrant manifestations of the sexual instinct, both her body in the sexual intercourses, liberty limited only towards persons of the same gender, as well as those with the lawful regulations, the social morals and the between persons of different sex. sexual morality5. The second is the person’s right to be Paedophilia is the most blamed perversion, which ensured the sexual inviolability of his/her body, against belongs to the category of those defi ned as abnormalities any deed committed with violence or perfi dy. of choosing the sexual object, which is represented by The limits of exercising the rights to liberty and children with prepubertal age. Regardless of the manner sexual inviolability are of two types: ones related to it is practiced and the means used, we call paedophilia certain persons (minor of age, close relatives), and any act or sexual intercourse in which an adult has as others related to the means of exercising the sexual sexual partner a minor of age with prepubertal age. act (through constraint, taking advantage of the victim’s The paedophilia deeds present an extremely grave state of expressing his/her will, for the purpose of social danger, being incriminated by the Romanian producing pornographic materials – if the victim is minor criminal law, it may be any of the crimes related to the of age or the constraint is used). sexual life stipulated and punished by the criminal code, As to the consequences the victims of the sexual having as victim a minor under 14 years old.2 abuse suffer, any offence perpetrated against the liberty of sexual life or sexual inviolability, always constitute The Sexual Offender. Concept, Characterization also an attempt against other person’s rights: the right and Classifi cation to honour and dignity, to bodily integrity and health, and sometimes even to the person’s right to life. The sexual offenders represent a special category Depending on the rights and limitations of exercising of criminals, rejected and unwanted by the others. In a the sexual need, several categories of sexual offenders FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 499 may appear, namely: personality (presently is preferred the use of disharmonic - the ones committing the crime through constraint personality) generates an antisocial behaviour, as a or taking advantage of the victim’s incapacity to defend consequence of preserving the knowledge functions. herself/himself or to express his/her will, is characterized The pervert psychopath is characterized by the lack by aggression due to the lack of affectivity, through of affectivity, the absence of the altruist feelings, and the lack of sexual strains, of self control and will; of responsibility, character disorders and antisocial the aggressive tendencies and of sexual desire are oriented behaviour, often without motivation, having no developed very poignantly and “dominate the entire fear, egocentric, pathological liars8. An important trait personality of the person, and the will and self control of the psychopathic personality consists of the social cannot be stopped anymore”. inadaptability and hence their diffi culty, incapacity to - the ones committing the crime against a close solve confl icts through sublimation, compensation or relative (the direct bloodline relatives or between regression. brothers and sisters); these individuals may develop The psychoanalytic approach of the causality of the psychic complexes which lead to abnormal states, even paedophiliac acts grants this type of delinquent also pathological which cannot control the sexual drives, a “neurotic” structure, due to the failure of settling the among the factors involved in the genesis of this type of oedipal complex within the family. This failure is due crimes, the ones relative to the family life conditions may either to an excess of maternal affectivity, either to a lack be remembered (promiscuity conditions, sleeping in the of maternal affectivity, either to a defi cit of the paternal same bed, lack of education, alcohol consumption, etc.) relation and the absence of an identifi cation with the which made them close to the sexual intercourse. father’s image which creates a trauma which reappears - the criminal offenders who commit crimes against in the teen age as an identity crisis, generating of the sexual life through procedures and means completely impulsive and aggressive acts oriented towards the abnormal and pathological; we may include in this people around.9 category the ones committing acts of sexual perversion The criminality of neurotic type is characterized presenting deviations from the sexual purpose as in through the confl ict between Superego (moral the case of sadists and masochists; the sadist is the consciousness) and the Self (the personalities’ drive individual who may satisfy his/her sexual impulse only pole, depository of the mainly instinctual sexual and by means of provoking the most diverse and cruel aggressive tendencies), being the consequence of the physical sufferings to his/her partner; sometimes the ineffi ciency of the control of libidinal and destructive sadist may consume the sexual intercourse by killing instincts, this determining possibilities of aetiological his partner; the masochist has a contrary manifestation development of the juvenile deviation. to the sadist, in the sense that the author of the deed A source of the deviation consists also from the is incapable of excitation in the absence of the physical precocity of sexual relations, which leads to a obliteration suffering provoked by the partners or in its instigation, of the sexual concept as norm and thus generating the another appliers to a third one tortures, injuries; perversion, which becomes more accentuated the larger - the criminal offenders committing sexual the obliteration is. As a matter of fact, the precocity of aggressions or have sexual intercourses with minors sexual relations generates a dissociation of sexual life of age (aged under 14 years old) are the ones known from affectivity, the origin of this dissociation lying also under the denomination of paedophiles; this category of in the inferiority complexes, of fear, of mistrust in the crime offenders present the main characteristics of the unjustifi able desires10. sexual crime offenders – violence, brutality due to the One of Sigmund Freud’s conclusions regarding the lack of affectivity, the lack of sexual strains), but also infantile sexuality is that is passed throughout a series other which make them particular, and which we shall of determined genetic stages, in which the libido is broadly present in continuation. developed through an evolutionary succession. These stages are: the oral stage, the sadistic-anal stage, the Paedophilia, a form of practising the sexual phallic stage, the latent stage and the genital stage. The perversion. Aetiology, typologies of paedophile last stage, the genital one, is represented by puberty, criminals period in which the mature heterosexual traits are also completed, and the sexuality becomes genital and The aetiological explanation of paedophilia implies oriented towards reproduction11 According to Freud, the stating of the social factors involved in the aberrant the perversion represents a compensation of the fact behaviour, of the individual’s personality structure, of that, in the sexual evolution, the genital stage has not his/her intellectual-affective capacities, of will, and the been reached, and the pervert and delinquent have manner they contribute to the accomplishment of the “remained” to the infantile stage their psychosexual deviant behaviour, in the determination of the individual evolution. to commit the crime. Other authors as well have performed researches From the psychological point of view, it is unanimously and have completed the psychoanalytic interpretations considered that the crime offences are generated by over the sexual deviance, among the conclusions we emotional and volitive disorders, being underlined present the following: especially the lack of the feeling of responsibility and - the confl ictive nucleus of persons with sexual culpability, the incapacity to give up the immediate deviations is generated in childhood and imposed satisfaction of some needs, in spite of the possibility of a sexual behaviour which does not intend only an being punished, the ineffi ciency of the emotional control, orgasmic relieve, but also the surveillance of the Self the ineffi ciency of judgement, of self-criticism, of using structures; the past experience7. - the pre-Oedipal stage, especially that comprised A frequently met typology used in committing between one year and a half and three years, is essential paedophile acts (form of practising sexual perversion), in the triggering of the psycho-sexual development is that of the psychopath delinquents. The psychopathic disorders; in this stage the pre-oedipal fi xation is 500 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI produced, which is primary; a regression to this stage confession of the paedophile C.G. aged 37, domiciled in may be produced under unfavourable conditions; Bucharest, subsequent offender, who during the period - a perversion constitutes the defence against the September 1996 – April 1997 violated six children (fi ve confl icts generated within the Oedipus complex and in boys and a girl). This paedophile declares serenely relation to the fear of castration; when being heard the following: “If I were released from - a main trait of perversion is that of granting a the police and I were on the street, I would do the same. libidinal character to fear, the guilt feeling, pain, as I am obsessed about it. I simply cannot stop. If I like a specifi c manner of defence; child, I have to make it my victim immediately. If I were - the source of original fear manifested in the sexual in the situation to have sexual relations with my own pervert originated from the pre-oedipal stage; as result of child, I might ... even not to make exceptions”. this defi cit of aging and development major dysfunctions Among the paedophile criminal offenders, of the I are produced, hence an improper evolution of especially the male adults, two clinical categories are the sexual identity. distinguished: - the compulsive (erotic) paedophilia, which can be Paedophile Offenders characteristic traits tender when the sexual attraction is directed towards the small boys (homoerotic paedophilia) or it can be The study of the paedophile offender unveils some aggressive when directed especially towards little girls; traits and manifestations which are specifi c to him/her. - the symptomatic paedophilia, specifi c to the Thus was noticed an emotional incapacity to enter into psychical sufferers (insane people, senile people, contact with persons of the same age, a low capacity of schizophrenic people, oligophrens), who usually are communicated with adults, with whom to have normal sexually abusing the minors of age through violence. sexual intercourses, which will determine the relating to The study of the paedophile criminal offender’s persons inferior from the point of view of the physical personality, the knowledge of the major psychic and psychical development. Hence the interest, his mechanisms to determine the committing of such attraction towards minors of age. crimes, of the traits and manner of manifestation of The interest of minors of age becomes stable, paedophiles, is exiting for researchers and has a major permanent. This stability is manifested due to the safety importance for practicians, especially in performing that the increased victim vulnerability of minors of age properly the act of justice. gives him, considering the specifi c psycho-behavioural and age peculiarities, lacking almost completely of defence and with a reduced capacity to anticipate and understand certain behavioural acts of their own or of Foot notes others, especially of adults. On this type of relation, 1. Michel Godfried, Vocabulaire psychologique et the paedophile may esteem himself, may dominate psychiatrique, P.U.F., Que Sais-je?, no. 2739 and depersonalize the victim, he can beat the victim, 2. The new Criminal Code, adopted through Law no. immobilize the victim, and persuade the victim13. 286/2009 published in the Offi cial Gazette no. 510/24.07 2009 In the psychoanalytical apprehension over the incriminates in the heading I (,,Crimes against the Person”), sexual deviation, it is considered that the behavioural chap. VIII- Crimes against liberty and sexual integrity- as fundaments of sexual perversions and implicitly of following: art. 218-the rape, art.219.- the sexual aggression, paedophilia as form of practicing the sexual perversion art. 220-the sexual intercourse with a minor of age, art. 221- are originated in the essential elements of infantile the sexual corruption of the minors of age, art. 222- the illegal sexuality. That is why the tendency towards paedophilia recruitment of the minors of age for sexual purposes. may be caused by the sexual abuse suffered in 3. E. Seelig, Criminology Treaty, P. U. F., Paris, 1956, p. childhood, the insuffi cient maturing when the sexuality 101 and the following ones. remains at genital level and the precocity of the sexual 4. Gh. Diaconescu, C. Duvac, Criminal Law Treaty, Special relations (as we previously showed). In the case of the Part, C.H.Beck Publishing House, Bucharest, 2009, p.185. sexual abuse suffered in childhood, the paedophile’s 5. C. Salteli, E. Romano, Di Falco, Commento teoretico- acts may be determined by the sadistic drive to infl ict practico del nuovo Codice penale, Torino, 1931, p.733. suffering upon other children as well or on the contrary, 6. G. Heuyer, Délinquence et troubles de caractere chez the masochistic drive to remember painful moments les adolescents (Revue de l education surveillee, 1946) which have an infl uence over his sexual life. 7. Z. Selosse, Traite de psychologic appliquee The paedophiles prove to be very tactful and patient (red.M.Reuchlin) vol. 9, PUF, Paris, 1972. in choosing the victims, so that they would not be 8. Gh. Scripcaru, M. Terbancea, Medico-Legal Pathology, perceived as hostiles by the victim children and the The Didactic and Pedagogical Publishing House, Bucharest, suspicion of the persons who have them in their care. 1978, p. 592,600. That is why, very often, the paedophiles get involved in 9. Tudorel Badea Butoi, Criminology, Criminal Behaviours, charity actions or make use of other skills they have of Solaris Print Publishing House, 2009, p. 42. such nature as to bring them in contact with the children, 10. Gh. Scripcaru, M. Terbancea, op. cit., p. 612. such as the profession of professor, keeper, baby-sitter 11. Sigmund Freud, Psychoanalysis and Sexuality, The etc. Scientifi c Publishing House, Bucharest, 1994, p. 23. In the prefessional literature14 it is appraised that with 12. H. W. Gillespie, The General Theory of Sexual the paedophile criminal offender, the therapeutic effect Perversions; Socarides, Charles W.(1989), The Homosexuality, is obtained by letting out his impulses, the repressed Psychoanalytical Therapy, Aronson Jason, Inc. ISBN 0-87668- drives, at the same time with the violent sodomization 814 - 8, published for the fi rst time in the year 1978 under the of the minor of age and the completion of the aberrant title The Homosexuality. relations from the sexuality fi eld. At the same time, the 13. T. B. Butoi, op. read., p. 366. paedophile is aware of the aberrant drive and feels he 14. T. B. Butoi, op. read., p. 367 and 369. cannot fi ght against it. It is eloquent in this respect the FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 501 ROAD SAFETY TECHNOLOGY – 5TH PART ADVANCED SAFETY OF VEHICLES AVS-3

Eng. MIRCEA FIERBINŢEANU – Judiciary Technical Expert - The Romanian Technical Experts‘ Body; E-mail: mircea_fi [email protected]; www.expert-auto.ro; www.experts.ro

Abstract The advanced safety project for motor vehicles, phase 3 (ASV-3), was elaborated by Honda, as a national project managed by the Ministry of Land, Infrastructure and Transport. The new system applied the latest sensor and vehicle dynamics control technologies for driving support systems developed during Phase 1 and 2. The systems use inter-vehicle communication (IVC) technology and a system to assist in emergency rescue activities after accidents occur. These systems were developed with the aim of expanding the range of accidents types that ASV systems are capable of handling. An experimental vehicle with these systems was built, and suggestions were made for the future technologies related to safety. Key words: safety, motor vehicle, prototype, ASV, collision.

Rezumat Proiectul de siguranţă avansată a autovehiculelor, faza a treia (ASV – 3) realizat de Honda a fost un proiect naţional al Japoniei condus de către Ministerul Teritoriului, Infrastructurii şi Transportului. El conţine ultimele tipuri de senzori şi tehnologii de control a energiei pentru un sistem de asistare la conducere ce a fost dezvoltat în primele două faze. Sistemele folosesc comunicarea între vehicule (IVC) şi un sistem de asistenţă în cadrul activităţilor de salvare în urma accidentelor. Acestea au fost dezvoltate cu scopul de a lărgi gama de accidente pe care sistemele ASV sunt capabile să le gestioneze. Un vehicul experimentat cu astfel de sisteme instalate pe el a fost construit şi au fost făcute sugestii pentru tehnologiile viitoare legate de siguranţă. Cuvinte cheie: siguranţă, autovehicul, prototip, ASV, coliziune.

1. Introduction 1.1. Purpose of the Investigation

After the fi rst two stages, the vehicle participated in the A statistics of the traffi c accidents in Japan shows that third stage of the project regarding the advanced safety in the year 2000 (before the program ASV-3) there were of the vehicle ASV-3 conducted by the Transportation over 930,000 accidents and over 1,160,000 accidents Bureau within the Ministry of Territory, Infrastructure with victims (with 9000 deceased). These continue to and Transportations (MLIT) [1]. The intended purpose be a major social issue. According to the percentage by Honda in the project ASV-3 was the development of accidents resulting in death and with grievous bodily of technologies capable of administrating the accidents injuries (image 1), the accidents in which the pedestrians caused by phenomena beyond the driver’s visual fi eld or are involved have the biggest share in the fatal accidents diffi cult to be noticed by the driver. (30.9 %). This fact prevents the increase of the number of sensors from the board of vehicles which provide external information and the dynamic control of the vehicle. Both systems were developed for ASV-1 and ASV-2. An additional application for the communication among vehicles (IVC) [2], was also studied. Moreover, the project contained the study of a technology helping in the operations of intervention in case of accident. This material offers the technical concepts provided by Honda through the program ASV-3. Image. 1 Mortality and Grave Bodily Injuries Rate

502 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI The collisions at crossroads have the biggest - The system of detection for pedestrians in IVC; percentage for the accidents with grave bodily injuries - The visual system to detect the pedestrians; (27.9 %). The causes of accidents which had as result - The assistance system when taking off in deaths and grave bodily injuries are presented in image 2. crossroads; The accidents caused by errors of recognition (failure to - The assistance system on the getting off in confi rm safety correctly and the forward inattentiveness) crossroads; represent 71 % of the total. The following most frequent - The assistance system for the avoidance of the causes are the misjudgements (20 %) and the handling collision with a frontal obstacle; errors (9 %). These systems inform the driver on the presence of vehicles and pedestrians which are beyond the driver’s visual fi eld, thus helping to avoid collisions. By using Image 2. the sensors on board, it offers assistance when driving, The Rate of having as purpose the avoidance of accidents. The the Cause of purpose of this system is to help with the reduction of Accidents recognition errors and of operation.

2.2. Systems for the “collisions mitigation”

Having the report on the traffi c accidents described The high technology started from the study of the below, the company Honda has developed the ASV-3 decrease of accidents due to braking at crossroads. This technology which will reduce the collisions with system helps in the decrease of the collision’s gravity by pedestrians and the ones produced in crossroads. Three using the sensors on board. technological approaches have been developed, from the perspective of decreasing these accidents and were 2.3. Systems for the « life saver» defi ned as the main principles which founded the concept of the Honda company, ASV-3. For these reasons were The technology was developed for an Advanced created and developed the systems from the board of Emergency System which will assist the life saving the Honda motor vehicle, type ASV-3. activities after the accidents are produced. (1) Collision Avoidance This is a technology to prevent and avoid the collision. 3. The presentation of the system technologies For example, it provides information on the presence of within the motor vehicle other motor vehicles or pedestrians for the reduction of errors of recognition and provides support to the driver helping him/her avoid the manoeuvring errors. (2) Collision Mitigation This is a technology to avoid the damage caused in an unavoidable accident. For example, an operational support is provided for misjudgement errors or operation errors. (3) Life Saver It is an assistance technology for the rescuing activities, for example through announcing automatically the gravity of the accident and the state of passengers.

2. The Construction of the System on board Image 4 The experimental motor vehicle type ASV-3 produced The three principles of the fundamental concept, the by the Honda company purposes and roles played by the different systems on board are described in image 3. The experimental motor vehicle Honda ASV-3 was used as a modality of movement before the

Image 3 The Honda Concept ASV-3

2.1. Systems for the « collision avoidance »

The systems described bellow, have been developed for the avoidance of the collision with the pedestrians and of the collision in crossroads. Image 5 The system confi guration on the Honda motor vehicle type ASV-3 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 503 project. In the next image we have a presentation of this motor vehicle.

3.1. The confi guration of the system on the motor vehicle

The confi guration of the system on board is shown in image 5.

3.2. The System for the « Collision avoidance » Image 7 The presentation of the experimental equipment of communication among vehicles 3.2.1. Systems for the detection of pedestrians The IVC experimental equipment for the detection of with the help of systems of communication between pedestrians was developed in order to fi nd out directly vehicles (IVC) data on the position and direction of the pedestrian’s movement. In image 7 is presented such equipment as The system coordinates the information received from well as the diagram of the circuit. the sensors on board with the information received from • The basic characteristics of the experimental equipment of communication among vehicles: The transmission frequency – 5.8 GHz The transmission power – 10 dBm The positioning system - GPS Size – 150 mmx110 mmx39 mm

3.2.2. The pedestrian detection system based on the image processing

A pedestrian detection system was developed in order to help in the image processing of pedestrian during the day time. It does not operate at the same time with the Image 6. The pedestrian detecting system with the help Honda system of vision during night time [3]. of the system of communication between vehicles and the visual direction (1) Functions of the system Images captured by the camera from the vehicle’s the other vehicles. The system helps in the detection of board are subject to a process of pedestrians’ recognition, pedestrians who are outside the driver’s visual fi eld. that are in front of the vehicle. (2) The fundamental technology in the system (1) Functions It is a pedestrian detecting technology by using the The system communicates with the terminal of the image processing. This technology is applicable to mobile equipment for pedestrians, being able to obtain the pedestrians within the driver’s visual fi eld. It detects information of positioning from the pedestrians who use pedestrians by matching certain patters of average body the equipment, even if they are obliterated by obstacles. fi gures in order to recognize and isolate his/her body This information is offered to the drivers by using a board fi gures. (image 8). display and a system of audio guidance. (Image 6).

(2) The System’s Basic Technologies • The pedestrian detection technology with the help of the communication systems among vehicles (IVC).

Image 8 Video detection of the pedestrian’s fi gure 504 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI STUDIU THE EXPERTISES’ PERSUASIVE POWER

Chief Commissary, Forensic expert NICULAE SAVU, Police Under-commissary, Forensic expert NICOLETA TRANDAFIR, Police Inspector, Forensic specialist VIOREL BRATOSIN Forensic Science Institute, General Inspectorate of Romanian Police Abstract The persuasive power of the expertise report, results from the rigorous compelling of opinions that have been presented in the report’s content. In the process of the handwriting examination, the scientifi c compelling fundament is assured with specifi c handwriting arguments, for their support being brought “extra-handwriting” arguments. These are appreciated by the examiner for each case based on his knowledge and professional experience. These are the requirements, which in some cases generate debates, a constructive and not at all an unnatural situation, being provided by art. 122 (2), in the Criminal Procedure Code. “When there are more experts, a single expertise report is elaborated. If there is a difference of opinions, the separate opinions are stipulated in the contents of the report or in an annex to it.” Of course, the judicial norm refers only to the case when the expertise report is made, in order to establish its content. We abide by law in every way, appreciating that in any examination there may be different opinions, which cannot be ignored, even if the examiners do not participate effectively in the elaboration of an expertise report or they elaborate different reports regarding the examination of the same writing samples. Key words: persuasive power, separate opinions, graphic arguments, extra-graphics arguments.

Rezumat Puterea de convingere a raportului de expertiză este, desigur, conferită de fundamentarea ştiinţifi că riguroasă a opiniilor afi rmate în cuprinsul acestuia. În examinarea scrisului de mână, fundamentarea opiniilor este asigurată în principal cu argumente grafi ce, în sprijinul cărora pot fi aduse argumente extra-grafi ce. Aprecierea acestor argumente este realizată de examinator pentru fi ecare caz în parte, pe baza cunoştinţelor şi a experienţei profesionale. Acestea sunt premisele, care în unele cazuri, generează divergenţă de opinii, situaţie constructivă şi deloc nefi rească, fi ind prevăzută în Codul de Procedură Penală la art. 122 alin.2 „Când sunt mai mulţi experţi se întocmeşte un singur raport de expertiză. Dacă sunt deosebiri de păreri, opiniile separate sunt consemnate în cuprinsul raportului sau într-o anexă.” Desigur, norma juridică se referă doar la situaţia întocmirii raportului de expertiză, în vederea stabilirii conţinutului acestuia. Nu ne abatem cu nimic de la litera legii dacă apreciem că în orice examinare pot exista opinii diferite, care nu pot fi ignorate, chiar dacă examinatorii nu participă în mod efectiv la întocmirea unui raport de expertiză sau întocmesc rapoarte diferite privind examinarea aceloraşi probe de scris. Cuvinte cheie: putere de convingere, opinii separate, argumente grafi ce, argumente extra- grafi ce. In preventing and fi ghting against antisocial acts, Extra-handwriting arguments are signifi cant in a special place is reserved to the identifi cation of advocating the examiner’s views. Although such extra- perpetrators, to the assessment of their degree of handwriting arguments do not address the characteristics guilt and to the enforcement of criminal sanctions as of handwriting as such, they do convey the language regulated by law. and own expression of the writer and therefore stand for valuable pieces in identifying the writer. One of the probational means stipulated by the criminal law (Section 64 of the Criminal Procedure Code) Like graphs individualizing one’s handwriting, extra- whose sheer importance in fi nding the truth is confi rmed handwriting elements have no preset individualization by the frequency of its use by criminal prosecution bodies value. There is neither a limited number of characteristics in the criminal proceedings, is the ‘technical and scientifi c to individualize one’s handwriting nor rules to weight fi ndings… and expertise’. the individualization value of such characteristics. The To be indicative in substantiating the case, the examiner assesses the examination results for each case expertise must be persuasive and most of all correlate separately to the best of his/her professional knowledge with the other evidence. and experience. These are reasons that sometimes lead The power of persuasion of an expertise report is to divergence in opinion between examiners which this is surely given by the compelling scientifi c argumentation quite normal and productive. This situation is stipulated of opinions stated in the report. by national legislation (Criminal Procedure Code, Section In handwriting expertise, persuasion is directly 122, par. 2): “when there is more than one expert, a single conditional upon the compelling substantiation of the Expertise Report is made. If there are different opinions, expertise reports contents in the sense of highlighting these will be inserted in the Report or attached as an general and particular features of examined handwriting annex to it”. So, the law only addresses the drafting of backed by persuasive argumentation that clearly underlie the expertise report for the sole purpose of defi ning its the opinions of the examiner. contents. To consider that different opinions may exist FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 505 during the same examination that cannot be disregarded, - as the sworn Hungarian translator explained, the although examiners do not actually involve in the drafting W is imported from German and only exists as such in of the expertise report or they draw separate reports on the Hungarian alphabet); upon analyzing the documents the same handwriting evidence is not an exception to from a previous investigation under the same cause a law. German ethnicity certifi cate has been found on the name Weiler Josefi n; The case given below is an example of contradictory opinions in which the interpretation, mainly of extra- handwriting elements, led to major opposition. The examination addressed the handwriting and signature given in a handwritten deed. The deed, entirely in Hungarian, was a testament whose translation in Romanian and linguistic interpretation have been provided by a sworn Hungarian to Romanian translator. The diverging opinions on the ‘truthfulness of the will, namely whether the will was written by the testator himself/herself or by a forger who reproduced the content of the will by transparency have relied upon handwriting considerations supported by extra-handwriting, linguistic and reasoning arguments on the characteristics of the handwriting recorded on the writing support used. As far as linguistic arguments were concerned, the Supposing that the content of the will has been copied ‘Translation from Hungarian – Will’ provided by the by transparency given the size and clarity of the graph sworn Hungarian to Romanian translator has been used format concerned (refl ecting an ornamental handwriting as guiding tool, along with the Romanian-Hungarian/ of the will holder), is the abovementioned mistake made Hungarian-Romanian dictionary. by the forger or of the fi rst copier by transparency? (was the initial author far from any basic knowledge of the The most indicative linguistic arguments conveyed Hungarian language?) are given below: We may assume for the sake of similarity that we have a non-Romanian speaking forger who copied a Romanian • Inaccurate writing of the author of the deed; deed by transparency and misleadingly transposed the heading „Wègrendelet” includes letter „W” which words like ‘house’ (Romanian: ‘casa’ misspelled for only appears in words imported into Hungarian from ‘qasa’) without actually understanding the content. Is other languages; according to the attached certifi ed there any Romanian speaker whose deeds may contain translation, the misspelling of the document heading is a such mistake and be copied? basic mistake. • Inaccurate spelling of the owner’s fi rst name; the fi rst name of the owner - „Jozeffi n” – is spelled with double „f” in the fi rst paragraph of the will which is not correct in translator’s view. The accurate spelling of this fi rst name is „Jozefi n” with a single ‘f’ However, is this proof of non-authenticity leading to the idea that the text has been copied by someone not knowing the fi rst name of the testator or a proof indicating that the text has truly been written by the testator, considering the following additional arguments? However, is this proof of non-authenticity leading to the idea that the text has been copied by a non- Hungarian speaker or a proof indicating that the text has been authentically written by the testator, a genuine Hungarian speaker, considering the following additional arguments?

- the fi rst paragraph of the ‘Will’ contains a word from the same family formed from the same root „vegrend” and correctly spelled with a simple „v”;

- a printed signature with the full name of the testator appears at the end of the ‘will’; this time, the fi rst name is correctly and readably spelled with a single „f”;

- the fi rst „f” in the testator’s name from the initial paragraph of the will, as well as the following letters „e” and „z” are gradually blurred and doubled due to the lack of ink and to the slit of the nib, which are clearly visible when linking the „z” to the „e” and the „e” to the „f”; the 506 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI handwriting fl ow is interrupted at the end of the fi rst „f” - thickness of lines is irregular; characters are either while the second „f” is highlighted in the sense that the too bold or too thin due to the excess quantity of ink; bolded curving indicates too much ink which is specifi c to - parts of the handwriting characterized by gradual fountain pens. It is utterly visible that the second ‘f’ was decrease of handwriting with the pen are repeatedly written after pen recharge. found in the text; lines are passing from bolded one with plenty of content to split lines which are blurred and very thin. The handwriting by slit pen explains the existence of so many corrections in the text. In some of them, signs of ink shortcoming and recharge of the pen are clearly visible. The handwriting process is continued from where it stopped or the previous letter is reshaped.

If we were to assume that the ‘will’ was forged, is the misspelling of the testator’s name credible since the correct spelling was known (as to the end of the text)?

• Inconsistent numbering of ‘will’ chapters. The fi rst two sections are numbered with Roman fi gures „I” and „II” while the subsequent two with Arabic fi gures „3” and „4”. Therefore, is this proof of non-authenticity due to the forger’s omission in numbering of sections or a proof indicating that the text has truly been written by a doubtful and hesitating testator?

• Other inconsistent aspects found by the sworn translator address misspelling (separate writing of words that should form one word), lack of accents, wrong separation of words in syllables, misspelled words.

Such mistakes may be explained by the similar format of letters and the excess ink quantity due to repeated Consequently, elements such the misspelled name of recharge of the pen, which may create confusion on the the testator since the correct format was known (as the meaning of the graph concerned (letters „k” and „h” or text indicates), the inconsistent numbering of chapters „k” and „R” are graphically similar; therefore, one may and the sundry corrections show that the will is the act of a easily mistake one for another). For instance, the mistake forger or of a doubtful testator not necessarily concerned pointed out by the translator – the word „kogy” (correctly about content accuracy and consistency. „hogy”) is accurately written throughout the text, except Is this abundance of corrections natural to a forger? for one instance. Should this be an omission of the author And is the reproduction by transparency of the will content or a result of the reproduction by transparency of a word likely on two plain papers, A4 size, with a pen without not clearly visible from another deed by a non-Hungarian fountainhead? One may believe that the deed could be speaking writer? written to such extent by transparent reproduction of words from deeds of different content (namely a collation of ‘two pages’)? Assuming that the examined deed is actually a draft or a similar attempt, although highly possible, go beyond the area of handwriting examination, hence the impossibility of formulating any opinion thereon.

The elimination of all clearing aspects in the case described (detailed overview of graphical arguments, of diverging opinions and total back-up of extra-handwriting arguments) is undoubtedly not possible within the limits of such accounts. Divergence of views in this case may be reduced through consolidation of one opinion by several experts examining the handwritten evidence and expression of one documented view in the matter. The consolidated În privinţa caracteristicilor imprimate scrierii de opinion should be of the majority in the absence of an instrumentul scriptural, au fost constatate aspecte organic view of all experts. specifi ce scrierii cu toc fără rezervor şi peniţă despicată. Astfel: Please do not hesitate to send your comments - double graphical lines are found due to the pen slit or proposals to the e-mail address below for further and writer’s pressing on the paper for lack of necessary argumentation of such suggestion: criminalistica@ ink; politiaromana.ro FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 507 DESTRUCTIVE AND NON-DESTRUCTIVE PHYSICAL-CHEMICAL EXAMINATIONS OF DOCUMENTS TRACKING

Physicist-Chemist DANIELA LAURA FERARU Chemical Engineer ADRIANA MATEI Forensic Science Institute, General Inspectorate of Romanian Police

Abstract In the judiciary process, it is of a great importance to establish the nature of the ink used to fi ll in a document or to make changes in an already written text, because it can bring a serious contribution in revealing the cases concerning documents authenticity. The ink drawings, ballpoint-pen ink or toner show only a part of the material characteristics initialy used, due to the changes happened in time, for which forensic identifi cation methods of these substances differ from a case to another. Comparative physico-chemical methods of analysis of written routes are divided into destructive and non-destructive ones. Key words: ink, ballpoint-pen ink, toner, forensic

Rezumat Stabilirea naturii materialului scriptural cu care s-a realizat documentul ori s-au efectuat adăugirile într-un text are o importanţă deosebită în procesul judiciar, deoarece poate contribui la elucidarea cazurilor privind stabilirea autenticităţii acestora. Traseele de cerneală, tuş, pastă de scris sau toner prezintă numai o parte din caracteristicile materialului folosit iniţial datorită modifi cărilor survenite în timp, fapt pentru care metodele de identifi care criminalistică a naturii acestora diferă de la caz la caz. Metodele de analiză fi zico-chimice comparative a traseelor scripturale sunt împărţite în metode nedistructive şi metode distructive. Cuvinte cheie: cerneală, pastă de scris, toner, criminalistic.

The determination of the nature of the scriptural The methods of comparative physico-chemical material with which the document was made or the analysis of the scriptural tracking are divided into additions performed in a text has a great importance the following: in the judiciary process, because it may contribute 1. Non-destructive methods, which allow a fi rst to the elucidation of the cases related to determining visualization of inks and toners exactly from the surface their authenticity. of the document/documents, without modifying the integrity of the document or the physical-chemical The routes of ink, ballpoint-pen ink or toner present properties of the examined scriptural material. Among only a part of the characteristics of the material used the non-destructive methods used for the examination initially due to the changes occurred throughout time, of documents we mention the microscopy of refl exion, reason why the methods of forensic identifi cation of their the spectrometry of molecular absorption in ultraviolet nature differ from case to case. and visible, the spectrometry of molecular absorption in In the analysis of the documents is necessary to infrared and the Raman spectrometry. differentiate the inks from the same documents or from 2. Destructive methods, which require both the different documents, as well as the identifi cation of the sampling of a small surface of the document on which source or data when a certain ink was applied. Usually, there is a fragment of scriptural tracking (the deterioration these types of determinations are performed with the help of the document wholeness) as well as its irreversible of analytical methods. There are many such methods, deterioration (the altering of the initial properties of and the examiner should know both the possibilities as the scriptural tracking). As for the destructive methods well as their limitations. used, we mention the chromatography in a thin layer, The combination of physical and chemical methods the chromatography with gases or liquids, the X rays of examination may lead to a possible underlying of the spectrometry or the electronic microscopy (SEM). common traits of the routes executed with ink, ballpoint ink Practically each examination of a document in or toner, such as, for example, the morphological aspect litigation begins with simple optical methods which allow and the component colours, on which their identifi cation the observation in the ultraviolet (UV), visible (natural or is based. artifi cial light) or infrared (IR) environment. These methods 508 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI analyse the colour and luminescence of the paper inks. the operational groups. These may allow, at the same time, to visualize the hidden Infrared Spectroscopy with a Fourier transformer (FT- writings, the erasures and discriminations between IR) is used in order to characterize the components from the writings performed with inks that seem to be of the the materials examined frequently during the analysis of same colour. The morphology of the scriptural tracking documents – ink, paper, copy toner, correcting liquids, made with paper ink is examined with the help of optical etc. microscopy which uses the visible light for illumination The IR Spectroscopy may be used in order to analyse and glass lenses for enhancement and focalization. This the document in combination with other techniques. may allow the classifi cation of the inks examined, the Thus, the resin from the ink composition may be analysed discrimination of the comparison inks or maybe, in the by pyrolysis, followed by the infrared analysis of the rare cases, the individualization of writing instruments generated volatile gases. In most of cases, the spectres through their characteristic performances. of the pyrolysis products are similar with the ones of the The scanning electronic microscopy (SEM) is used substances they came from. for the examination of a micro particle of ink deposited on The Raman Spectroscopy, is a technique of emission paper when by amplifying the image up to nanometres in which a laser is directed on the sample, is used for the it underlines the succession of scriptural material analysis of scriptural materials in a similar manner with deposits. the IR spectroscopy.

Spectroscopic techniques Chromatrographic Techniques The spectroscopic methods measure the absorption, Chromatography is a method used in order to the emission, the spreading of electromagnetic radiations separate, characterize and identify the components among the atoms or molecules of the compounds existing of a mixture (e.g. through mass spectrometers). Ever in the scriptural material. The spectres resulted – of since its introduction in 1903, chromatography became absorption, of emission, or of light diffusion, are functions a separation method, being now a widely known and of wave length and depend on the structure of the energy recognized technique. In the analysis of documents, level of atoms or molecules. These spectres are useful the chromatographic techniques are used in order to in order to identify and characterize the compounds characterize, compare and determine the source. (e.g. the infrared spectres). The spectrometry of X rays fl uorescence is frequently used for the determination of The chromatography on paper the elementary chemical composition of inks, ballpoint In the case of the chromatography on paper the inks or toners. The X rays spectrometry coupled with mixture to be analyzed is separated throughout the the scanning electronic microscopy (SEM-EDX) is an paper through a capillary action; the paper cellulose acts analytical method which is important for the detection of like an absorbent. This technique, similar to the paper organo-metallic compounds existent in the composition electrolysis, is used to differentiate the ink samples. of scriptural materials or for the morphologic examination of the surfaces written with high resolution and in depth, Thin Layer Chromatography (CSS) for the recognition of the mono-component toners which This is a form of liquid chromatography which is contain magnetic materials (magnetite, ferrite) which are used for the separation of the organic and non volatiles easily detectable through SEM-EDX. inorganic compounds. Among other analysis techniques, Other analysis methods which are also used in order the thin layer chromatography was the most used to determine the elementary composition of the scriptural both for the differentiation of inks as well as for the materials are the mass spectrometry with inductively identifi cation of their fabrication formulas. Inks are blends coupled plasma (ICP-MS) and the neutrons activation of several compounds, which move at different speed on analysis (NAA). the chromatographic plate depending on their partition The absorption spectroscopy in the ultraviolet and between the mobile liquid phase and the stationary visible fi eld is used especially in the analysis of organic phase. The majority of the separate compounds from materials and measures the wave length and the intensity inks are easily to detect on the chromatogram due to their of absorption of the ultraviolet light closely and visibly. colour. Some separate spots may be visualised in the UV The Refl exion Microspectrophotometry in UV-VIS is light or by treating the plate with a proper reactive. The applied for the measurement of the refl ection spectres of method is used both in the normal phase (the stationary paper inks. The method allows a differentiation between hydrophilic phase, e.g. silicagel) as well as in the the similarly coloured inks, to a considerable extend, more inverted phase (the hydrophobic stationary phase, e.g. closed to certitude than it could be accomplished through RP-18 – modifi ed silicagel). The post-chromatographic optical microscopy or of evaluation with the naked eye. derivative is used for the visualization of the colourless The microspectrofl uorimetry is used for the measurement chromatographic areas of the organic compounds of the of spectrometers of ink emission and of some additives scriptural materials. used in the fabrication of paper (fl uorescent fi bres, optical bleaching). High Performance Liquid Chromatography Infrared spectroscopy measures the wave length and (HPLC) the intensity of absorption of the infrared light. Because the The high performance liquid chromatography (HPLC) wave lengths of the IR absorption belts are characteristic is a chromatographic method in which the stationary for certain types of chemical links, the IR spectroscopy phase is in a separation column. The components of the may be used for the identifi cation of the substances from sample to be analysed are separated through the injection the composition of the scriptural materials. We have to of the sample onto the column. These components cross underline, nevertheless, that in the case in which the the column at different speeds because of the partition components of interest are analyzed without the isolation differences between the mobile liquid phase and the from the matrix, their chemical identifi cation is practically stationary phase. The separate substances from the impossible, usually, only through the characterization of column may be detected either by measuring the refraction FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 509 index, the absorption of the visible UV to a certain wave In this paper we shall present a part of the compared length, the fl uorescence after the excitation with a proper physical-chemical analyses of the scriptural tracking wave length, or the measurement of the electrochemical performed for the solving of certain cases regarding response. At the same time, the separate analytical documents handwritten. substances may be identifi ed also with a detector of A) Non-destructive Methods for Compared mass spectrometry type. Physical-Chemical Analyses of the Scriptural The high performance liquid chromatography (HPLC) Tracking was successfully applied in order to characterize and In the case of a document entirely handwritten, the differentiate the ball-point inks. This allows a differentiation scriptural tracking have been examined at a stereo- between inks based on the separation of colorants with microscope (size 2.5x6.3) in natural light being noticed similar chemical composition. This technique is used that there are constituted from blue colour deposits at the same time for the analysis of inks as well as of of materials at the surface of the paper, within these typographic inks (including the ones used in the coin tracking being visible the cellulose fi bres. These are forgery), computer toners. peculiarities of the “ball-point” writing (pen). The face and three quarters of the back of the document are fi lled in Chromatography in gaseous phase coupled with with blue colour scriptural material, and the last part with mass spectrometry (GC - MS) black colour scriptural material. The gas chromatography (GC) is the most used In order to individualize the trackings, the indentifi ed analysis technique in forensic laboratories. This areas have been subjected to the comparative analysis technique implies fi rst of all, the use of three components: of colour shades of the blue colour scriptural materials, an injector, a separation column and a detector. After trackings chosen at random from the both pages being the evaporation in the heated injector, the test sample analyzed through refl ection spectroscopy in the fi eld 340- is transferred into the column, by using a carrying gas. 1000 nm, by using a PC SPEC UV-VIS system with 0.2 The individual components of the sample blended with mm spot, integration time 500 msec., no. of mediations the carrying gas cross the column and are selectively 5, boxcar 10. From the study of the refl ection spectres retained by the stationary liquid phase of the column. obtained, we fi nd that the analyzed blue colour scriptural Finally, a detector is used in order to generate a signal in materials show different refl ection spectres both between the registration device. The gas chromatography resulted them (A,B) as well as refl ection spectres of the black presents chromatographic drops, each of these being colour scriptural material (C). characteristic to a certain substance. The determining of a blend from a complex scriptural materials may be obtained by the coupling of a mass micro spectrometer (selective mass detector) with a gas chromatograph with capillary column. The mass spectrometer differentiates the ionised molecules based on the mass/charge report (m/s). The molecules are subjected to different fragmentations which supply us usually with suffi cient information in order to identify the separate substances through gas chromatograph. Gas phase chromatography coupled with mass spectrometry (GC - MS) is used for the characterization and for the determination of the origin of inks, as well as for their comparison. At the same time, the method allows the identifi cation of volatile ingredients of the inks among which monomers, oligomers, reaction agents and at the same time, additives from resins, polymers as well as of the solvents from the composition of inks. Image no. 1 Gas chromatography coupled with pyrolysis The gas chromatography is capable to separate only the volatile organic substance. Consequently, it is not directly applicable in the analysis of certain non-volatile substances such as the resins from the composition of inks. Nevertheless, the pyrolysis of the non-volatile similar substances leads to their thermo decomposition into smaller compounds which are volatile enough as to be analysed through gas chromatography. Through the connection of a pyrolysis device to the entrance from the gas chromatograph the compounds produced through pyrolysis are separated and detected by the chromatographic system. The pyrogram resulted is a digital impression of the analyzed substance. The gas chromatograph with pyrolisor coupled to a mass spectrometer (PyGC / MS) is used for the characterization of the non-volatile organic substances from inks and toners. The technique provides a Image no. 2 differentiation among the inks/toners with very similar compositions. Images no. 1÷2- Examples of images with refl exion spectres of the analyzed scriptural materials 510 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI Image no. 6

Image no. 3

Image no.7

Image no. 4 Images no. 3÷4- Examples of images with refl exion spectres of the analyzed scriptural materials

For confi rmation, the spectral analysis was also performed with the help of the VSC 5000 system, in the fi eld 400-1000 nm. The similarities and differences in the spectral behaviour of the scriptural substances, given by their chemical composition, are underlined in the photos obtained with the VSC 5000 system, by using all fi lters of the equipment, through examinations under the range of the spot lights contained between 530 and 1000 nm, ultraviolet and infrared beams, as well as incidental light. The different spectral characteristics of the scriptural trackings confi rm the spectral analyses performed with Image no. 8 the PC SPEC system.

Image no. 9

Image no. 5 Images no. 5÷9 –Examples of images obtained with the VSC 5000 system FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 511 Image no. 10 – Image example of the scriptural trackings analyzed through the Raman spectrometry on a FORAM 685-2 equipment

For the evaluation of similarities or differences of The scriptural materials used when drawing up the chemical composition, the scriptural trackings which are document in litigation show different physical-chemical found both on the face and back of the document, they properties. were also analyzed through the Raman spectrometry, on a FORAM 685-2 equipment, in the spectral fi eld 400- Conclusion 2000 cm-1, acquisition with the mediation of 5 spectres, The forensic investigation methodology of the noticing similarities and differences in the spectral scriptural materials implies the performance of behaviour of the three types of scriptural substances. thorough and multilateral analyses of their physical and chemical properties; this with the application By corroborating the results of the examinations and of a complex of chemical and physical-chemical physical-chemical analyses, from the strict standpoint of methods. At the same time it is also very important the analysed scriptural trackings, three types of scriptural the thorough study of clues, which show the text materials were identifi ed, having different physical- writing procedure, the document preservation chemical properties (two having the blue colour shade conditions, etc. These clues play an important part and one having the black colour shade) used upon the in the comparative investigation of inks. handwriting inscription of the document. B) Destructive Method of Compared Physical- BIBLIOGRAPHY Chemical Analysis of the Scriptural Trackings 1. Aginsky VN (1996) Dating and characterizing writing, For the analysis of the scriptural materials used for the stamp pad and jet printer inks by gas chromatography/ mass handwriting inscription of a document, a fragment was spectrometry. International Journal of Forensic Document taken from each identifi ed areas of interest, fragments Examiners 2:103-115. which were subsequently subjected to extractions with 2. Brunelle RL and Reed RW (1984) Forensic Examination solvents. The extracts obtained were concentrated by of Ink and Paper. Springfi eld: Charles C Thomas. evaporation upon the room temperature and analyzed 3. Kirchner JG (1978) Thin Layer Chromatography, 2nd through chromatography in thin layer. Upon the edition. New York: Wiley Interscience. examination in natural light of chromato-plates is noticed 4. ASTM (1 992) Standard guide for test methods for forensic writing ink comparison. 1992 Annual Book of ASTM Standards, Section 13, ASTM Designation: E 1422-91 Philadelphia: ASTM. 5. Xu X, de Koeijer JA, de Moel JJM and Logtenberg H (1997) Ink analysis for forensic science application by micellar electrokinetic capillary chromatography with photodiode array detection. International Journal of Forensic Document Examiners 3:240-260. 6. Maehly A and Stromburg L (1981) Chemical Crimmalistics. New York: Springer-Verlag. Image. 11 – Example of image – examination 7. Merrill RA, Bartick EG and Mazzella WD (1996) Studies in natural light of the chromato-plate of techniques for analysis of photocopy toners by IR. Journal of Forensic Sciences 41:81-88. that from the extracts corresponding to the scriptural 8. Tebbett IR (1991) Chromatographic analysis of inks for materials compounds are being separated, which show forensic science applications. Forensic Science Rerieu 3:72- shades of colour and different Rf displacement factors. 82.

512 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI OPINIONS RELATED TO THE ARTICLE “ROMANIAN FORENSIC EXPERT APPRECIATED BY WEST FOR HIS SCIENTIFIC ACTIVITY”, PUBLISHED IN ROMANIAN JOURNAL OF FORENSIC SCIENCE NO. 4/2010

Col. (r.) prof. VASILE LĂPĂDUŞI, - Editor

As I also stated in the leading article presented Taking into consideration the legal connotations of the at the beginning of this issue, throughout time I have facts enumerated, please be so kind to motivate these tried several times to express my opinion in relation to accusations worded through the general secretary of the the activity and measures taken against some forensic association and eventually to state the measures you experts. The same way I did with the reputed forensic consider necessary to be taken in this situation. expert eng. Cătălin Grigoraş, PhD, who worked within the National Institute of Forensic Expertise in the Ministry With great consideration, of Justice. Manager, Cristian Dumitrescu ˝ I have appreciated the fact that he is a good colleague, and he has enrolled in the Romanian Forensic As result of this letter, univ. prof. Gheorghe Popa, Association for many years now, and was appointed as PhD, summoned for the fi rst time the Scientifi c Board of member in the Scientifi c Board of the Romanian Journal the Romanian Journal of Forensic Science, where the of Forensic Science. At the same time, I have received 11 members present out of 30 have stated their points of from the U.S.A. and Great Britain eulogistic appreciations view. At the same time, it was conducted a discussion with in relation to the scientifi c activity he develops. Mr. Cătălin Grigoraş, who mentioned that he maintained Before writing the mentioned article I had a discussion his affi rmations made in the article, affi rmations appeared with Mr. Grigoraş, who explained me why he decided to also in his last book “The Audio and Video Recordings” go abroad and accept the proposition of the University of with the C.H. Beck, Publishing House, Bucharest 2010. Colorado Denver from the U.S.A. in order to activate as Univ. prof. Gheorghe Popa PhD drawn up the following professor at this educational institution. answer towards the Institute of Forensic Expertises: After the article appeared, Romanian Forensic Association received a letter from the National Institute of ˝ ROMANIAN FORENSIC ASSOCIATION ” Forensic Expertises within the Ministry of Justice, which I Recognized by the Romanian Government present in continuation: as being of public utility, Through Decision no.1240/2005 No. 411 / 19 Aug. 2010 “THE NATIONAL INSTITUTE OF FORENSIC EXPERTISES” Attn.: No. 721 / 19.08.2010 The N ational Institute of Forensic Eexpertises Mr. Cristian Dumitrescu Attn.: Manager of the Institute The Romanian Forensic Association Police Quaestor Prof. Univ. Gheorghe Popa PhD Dear Mr. Manager, The Chairman of the Association In relation to your letter under no. 721 / 19.08.2010, referring to the article called „A Romanian Forensic Expert Dear Mr. Chairman, Appreciated by West for his Scientifi c Activity”, published In the article called „A Romanian Forensic Expert in issue no.4 / Aug. 2010 of the Romanian Journal of Appreciated by West for his Scientifi c Activity”, appeared Forensic Science, we communicate you the following: „on behalf of the Romanian Forensic Association” in As result of the analysis performed within the the issue no.4 / August 2010 of the „Romanian Journal extraordinary session of the Scientifi c Board from the of Forensic Science”, made by the association you 18.08.2010, is was established that the affi rmations made represent, appear defamatory affi rmations related to the regarding the Ministry of Justice and the National Institute executive managements of the Ministry of Justice and of Forensic Expertises do not belong to the signatory of the National Institute of Forensic Expertises, in the sense the article, prof. Lăpăduşi Vasile – the general secretary that they „ sabotaged”, „ forged”, „ plagiarized”. of the Romanian Forensic Association, but by Mr. Cătălin FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 513 Grigoraş PhD, his person representing the main topic of Within the sessions of the Scientifi c Board of the the article, but due to a wording error there affi rmations Romanian Journal of Forensic Science (from the 19th were not put under quotation marks. of August 2010) and of the Board of Directors of the We add that the published article was not reviewed by Romanian Forensic Association (from the 24th of August the Scientifi c Board. 2010), univ. prof. Gheorghe Popa PhD resigned from The Scientifi c Board regrets, apologise for what those positions. It was decided that these positions happened and decided that your letter, the Board’s be occupied until the elections by Mr. univ. prof. Lazăr answer, as well as the correction of this situation, be Cârjan PhD, prime vice-chairman of Romanian Forensic published in the next issue of the Romanian Forensic Association. Association. I personally regret the decision taken by univ. prof. Gheorghe Popa, PhD, but we do not have to feel Chairman of the Scientifi c Board discouraged, we need to go forward, to strengthen the of the Romanian Journal role of the association and of the magazine in doing of Forensic Science justice, in accomplishing the purposes suggested. and of Romanian Forensic Association Prof. univ. GHEORGHE POPA, PhD We mention in continuation the article with the amendments brought by the author.

A ROMANIAN FORENSIC EXPERT APPRECIATED BY WEST FOR HIS SCIENTIFIC ACTIVITY

Col. (r.) prof. VASILE LĂPĂDUŞI, - Editor

Abstract In this article several aspects are presented regarding the activities of a great Romanian forensic expert, PhD eng. Cătălin Grigoraş,who is apreciated in many countries, including in USA, for his contribution to audio forensic progress. Key words: forensic expert; judicial expertise; the analysis of frequency electrical network; judicial authentifi cation of audio-video recodings and legal analysis of voices; means of evidence in criminal trial. Rezumat În acest articol sunt prezentate câteva aspecte privind activităţile unui mare expert criminalist român, dr. ing. Cătălin Grigoraş, care este apreciat în mai multe ţări, inclusiv în S.U.A., pentru importantul progres în domeniul criminalisticii audio. Cuvinte cheie: expert criminalist; expertiză judiciară; analiza frecvenţei reţelei electrice; autentifi carea judiciară a înregistrărilor audio şi video şi analiza legal/judiciară a vocilor; mijloace de probă în procesul penal.

In the Western media appeared several materials international journals, has elaborated new methods of related to the fact that a Romanian forensic expert expertise for the multimedia digital samples, has trained discovered a new technique to analyze data, which experts from other countries in audio/video forensics could be proven as actually the most important and has coordinated the workshops of the European progress in the fi eld of audio forensics, after Academy of Forensic Sciences and Audio Engineering Watergate. We are talking about Mr. eng. Cătălin Society. At the same time, he is the author of certain Grigoraş, PhD, professor assistant of forensic media computer programs, which several judiciary expertise (audio, image, IT judiciary expertise) within the laboratories from abroad have been endowed with, for the University of Colorado Denver, USA,. In Romania he voice expertise (Catalina, Forensik), the analysis of the is a technical judiciary expert and a forensic expert audio recordings authenticity (Forensic Audio Analysis authorized in the expertise of voice and speech, the System) and the determination of authenticity in the case expertise of photographs and video recordings, the of photographs and video recordings (Forensic Image expertise of the technical calculation and of the Analysis System). In the period 2007-2009, he was the telecommunication means. chief of the Forensic Speech and Audio Analysis of the European Experts group and of the European Network Mr. Grigoraş initiated and coordinated the international of Forensic Science Institutes and elaborated manuals scientifi c projects, has published articles in professional of good practices at European level. He is the member 514 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI of some international professional As a member of Romanian organizations, of several boards of Forensic Association, Dr. Cătălin editors of international professional Grigoraş has participated in all journals and member in scientifi c boards activities organized, inclusively in the of universities from abroad. He was international symposiums, where he requested as audio/video independent presented communications of great expert of judiciary bodies from other theoretic and practical value, valued states and took part in international by the participants. In the pages of expert boards. During the period 2006- the Romanian Journal of Forensic 2008, he was the deputy manager of the Science, in his capacity of member National Institute of Forensic Expertises of the Scientifi c Board, through his within the Ministry of Justice, from articles and through his personal which he resigned as a protest directed contribution, has contributed to the towards the involvement of political growth of the journal’s content. power in the activity of the forensic Personally or in collaboration with expertises activity. other specialists, Dr. Cătălin Grigoraş The technique discovered by Mr. eng. Cătălin Grigoraş, elaborated several professional works. The most recent PhD – as shown in the American media – is called “the is the paper called “Audio and Audio-Video Recordings, analysis of the electric network frequency” (ENF) and the probation means in the criminal trial”, made together F.B.I. shows much interest in it, which considers it to be a with Mr. Adrian Petre, forensic expert within the Antifraud new stage in the digital forensic science, in the conditions National Direction. in which the electric lines represent silent witnesses to In the fi rst part, in the paper are presented aspects murder. related to the audio and audio-video recordings, probation The British demonstrated that the fi ndings of Mr. means in the criminal trial, and in the second part are eng. Cătălin Grigoraş, PhD are applicable also to the treated aspects related to the judiciary expertise of the electric power network from Great Britain, and developed audio recordings, of photographs and video recordings. algorithms in order to automate the analysis. Practically, The paper has a high scientifi c level and we recommend ENF has become possible after passing to the digital it to all forensic experts and magistrates. recording, because the magnetic tapes and the VHS In relation to the second part of the paper, Mr. eng. would not have allowed the keeping of suffi ciently exact Cătălin Grigoraş underlines the quality assurance trustworthy data. “It is correct to say that it is the most in a judiciary expertise of the audio recordings, of important progress in the fi eld ever since the Watergate photographs and video recordings. Among the six tapes analysis techniques were developed”, say the essential requirements in order for an expertise to be British experts. credible, and to have an optimal effect is also the expert’s Dr. Cătălin Grigoraş is the expert of the National scientifi c competence. Here is what the author says in Institute of Forensic Expertises which was assigned to page 86 from the book: “According to the international analyze the images from the electoral meeting from the scientifi c and practical realities, the following cannot Ploieşti Municipality, with the child hit by the president have credibility: Traian Basescu. The expert said ever since the apparition - the experts from the state institutes pretending of the video recording that he could make a complete to perform only expertises and the scientifi c research of expertise of the images, only if he got into the possession samples, without performing the fundamental scientifi c of the original recording and of the video camera it was investigation in the fi eld of expertise they develop their used. activity; To be mentioned, as stated by Mr. eng. Cătălin - experts having high education improper with Grigoraş, that: the types of expertises they perform (e.g. a chemist “- at the level of the executive who became an offi cial expert and management of the Ministry of Justice performs expertises of road accidents, and of the National Institute of Forensic former locomotive mechanic assistant Expertises was led a wide campaign to who became expert in graphics and the denigrate me and my professional results; document technique, etc.); - they sabotaged my management - the institutes coordinated by position at European level in which I had persons with valueless scientifi c CVs been elected by experts from other UE and who were promoted in executive member states; management positions based on - they forged and counterfeited the exclusively political criteria, contrary documents through which they tried my to the international practice and blackmail and denigration; recommendations, etc.” - they plagiarized me from the The value of the book is given also scientifi c works.” by the casuistic presented by Mr. eng. At the same time, as PhD eng. Grigoraş Cătălin Grigoraş, PhD. showed – “I refused to execute the forensic expertises with conclusions imposed at In the end of the article, on behalf of order and through different professional the editorial offi ce and mine personally, articles and materials directed inclusively to we wish Mr. eng. Cătălin Grigoraş the Romanian Parliament, I have defended complete successes in his scientifi c the necessity of reforming the forensic research activity and in that of expert expertises system from Romania and the elimination of and university professor as well. the state monopoly.” FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 515 GRAFFITI – A CHALLANGE FOR HANDWRITING EXAMINATION

Chief commissary, Forensic expert NICOLAE SAVU Under-commissary, Forensic expert NICOLETA TRANDAFIR Police chief inspector, Forensic expert ADRIAN MITROFAN Forensic Science Institute, General Inspectorate of the Romanian Police

Abstract Etymologically, Graffi ti means „ a marking or a scribbling on a wall”. As the word’s origin suggests, Graffi ti refers to the action of writing or scratching letters or symbols onto different surfaces. Its meaning has been enlarged towards inscription onto large supports, located in public spaces. Handwriting examination is interested in the study of these inscriptions in order to establish the writer. In practice, although this objective is hard to achieve this situation is not impossible, as it is the example below. Key words: graffi ti, scratching on a wall, public spaces, atypical supports.

Rezumat Etimologic, Graffi ti se referă la „inscripţii zgâriate pe ziduri”. Aşa cum sugerează originea cuvântului, graffi ti se referă la acţiunea de a scrie, de a scrijeli litere ori simboluri pe diferite suprafeţe. Sensul cuvântului a fost extins către orice inscripţie realizată pe suporturi ample, situate în spaţii publice. Graffi ti-ul interesează grafoscopia din punct de vedere al obiectului acesteia, şi anume al stabilirii autorului grafi c al inscripţiilor. În practică deşi acest obiectiv este difi cil de atins această situaţie nu este posibilă ca în exemplul de mai jos. Cuvinte cheie: graffi ti, scrijelituri pe pereţi, spaţii publice, suporturi atipice.

Graffi ti is a general term whose meaning has The society progress through the development of urban evolved in time, currently being heard so often space and the emergence of a multitude of tools and that it can be considered as a fashionable word. writing substances (sprays, paints, etc..) facilitated the Etymologically, the word “Graffi ti” means “scratched appearance of different messages on a variety of media, inscriptions on walls”. As the origin of the word resulting in a true “boom” of this phenomenon. suggests, “graffi ti” refers to the act of writing, of grazing letters or symbols on different surfaces.

Graffi ti has existed since Antiquity, from Ancient Greece and Roman Empire, during which the term particularly referred to the inscriptions, portraits, etc.. produced on the walls of ancient tombs or ruins, as in the Catacombs of Rome or Pompei. Distant history of the “Graffi ti” phenomenon has determined its extensive and Therefore, the meaning of the term has become continuous development, the incredibly rich, including written or painted messages meaning of the term extending on walls, fences, vehicles, etc., drawings or inscriptions properly. Thus, starting from made on clothes or body, messages posted on the Portrait of a politician cave inscriptions or scratched internet, etc.. of Pompei inscriptions grazed on the walls, graffi ti phenomenon The common point of these events is the public went through many stages of evolution, outlining specifi c audience, the intention to communicate the messages to styles of expression such as “Hip Hop”, “Street Art”, etc. others, and more often the hidden and illegal nature of 516 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI these inscriptions, mainly produced by unknown persons without the consent of the premises’ holders. - Symbols;

- Short message written in stylized graphic characters representing styles of writing, of an individual or group;

- Combinations thereof;

According to this point of view, today, the phenomenon - Short message, written is mostly blamed because of with graphic characters the deterioration of the support distinctive for normal medium and often because of writing; the message content (various vulgarities, insults, various slogans, etc.). Therefore the “authors’ identifi cation” has become an urgent objective to ensure public order in such a way Graphic examination is limited both by the graffi ti’s as to make them liable or even stop the phenomenon. composition, usually different from the specifi c handwriting elements and by the reduced amount of elements, by In this respect, graffi ti is of interest for graphic the infl uence of the writing position, the writing support examination, interfering with its object, namely the medium, the instrument and writing substance, on the examination of texts written by hand in order to determine graphic qualities of the graffi ti. the graphic author according to its own characteristics Moreover, a major impediment in the way of examining refl ected in its writing. Graphic examination in these these events is the diffi culty of procuring evidence for situations faces diffi culties due to many short term comparison, both in terms of identifying the suspects who factors which infl uence the graphic performance, deeply could produce them and in terms of obtaining relevant affecting the author’s features according to which he evidence for comparison in order to do it in similar could be identifi ed. conditions (graphics type, scripts support medium, tool Graffi ti compounds represent one of the most and writing substance). important parameters, which can determine an objective graphic examination of such a graphic performance. The impediments listed above restrict severely the According to their composition, graffi ti can represent: possibilities of graphic examination, which therefore becomes a challenge, resulting in the establishment of a graphic author community for several graffi ti. In order to assert such graphic communities their authors - Drawings; use individual elements, specifi c styling, or most often they add a “signature” to the graffi ti by which they can claim “the paternity of the work”. These signatures are valuable for both graffi ti authors, in the sense of being recognized in a group or in the area for creating the graffi ti, and for the graphic examiner, who has the possibility to make objective graphical examinations on the writing habits that are formed because of “practice”. - Signatures, usually Thereby, the “experience” in producing these graphic created to accompany performances leads to a personal ‘style’, with special such “works”; defi ning characteristics, which helps in being traced in the composition of several graffi ti and therefore determining that the creator is the same person. In terms of graphic examination most valuable graffi ties are those containing or mainly consisting common FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 517 graphic characters of normal handwriting. Although the media on which inscriptions have been performed, of presence of a suffi cient amount of graphical elements the writing tools and of the scripts substances that were with writing individualization value in the composition of used (samples with similar content were made on similar these inscriptions is a rare situation, it is not impossible in size support media, as pieces of wood, pieces of glass, practice, as shown in the graphic examination presented pieces of cardboard, with similar size, with the objects on below. which contested inscriptions were found; moreover, the The result of this examination was due to major samples were executed with various writing substances, literal composition of the graffi ties in dispute, and to as spray, paint, different colors). the collaboration with the prosecuting authority which facilitated the possibility of examining a signifi cant However, the evident distortion of the graphic amount of evidence contested and comparison evidence, characteristics of the written tests performed on such providing the prerequisites for conducting objective and support media, has signifi cantly diminished their value effective comparative examination. and therefore limited the possibility of assessing the The objective was to establish the community of author for the graphic inscriptions widely “spread” in the urban area, presenting different fascist, nazi, racist, anticommunist slogans. However, posting these messages on various public support media, has led to their physical deterioration and to aesthetic damage to urban space. We can call them “insults” of the public opinion in that city. Slogans such as “Nazi”, “ Aniţigani” (Against gypsies), “Blood & Honor”, “ Moarte Comunismului” (Death to Communism), nazi symbols such as swastikas, lightning bolts, arrows, etc., were widely spread on a sports classroom windows, on the city’s road signs, on monuments in the Cemetery of Heroes, including the cemetery church vesper bell towers, on the cemetery Comparison samples wall, etc.. writer’s graphic writing characteristics. The intention of distorting his writing during sample tests of writing executed on atypical supports is indicated by excessive inconsistent execution, evidenced both in the sense of an excessive plurality of construction variants of the same literally character, and of some unnatural issues, like the variability of the graphic motion; So, besides the graphical characters so naturally performed there are elements produced in the opposite direction (from right to left, bottom-up).

There still are some individual elements in producing the graphic characters Which can be identifi ed in Inscriptions the statements in the same format. These items are widely valuable because of the “escaping” from their writer spread in conscious control, in the attempt to deliberately change the urban his handwriting . space Paradoxically, the handwritten statements of the accused in question, which were taken without the precise purpose of being used for handwriting examination were those which permitted an objective comparative evaluation and led to the establishment of the community of graphic author of the examined evidence, in dispute and comparison. In this respect, the writing in the statements Since the location of the support medium that carried made on sheets of paper presents specifi c aspects of inscriptions in the city area was very diverse and the natural writing, characterized by average variability, size of some of them did not permit taking and sending realized spontaneously, which allows the detection of the physical support for examination, the inscriptions personal elements, which customizes the text. were made available through photos as the “Plan Photo General similarities, and especially those regarding with issues from the scientifi c and technical crime the specifi c way of building the graphic characters scene investigation carried out in the case regarding corresponding with the writing samples examined, are the inscriptions and the symbols with nazi references suffi cient graphic arguments to assess their execution as identifi ed in ... city “. However, for the objectivity of having the same author. the examination, the support media that could be taken have been made available in physical form, despite Such similarities were observed in analyzing the their considerable size (the bell board and Sports Hall inclination of the graphic characters, their shape and windows). proportionality, especially in the specifi c manner of Many writing samples for comparison were made construction of the corresponding literal characters, of available and also a signifi cant variety of the support which the most valuable are: 518 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI Writing in dispute Comparison model writing

- Lowercase “e” – the graphic design is unusual, REFERENCES combining elements of both models of specifi c design, calligraphy and printing of the letter, consisting of two 1. “Guide to Graffi ti-Research” - Bart Bosmans & Axel distinct features; Thiel, ISBN 90-802903-1-9 D/1995/7579/1, 1995; - Uppercase Capital “Ț” – The specifi c feature is the 2. “The Growth of Graffi ti”- Barrick, Mac E., published in punctiform cedilla, set close to the body of the letter; Folklore Forum, Vol 7, p. 273, 1974; The following uppercases are built alike „A”, „G”, 3. “Ceci Tuera Cela: Graffi ti as Crime and Art” - Stewart, „M”, „U”, O”, „D”, „Z”, „N”, „P”, „R”. Susan, published in Life After Postmodernism: Essays on Value and crops. John Fekete, editor, New York, New York: St.. Although the graphic examination shown had a Martin’s Press, 1987. positive result, the variety of circumstantial factors 4. “Le Livre du graffi ti”, Riout, D, Paris, 1985 affecting specifi c graphic elements in the composition of 5. http://www.prieteni.ro/tentatii/articole/articol_ graffi ti, in general, provides doubtful assertions of clear Fenomenul_graffi ti_in_Romania-0-288.html opinions about their graphic author. In this respect, 6. Image used for illustration even starting from such favorable premises as those of - http://www.romaniangraffi ti.ro the case presented above (literal composition, atypical - http://www.graffi ticrator.net graphic features, richness of comparison evidence, etc.) - A Writing from the case-book records of the Documents the examination of such graphics events, generically and Graphics Investigation Laboratory of the Forensic Institute called “Graffi ti” brings an extraordinary challenge to the of the General Inspectorate of the Romanian Police. examiner.

SKIN DISEASES WITH PERMANENT EFFECT ON PAPILLARY FRICTION RIDGE SKIN

Forensic specialist VALENTIN VICTOR GHEORGHE Forensic Science Institute, General Inspectorate of the Romanian Police

Abstract It is well known the importance of dactyloscopy in establishing a person’s identity, but papillary friction ridge skin, even in normal cases, it does not suffer changes that may affect the identifi cation process throughout a person’s life, there are accidents or illnesses that may complicate or make impossible this process, so in this paperwork, we tried to identify certain skin diseases that can affect permanent papillary friction ridge skin in the identifi cation process. Key words: dactyloscopy, skin diseases, identifi cation process.

FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 519 Rezumat Este binecunoscută importanţa dactiloscopiei în stabilirea identităţii unei persoane, dar desenul papilar, chiar dacă în mod normal nu suferă modifi cări ce pot afecta procesul de identifi care pe tot parcursul vieţii unei persoane, există anumite accidente sau boli care pot îngreuna sau chiar face imposibil acest proces, de aceea în cadrul acestei lucrări s-a încercat identifi carea anumitor boli ale pielii care pot afecta cu caracter permanent desenul papilar şi în consecinţă procesul dactiloscopic de identifi care. Cuvinte cheie: dactiloscopie, boli ale pielii, process de identifi care.

These diseases affect people skin for good, resulting in fi ngerprints changes due to swelling and or disappearance of friction ridges. Note that these diseases are very rare, in the world few people are affected.

A. Leprosy An UK family tree affected Leprosy is a chronic infectious disease, whose clinical by Naegeli syndrome that cutaneous, nervous and visceral effects are a result of shows the genetic nature of the reticulo-endothelial system damage. Mycobacterium a. b. and c = a person’s this disease. leprae (Hansen’s bacillus) is the etiologic agent. Clinically, symptoms detected with leprosy has two stable polar forms: Naegeli syndrome. - tuberculoid d = comparison between a Note: circles and black - lepromatous fi ngereprint of a healthy person squares show the Very often, the symptoms of both forms of leprosy with one of a person affected family members that associate and succeed. The disease is preceded by a by Naegeli syndrome. are affected by this state of lethargy that can last from several months to syndrome. years. Then circular red spots appear, varying in size and shape, on different parts of the body. After a while, these spots become white in center and the affected parts numb. a. Images of the fi ngers In serious cases, leprosy leads to body mutilation: of a person with Naegeli hair, eyebrows, nails, fi nger phalanges, teeth, gums, syndrome alongside those of joints and sometimes the nose, eyes, tongue or palate a person who doesn’t have can be lost. Leprosy attacks the lips, forehead, scalp, Naegeli syndrome. chin.

B. Naegeli-Franceschetti- b. Fingerprints of the two Jadassohn syndrome and persons. Dermatopathia pigmentosa reticularis

Both diseases are almost similar and show pathological and genetic nature. They are rare diseases that affect the skin peeling C. Scleroderma Hands of the persons (replacing dead cells with new affected by leprosy ones) and the sweat glands, Scleroderma is a rare chronic disease that generally nails, teeth and skin with an affects people between 20 and 40 years, with a rate of 30 incidence of 1 in 2 million inhabitants. per 100,000 individuals, and the rate of men and women is 4 to 1. Naegeli syndrome was fi rst described in a Scleroderma is known in particular for Swiss family by Naegely in 1927, with more facial skin changes, which becomes rigid, descriptions by Franceschetti and Jadassohn perfectly motionless and stretched, but in 1954. unnatural. Mimicry disappears, wrinkles are erased, eyes are bulging, sharp nose, Heat intolerance is the main symptom. It close mouth and thin lips uncover dental is caused by lack or downwards of sweat, arch. Changes are so suggestive, that leading to a collapse after mild exercise. scleroderma diagnosis becomes clear. NFJ syndrome is characterized by the lack of papillary ridges and by a brown Raynaud’s syndrome is almost always pigmentation of the neck, chest and abdomen the fi rst sign: on cold weather, the blood that begins in early childhood and decreases Microscope image: the vessels that supply the fi ngers suddenly over time, so at the age of 60-80 years it epidermal levels of the shrinks, fi ngers turn white as marble, then disappears. In addition there are pimples on skin of a person with purple, before returning to their normal the skin that may be present around the eyes Naegeli syndrome. color. Then they evolve to two different or lips. forms: limited or diffused form. 520 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 1). Limited form: Raynaud’s syndrome is associated 2). Diffused form: with one or more other anomalies: sclerodactilia (fi nger scleroderma) - skin becomes smooth, rigid, Scleroderma begins with an infl ammatory process, impossible to pinch, fi ngers take smooth shape and followed by a mercy phase of the skin tissue of the become rigid gradually. This is the most obvious limbs, trunk and face. The fi brosis of the tissue affects pathological process of scleroderma. Once rigidity the esophagus, intestines, lungs, heart and kidneys. is established, it is impossible to combat, currently Pathological alterations of the cardiovascular system there are no therapeutic means to remove the excess entails the risk of hypertension and vascular stroke, of collagen from the tissue without damaging the which can lead to the patient’s death. tissue’s structure. In conclusion, people suffering from diseases of this nature have the ability to move the hands and to Not all people develop these symptoms, but touch, also the ability to use the hands at the crime particularly those hands that are rigid and take the form scene very seriously affected. However if it happens that of claws gave the popular name for scleroderma as being people suffering from such disorders to be present at the “disease that turns people into rocks”. the commission of a crime, papillary traces left there by them, will be highly unsuitable to fi ngerprint comparisons Also the disease can lead because of the lack of friction ridges, excessive swelling to the blocking of the blood of the skin palmar or planting areas, or its necrotic. circulation to the extremities. When this happens, necrosis (tissue death) and gangrene REFERENCES can be installed, leading 1. Practical treaty of forensic, MAI Publishing, 1976, sometimes to the amputation 1978, 1980 of the affected extremities. 2. Constantin R.I.M. Rãdulescu “Dactiloscopy” It occurs more frequently Publishing Department of MAI 1975 The hands of a scleroderma to people who smoke or are 3. Forensic Institute - Romanian Police crime scene diagnosed person after the enthusiasts coffee drinkers, investigation installation of the second because these defects have 4. Pãşescu Gheorghe “Fingerprints secrets “, National phase, namely rigidity the necrosis effect of blood Publishing House, 1996 vessels.

ESTABLISHING THE SUCCESSION OF HANDWRITING ADDITIONAL NOTES IN A DOCUMENT

Under-commissary, Forensic expert, Nicoleta TRANDAFIR Police Inspector, Forensic specialist, Viorel BRATOSIN Police Inspector, Forensic specialist, Valentin STANCIU Forensics Institute, General Police Inspectorate of the Romanian Police

Abstract Adding a note in a document is an easy process to forge it and this kind of activity is often used. The establishing of the sequence of handwriting additional notes in a document is not always possible, especially in the examination of ancient documents. This target can be achieved by analyzing the ink, the cross route left by writing tackles, the handwriting features, and is really useful for certain cases, as the example presented in this article proves. Key words: additional notes, forgery, ancient documents, writing tackles.

Rezumat Adăugarea de text este un procedeu facil de falsifi care a documentelor deseori întâlnit în practică. Stabilirea succesiunii înscrierilor într-un document nu este întotdeauna posibilă, în special în cazul examinării documentelor vechi. Prin cercetarea substanţei scripturale, a modului de intersectare a traseelor grafi ce, a caracteristicilor grafi ce ale înscrierilor de mână, acest obiectiv poate fi realizat şi este de un real folos în lămurirea unor situaţii concrete, aşa cum o dovedeşte exemplul prezentat în acest articol. Cuvinte cheie: cuvinte adăugate, falsifi care, documente vechi, instrument scriptural.

FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 521 The importance of written documents is The effect involves a paramount in all fi elds of activity, because they different refl ection of light establish agreements, certify facts, events, whose on the material surface by consequences are usually of great signifi cance for frequency changes caused the parties involved, as well as for third parties, by atomic vibrations in who perceive differently the consequences arising the molecules. Basically, from these acts. For this reason, it is imperative Raman spectroscopy “that any required act be truthful, furthermore be in involves the irradiation of accordance with reality and not altered in its form or a sample of material with FORAM system content by deceptive manoeuvres”. an intense beam of light, - Raman spectroscopy monochromatic (usually a enables the comparison of A frequently encountered process of altering a laser); the refl ected light is inks, paints and fi bers. It is document is the insert of words, able to alter the original then collected and spectral based on Raman diffusion meaning or content of the text, with obvious intent to analyzed to determine process, which bears produce other consequences or to modify those naturally Raman spectrum. the name of the Indian arising from the act. The forms of added words are also scientist’s CV Raman. various, ranging from the insert of a simple feature, a punctuation mark, being able to correct or improve the content of the act notwithstanding its actual meaning, to the insert of fi gures, words, sentences or text fragments, which cause changes to the content of the act and therefore leading to different consequences from those the act was drafted for. Altering documents, by the consequences produced, often falls under criminal law and becomes subject to the investigation for fi nding out the truth and restoring the natural order, enforced and agreed on by the completing of the act. The examination that we bring to your attention Forensic examination has the task of ascertaining the through this presentation, without being spectacular, accuracy of written documents and hence of alterations in terms of means and methods of examination, it is occurred in their content. important through the conclusive interpretation and the The criteria for establishing the additions regarding signifi cance of the results obtained. documents altered by text addition are primarily graphic The objective of the examination was examining an old and physico-chemical. The use of these criteria, separately document, dated “06/03/1940”, to determine whether the or most often together, allows valuable feedback on the text inserted in the form was fi lled naturally, successively, initial content and the inserts occurred to the document. at the date the act was drafted or present later inserts. A form entitled “Minutes” was provided for the The very word “insert” suggests a certain sequence examination process. It had the header and the text of entries in the document, additions which can be made printed in black substance, on the obverse and reverse only later than the initial content of the document. of an A4 paper sheet. The inserts are written by hand and are subject to Although this objective is often diffi cult to reach, the examination in terms of determining the sequence of performance permitted by the development of the means their completion in the form. of examination, combined with the experience and the skills of the examiner in the interpretation and objective appraisal of the fi ndings, lead to great results, very useful in clarifying specifi c situations. Among the most useful aid technical means, also modern and highly effi cient in such examinations, we mention VSC 5000 and FORAM systems.

VSC 5000 system - is a complex system of examination and the analysis of documents using computer hardware and software equipment (PC). This system is used for specifi c forensic activities and can achieve:

• adjustment of visual contrast by selecting a special light source and a wavelength to show any changes made to a document, namely: inserts, chemical or mechanical exposures and document security markings; • measurements and comparisons to detect Minutes dated 03/06/1940 differences between documents; • spectrometry and colorimetry for analysis of inks; The overall appearance of the examined document • the management of case studies needed to is impressive. The old fl avored names, for example at make a fi nal report. the top of the form “the commission for the establishment of Land Registry”, the general calligraphic appearance 522 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI of the handwriting that completes the form denote an substances, under spotlight with wavelengths between obvious concern for correctness and aesthetic aspect, 365 and 1000 nanometers (ultraviolet, visible spectrum specifi c to calligraphy fi eld, subject thoroughly learned in and infrared), we found that the sequence “in the area of the old education process . 1453 m2” disappears faster than other content inserts of An annex to this report, entitled “Data relating to the minutes. property”, was also made available for examination, having the text printed in black substance on the obverse These issues may indicate either the use of a writing and reverse of two sheets of A4 paper, of which only the substance with different characteristics, or the use of a fi rst contains inserts written by hand. writing substance with similar characteristics, laid down The examination of physicochemical properties of the in a lesser amount. scriptural substances used in fi lling the form’s text has used only nondestructive examination methods, whereas the importance and uniqueness of the instrument examined did not allow any damage to it (current situation in examining documents written by hand, preserving the original is often overwhelming). By direct examination, watching the inserts at daylight, it was found that the graphic routes were made with a black substance having variable intensity, from pale to dark black; black intensity is dimmed on upward segments, connecting or ending the content of graphic characters, indicating a reduced quantity of scriptural White light examination material and also more pronounced in the changing points of the graphic course, on duplicate routes, indicating an excessive accumulation of scriptural substance.

668 nm wavelength fi ltered light examination

The entire examination of the minutes highlights a specifi c order of the blurred and stressed succession of Spectrographic examination (determining the color the graphic course, both in terms of color intensity and its coordinates of scriptural substance used to fi ll rubrics) thickness; this sequence features the inserts in the entire of the substances used to match the rubric relating to form, except the following sequence: “in the area of 1453 the building and furthermore expanding to other rubrics, m 2”, fi lled in the rubric referring to the property that is showed similar spectral characteristics. Areas with subjected to registration in the land registry recorded in quantitatively similar writing deposit were selected for the minutes. Graphic routes in the composition of the review, of content claim “in the area of 1453 m2” and sequence are uniformly blurred, showing a discordant of additions in the wording of items that fi t the form note in the whole minutes with the abundance of writing sequence, from the inserts of the header, from the date substance that constantly characterizes other additions. and the owner box “belonging ... living at …“. These features are typical to a dynamic execution, indicating a spontaneous and consecutive writing, excepting the one of the specifi ed sequence. The discontinuation rate of the regular sequence of the blurred segments and those abundant in writing substance cannot be explained in the context of a consecutive writing of the inserts in the minutes.

Examined with the stereomicroscope, graphic routes did not show signifi cant pressures; it was found that they completely cover the paper surface, without The spectra of examined written substances - green strong edges due to the represents the writing substance with which the sequence penetration of the substance “in the area of 1453 m2” was written; The paths of inserts between the paper fi bers in the wording of items that fi t the sequence “in the area and its spreading on of 1453 m2” are presented with other colors. cellulose fi bers. These are Similarities in the spectral appearance of writing characteristics of writing substances are also highlighted by Raman spectral in pen and ink and are analysis, performed with FORAM 685-2 system. The common for all graphic routes across the minutes. results were similar to those obtained in the tests made

with the VSC 5000, meaning the spectral similarities of When being examined by means of the VSC 5000 the examined writing substances. system, in order to distinguish the color of writing FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 523 The examination of the handwriting graphic In brief, the relevant results of the graphical and characteristics of the headings in the minutes has physicochemical examinations are: successfully completed previous physicochemical examinations. • the reviewed minutes was written in ink pen, using a writing substance with similar physicochemical The examination of the graphic qualities of the form characteristics; fi llings revealed specifi c graphical characteristics of two • the graphical paths of the minutes inserts present a different writers, i.e. a graphic community includes all pattern of the succession of the graphic course emphasis inserts of the minutes with the exception of the sequence and blurring, due to the amount of substance left by the “in the area of 1453 m2” and the second graphic writing instrument on paper, except the sequence “in the community the words specifi ed. area of 1453 m2; • “in the area of 1453 m2” graphical paths are The small quantity of the exempt sequence is fi lled uniformly dimmed, indicating a small amount of ink by retrieving the specifi c graphic qualities of this writing uniformly deposited on the writing support; from added rubrics attached to the minutes, also made • the graphic qualities of the writing in the rubrics available for examination, drawing more clearly the of the minutes are similar, specifi c to the same writer, graphical qualities which customize the writing. except the sequence “in the area of 1453 m2; • “in the area of 1453 m2” graphic qualities are General characteristics similarities (execution speed, similar to those characterizing the examined inserts of graphic course continuity, size, shape) are strengthened the enclosure of the minutes by obvious similarities in the special manner of writing characters (lower case “t”, “þ”’, “d”, “p”,”I”), whose Corroborating the results of the physicochemical standardized execution can be assessed objectively due and graphical examinations, it is obvious that there to the number of copies of the same character found in is a complete inability to fi ll consecutively in the the text. minutes.

Objective arguments supporting this claim are:

• lack in graphic course fl uency (regular succession and the accumulation and fading of the ink) cannot be justifi ed in terms of consecutive form inserts, because of the sequence “in the area of 1453 m2”, which differs from Written text on litigation the rest of the inserts, is interlaid in context; • the claim that the sequence was entered primarily is also ruled out, because taken out of context it is meaningless. It represents a detail of insert rubric, without which it has no sense; • the presence of two different graphic communities across an insert in italics, proves a major discrepancy, since the insert of a rubric by two writers is impossible.

Consequently, the specifi ed statement “in the area of 1453 m2” was added after the entry of other inserts to the examined minutes, without being able to make objective conclusions about the period of time before its insertion.

REFERENCES 1. “Documents forgery” – D. Sandu, Publishing House Comparison writing model Dacia, Cluj-Napoca, 1977; 2. “Forensic” – E. Stancu, Publishing House Actami, Bucharest, 1999; Categorical distinction items between the two graphic 3. Image used for illustration from the case-book record communities previously defi ned deals with the specifi city of the Document and Graphics Investigation Laboratory of the of the writing manner, regarding the matching of graphic Forensic Institute of the General Inspectorate of the Romanian characters and lower cases ‘þ’, ‘d’, ‘î’, ‘p’, refl ecting Police different writing skills.

524 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI GENERAL CONSIDERATIONS ON THE INVESTIGATION METHODOLOGY OF CYBERCRIME OFFENCES

Univ. lect. PhD. Lawyer. IONIŢĂ GHEORGHE-IULIAN Romanian American-University-Bucharest Bucharest Bar

Abstract In what way could be defi ned the investigation methodology of cybercrime offenses? What are the particularities of criminal investigation of cybercrime offenses and the forensic investigation of crime scene and computer systems? What are the principles and objectives of these activities? This present article represents a fi rst step for the accurate delimitation and determination of activities of criminal investigation bodies and forensic specialists and an attempt to outline a specifi c investigation methodology of cybercrime offenses. Key words: crime, cybercrime, criminal investigation, forensic investigation, methodology, principles, objectives.

Rezumat Cum ar putea fi defi nită metodologia cercetării infracţiunilor din sfera criminalităţii informatice? Care sunt particularităţile cercetării penale a infracţiunilor din sfera criminalităţii informatice şi investigării criminalistice a locului faptei şi a sistemelor informatice? Care sunt principiile şi obiectivele acestor activităţi? Prezentul articol reprezintă un prim pas în delimitarea şi stabilirea corectă a activităţilor desfăşurate de organele de cercetare penală şi de specialiştii criminalişti cât şi o încercare de conturare a unei metodologii specifi ce de cercetare a infracţiunilor din sfera criminalităţii informatice. Cuvinte cheie: infracţiuni, criminalitate informatică, cercetare penală, investigare criminalistică, metodologie, principii, obiective.

1. Introduction The standard is1 a document established by consensus and approved by a recognized body. For common Many “classic” crimes investigations (of any kind) and repeated use it establishes rules, requirements or will include information systems (fi xed or portable characteristics for activities or results in order to obtain workstations, routers, information storage media etc..), an optimum order in a given context. which may contain data about motivation, identity, location, The judicial system entire standardization of the perpetrators or accomplices connections, etc.., and which procedures, forms and classifi ed lists was considered2, may facilitate the results of these investigations. and still is, one way to streamline proceedings. The computer system shall be considered as a physical evidence present at the crime scene, evidence 2. The need to standardize the research activity that must be identifi ed, as well as a “gateway” leading the in the fi eld of cybercrime, forensic laboratory investigator to explore a secondary digital “location”. accreditation, experts’ certifi cation and investigating In these circumstances, computer system computer systems resources investigation, as a procedural activity (Crime Law Procedure art. 129.), is similar to a “digital” crime scene The need to standardize the research activity in the research (not just physical) and does not involve only a fi eld of cybercrime offenses research, forensic laboratory technical forensic “examination” for data collection and accreditation, experts’ certifi cation and investigating selection. computer systems resources is necessary because: At international and national level, the importance of - Specifi c standards should be established in order standardized activity is generally emphasized. to similarly regulate the activities of criminal investigation Standardization is a specifi c activity which sets / forensic investigation of computer crimes / computer standards for present or future problems. systems; FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 525 - Uniform standards should be set for forensic by the inspection bodies ... will constitute the main laboratories accreditation and for forensic experts’ point of the mutual recognition agreement between the certifi cation, experts in computer systems investigation; accreditation bodies, being necessary for the consistent - Forensic investigation tools, used in computer application of ISO / IEC 17020”’12. systems, must be standardized and certifi ed; - A specifi c, accessible, clearly and properly 3.2. The situation at European level formulated methodology must be issued in order to guide A. The standardization body at European level is the police / forensic specialists in criminal research / the European Committee for Standardization (CEN) forensic investigation in the fi eld of cybercrime offenses; 13. - Procedure „gaps” which can be speculated by Also note, the European Committee for Electrotechnical lawyers, and which can call into question the legality of Standardization (CENELEC) 14, the body which prepares acts / activities must be avoided electrical standards and is in charge of the improvement in all aspects of quality and safety of products and services in 3. Current standardization perspectives regarding electricity, electronics and related technologies, including the research activity in the fi eld of cybercrime and environmental protection, accessibility and innovation. accreditation of forensic laboratories B. At European level the competent body in the authorization fi eld is the European Cooperation for 3.1. The situation at international level Accreditation (EA)15 This is a European network of recognized national A. The standardization body at international accreditation bodies, that acts as a technical resource level is the International Organization for regarding issues related to the implementation and Standardization (ISO)3. Also note, the International operation of European policies on accreditation. Electrotechnical Commission (IEC) the agency that Let us focus on the Joint Working Group established prepares and publishes “international standards by the European Cooperation for Accreditation (EA) and for electrotechnology” (all electrical technology, the European Network of Forensic Science Institutes electronics and related issues) and manages (ENFSI)16 due to the “Memorandum of Understanding” conformity assessment systems, which (systems) 17 signed on 18/10/2006 to draft an informative document certify that the equipment, systems or components for ISO/ IEC 17020 application in this particular area. It obey to international standards. led to the development of “Guidelines for implementation Regarding information technology, ISO and IEC have of ISO/IEC 17020 in crime scene investigation”, EA - published nearly 1600 standards, and in the security fi eld 5/0318. 109 standards relating to the information technology. C. At European level the conformity assessment The standard that applies to forensic laboratories is body, as a the third party, is the European Association ISO / IEC 17025:2005 5 “General requirements for the for Certifi cation of Electrical Products (EEPCA)19. This effi ciency of testing and calibration laboratories”. professional association of European Certifi cation ISO / IEC 17020:1998 6 “General criteria for the Bodies, ensures openness and transparency in functioning of various types of bodies performing European certifi cation systems that are operated, inspection” applies to crime scene investigation. maintains an ethical code in certifi cation activities and monitors the use of systems and certifi cation B. In the fi eld of accreditation of testing and marks on the market by its members. calibration laboratories (including forensic laboratories), the international body is the 3.3. U.S. situation International Laboratory Accreditation Cooperation A. In the fi eld of standardization, in U.S., the (ILAC) 7. This is the main international forum for National Institute of Standard and Technology the development of practices and procedures for (NIST)20 is The Federal Standards and Technology laboratories accreditation, as a tool for facilitating Agency. Within this agency works the Information trade, assistance for the development of accreditation Technology Laboratory (ITL) and 21 the Electrical systems and for the recognition of effi cient test Engineering and Electronics Laboratory (EEEL) 22, facilities around the world. with tasks in terms of crimes research/investigation Forensic laboratory accreditation is based on in the fi eld of computer crimes/computer systems. “Guidelines for Forensic Science Laboratories” developed Therefore, the Software and System Division (SSD) 23 by ILAC, ILAC-G19: 20028 which “... is intended to of the ITL and the Offi ce of Law Enforcement Standards provide guidance for laboratories involved in analysis and (OLES)24, of the EEEL, develop reference materials, forensic examination by ensuring the implementation of performance standards, measuring instruments, ISO / IEC 17025 “9. operating procedures and guidebooks for the equipment used in crime research/investigation in C. The international competent body regarding the fi eld of computer crimes/computer systems. conformity assessment is the International Accreditation Forum10. This is the world association B. In the fi eld of accreditation, the U.S. body is of Conformity assessment bodies that accredit the American Society of Crime Laboratory Directors certifi cation or registration bodies attesting that (ASCLD)25, which conducts the public(central or organization’s products, management and staff local) and private forensic laboratories accreditation comply with a specifi c standard (this is called through the Committee for Laboratory Accreditation “conformity assessment”). (ASCLD/LAB) 26. The “Guidelines for the Application of ISO / IEC 17020” developed by the IAF and ILAC, IAF/ILAC-A4: 200411 C. In the fi eld of conformity assessment in U.S., which “... enables accreditation bodies to harmonize the the body is the Computer Forensic Tool testing standard application _ which they are bound to assess (CFTT)27. 526 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI The developed methodology28 is very rigorous. materials made available with the existing images of the Thereby: fi les on the HDD. The Photo-video Laboratory37 according to the a) after a category and at least one instrument is Joint fi le38 mentioned above is accredited to “review selected, the development process is as follows: and compare digital images using computer software - NIST and law enforcement personnel develop LUCIA Forensic (type/name of test), for “Digital Images” requirements, assertions and gather information the (material/product) in accordance with “PSL - 01-06” practical test (called the specifi cations of the instrument (reference document) on “measurements, lengths, category); angles, perimeters, diagonals and areas, comparisons of - This tasks workbook is posted on the website in images, image quality processing.” order to achieve a mutual evaluation by the members of There are also other accredited Police Inspectorate’s the community and allow other interested parties to make Forensic Departments from 12 counties: Argeş, Bihor, objections; Botoşani, Braşov, Buzău, Caraş-Severin, Constanţa, - Complaints and feedback are included in the Giurgiu, Iaşi, Sibiu, Suceava and Timiş. specifi cations; Forensic expertise is achieved by the Inter-counties - A testing environment for the instrument category Labs subordinated to the National Forensic Institute40 of is designed. the Ministry of Justice and civil liberties. b) after the specifi cations of the type of instrument Furthermore, it has as objective the achievement were developed and a tool has been selected, the of the following groups of forensic expertise that are testing process is as follows: relevant to the topic: - NIST acquires the instrument to be tested; - Computers expertise; - NIST reviews the instrument’s documentation; - The expertise of means of telecommunications; - NIST selects relevant test cases, depending on the - Photo-videos expertise. specifi cations supported by the instrument; Unfortunately, according to the Joint File41 of the - NIST develops test strategies for the instrument; Accreditation Certifi cate no. LI762/09.03.2009 only the - NIST performs the testing of the instrument; Bucharest Forensic Expertise Laboratory is accredited - NIST draws up the instrument testing report; and only for “handwriting expertise” and “ signature - The Committee Director reviews the test report; expertise” (type/name of the test), not for the expertise - The marketer reviews the test report; mentioned above, relevant to the forensic investigation - NIST posts the program medium on the website; of computer systems. - NIJ29 posts the test report on the website. 4. The defi nition of the research methodology in 3. 4. The situation in Romania the fi eld of cybercrime offenses A. In the fi eld of standardization, in Romania, the national enforcement body is the Standards Association 4.1. Terminology_relating to criminal investigation of Romania (ASRO)30. This is a private body, of public of cybercrimes and to computer systems and crime utility. It is recognized as a National Standardization scene investigation. Body31, which represents Romania in the international standardization process by coordinating the national This clarifi cation should be made because most times activities and the information exchange methodology. confusion appears between the criminal investigation of cybercrimes - carried out by criminal investigation B. In the fi eld of accreditation, in Romania, the authorities and the forensic investigation (physical and national enforcement body is the Accreditation digital) of the crime scene and computer systems - which Association of Romania (RENAR)32. This is a private should be carried out by forensic experts from the forensic law body, nongovernmental, of public utility, being departments/National Forensic Institute. known33 as the National Accreditation Body for the To avoid confusion I shall use the two terms differently; assessment conformity infrastructure (conformity Thus, I use: and laboratories assessment bodies). - the term “forensic investigation” to defi ne the work The Forensic Institute Laboratories of the General of the forensic specialists done for evidence(material or Inspectorate of the Romanian Police are the acreditated34 digital) preservation, collection, validation, identifi cation, for the forensic investigation of the computer systems. analysis, interpretation, documentation and presentation; There are two laboratories executing activities in although, in essence, it is still a “research” which refers the area at the Forensic Expertise Department (of the to the crime scene and computer systems; Forensic Institute): IT Laboratory and Photo-video - the term “criminal investigation” used to defi ne the Laboratory. work of the criminal investigation bodies, before or during The Computer Files Examination Laboratory (IT)35, criminal proceedings, as a stage of the criminal trial, to according to the Joint fi le36 of the Accreditation Certifi cate collect the necessary evidence to establish the existence no. LI 459 from 24.07.2007, is accredited to “Review of the crime, to identify the perpetrators and victims, program-fi les” (type / name of the test) for “Computer determining perpetrators’ criminal liability, etc.. systems, storage media, peripherals, materials made or The confusion stated above is maintained by several counterfeit using computer systems” (material/product) factors, among which the following are most important: in accordance with “PSL - 01-05” (reference document) stats, for “Setting the computer system functioning A. Anti-cybercrime division - which operates status, setting the technical parameters, establishing under the authority of the Department for Combating the complete physical picture of the HDD, computer Organized Crime - unfolds “investigative” and data recovery from the HDD, searching, comparing “criminal investigation” activities to combat and sorting data and information according to content, cybercrimes. Furthermore, using the Bureau for keyword, name, extension and properties, comparing the research and investigation of computer systems, this FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 527 division carries out (in fact) the forensic computer consideration (lawyer, doctor, priest, journalist, etc.).. systems investigative work (as I mentioned it • Principle 6: The person who handles the event/ above), activity which should be carried out by monitors the activity is responsible for ensuring the forensic experts from the forensic departments/ compliance with the law and these principles. National Forensic Institute. This situation is not acceptable: that those who conduct the criminal 5.2. Principles of the crime scene and computer offenses investigation of cybercrimes, also conduct systems forensic investigation the forensic computer systems investigation. It • Principle 1: The general rules on evidence is not possible to carry out the computer systems should be applied to digital evidence. investigative activity of any other offence (other than • Principle 2: Activities should not alter the digital cybercrimes) by forensic experts from the forensic evidence. departments/ National Forensic Institute and the • Principle 3: When the original digital evidence is computer systems investigation of cybercrimes necessary to be accessed, that person must be suitably by the Bureau for research and investigation of prepared for this purpose. computer systems. • Principle 4: All activities concerning the digital evidence data seizure, accessing, storing or transferring B. The provisions of art. 14 of the Convention must be fully documented, preserved and available for on Cybercrime were only partially mentioned in the review. Romanian legislation, omitting to apply the special • Principle 5: A person is responsible for all the provisions regarding digital evidence collecting activities undertaken in relation to digital evidence while relating to any “classical” offense (common law) they are in its possession. which are to be found in a computer system. In practice, we reach a not very logical situation. Thus, these provisions are not applicable to “classic” 6. The objectives of cybercrime research offenses (other than those incriminated in Title III of Law no. 161/2003 and those committed through 6.1. The objective of the research in the fi eld of computer systems) it goes as far as certain procedural cybercrimes acts (such as, for example, the computer systems or The objective of work of the criminal investigation data storage media “search’’) can be ordered by the departments, before or during the prosecution phase of prosecutor. the trial, includes the objective of this phase, as stated in Art. 200 Criminal Proceedings Code and consists of the 4.2. The defi nition of cybercrime research evidence collection, evidence that is necessary to prove methodology the existence of the crime, to identify the perpetrators I believe Cybercrime Research Methodology could be and victims and to determine the perpetrators’ liability. defi ned as a set of principles, objectives, stages / phases, techniques and tools for knowledge and research in the From the tactical point of view, the following fi eld of cybercrime. tasks must be clarifi ed, also known as “the 5 out of 7 question-formula”, namely: - “What?” - What act was committed? - the nature of 5. Principles of the research in the fi eld of crime the offense; offenses - “Who?” - Who committed the act? - the author of the crime; The doctrine 42 provides several principles that guide - “With whom?” - With whom was the act committed? both research in the fi eld of cybercrime and of crime - who participated in the perpetration of the crime; scene and computer systems forensic investigation. We - “Where?” - Where was the act committed? - the have selected and adapted the relevant principles. place where the act was committed; - “When”, “- when was the act committed? - the time 5.1. Principles of the research in the fi eld of when the crime was committed; cybercrimes - “How?” - How was the act committed? - the means of committing the offense; • Principle 1: “Offi cer’s safety”: whoever reaches - “Why?” - Why was the act committed? - the fi rst to the crime scene must cordon off the area and keep inducement and/or purpose of committing the crime. it safe. • Principle 2: No action taken by those that are These issues concern the constitutive content of researching/investigating should modify the computer the crime, which must be proved, namely: systems data, which can be afterwards invoked as - The object of the crime - the social value legally evidence in court. protected - the question “why”; • Principle 3: Only in exceptional circumstances, - The active subject of the crime - those involved in when it is necessary to access the computer systems the offense - the questions “who” and “with whom”; data, the one that accesses the pc should have the power - The objective side of the offense - the prohibited to do it (to access them) and be able to demonstrate the behaviour and, especially, the place, time and manner relevance and implications of his actions. of committing the crime - the questions ‘where’, ‘when’, • Principle 4: Records of all proceedings applied ‘how’; to the digital evidence should be created and kept so that a third party to be able to verify those proceedings and - The subjective side of the offense - the guilt and, achieve the same results. especially, the inducement and / or purpose of committing • Principle 5: Special provisions applicable to the crime - the question “why.” certain categories of persons should be taken into 528 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 6.2. The objective of crime scene and computer 20. National Institute of Standard and Technology (NIST), systems forensic investigation http://www.nist.gov The aim of the work of forensic specialists is 21. Information Technology Laboratory (ITL) http://www.itl. preservation, collection, validation, identifi cation, analysis, nist.gov interpretation, documentation and presentation of digital 22. Electronics and Electrical Engineering Laboratory evidence, as well as of those materials present at the (EEEL) http://www.nist.gov/eeel crime scene or in computer systems and presenting them 23. Software and System Division http://www.itl.nist.gov/ in such a manner as to be used as evidence in court. div.897 24. Offi ce of Law Enforcement Standard (Oles) http://www. eel.nist.gov/oles Footnotes 25. American Society of Crime Laboratory Directors 1. defi nition according to ISO / IEC Guide 2:2004, (ASCLD), http://www.ascld.org Standardization and related activities - General vocabulary, 26. American Society of Crime Laboratory Directors / available at http://www.standardsinfo.net/infor/livelink/ Laboratory Accreditation Board (ASCLD-LAB), http://www. fetch/2000/148478/6301438/standards_regulations.html ascld-lab.org 2. Ministry of Justice and Civil Liberties, judicial 27. Computer Forensic Tool Testing (CFTT) http://www.cftt. informatization strategy 2005-2009 available at nist.gov http://www.just.ro/sections/sistemuljudiciar% C3% 28. The methodology is available at http://cftt.nist.gov/ C3A2nia/STRATEGIEINFORMATIZARE/tabid/245/Default. Methodology_Overview.htm aspx AEnRom% 29. National Institute of Justice (NIJ), http://www.ojp.usdoj. 3. International Organization for Standardization (ISO) gov/nij http://www.iso.org 30. Romania’ Accrediting Association (RENAR) http://www. 4. International Electrotechnical Commission (IEC) http:// renar.ro www.ilac.org 31. Romania’ Standards Association (ASRO), http://www. 5. ISO / IEC 17025:2005, available at asro.ro http://www.iso.org/ISO/ISO_catalogue/cataloguetc/ 32. GD. No. 985/2004 published in the Offi cial Gazette no. catalogue_detail.htm/?csnumber=39883 172/07.07.2004 6. ISO / IEC 17020:1998, available at 33. Industry and Resources Minister Order no. http://www.ISO.org/ISO/ISO_catalogue/catalogue_tc/ 354/12.06.2003, published in the Offi cial Gazette. No. catalogue_detail.html?csnumber=29342 454/26.06.2003 7. International Laboratory Accreditation Cooperation, 34. RENAR accredited CAB, available at http://www.renar. http://www.ilac.org ro/index.php?pm=oec&m=oec&let=I&lang=ro # 1629 8. ILAC Guidlines for Forensic Science Laboratories 35. Computer Files Examination Laboratory (IT) http:// ILAC-G19: 2002, available at http://www.ilac.org/documents/ politiaromana.ro/Criminalistic/IT.htm g19_2002.pdf 36. RENAR Annex to the Accreditation Certifi cate no. 9. Ibidem, p. 4 LI459 of 24.07.2007, p.2, documents expertise, available at 10. International Accreditation Forum, Inc.. (IAF), http:// 20500/LI http://www.renar.ro/listsAnnexes/ro/LI/401% 20la% www.iaf.nu 20 459%%% 20A% 20IGP 20CRIM.pdf 20INST% 11. IAF / ILAC Guidance of the Application of ISO / IEC 17020, 37. Photo-Video Laboratory http://www.politiaromana.ro/ IAF / ILAC - A4: 2004, available at http://www.compad.com.au/ criminalistic/fotovideo.htm cms/iaf/workstation/upFiles/6006-IAF- ILAC-IEC_17020_2007 38. RENAR Annex ..., op. cit. p.1 A4_2004_guidance_on_the_application_of_ISO-04.pdf 39. RENAR accredited CAB, op. cit. 12. Ibidem, p.4 40. National Institute of Forensic Expertise (drowning), 13. European Committee for Standardization (CEN), the http://www.inec.ro http://www.cen.eu/cenorm/homepage.htm 41.RENAR, Annex to the Accreditation Certifi cate no. LI 14. European Committee for Electrotehnical Standardization 762 of 09.03.2009, available at 20800/LI http://www.renar.ro/ (CENELEC), the http://www.cenelec.eu/cenelec/homepage. listsAnnexes/ro/LI/701% 20la% 20 762%%% 20A% 20INEC htm 20LEC.pdf 15. European Co-operation for Acreditation, http://www. 42. European Network of Forensic Sciene Institutes (ENFSI) european-acreditation.org/content/home/home.htm Forensic IT Working Group, Guidelines for Best Practice in 16. European Network of Forensic Science Institutes the Forensic Examination of Digital Technology (version of (ENFSI) http://www.enfsi.eu/index.php Will), 2006, available at http://www.enfsi. eu/upload/fi les/ 17. Memorandum of Understanding betwen the European ENFSI_Forensic_IT_Best_GUIDE_5 [1]. o.pdf, United States Network of Forensic Science Institutes (ENFSI) and the Department of Justice, National Institute of Justice Electronic European Co-operation for Accreditation (EA), available at http:// Crime Scene Investigation: A Guide for First Responders, www.European-accreditation.org/content/news/cooperation/ Second Edition, (July), 2001, available at http : / / www.ncjrs. ENFSI_MOU. pdf gov/pdffi lles1/nij/187736.pdf, Association of Chief Police 18. The Joint - workinggroup ENFSI EA, EA -5/03 Offi cers (ACPO) of England, Wales and Ireland Nathern, Good Guidance for the implementation of ISO / IEC 17020 in the Practice Guide for Computer Based Electronic Evidence, the fi eld of Crime Scene Investigation, available at http://www. offi cial version, ed. 4.0, available at http://www.7safe.com/ european+accreditation.org/n1/doc/ EA-503.pdf electronic_evidence/ACPO_guidelines_computer_evidence. 19. European Electrical Products Certifi cation Association pdf. http://www.eepca.org

FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 529 THE CRIMINALIST INVESTIGATION OF HUMAN TRAFFICKING. THE REINTEGRATION OF THE HUMAN TRAFFICKING VICTIMS

Chief commissary, CRISTIAN NISTORESCU Chief of Dâmboviţa Organized Crime Combat Division

Abstract The victims who were expulsed from the countries where they were identifi ed, who were sexually exploited, return of their free will in the countries of origin. Most of times they do not have where to live, and the danger is for them to be victims again of the human traffi cking. The assistance received by law allows them to improve their state, both in what concerns their physical state as well as psychologically so as to be able to make plans for the future and to lead a normal life. Key words: sexual exploitation, social, cultural or religious factors, safety criteria, expulsion.

Rezumat Victimele expulzate din ţările unde au fost identifi cate care au fost exploatate sexual se intorc de bună voie în ţările de origine. Acestea de cele mai multe ori nu au unde să locuiască şi există pericolul să fi e din nou victime ale trafi cului de persoane. Asistenţa primită conferită prin lege le permite ameliorarea acestora atât din punct de vedere psihic cât şi psihologic încât să-şi poată face planuri de viitor sau să ducă o viaţă normală. Cuvinte cheie: exploatare sexuală, factori sociali, culturali sau religioşi, criterii de siguranţă, expulzare.

Most destination countries do not offer right of Assistance measures shall be taken into consideration residence for the victims of human traffi cking. As a result if the victim is expelled or repatriated, no matter if the victim victims are deported or they return home voluntarily. On cooperates or not with law enforcement institutions. She the way home victims may face serious problems. Often, remains a victim of an offence, and she is vulnerable and these women do not possess travel or identity documents, entitled to assistance. To reduce this risk, in the Balkan region encountering obstacles in transit countries or when they there should be a possibility to contact one of the OIG-NGO are trying to enter their own country. organizations from the victims’ home country so they can be expected and assisted when they return to their country. If the victims are traveling alone, they might fall into the However, when such a proposal is certain some questions traffi ckers’ hands again. arise: Women who worked in the “sex industry” and return home are afraid of being stigmatized and rejected by their families or If the victim agrees by society. • Nobody is allowed to presume that the victim will agree They have nowhere to live and require both accommodation no matter what to the disclosure of her personal data and of the and fi nancial support. It is crucial for them to be integrated or situation she is in, to a humanitarian assistance institution. The reintegrated into employment, therefore they must be assisted victim should always be informed and asked if she agrees to in fi nding a suitable job, encouraged to participate in training give her consent and if she is willing to confi rm this in writing. programs and supported in the search for a job. The victims’ situation is improving trough the support If the request of assistance represents a risk received, both physically and psychologically, so they can • The question is whether the government agencies or return to a normal life and can make plans for the future. the OIG-NGOs assistance request represents a danger. For The qualifi ed institutions OIG/NGOs and the victims example, the victim could not consent to inform her country’s themselves must work together in an atmosphere of trust in public authorities about the fact that she was sexually exploited. order to organize the victims’ repatriation. There may as well be religious or socio-cultural factors that The back-home trip requires a good organization and the could have a negative effect on the victim. police shall play an important role in this process. The traffi cked person can not leave that country before If the organization meets the safety criteria and if it is taking into account the following risks: able to provide assistance to the victim • If the victims were discovered in a country of transit or • Since the safety and the support capacity of OIG/ of destination, it rises the question of whether the expulsion or NGOs organizations vary greatly it is necessary to evaluate repatriation of the victims is at a high risk; separately each organization. Calling governmental or non- • Granting of temporary resident status should be taken governmental organizations may pose a risk. into consideration as well as the support services provided by OIG-NGO organizations in that country; If between the date of expulsion and the time of arrival • If the victims were discovered in their home country, there is enough time to make all the preparations they may be allowed to return home; • Victims are usually deported in a rush and there • If they are not safe when they get home, OIG-NGO are cases when they run out of time in order to get in touch organizations should contribute to reduce this risk; with the support organizations. In such cases they will get in • There are social, cultural or religious factors that may touch with the authorities responsible for the expulsion of the be a danger in case of repatriation, if the victim is sent back to victims to obtain a delay of the expulsion in order to do all the a family that originally sold her. preparations.

530 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI THE DRUGS AND VEHICLES TRAFFICKING – A CONSTANT CHALLENGE IN THE FIGHT AGAINST THE ORGANIZED CRIME

Police chief inspector PhD. Pharmacist MIHAELA GHEORGHE, Forensic Science Institute Police inspector, Physicist VIOLETA CIOFU, Forensic Science Institute

Abstract The increase of drugs traffi cking at international level has stimulated the car smuggling. There are reports related not only to vehicles used as exchange currency for the purchase of drugs, but as well to networks of organized groups involved in the regional drugs and vehicles traffi cking. The most important criminal organizations dominate the drugs market. At the same time, the drugs and cars traffi cking is an optimal combination which generates annually huge revenues for the organized crime networks. During the last decade, the stolen cars traffi cking or illegally purchased at international level has become a constant preoccupation of police. This paper is focused on the illegal drugs and vehicles commerce and upon the consequence produced throughout time especially over the people’s lives. At the same time, two case studies are presented. Key words: drugs and vehicles traffi cking, organized groups networks, case studies.

Rezumat Creşterea trafi cului de droguri la nivel mondial a stimulat contrabanda de maşini. Există rapoarte referitoare nu numai la vehicule folosite ca monedă pentru cumpărarea drogurilor, dar şi la reţele de grupuri organizate implicate în trafi cul regional de droguri şi vehicule. Marile organizaţii criminale domină piaţa drogurilor. În acelaşi timp, trafi cul de droguri şi maşini este o combinaţie optimă care generează anual venituri uriaşe pentru reţelele de crimă organizată. În ultimul deceniu, trafi cul de maşini furate sau ilegal achiziţionate la nivel mondial a devenit o preocupare a poliţiei. Această lucrare se axează pe comerţul ilegal de droguri şi vehicule şi consecinţele produse de-a lungul anilor mai ales asupra vieţii oamenilor. De asemenea, sunt prezentate două studii de caz. Cuvinte cheie: trafi c de droguri şi vehicule, reţele de grupuri organizate, studii de caz.

“Drugs are a terrible problem, whose seriousness The social, economic, medical, cultural and political becomes more visible each day. Worldwide millions of consequences of the delinquency created by drugs are people use drugs and abuse of other illegal substances. causing considerable damage not only to interests of the The problems caused by drug abuse and by illicit state but also to those of the society, of many individuals, traffi cking are among the most serious problems the it threatens the citizens’ life and health, it affects in a world is facing today, threatening future generations demoralizing way the consciousness and human behavior. and therefore the future of life ...!” The public is constantly announced by various sources of information that all around the world millions of people Rainer Schmidt-Nathen have fallen prey to the white death, more than this the drug President of the United Nations area extends from a year to another. UN, Interpol and Conference to Combat Drugs (Budapest 1998) Europol estimate that the drug market ranks second after the weapons market, with annual profi ts of billions of dollars. At the beginning of this millennium,the international community is confronted with serious threats in regards with The control of drugs has created an enrichment the security and the world order, with new manifestations opportunity for crime syndicates and has generated serious of crime, especially in its terms of organized crime. The offences that would disappear if drugs are legalized. Profi ts member states of the European Union and the candidate are made possible by generating drug addiction, this way states represent the main vectors of the crime combat, the drug addicts are willing to pay enormous sums to being heavily involved in terms of logistics, operations and purchase drugs and satisfy their needs. A free market would fi nance in fi ghting this scourge. increase the number of drug addicts and will create greater In recent years, the scourge of drugs is the most complex, profi ts for manufacturers. If the society eliminates this need deep and tragic phenomenon of the contemporary world, through education, treatment and criminal penalties, crime given that, every year, billions of dollars and hundreds of syndicates would be deprived of income. thousands of people are involved in this marriage of death As any other country in the world, Romania is faced with called “illicit drug traffi cking and consumption”. Because the diversity of organized crime, namely, human traffi cking, there is not a clear and precise statistic of the production, drug traffi cking, illegal imigration, money forgery, computer traffi cking, consumption and of the number of deaths caused crime, international traffi cking of stolen vehicles, of strategic by drugs, the extent of this phenomenon is particularly materials and money laundering of the money gathered worrying looking to the prospect of future years. trough these illegal activities. FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 531 Drug problem is and will always be one of the dominant caused by drug overdose have been frequently reported in. themes of the socio-political life, not only in Romania but In the pictures below are shown some of the most commonly throughout the world, in the diffi cult test of fi nding the used drugs. answers to the multiple and complex problems of human existence.

This reality, of the white death, has become more and more threatening even for Romania, which in the early 90s, when the Balkan route (photo no. 1) of drug traffi cking was

Photo no. 1 The fower and the poppy capsule, raw opium as it is extracted from the poppy straw, dry raw opium

Morphine, Codeine, Heroin, Amphetamines, Ecstasy

outlined was essentially a transit country, nowadays it has Coca leaves and fruit, the coca leaf and become a profi table market for the sale of drugs. These facts cocaine hydrochloride powder, crack, are unequivocally demonstrated by the number of persons cocaine hydrochloride powder investigated for illicit drug traffi cking, by the discovered and seized quantities of drugs that have increased from one hundred grams to tones, by the number of people hospitalized in health care facilities or who are receiving social and psychological assistance because of drug abuse, and as a last, tragic, but decisive argument, the growing number of deaths caused by drug abuse.

Large quantities of opium, morphine and heroin from Cannabis herb, cannabis seeds, cannabis as “boards” of 1 kg, Afghanistan are brought to consumers in Central and resin of cannabis - hash Western Europe, beside these synthetic drugs from Western and Northern Europe are bound for eastern continent. They are transported trough Romania and a part of the quantity The doctrine and the practical experience of the experts of the traffi cked drugs is consumed in Romania. Meanwhile, indicate that these drug samples frequently contain mixtures Romania has become a storage area; the drugs are of psychoactive substances that are under regulatory control. introduced especially by the southern border, and after are Thereby, in heroine samples most frequent are: the caffeine stored for different periods of time and are fi nally targeted to and the Phenobarbital; in such samples are also present high-consuming countries in Western Europe. The port of and usually identifi ed: the codeine, noscapine and acetyl Constanþa is the main entrance gate of the drugs brought codeine, impurities from the manufacturing of heroin (the from South America. raw material used in the fi rst stage is opium, which contains codeine and noscapine, furthermore the process itself In Romania, between 1999 and 2008, the evolution involves the acetylating of the morphine present in opium) of drug consumption and illicit drug traffi cking, refl ects a (photo no. 2). For example, the heroin from Southwest growing trend as evidenced by the increased level of drug Asia is a typical heroin content of 60%, acetylcodeine 5%, seizures. The existing statistical data shows that in 2002, noscapine 10%; The smoking heroin “Pink Penang” variety in Romania, was seized a quantity of drugs greater than of “Chinese No. throughout the past 10 years. Thus, if since 1991 till 2001 Photo no. 2 3” is a typical 35,000 kg of drugs were found, in 2002 over 43,000 kg were composition of seized. From 2002 to 2008 over 513,000 kg of drugs were 20% heroin, confi scated. 40% caffeine, phenobarbital, Therefore, during the 2001-2008 years drug consumption traces of other expanded throughout the country covering various segments alkaloids. of the population; the used drugs range became larger, Heroin - the including cannabis, amphetamines, heroin, opium, cocaine. semi synthesis The way the drugs are administrated varies according to the derivative type of drug used, but also to the effect pursued by the drug of morphine addict. The use of medicines with psychotropic substances (diacetylmorphine), is on the fi rst place on today’s had expanded; the benzodiazepines and barbiturates were morfi nomimetice induced dependence. “The Popularity” of administered directly or mixed with alcohol. It was found that illicit heroin on the market is due to the low price and also to among students the number of those that were smoking the short latency of the effects, which occurs in about one cigarettes containing cannabis or marijuana grew. Deaths minute after intravenous administration. Heroin is produced 532 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI in clandestine laboratories using acetic anhydride from During the papers check, police found a lack of safety which it receives the bitter taste and the odor of vinegar. features of the vehicle registration certifi cate, therefore Combating international traffi cking of stolen vehicles is complex tests were performed following which it led up another important issue that Romania is facing in its fi ght to the result that the car, a BMW 320d, year - 2005, was against organized crime. reported as stolen in Italy , on 01/11/2006. It was found that, after Romania’s accession to EU the number of stolen, unregistered, with false documents or false registration numbers cars or found stolen at the state crossing border has increased; border checking simplifi cation is one of the reasons that led to the increase of the phenomenon. Thereby, it was found that the criminals target borders are the West - considered the main entrance gate to Romania of the cars claimed as stolen, furthermore criminals base on the simplifi cation of the border control - and the east - to send the stolen vehicles to former CIS states, using traditional methods of falsifi cation of the body series or of In this context additional tests have been performed and the documents that accompany the vehicles. inside the car were found three hidden packages containing The traffi cking routes of the stolen vehicles are generally a beige powder. The packages were seized and sent for oriented from west European to Eastern Europe countries analysis to the experts from the specialized laboratory in and former CIS states: Italy - Austria - Hungary - Romania; order to identify their content. Germany - Austria - Hungary - Romania - Moldova and Ukraine; Italy - Austria - Hungary - Romania - Moldova - Thus, portions of the beige powder were subjected to the Transnistria - Ukraine or Russian Federation. methanol extraction and the obtained extracts were analyzed Organized Crime Combat Divisions have broken apart with gas chromatography coupled with mass spectrometry 38 groups which contained over 150 people, 303 offenses being identifi ed the following substances of abuse: caffeine, were held in their charge, 104 cars were found. In the codeine, acetyl codeine, Phenobarbital and heroin (Photo reference period the “AUTOLUX” action was completed. Its no. 3-8). main objective was to verify the foreign brand cars, year 2000-2001, registered in Romania and removed for sale in less than 90 days from the fi rst registration. In this category were found 1255 cars, which were verifi ed by Interpol, establishing that 287 of them are claimed as stolen and were internationally put under surveillance (a rate of 23% of all the inspected vehicles). Traffi cking networks are extremely well organized at the level of several states (from west to east Europe) and consist of several action groups. In this context it should be noted that networks are organized into two types, those specialized in stealing luxury cars and in the middle class cars. These two types are organized into smaller entities (specialized in various activities), which are divided into subgroups with a clear Photo no. 3. Gas-chromatogram of the sample purpose: if one of the gang members is arrested there is no possibility of detecting other persons that are involved and then the whole network.

Also in the fi ght against this scourge - illicit vehicles traffi cking - several modus operandi have been identifi ed, of which we recall: • insurance fraud - with the owner’s approval, the car is transported to another country, “washed” through successive sales and subsequently declared as stolen by the owner, • stealing to order, embezzlement or fraud at rent companies - a person without possibilities accepts a modest amount of money to open a bank account in his name in Photo no. 4. Mass spectrum of caffeine order to obtain a credit card (card), document under which that person rents a car from a specialized company, • hiding in containers - the driver shows documents for another type of freight - body - requiring transit to an interior customs point, • Circumventing customs laws by using forged customs receipts.

Case Study - 26/01/2006 - BMW produced in 2005, stolen in Italy An Italian citizen was written with a criminal record when the border police from Vaslui found him driving a stolen car. Earlier this week, an Italian citizen, driving a BMW car, appeared at the border crossing point. Photo no. 5. Mass spectrum of phenobarbital FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI 533 The police squad has verifi ed the identity papers, both of the person and of the car. At the border control Andrew Z. has presented documents showing that he was the car owner.

The driver’s act of procuration was dated one day when he also seemed to be in Romania. This inconsistency in the documents submitted to the control have determined the border police to carry out additional checks through employees of the Contact Center in Oradea. Therefore, the research revealed that the car was listed as stolen in Italy on 28.01.2006. Also, the subsequent control of the vehicle led to the Photo no. 6. Mass spectrum of codeine discovery of the car certifi cate, on the name of the true owner, and other documents belonging to the vehicle. All these were hidden under the right front rug. In light of the statements of the person from Maramureş, it was established that Andrew Z. had received the vehicle from a Romanian citizen, residing in Italy, in order to bring it into Romania. The man managed to get up to the Border Police Cenad, where the car was to be taken by the real owner. The latter intended to sell the car as soon as he should have collected the insurance from the insurance company, namely 22,000 euros. Andrew Z. told the authorities that he had received the sum of 500 euros for the provided “service”. For the person from Maramureş the border guards have prepared supporting documents, for being guilty of criminal prosecution for complicity in fraud and association to commit Photo no. 7. Mass spectrum of acetylcodeine crimes, furthermore the customs offi cials have ordered the retention of the car, which worth over 25,000 euros. The scale that drugs and vehicles traffi cking have taken is an optimal combination to generate huge revenue for organized crime. Along with its amplifi cation and detection of harmful effects on the body humanity has become aware of the danger created by the illicit drug traffi cking and consumption, for which international organizations have adopted a series of agreements to restrict and even ban it. As a further consequence, if the for the licit drugs are applied the rules of the market economy, with its valences, however, for those considered unlawful is established a rigorous offensive at all levels, for their eradication. Furthermore, it should highlighted the fact that this arbitrary distinction or even with political signifi cance has many Photo No.8. Mass spectrum of heroin other connotations, which are feeding the international and national movements. Their number is increasing; this calls Even if the Italian citizen said he bought the car with for the decriminalization of the consumption of some illicit clear papers, border police have made a criminal record for drugs. , committing the following offences: larceny, forgery, driving Through the issues presented in this article we have tried on public roads an unregistered vehicle with fake registration to highlight the main landmarks that defi ne the manifestation numbers and illegal drug traffi cking, the competent of drug traffi cking and vehicle traffi cking in the current authorities are going to take the legal measures. international socio-political context.

02/19/2006 - Audi stolen in Bibliography Italy - Bercheşan V., Pletea C.- “Drugs and drug traffi ckers” - Piteşti: Paralela 45 Publishing House, 1998, p. 58-59. On the - H. Ardelean, a.o. - “Drugs and Drug Addiction” - Oradea: evening of Europrint Publishing House, 2001, p. 23 18/02/2006, - Colonel Dr. Damian Miclea - “Knowing Organized Crime”, at around 21.30, at Cenad border cross point appeared Pygmalyon Publishing House, Ploieşti, 2001 Andrew Z., 24 years, residing in Maramureş County, who - Traian Liteanu, Teodoru Ştefan, Constantin Stoica - “Drug was driving a luxury car, an Audi, which was registered in traffi cking. Highlights, dimensions and perspectives”, ANI Italy. Publishing House, Bucharest 2005

534 FORENSIC SCIENCE No. 5 (71), OCTOBER 2010, VOL. XI THE BIOGRAPHY OF A VALUABLE CRIMINALIST PhD. NICOLAE VĂDUVA

Lawyer FLORIN GRÃJDINOIU, a founding member of Romanian Forensic Association

Each of us, regardless of age, makes a review of the accomplishments in the forensic vocation, what we have managed to offer to people, the society, the scientifi c or professional family. Col. (r.) assistant professor PhD. Nicolae Vãduva, a leading fi gure of the Romanian today and yesterday’s forensic has made such an assessment. He contributed to the development of the forensic science with his theoretical and practical work. Some of his accomplishments will be presented in this article.

Mr. PhD. Nicolae Vãduva was born on the 16th of October 1947, in Filiaşi - a city from Dolj, where he graduated the high school, then he attended the police offi cers’school and the Faculty of Law at the University of Bucharest. During the offi cers’school and the faculty he approached the mysteries of forensic science and managed to commit himself to the search for truth. After the graduation of the offi cers’ school, he worked as a forensic science specialist in the counties of Teleorman and Dolj. Following the results in preventing and combating crime, PhD. Nicolae Vãduva was promoted to executive positions, respectively deputy and then chief of police in Craiova City, deputy chief of police in Dolj, last but not least the latest as head of the Transport Police Inspectorate in Craiova. In 2001, Nicolae Vãduva retired from police forces with the rank of colonel. As long as he worked as a police offi cer he was concerned with improving the level of training and with carrying out some scientifi c research work. Thus, in 1976 he graduated a post-graduated course at the University of Bucharest, specializing in forensic science. In 2001 he got his PhD in law, specializing in the fi eld of forensic science. During 2002-2007 he worked as an assistant professor at the Police Academy “Alexandru Ioan Cuza”, Forensic Department, then he became the head of the forensic science department at the Faculty of Law of the Romanian University of Sciences and Arts” Gheorghe Cristea “Bucharest and the scientifi c secretary of this educational institution. Also, due to his experience and training, he is now the PhD coordinator of the forensic science specialization at the International University of Moldova. He has an important contribution to the founding of the Romanian Journa of Forensic Science (where he is also a member of the Scientifi c Board) and Romanian Forensic Association. Due to the studies and the research made in time on law and forensic topics, he wrote 12 monographs, university courses and treaties and he had published 62 studies, articles, professional articles in journals and volumes, among which we mention the following: ● Expertises, technical-scientifi c fi ndings and forensic medicine expertises, means of proof in criminal proceedings, Ed. Terathopius; ● Legal expertise, Universitaria Publishing House; ● Forensic - tactics, Universitaria Publishing House; ● Forensic methods for crime investigation, Universitaria Publishing House; ● Collection of laws applicable in the fi eld of naval transport, vol. I and II, Universitaria Publishing House, ● Forensic - tactics and methodical training, Universitaria Publishing House; ● The investigation of the crimes stipulated in the new Traffi c Law, Universitaria Publishing House, Craiova; ● Means of evidence in criminal proceedings, Little Star Publishing House; ● Forensic - Tactics and methodology university course, Universitaria Publishing House; ● Forensic - Tactics and methodology treaty, Era Publishing; ● Forensic investigation of the crimes involving fi rearms, ammunition and explosive materials, Little Star Publishing House. Assistant Nicolae Vãduva attended 28 national and international symposiums on forensic science and law, when he made presentations of great scientifi c value.

For the work that he carried out, he was awarded: orders and medals of Romania, diplomas of honor and excellence from Romanian Forensic Association and with other medals or diplomas by some institutions of the state, universities, administrative units, etc. Commemorating his 60 years we wish Mr. Assistant profesor PhD. Nicolae Vãduva health and great success in the activities carried out for the development of forensic science.