Criminalistica0611 en

ROMANIAN FORENSIC ASSOCIATION PRESENT
AT LITERARY FESTIVAL
ASOCIAIA CRIMINALITILOR DIN ROMNIA
PREZENT LA TRGUL DE CARTE
Col. (r.) prof. Horaiu MNDESCU
During the period November 9 - 12th 2011, at the
Cultural Centre of the Ministry of Administration and
Interior was organised the 15th Book Exhibition by
M.A.I. Publishing House.
On this exhibition, several publishing houses and
associations presented juridical, civic, police and
administrative books, published in the last years.
The Romanian Forensic Association along with Little
Star Publishing House Bucharest, general manager
Florin Grejdinoiu, presented on a stand forensic, law and
criminology works, as well as the Romanian Forensic
Journal. On the date of November 11th this year, in the
presence of some forensic experts, university teaching
staff, students and master students, the following works
were launched:
1. Romanian Forensic Journal, editor Romanian
Forensic Association;
2. Preliminary explanations
of the new Criminal Code
(articles 1-52), editor Juridical
Universe,
work
coordinator
univ. prof. dr. George Antoniu,
honoric director of the Institute of
Juridical Researches of Romanian
Academy. One of the authors is
the associate prof. dr. Constantin
Duvac, vice-president of Romanian
Forensic Association.
3. Categories of traces that
form the object of study of forensic
technique,
editor
Romanian
Forensic Association, authors: associate prof. dr. Dan
Voinea, univ. lecturer dr. Constantin Drghici and forensic
expert Ionel Necula;
4. Investigation on site in case of terrorist acts, author
dr. Ion-Cristian Crpineanu, work edited by Mirton
Publishing House Timioara;
5. Frauds and maritime insurances, author dr. Nicolae
Mrgrit, work edited by Little Star Publishing House
Bucharest;
6. Articial intelligence of motor vehicle, judicial
technical expert author eng. Mircea Fierbineanu, work
edited by Little Star Publishing House Bucharest;
7. Forensic road accident, judicial technical expert
author eng. Mircea Fierbineanu, work edited by Little
Star Publishing House Bucharest.
When launching these works,

prof. Vasile Lpdui, general
secretary of Romanian Forensic
Association, presented the stand and
the works launched and emphasized
the evolution of Romanian Forensic
Journal (during the 12 years since
it was founded) and the positive
appraisals formulated on its content
by national and international
specialists. The foregoing works
were commented by: associate
prof. dr. Constantin Duvac, forensic
expert Ionel Necula, dr. Ion-Cristian Crpineanu, dr.
Nicolae Mrgrit, judicial technical expert eng. Mircea
Fierbineanu.
At the end of the manifestation, spoke the univ. prof. dr.
Lazr Crjan, president of Romanian Forensic Association,
who presented positive appraisals on each work launched
and congratulated the authors for their scientic content
and the novelties presented in law and forensic elds.
At the end of the Book Exhibition, the organisers offered
excellence diplomas to Romanian Forensic Association
and to Little Star Publishing House Bucharest.
The organizers were once more at their best and we
address them sincere appraisals and acknowledgements
for the support offered in the popularisation of forensic
works.
Since March 2011 the Romanian Journal of Forensic Science

was passed in B+ Category by the National Board for Scientic Research
in the Higher Education (N.B.S.R.H.E.) - Code 687 (N.B.S.R.H.E.)
The journal is indexed in the international data bases acknowledged
by Panel 4 Social Sciences (juridical sciences) within NCCTDUC
(National Council for Certication of Titles, Diplomas
2
FORENSIC SCIENCE NO. 6 (78), DECEMBRE 2011, VOL. XI
and University Certicates).
THE SCIENTIFIC BOARD
TABLE OF CONTENTS
Pag.
849. INTERNATIONAL FORENSIC CONFERENCE IN ROMANIA
VASILE LPDUI
PANTELIMON BOTIN
857. FORENSICS IN THE PRIVATE SECTOR: THE UK EXPERIENCE
HUGH TAYLOR
860. INVESTIGATING THE DIGITAL TACHOGRAPH AT THE CRASH SITE
MIRCEA FIERBINEANU
863. PROCEDURAL REGULATION OF THE NEW TECHNIQUES
AND METHODS APPLIED IN THE CRIMINALISTICAL PRACTICE
OF THE REPUBLIC OF MOLDOVA AND ROMANIA
GOLUBENCO GHEORGHE
866. THE INDEPENDENT MEDICAL FORENSIC EXPERT
VLADIMIR BELI
868. APPEARANCE AND EVOLUTION OF DACTILOSCOPY (III)
VASILE LPDUI
IONEL NECULA
MIHAI IVANICI
872. CONSIDERATIONS REGARDING THE DIGITAL SIGNATURE
AS EVIDENCE MEANS
ADRIAN CRISTIAN MOISE
874. PROFICIENCY TESTS ORGANIZED BY THE ENFSI AUTOMOTIVE PAINT
WORKING GROUP FOR QUALITY ASSURANCE IN MATERIAL EVIDENCE
CAPITALIZATION
MARIA GEORGETA STOIAN
IULIANA STNEL
GABRIELA IANCULESCU
882. SPECIAL EVENTS AND TERRORISM- HISTORICAL REFERENCES (V)
VASILE LPDUI
888. CYBERCRIME OFFENCES AND THE SPECIFICS
OF THEIR INVESTIGATION PROCEDURE
IONI GHEORGHE-IULIAN
892. MODERN METHODS AND TECHNIQUES FOR IDENTIFYING PERSONS
DUE TO THE VOICE AND SPEECH
ADRIAN IACOB
IOAN LIVIU TUT
894. PHYSICAL-CHEMICAL EXPERTIZE OF THE TEXTILE FIBERS TRACES
CARMEN LUMINIA ENE
LORENA-MAGDALENA SAVU
Romanian Journal of Forensic Science was assessed

and classied by the National Board for Scientic
Research in the Higher Education (N.B.S.R.H.E.)
at the category B+ with the Cod 687 (N.B.S.R.H.E.)
The authors are liable for

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

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

Dacia Avenue no. 55, district 1, phone 021 210.33.44
Typography: Marius Rou
I.S.S.N. 2069-2617
10 RON
CUPRINS
Pag.
849. CONFERINA INTERNAIONAL DE CRIMINALISTIC DIN ROMNIA
VASILE LPDUI
PANTELIMON BOTIN
854. CRIMINALISTICA N SECTORUL PRIVAT EXPERIENA REGATULUI UNIT AL MARII BRITANII
HUGH TAYLOR
860. INVESTIGAREA TAHOGRAFULUI DIGITAL, LA LOCUL PRODUCERII ACCIDENTULUI DE TRAFIC RUTIER
MIRCEA FIERBINEANU
863. REGLEMENTAREA PROCESUAL A NOILOR TEHNICI I METODE APLICATE N PRACTICA CRIMINALISTIC
A REPUBLICII MOLDOVA I ROMNIEI
GOLUBENCO GHEORGHE
866. EXPERTUL MEDICO-LEGAL INDEPENDENT
VLADIMIR BELI
868. APARIIA I EVOLUIA DACTILOSCOPIEI N ROMNIA - (III)
VASILE LPDUI
IONEL NECULA
MIHAI IVANICI
872. CONSIDERAII PRIVIND SEMNTURA ELECTRONIC CA MIJLOC DE PROB
ADRIAN CRISTIAN MOISE
874. TESTE DE COMPETEN ORGANIZATE DE GRUPUL DE LUCRU PENTRU ANALIZA VOPSELELOR DE AUTOVEHICULE
DIN CADRUL ENFSI PENTRU ASIGURAREA CALITII N VALORIFICAREA MIJLOACELOR MATERIALE DE PROB
MARIA GEORGETA STOIAN
IULIANA STNEL
GABRIELA IANCULESCU
882. TERORISMUL I EVENIMENTE DEOSEBITE (V)
VASILE LPDUI
888. INFRACIUNILE DIN SFERA CRIMINALITII INFORMATICE I PARTICULARITILE PROCEDURII CERCETRII ACESTORA
IONI GHEORGHE-IULIAN
892. METODE I TEHNICI MODERNE DE IDENTIFICARE A PERSOANELOR DUP VOCE I VORBIRE
ADRIAN IACOB
IOAN LIVIU TUT
894. EXPERTIZA FIZICO-CHIMIC A URMELOR DE NATUR TEXTIL
CARMEN LUMINIA ENE
LORENA-MAGDALENA SAVU
TO THE ATTENTION OF READERS

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

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

opinions of the authors of articles published
848
The printing approval was given by the editorial chief.

The persons interested could address
the editorial staff for the translation in English language
of each article.
TO THE ATTENTION
OF READERS
Romanian Journal of Forensic Science is available
on journals.indexcopernicus.com
INDEX COPERNICUS INTERNATIONAL
INTERNATIONAL FORENSIC CONFERENCE

IN ROMANIA
CONFERINA INTERNAIONAL
DE CRIMINALISTIC DIN ROMNIA
Col. (r) Prof. Vasile LPDUI
General (r.) Magistrate Univ. Lector Ph.D. Pantelimon BOTIN
Abstract
On 26 and 27 October 2011, the Cultural Center of the Ministry of Interior, has hosted the
International Forensic Conference on New techniques and methods used in criminalistics
organized by the Romanian Forensic Association and the National Forensic Institute within
the General Inspectorate of Romanian Police, in partnership with Romanian University of
Sciences and Arts Gheorghe Cristea and the International Agency for Crime Prevention
and Security Policy.
At the conference were celebrated 10 years since the Romanian Forensic Association
was founded, 25 October 2001, which has over 2,500 members (forensic experts, police,
judges, academics, coroners, master students, students, etc..).
Over 500 people from our country and 25 from abroad have attended the event.
The conference had as its starting point 78 scientic papers, out of which 45 were presented
by experts from academia, academic and scientic research, and several companies that
have as main activity the development of technical means for criminalistics.
The topic under discussion in the Conference was appreciated by the participants and
it contributed to the promotion of views, methods, procedures and specic scientic and
technical means to improve the administration of justice such as to prevent and combat
crime effectively.
Key words: International Conference; new methods and techniques that are used in
forensics; private forensic experts and private forensic laboratories; 10 years after the
founding of the Romanian Forensic Association.
Rezumat
n zilele de 26 i 27 octombrie 2011, la Centrul Cultural al Ministerului Administraiei i
Internelor, s-au desfurat lucrrile Conferinei Internaionale de Criminalistic, cu tema Noi
tehnici i metode care se folosesc n criminalistic, organizat de Asociaia Criminalitilor
din Romnia i Institutul Naional de Criminalistic din cadrul Inspectoratului General al
Poliiei Romne, n parteneriat cu Universitatea Romn de tiine i Arte Gheorghe
Cristea i Agenia Internaional pentru Prevenirea Criminalitii i Politici de Securitate.
Cu prilejul Conferinei s-au srbtorit 10 ani de cnd a fost fondat Asociaia
Criminalitilor din Romnia, respectiv 25 octombrie 2001, ce are n eviden peste 2500 de
membrii (criminaliti, experi, poliiti, magistrai, cadre didactice universitare, medici legiti,
masteranzi, studeni etc.).
La lucrrile manifestrii au participat 500 de persoane din ar i 25 din strintate.
Conferina a avut ca punct de plecare 78 de comunicri tiinice, din care au fost
prezentate 45 de ctre specialiti din domeniile academic, universitar i al cercetrii
tiinice, precum i ai unor rme care au ca obiect de activitate realizarea unor mijloace
tehnice pentru activitatea de criminalistic.
S-a apreciat de ctre participani c tema supus dezbaterii Conferinei a contribuit la
promovarea unor opinii, metode, procedee specice i a unor mijloace tehnico-tiinice
n vederea perfecionrii actului de justiie de natur s previn i s combat ecient
criminalitatea.
Cuvinte cheie: Conferina internaional; metode i tehnici noi care se folosesc n
criminalistic; expertul criminalist privat i laboratoarele private de criminalistic; 10 ani de
la fondarea Asociaiei Criminalitilor din Romnia.
849
From the beginning, the Romanian Forensic Science

Association ght for the modernization of the justice act
and constantly introduces new methods and techniques,
inclusive tactic and investigation procedures. All this
tries and efforts made by the Romanian Forensic Science
Association have the next main objectives: discovering
crimes, identify authors of crimes and nding the truth in
a case.
In the reference time, the Romanian Forensic Science
Association tries to keep up with
the development of the national
and international investigation
methods and techniques and
to make this known within the
14 International Symposiums
and other scientic events
organized.
Also, passing on the
nancial problems, in 2011 the
Romanian Forensic Science
Association together with the
Romanian National Forensic
Science
Institute
within
General Inspectorate of the
Romanian Police organized the
annual International Forensic
Conference with the topic: New
method and techniques used in
forensic science.
This year, at the International
Forensic Conference participate over 500 guests: the Romanian
Forensic Science Associations members, forensic experts
and specialists, law representatives, policemen, academic
professors, magistrates, representatives of forensic medicine,
lawyers, judicial experts, students. Also, at the Conference
take part the chiefs of the Territorial Forensic Services, forensic
experts and specialists of the Romanian National Forensic
Science Institute within General Inspectorate of the Romanian
Police and also from the Territorial Forensic Services.
Participants from foreign countries:
1. Republic of Moldavia:
Univ. Prof. Ph.D. Mihail Gheorghi;
Univ. Conf. Ph.D. Gheorghe Golubenco;
2. United States of America:
Mr. Rich Whittington Manager of SIRCHIE Company;
3. Italy:
Ph.D. Antonio Savino General Secretary of Italian
National Union Arm of Carabineers, director of Arm of
Carabineers Magazine;
Mr. Giancarlo Zecchini Vice-President UNAC;
Mr. Giuseppe di Noto;
Mr. Piero Corradi;
850
Mr. Enerico Santoreli;

Mr. Domenica Lofano;
Ms. Maria Claudia Mereu;
Ms. Michele Falcone;
Ms. Elisabeta Cocolo;
4. Bulgaria:
Diplomatic economist Petar Zdravkov Nenov, president
of International Agency for Crimes Preventions and Security
Politics;
Mr. Svetoslav Zhechev
Forensic
Science
and
Criminology Institute from Soa;
Ms. Lydmila Stavreva
Forensic
Science
and
Criminology Institute from Soa;
5. Great Britain:
Ph.D. Hugh Taylor
Director of Genetic Laboratory;
6. France:
Sandrine Trochu Manager
of MORPHO Company;
7. Czech Republic:
Engineer Ph.D. Hana
Kalabova (ex-Vrbova);
8. Austria:
Mr. Felix Werkowitsch
ATIMEX Manager;
9. Portugal:
Mr. Eduardo Machado.
The Conference Presidium:
1.
Police Senior Quaestor Lucian GURAN, deputy of the
chief of the Department for Public Order and Security within
Ministry of Administration and Interior;
2.
Police Quaestor Ph.D. Liviu Popa General Inspector
of the Romanian Police;
3.
Chief Superintendent Alexandru Tanco, deputy of the
General Inspector of the Romanian Police;
4.
Univ. Prof. Ph.D. George Antoniu, Scientic Honoric
Director of Judicial Investigation Institute Academician Andrei
Rdulescu within the Romanian Academy;
5.
Univ. Prof. Ph.D. Lazr Crjan President of the
Romanian Forensic Science Association, dean of Law Faculty
within Spiru Haret University;
6.
Engineer Ph.D. Univ. Prof. Lidia Cristea Rector of the
Romanian University for Science and Arts Gheorghe Cristea;
7.
Univ. Conf. Ph.D. Dan Voinea, rst Vice-President the
Romanian Forensic Science Association, dean of Law Faculty
within Law Faculty within Titu Maiorescu University Trgu
Jiu;
8.
Police Quaestor Ph.D.. Arion Jnic ignau, VicePresident of the Romanian Forensic Science Association,
General Director of the Anticorruption Department within
9.
Police Quaestor Ph.D. Viorel Vasile, Director of
General Department of Bucharest Municipal Police;
10. Univ. Conf. Ph.D. Constantin Duvac, Vice-President
of the Romanian Forensic Science Association, director within
11. Police Quaestor, doctoral candidate, Gabriel ru,
Vice-President of the Romanian Forensic Science Association,
Director of the National Forensic Science Institute within
General Inspectorate of the Romanian Police;
12. Univ. Prof. Ph.D. Valentin Iftenie National Institute
for Forensic Medicine Mina Minovici;
13. Diplomatic economist Petar Zdravkov Nenov, president
of International Agency for Crimes Preventions and Security
Politics;
14. Col. (r) Prof. Vasile Lpdui, General Secretary of
the Romanian Forensic Science Association, redactor of the
Romanian Forensic Science Magazine.
Also, to the Conference participated university professors
and representatives of law enforcement:
1.
Univ. Prof. Ph.D. Vladimir Beli, reputed forensic
pathologist;
2.
Univ. Prof. Ph.D. Tudorel Butoi, pro-dean of law
Faculty within the Spiru Haret University;
3.
Univ. Prof. Ph.D. Lucian Ionescu, Dimitrie Cantemir
University;
4.
Univ. Conf. Ph.D. Gheorghe Pescu, Dimitrie
Cantemir University;
5.
Univ. Prof. Ph.D. Florea Mgureanu, RomanianAmerican University;
6.
General Mayor (r.) Univ. Lector Ph.D. Ioan
Hurdubaie;
7.
Technical Judicial Expert Mircea Fierbineanu;
8.
Prosecutor Viorel Gheorghe Gavra Prosecutors
Ofce at the Court of Bihor;
9.
Univ. Conf. Ph.D. Gheorghe Alecu, Spiru Haret
University;
10. Univ. Lector Ph.D. Iulian Gheorghe Ioni, RomanianAmerican University;
11. Prosecutor Vasile Teodorescu, Prosecutors Ofce at
the High Court of Cassation and Justice;
12. Prosecutor Vasile Vintilescu, Prosecutors Ofce at
the High Court of Cassation and Justice;
13. Univ. Lector Ph.D. Gabriela Matei, Ecological University
Bucharest;
14. Univ. Conf. Ph.D. Alexandru Pintea;
15. Univ. Lector Ph.D. Constantin Drghici.
Opening Conference allocution was sustained by Col. (r.)
prof. Vasile Lpdui that is the main fondant of the Romanian
Forensic Science Association and the Romanian Forensic
Science Magazine too. This introduction refers to the topic of
the Conference and the main activities organized in the tenyear existence of the of the Association (its will be presented at
the end of the article). In continuation, Senior Police Quaestor

Lucian Guran presented the message of the Minister of the
Administration and Interior, Mr. Traian Iga.
The General Inspector of the Romanian Police, Police
Quaestor Liviu Popa, had also a speech that refers to the
contribution of the Romanian forensic science at the preventing
and combating the crimes and to the image of the Romanian
forensic science at the international level.
Also, they recommended to the forensic experts and
specialists to be more specialized in the scientic investigation
of the crimes because the crimes become more and more
dangerous for our democratic society.
The moderators of the Conference were: Univ. Prof. Ph.D.
Lazr Crjan, Police Quaestor, doctoral candidate, Gabriel
ru and Col. (r) Prof. Vasile Lpdui. All the 45 presentations
sustained within the Conference had an important scientic
fundament and the experts and specialists emphasized new
forensic methods and techniques used for discovering and
establishing the truth in a case and for punishing the authors
of crimes.
851
The participants appreciated especially the following

papers:
1. Critical remarks concerning the Code of Criminal
Procedure Ph.D. Univ. Prof., George Antoniu;
2. The role of forensic science in the United Kingdom of
Great Britain Hugh Taylor;
3. The National Forensic Science Institute at I.G.P.R its
present and future Police Quaestor, doctoral candidate,
Gabriel ru;
4. The contribution of forensics to the security of a
multinational society Giancarlo Zecchini;
5. The national genetic database of the Republic of Bulgaria
and its implementation within the forensics practice Svetoslav
Zechev and Lyudmila Stavreva Bulgaria;
6. Technologies used in forensics challenges and
developments Sandrine Trochu France;
7. Modern techniques for investigating the crime scene in
case of homicide Univ. Prof. Ph.D. Lazr Crjan;
8. Further training for forensics specialists and magistrates
within the forensic science master program at the Romanian
University for Science and Arts Gheorghe Cristea Engineer
Univ. Prof. Ph.D. Lidia Cristea;
9. New techniques and methods used in forensic science in
the Czech Republic Engineer Ph.D. Hana Kalabova (former
Vrbova);
10. Some thoughts on the means of evidence provided for
in the new Code of Criminal Procedure Conf. Univ. Ph.D.
Constantin Duvac;
11. Panoramic 360 technology that gives the view of the
entire crime scene Eduardo Machado Portugal;
12. Thermic desorption coupled with gas, chromatography
and mass spectrometry modern techniques used in describing
judicial evidence Police Chief Superintendent Chemist
Engineer Ph.D. Georgeta Stoian;
13. Gas chromatography and atmospheric pressure
distillation essential techniques in forensics expertise of oil
products Police Chief Superintendent Chemist Engineer
Ph.D. Georgeta Stoian;
14. Fragments from the history of the technical methods
and means used in forensics Univ. Conf. Ph.D. Dan Voinea;
15. Interconnections between forensic and medical
jurisprudence past and present Univ. Prof. Ph.D. Vladimir
Beli;
16. The legal framework regarding the use of the technical

forensic means in the criminal trial Univ. Lect. Ph.D. Gheorghe
Golubenco The Republic of Moldova;
17. The contribution of forensic experts from Cluj to solving
a homicide case Police Chief Superintendent Alexandru
Cnpean;
18. Forensic elements for investigating geological and
botanical traces Univ. Conf. Ph.D. Gabriela Matei;
19. Forensic investigation of illegal migration with the help of
852
police trained dogs doctoral candidate, Chief Superintendent

Crian Mucenic Lzureanu;
20. Experimental research regarding the use of the judicial
entomological method in Romania doctoral candidate Lavinia
Paul;
21. Investigation with the digital tachograph at the scene of a
trafc accident technical judicial expert Mircea Fierbineanu;
22. Forensic considerations regarding the anthropological
expertise of skeleton traces of underage subjects Ph.D.
Mariana Rou;
23. Sketching the crime scene with the help of the
TOUGHBOOK PANASONIC system Police Chief
Superintendent Ion Pleea and forensic technician Rzvan
Maxim;
24. On site investigation in case of re - Police Chief
Superintendent Ion Pleea and Police Subinspector Nicolae
Liviu Ionic;
25. Auricular traces as an alternative to papillary traces
Univ. Conf. Ph.D. Gheorghe Pescu and Police Superintendent
Paul Chende.
During the Conference, references were made to the
practice of private forensic experts both in Romania and at an
international level. The participants showed that, according
to international regulations, a democratic society absolutely
prevents governments from interfering with the court activity
and from imposing any lists of experts to be used by the court,
whether such lists are created by the ministries of justice or
other executive structures or state authorities. In this sense,
particular appreciation was expressed for the steps taken by
Great Britain regarding the privatization of forensic expertise
laboratories, which proved their efciency as expected.
The participants to the Conference made positive
assessments of the activities undertaken in the 10 years since
the set-up by the Romanian Forensic Science Association.
Here are some of its achievements:
1) According to the approval given by the National
Authority for Scientic Research, the Association produced 21
technical and scientic research papers regarding the use of
forensic methods in identifying criminals and in investigating
crimes, some of these, as they took place: identifying the
person according to voice and talking; new methods in the
eld of judicial chemistry, genetic and entomology these
were also appreciated abroad. Also, some forensic scientists
were concerned with improving the techniques and methods
of identifying persons and investigating the crime scene. We
give as an example the scientic research undertaken by Mrs.
Ph.D. Georgeta Stoian, Mr. Engineer Mircea Fierbineanu, by
the following forensic specialists: Nicolae Mesean, expert
Lzu Florin, Police Chief Superintendent Ionel Necula, Police
Chief Superintendent Ion Pleea, Police Chief Superintendent
Musledin Sinan, Ph.D. Constantin Drghici, expert Bdulescu
Ion Aurelian, expert Dobrin George Daniel, Doctoral candidate
Paul Lavinia, engineer Mihai Bnuleasa, Univ. Conf. Ph.D.
Gheorghe Pescu, Ph.D. Adrian Moise and others.
Mr. Nicolae Mesean, from the Prosecutors Ofce at the
Court of Bihor, was awarded by the State Ofce for Inventions
and Trademarks, the patent entitled Device for measuring
distances.
We believe that the National Forensic Science Institute has
become a true center for scientic research.
2) Developing methodologies, procedures and forensic
techniques meant to increase the efciency of judicial activities;
for example:
Crime scene investigation methodology;
Trafc accident and air trafc accident investigation

methodology; terrorist act investigation methodology;
Using traces and other forensic means of evidence in

technical and scientic reports and other expert reports;
Violent crime investigation methodology.

3) 14 international Symposiums were organized on different
relevant themes; between 400 and 600 people took part in each
of these Symposiums.
4) Exhibitions were organized displaying new technical
means used in forensic research and in laboratories; prestigious
foreign companies and Romanian specialists participated to
these exhibitions.
5) Cooperation activities and expertise exchanges with
specialized entities and companies abroad with a view to get
to know and observe the international practice in the eld of
specic technical means and procedures meant to improve
forensic work.
6) 77 editions of the Romanian Forensic Science Magazine
with 125,000 copies. This magazine is also published in the
English language, with the title The Romanian Journal of
Forensic Science. Even since the rst edition of this magazine,
different libraries, state agencies, students and postgraduate
students received about 500 to 600 free copies of each
edition.
It was through the Romanian Journal of Forensic Science
that we succeeded in making ourselves heard beyond the
borders of our country. At present, our forensics school enjoys
a general positive assessment.
7) Forensic departments beneted from free publishing and
dissemination of the volumes that include the presentations
made at 12 international Symposiums organized by the
Romanian Forensic Science Association and the National
Forensic Science Institute within General Inspectorate of the
Romanian Police.
8) In 2006, in accordance with the approval given by
the competent authorities, the Romanian Forensic Science
Association in partnership with the Romanian University for
Science and Arts Gheorghe Cristea and the National Forensic
Science Institute within General Inspectorate of the Romanian
Police set up the Master program in Forensic Science which
proved to be really efcient as the activities undertaken with
the master students were mostly practical applications. The
students dissertation papers presented the conclusions drawn
from the researches carried out with the help of the professors
and experts from the National Forensic Science Institute and
the Romanian Forensic Science Association. Until now, over
400 members of the Association have graduated this Master
program.
9) Different events in the eld of forensics were organized
by some of the county branches of the Association, such as
those in Bihor, Cluj, Timi, Constana, Maramure, as well as

those subsidiaries of the Association that function within the
Ministry of Administration and Interior.
10) At the same time, some forensic experts produced a
series of forensic papers that were appreciated for their scientic
content by the academic and cultural elites in our country, too.
For example, The Forensics Treaty, 5th edition, whose author
is Univ. Prof. Ph.D. Emilian Stancu, was awarded the Simion
Brnuiu prize by the Romanian Academy in December 2010.
Another valuable paper for forensic experts is the one
written by the Police subinspector Florian Lzu from Bihor
County Police Inspectorate, The Forensics Art, which deals
mainly with the topic of making a robot portrait, including some
practical applications.
Other highly scientic books were written by: Univ. Prof.
Ph.D. Lazr Crjan, engineer Mircea Fierbineanu, Univ. Conf.
Ph.D. Dan Voinea, Univ. Conf. Ph.D. Constantin Duvac, Univ.
Prof. Ph.D. Tudorel Butoi, doctoral candidate Police Quaestor
Gabriel ru, Univ. Conf. Pd.D. Gheorghe Pescu, Univ. Conf.
Ph.D. Ioan Hurdubaie, Ph.D. Iancu tefan, Ph.D. Constantin
Drghici, Ph.D. Nicolae Vduva, Ph.D. Gabriela Matei, Univ.
Prof. Ph.D. Tudor Amza, Ph.D. Cristian Crpinean.
The following papers are going to be published: the
Romanian Forensics Dictionary; Judicial Chemistry; identifying
an individual with the help of a description of that individual;
Judicial Ballistics; Judicial Entomology.
At the end of the Conference, Univ. Prof. Ph.D. Lazr
Crjan and Col. (r.) Prof. Vasile Lpdui thanked all the
participants, sponsors and organizers of the event and made
some recommendations for the next event.
The papers presented during the Conference will be
published in the Romanian Forensic Science Magazine starting
with the current edition. The papers will also be published in a
volume in the rst half of 2012.
On the last day of the Conference, the Romanian Forensic
Science Association signed a cooperation protocol with the
Italian National Union Arm of Carabineers. Col. (r.) Prof. Vasile
Lpdui, general secretary of the Association, signed the
protocol for the Romanian Forensic Science Association, and
Giancarlo Zecchini, Vice-President of U.N.A.C. signed for the
latter.
To conclude, we believe that this Conference has gone
beyond the level of a scientic event, and serves as a
summing up of the activities of the Romanian Forensic Science
Association in its ten-year existence. These beautiful years
were marked by awards and diplomas meant to make us recall
this day over the years.
853
CRIMINALISTICA N SECTORUL PRIVAT

EXPERIENA REGATULUI UNIT AL MARII BRITANII
FORENSICS IN THE PRIVATE SECTOR:
THE UK EXPERIENCE
Hugh Taylor, Directorul Operaiunilor Internaionale
ale Laboratorului de Chimie al Guvernului, LGC Forensics,
Londra i Geschftsfhrer, IfB-LGC GmbH, Germania.
Prezentare
susinut
n
cadrul
Conferinei
Internaionale de Criminalistic, Bucureti, 26-27
Octombrie 2011.
Criminalistica n Anglia & Wales
Pn n anul 1990, serviciile de criminalistic din
Marea Britanie erau oferite aproape n ntregime de ctre
laboratoarele de stat prin Serviciul de tiine CriminalisticeSSC (Forensic Science Service-FSS). De atunci
laboratoarele particulare de criminalistic au cunoscut o
cretere pe piaa privat, iar n decembrie 2010 guvernul
Marii Britanii anuna c Serviciul de tiine Criminalistice se
va nchide din martie 2012. ntreaga activitate este acum
transferat de la SSC ctre sectorul privat, iar acest transfer
a fost efectuat n decursul a 6 luni.
De ce a evoluat modelul Angliei & Wales?
Mai nti, din motive politice. Marea Britanie funcioneaz
pe un sistem al economiei de pia liber, unde competiia
este ncurajat. Este considerat un lucru pozitiv ca
autoritatea public s e expus la presiunea competiiei.
De asemenea, guvernele succesive au privatizat aceste
activiti i au mutat serviciile pe ct se poate n afara
sectorului public. LGC este un exemplu n acest sens, ind
o entitate guvernamental pn la privatizarea lui n anul
1996.
n al doilea rnd, din motive practice. Laboratorul de
stat, Serviciul de tiine Criminalistice-SSC, avea monopol
asupra tuturor activitilor i de aceea existau temeri cu
privire la costuri, servicii de proast calitate i lipsa de
receptivitate. n plus, cele 43 servicii de poliie din Anglia
i Wales au fost divizate n funcie de diferitele segmente
de clieni, ecare avnd politici diferite n ceea ce privete
achiziia public. A se evidenia faptul ca aceast lucrare se
refer doar la Anglia i Wales, n Scoia i Irlanda de Nord
existnd diferite proceduri n criminalistic.
Iat cteva date importante din evoluia sistemului
din Marea Britanie:
n anul 1936 se nineaz Biroul Central al

Serviciului de tiine Criminalistice SSC;
n anul 1991 SSC ncepe s perceap taxe clienilor

(nainte fondurile provenind de la guvern);
n anul 1995 se nineaz Baza de Date Naional

ADN - National DNA Database (NDNAD);
n anul 1996 se privatizeaz Laboratorul de Chimie

al Guvernului - Laboratory Government Chemist (LGC);
n anul 2003 Recenzia McFarland a Serviciului de

tiine Criminalistice recomand privatizarea;
n anul 2003 Poliia Metropolitan devine primul

client care va putea participa la licitaie pentru activitile
serviciilor de criminalistic;
n anul 2005 LGC achiziioneaz Aliana

Criminalistic LTD (Forensic Alliance Limited) i va oferi
servicii alternative complete fa de SSC;
n anul 2007 ncepe Proiectul Naional pentru

Achiziii Criminalistice;
854
n anul 2008 este premiat contractul N. Vest/S. Vest

al Serviciului de Criminalistic din Wales (14 fore ale poliiei
n consoriu);
n anul 2010 Cadrul Naional de Criminalistic a

aprobat 13 furnizori de servicii de criminalistic;
n anul 2010 se face anunul prin care SSC se va

nchide ncepnd cu martie 2012.
Servicii oferite de sectorul privat
Folosind LGC Forensics ca i exemplu:
600 de angajai n 8 laboratoare din Marea Britanie

plus 25 de angajai n Germania;
Analize ADN ale petelor din cmpul infracional

(50.000 mostre/an);
Analize ADN ale mostrelor de referin (260.000

mostre/an);
Studii de caz pentru urmele zice i biologice;
Participarea la investigarea la faa locului, ecologie

i antropologie;
Droguri i toxicologie;
Criminalitatea informatic E-crime (telefoane

mobile, calculatoare, localizarea celulei, audio, video);
Arme de foc i balistic;
Amprente papilare;
Cazuri dosare neelucidate Cold cases (cel mai

mare caz neelucidat al nostru a fost identicarea cu ajutorul
testelor ADN a 250 de cadavre recuperate dintr-o groap
comun, datnd din primul rzboi mondial, de la Btlia
de la Fromelles din Nordul Franei, din anul 1916. Au fost
obinute prole ADN complete sau pariale pentru toate cele
250 de cadavre, ulterior reuind s potrivim aceste prole
cu descendenii australieni n via, permind identicarea
pozitiv a peste 100 de cadavre).
Cadrul Naional Criminalistic pentru Participarea la
Licitaie
Cele 43 servicii de poliie au fost organizate n 9 regiuni,
pentru a putea face achiziii colective.
Principalele activiti criminalistice (expertizele) au fost

convertite n coduri, pentru a oferi compatibilitate i pentru
a facilita munca n vederea achiziiilor criminalistice. Pentru
a putea participa la licitaie, infraciunile au fost grupate pe

tipuri, de exemplu ADN-ul probelor ridicate de la faa locului,
droguri etc.
Crearea acestei piee criminalistice private a
funcionat?
Din punctul de vedere al clientului, costurile s-au redus,
intervalul de timp ntre primirea unei sarcini i recepionarea
tuturor rezultatelor s-a redus i nu exist dovezi n diminuarea
calitii. Prin urmare, concluzia general este c sistemul
acesta a funcionat.
De remarcat este aspectul c Serviciul de tiine
Criminalistice a pierdut n detrimentul sectorului privat,
toat activitatea ind transferat ctre aceste laboratoare.
Acest proces a fcut ca poliia s e mult mai contient
de aspectele nanciare (n special n perioadele cu reduceri
severe ale bugetului) i de procedur ale achiziiilor publice.
Ca rezultate sigure au fost dovezile de cretere a contiinei
poliieneti, n unele cazuri cteva fore ale poliiei lund
decizia de a rezolva personal cteva aspecte ale activitii.
Din punctul de vedere al criminalistului, au fost semnalate
cteva preocupri n ceea ce privete lenevirea i
reducerea cunotinelor din domeniu. Exist un sentiment
c, n unele cazuri, omului de tiin i se cere pur i simplu
s efectueze un anumit tipic i c dezvoltarea unei strategii
criminalistice pentru cazul
respectiv nu mai are loc.
Intervalul de timp ntre
primirea unei sarcini i
recepionarea
tuturor
rezultatelor, exprimat n
zile, s-a redus.
Gracul arat reducerea
timpului de rspuns pentru
diferite tipuri de infraciuni,
ntre anii 2000 i 2009, perioad
caracterizat prin introducerea pe piaa criminalistic a unei

mari concurene.
Pentru testele ADN reducerea timpului de rspuns a
fost i mai evident. Pentru majoritatea probelor ridicate din
cmpul infracional sau a mostrelor de referin timpul de
rspuns este de 3-4 zile. n cazul mostrelor ADN n Marea
Britanie nu exist ntrzieri, aa cum exist n Germania sau
n alte locuri din lume.
Extinderea Bazei de date Naionale ADN a Marii

Britanii - National DNA Database (NDNAD)
Programul extinderii Bazei
de date Naionale ADN a
nceput din 1999, dup ce a
fost adoptat legea referitoare
la colectarea i reinerea
mostrelor ADN ale suspecilor.
Pn n 2010, aproximativ
5 milioane de nregistrri cu
caracter personal (dintr-un
total al populaiei de 60 de
milioane) i aproximativ 370
000 de mostre ridicate de la
faa locului au fost nregistrate
855
Communication at the International Conference of Forensic -26 to 27 October Bucharest
Prima licitaie a fost ctigat

n 2008, ultima urmnd s e n
anul 2012. n momentul de fa
exist 13 Furnizori de Servicii
Criminalistice (Forensic Service
Providers) care ndeplinesc
criteriile (e.g. ISO 17025) i sunt
capabili s participe la licitaie.
n Baza de date Naional ADN a Marii Britanii. n timpul

revoltelor londoneze din august 2011, 80% dintre indivizii
arestai au fost regsii n aceast baz de date.
Timpul de rspuns este acum de 3 zile, att pentru
mostrele ridicate de la faa locului, ct i pentru mostrele
de referin. Combinaia dintre o baz de date ADN (care
deine detalii cu privire la cea mai mare parte a populaiei
cu un trecut infracional din Marea Britanie) i un sistem
criminalistic rapid i ecient a avut o contribuie semnicativ
la depistarea i rezolvarea infraciunilor. Infraciunile sunt
depistate mult mai rapid i mai frecvent, iar urmrirea
penal i probaiunea se face cu succes deoarece proba
ADN, n majoritatea cazurilor, duce la condamnare. Ca i
rezultat, infraciunile din Marea Britanie sunt n scdere,
ns populaia din penitenciare n cretere!
Tendinele infracionalitii 2002-2009, Germania v.
Romnia v. Anglia & Wales.
Gracele de mai jos compar tendinele infracionale
din Anglia & Wales i Germania pentru toate tipurile de
infraciuni (stnga sus), omucidere (dreapta sus), furt auto
(stnga jos) i trac de droguri (dreapta jos). n mare,
tendina infracional din Anglia & Wales a fost n scdere
n mod constant. O mare parte a acestui succes a fost
atribuit utilizrii pe scar larg a probelor ADN-ului i a Bazei
de Date Naionale a Marii Britanii. Deoarece probele ADN
sunt rapide i relativ ieftin de procesat, poliia a prezentat
laboratoarelor criminalistice un numr mare de mostre
pentru testare. i, deoarece Baza de Date Naional a Marii
Britanii este mare i foarte bine pus la punct, un numr
mare de potriviri hits sunt regsite i, prin urmare, poliia

este capabil s rezolve crimele rapid, iar infractorii acuzai
cu succes sunt deferii instanei.
Testarea ADN a petelor ridicate de la faa locului:
Germania vs. UK
n Germania, timpul de rspuns pentru laboratoarele
private este de aproximativ 28 de zile, dar, datorit
ntrzierilor, mostrele n mod normal au o vechime ntre 1218 luni pn cnd ajung la laborator. n unele cazuri mostrele
pot avea i o vechime de 3-4 ani.
n Marea Britanie, timpul de rspuns este n mod normal
de 3 zile i nu exist ntrzieri.
Viitorul const n detectarea ct mai rapid
RapiDNA
LGC Forensics dezvolt echipamente care vor permite

recoltarea probelor din cmpul infracional, iar analizarea lor
va executat chiar la locul faptei, prolul ADN va ncrcat
electronic n Baza de Date Naional, toate aceste operaii
executndu-se n mai puin de o or. Primele prototipuri ale
acestui echipament vor date spre testare serviciilor de
poliie din Marea Britanie n urmtoarele 12 luni.
Experiena Marii Britanii pe scurt
Noi credem c s-a reuit crearea unei piee n

criminalistic.
Sectorul privat, care s-a dezvoltat n ultimii 10-15

ani, a fost dispus i capabil s fac munca n activitatea
criminalistic mai ecient.
Ca urmare, costurile i timpul de rspuns s-au

micorat, n timp ce nivelul de calitate s-a meninut.
Combinaia dintre o baz de date mare i rapid i

criminalistica cost - ecient a adus o contribuie major la
reducerea criminalitii.
856
FORENSICS IN THE PRIVATE SECTOR:

THE UK EXPERIENCE
Hugh Taylor, Director of International Operations, LGC Forensics, London

and Geschftsfhrer, IfB-LGC GmbH, Germany
Forensics in England & Wales

Until 1990, forensics in the UK was almost entirely
provided by the state laboratory, the Forensic Science
Service (FSS). Since then, private forensics laboratories
have taken an increasing share of the market and in
December 2010, the UK government announced that FSS
would close by March 2012. Work is now transferring
from the FSS to the private sector laboratories and
this transfer of work will be complete within the next 6
months.
Why did the England & Wales model evolve?
Firstly, for political reasons. The UK is a free
market economy and competition is encouraged. It is
considered a good thing for public bodies to be exposed
to competitive pressures. Also, successive governments
have privatised activities and moved services out of the
public sector where possible. LGC is an example, and
was part of government until privatised in 1996.
Secondly, for practical reasons. The state laboratory,
the Forensic Science Service (FSS), had a monopoly
and there were concerns over high cost, poor service and
lack of responsiveness. In addition, the 43 police forces
in England & Wales were a fragmented customer-base
who all had separate forensic procurement policies.
Note that this paper refers mainly to England &
Wales, as Scotland and Northern Ireland have different
arrangements for forensics.
Some key dates in the evolution
1936 Home Ofce Forensic Science Service

(FSS) laboratories were set up.
1991 FSS began charging its customers

(previously funded from central government).
1995 UK National DNA Database was

established.
1996 Laboratory of the Government Chemist

(LGC) privatised.
2003 McFarland Review of FSS recommended

privatisation.
2003 Metropolitan Police become the rst

customer to tender for forensic science services.
2005 LGC acquire Forensic Alliance Limited, and

offers a full-service alternative to FSS.
2007 National Forensic Procurement Project

started.
2008 N. West/S. West/Wales (14 forces in

consortium) forensic service contract awarded.
2010 National Forensic Framework has approved

13 forensic providers.
2012.
2010 Announcement of FSS closure by March
Forensic services are now available from the

private sector
Using LGC Forensics as an example:
600 staff in 8 laboratories in the UK, plus 25 staff

in Germany
DNA analysis of crime stains (50,000 samples/

year)
DNA analysis of reference samples (260,000

samples/year)
Casework for biology and physical marks &

traces
Attending
crime
scenes,
ecology
and
anthropology
Drugs and toxicology
E-crime (mobile phones, computers, cell site,

audio visual)
Firearms and ballistics
Fingerprints
Cold cases (our biggest cold case was the

DNA proling of 250 bodies recovered from a World War
1 mass grave from the Battle of Fromelles, Northern
France, in 1916. Full or partial proles were obtained for
all 250 bodies and we were able to match these to living
Australian descendents, allowing over 100 of the bodies
to be positively identied).
The National Forensic Tender Framework
The 43 forces were organised into 9 Regions, to allow
collective procurement.
The main forensic activities (tests) converted

into codes, to provide consistency and to make the
857
CRIMINALISTICA N SECTORUL PRIVAT

EXPERIENA REGATULUI UNIT
AL MARII BRITANII
The rst tender was

awarded 2008, with the last
one last due in 2012. There
are now 13 Forensic Service
Providers (FSPs) who meet
the required criteria (e.g.
ISO 17025) and are able to
tender.
procurement of forensic work easier. For the tendering

process, crime types grouped into lots e.g. DNA Crime
Scene Stains, Drugs etc.
Has the creation of a forensics market worked?
From the customers viewpoint, prices have reduced,
turnaround times have reduced and there is no evidence
of reduction in quality. Therefore the overall conclusion
is that it has worked.
greater competition was introduced to the forensics

market.
For DNA, the reduction has been even more evident.
The vast majority of samples for crime stains or reference
samples (DAD) are reported in 3-4 days. There is no
backlog of DNA samples in the UK, as there is in Germany
and elsewhere in the world.
Some other points to note are that the FSS has been
the overall loser, and work has moved from there to
private sector laboratories. The process has made the
police more aware of the nancial aspects (especially in
a period of severe budget cuts) and of the procurement
process. Perhaps as a result, there has been evidence
of increased police in-sourcing, and some forces have
decided to do some aspects of the work themselves.
From the forensic scientists viewpoint, there
have been some concerns over commoditisation
and dumbing-down. There is a feeling that in some
situations, the scientist is simply being told to perform
a certain code, and that the
development of a forensic
strategy for the case is no
longer happening.
Turnaround times have
decreased
The graph shows the
reduction in turnaround
time for various crime
types between 2000 and
2009, the period when
858
The expansion of the UK National DNA Database

(NDNAD)
The
National
DNA
expansion
programme
commenced in 1999, after
legislation was passed that
allowed the collection and
retention of DNA samples
from suspects. By 2010,
around 5m personal records
(from a total population of
60m) and 3 around 70k
crime stain samples were on
the NDNAD. In the August
2011 London riots, 80% of those arrested were found to

already be on the NDNAD.
Crime trends for Germany, Romania and England

& Wales, 2002-2009
The graphs below compare the trends in England &
Wales and Germany for All Crime (top left), Homicide (top
right), Theft of Vehicle (bottom left) and Drugs Trafcking
(bottom right). Overall, the trend in England & Wales
has been steadily downwards. Much of this success has
been attributed to the extensive use of DNA evidence and
the UKs large national DNA database. Because DNA
evidence is quick and relatively cheap to process, the
police have submitted increasing numbers of samples
to the forensic laboratories. And because the national

database is large and well established, a large number of
hits are achieved and hence the police are able to solve
crimes quickly and successfully prosecute offenders in
court.
DNA crime stains: Germany vs. UK
In Germany, the target turnaround time for the private
laboratories is generally 28 days, but because of backlogs
the samples are typically 12-18 months old by the time
they reach the laboratory. In some extreme cases, the
samples are 3 or 4 years old.
In the UK, the turnaround time at the laboratory is
usually 3 days and there are no backlogs.
And the future lies in even quicker detection......
LGC is developing equipment that will allow crime

stains to be taken and analysed at the crime scene, and
for a DNA prole to be electronically uploaded to the
national database, all in less than one hour. The rst
prototypes of the equipment are expected to go on trial
with some UK police forces within 12 months.
The UK experience in summary
We believe that the creation of a forensics market
has succeeded. The private sector, which has grown
over the last 10-15 years, has been willing and able to
do forensics work more efciently. As a result, prices
and turnaround times have reduced, whilst quality
levels have been maintained. The combination of
a large national database and quick, cost-effective
forensics has made a major contribution to reducing
crime.
859
Turnaround times are now typically 3 days or less for

crime stain and reference samples. The combination of
a large DNA database (which holds details of most of the
UK criminal population) and a quick, effective forensics
system has made a signicant contribution to crime
detection and resolution. Crimes are detected more
frequently and more quickly, and prosecutions are more
successful because good DNA evidence usually leads to
convictions. As a result, UK crime decreasing, but the
prison population is growing!
INVESTIGATING THE DIGITAL TACHOGRAPH

AT THE CRASH SITE
INVESTIGAREA TAHOGRAFULUI DIGITAL,
LA LOCUL PRODUCERII ACCIDENTULUI
DE TRAFIC RUTIER
Eng. Mircea FIERBINEANU - Legal technical expert
The Body of Technical Experts from Romania;
Romanian Forensic Association
E-mail: [email protected];
www.expert-auto.ro; www.experts.ro
Abstract
The European Road Transport Agreement no. 516/2006 regulating the maximum
periods of rest for drivers, driving continuously, digitally stored trafc speeds with a digital
tachograph, which replaces the paper chart tachograph that exist on freight cars and buses.
Therefore, for the query of a tachograph, the driver has its own card that has to be worn at
all times in internal and external routes, and the application must submit to the competent
organs of control.
Key words: Tachograph, rest time, Siemens, card, speed.
Rezumat
Prin Acordul European de Transport Rutier nr. 516/2006 se reglementeaz perioadele
maxime de odihn a conductorilor auto, de conducere ncontinuu, vitezele de circulaie
stocate digital cu ajutorul unui tahograf digital, ce nlocuiete tahograful cu diagram de
hrtie care exista pe autovehiculele de transport marf i de persoane. n consecin,
pentru interogarea tahografului, oferul are un card propriu ce trebuie purtat n permanen
n cursele interne i externe, iar la cerere trebuie s-l prezinte organelor competente de
control.
Cuvinte cheie: tahograf, timpi de odihn, Siemens, card, viteza.
The European Agreement on Road Transport

no. 561/2006 regulates the work terms (of driving),
the rest periods of the drivers who perform road
transports and, also, it denes the maximum periods
of driving and the minimum periods of rest of drivers.
The regulation approved by this European agreement
sets forth the rules related to the driving terms, the
pauses and the rest periods of drivers, the speeds and
other driving parameters. This data may be obtained
from the special device digital tachograph.
Until the invention of this technologically advanced
device, it was used the analogue tachograph that was
using paper charts, on which a device was registering
certain driving data. During the movement of the truck,
certain parameters were registered with a rather high
error and which did not present a high safety in the use
of analogue tachograph. The regulation no. 561/2006 is
applied to the motor vehicles that are carrying goods,
having an authorised maximum overall mass, including
the tow or semi-tow, which exceeds 3.5 tones.
The digital tachograph is the equipment meant to be
installed on motor vehicles, in order to display, register
860
and store automatically or semi-automatically details on

the movements of vehicles and certain work periods of
their drivers. In case of a road trafc accident, with deaths
or body injuries, it is obligatory to discharge, maintain
and attach the accident data to the le of nding on site
by the police bodies, trained and who know the operation
of digital tachograph. The digital tachograph presents
the following advantages opposite to the analogue
tachograph: reduces the possibilities of handling the
equipment of registration or corruption of registrations,
optimizes the archiving of registrations, optimizes the
specic activities of control of the competent authorities,
operates safer, the number of mechanisms being
signicantly reduced.
In the European Union are more manufacturers of
homologated digital tachographs, presented in gure
1. After being mounted on the motor vehicle, they
are calibrated by an authorised service of Romanian
Automobile Register. The activation is performed
automatically on the rst introduction of service card
and PIN code. The calibration has as main purpose
the adjustment of the tachograph constant value, the
k factor (impulses/kp) to a value equal to that of the
vehicles constant value, the factor w = [impulses/km],

so the equipment meets the tolerances stipulated by the
regulation.
Fig. 3 Tachograph Stoneridge Electronics

SE5000;
Fig. 1 Equipments of digital tachographs
During the calibration, the following data is introduced
in the memory of digital tachograph: country and
matriculation number of vehicle, type and dimensions of
tyres, the speed set for the delimiter. After being installed,
the calibration activity, it will be applied an installation
plate as follows: clearly visible, easily accessible, xed
on or near the equipment, it will be replaced after each
inspection. The kinds of digital tachographs are presented
in gure 2.
Fig. 4 Tachograph Siemens VDO DTCO 1381;
Fig. 5 Tachograph ACTIA L 2000;
Fig. 2 Kinds of homologated digital tachographs

The installation plate will include the following data:
identication of the workroom, w factor, k factor, tyre
circumference, kind of tyre, date of verication/calibration,
identication number of vehicle.
Fig. 6 Tachograph VDO SIEMENS DTCO 1381;
For homologation, the registration devices and the

tachograph cards must hold: a security certicate, an
operation certicate and an inter-operation certicate.
The manufacturers declare that digital tachograph
cannot be repaired (being encased), only the printer may
be replaced!
Elements of display and command
The digital tachograph registers: data for at least 1
year (daily 256 activities and 6 changes of drivers),
irregularities and events, exceeds of speed, calibration
data. The charts used in case of equipping the motor
vehicle with analogue tachograph are replaced by the
card of driver.
Fig. 7 Introduction of paper in the printer;
861
The cards used are of four kinds, with the same number
of purposes. They have a safety background impressed
which, in the photo area, superposes with it, as well as
coloured ne lines impressed. Due to the same safety
reasons, the cards are manufactured of seven different
layers. The data les are protected by digital signatures
against forgery. The cards used with digital tachographs,
which are of four kinds, are presented in the next four
gures, as follows:
Fig. 8 The driver card is white;
Fig. 9 The company

card is yellow;
languages of the other member states, a number of 16

characters, of which the 15th is the replacement index
and the 16th is the renewing index. On the enterprise,
workroom and control cards, the 14th character is the
consecutive index. The index character has values
ranging between 0 and 9, then from A to Z.
The issuance of cards is performed by the appointed
authorities, by ling an application and the documents
specic to each kind of card, against paying a rate.
Upon the expiration of cards, these are
renewed by ling an application with
15 days before the expiration, on the
contrary, the rate is paid fully. For the
replacement of the lost or stolen cards,
one will present additionally the evidence
of declaring these at the police.
Important: In case of loss, steal or
failure of the card of a driver who is
driving a vehicle equipped with digital
tachograph, the latter will imprint at the
beginning and at the end of each day a
report where he will write the clear name
and he will sign it. These reports will be
maintained at the board of vehicle and will be presented
on demand of authorities. The loss or steal of card will be
declared to the authorities, the evidence following to be
presented on demand of a new card.
Insert of the card in the appliance. The card is always
inserted with the PIN contacts above, towards the interior
of card reader.
Withdrawal of the card. It is allowed only if the vehicle
is stopped and it is performed only after the data is copied
on the card. On withdrawal, it is introduced the location
corresponding to the end of the day.
Manners of operation. The manner of operation
is determined by the kinds of cards inserted in the
tachograph. If no card is inserted, the tachograph runs
operationally. Upon the introduction of the card, the
tachograph checks if the card is valid and identies the
kind of card, this being blocked in the reader, afterwards,
there are introduced manually the activities and the
beginning location. For the operations with tachograph,
it is obligatory to consult and study the instruction book
of the appliance.
Legislation in the eld
Fig. 10 The workroom card is red;
Fig. 11 The control card is blue.

All cards must present the following: the symbol of the
issuing state (printed in a blue rectangle, surrounded by
12 yellow stars), the kind of card (printed in the language
of the issuing state) and, on the background, in the
862
Besides the European Agreement on Road Transport

that approves the Regulation no. 561/2006 which sets
forth the driving rules of motor vehicles for the transport
of goods and persons, there is as well the Governmental
Ordinance no. 37/2007 on the determination of the card
of application of the rules related to the driving periods,
the pauses and the rest periods of drivers and the use of
the appliances of registration of their activity.
There is also the Ordinance no. 21/August 29th
2009 for the amendment and completion of G.O. no.
37/2007. The two Romanian regulations set forth the
contraventions and the nes for the breach of driving
periods, of pauses and of rest periods of drivers.
These sanctions are conceived on European level,
being very high, reaching to the unique quantum of
20,000 new lei and the minimum ne is of 2,000 lei.
REGLEMENTAREA PROCESUAL A NOILOR TEHNICI I

METODE APLICATE N PRACTICA CRIMINALISTIC A
REPUBLICII MOLDOVA I ROMNIEI
Associate professor dr. Golubenco GHEORGHE
International Free University of Moldova Republic
Abstract
The paper promotes the idea that against the background of radical changes in criminal
procedure of the Republic of Moldova and Romania, the basic concept of the application
of scientic-technical achievements in the work of criminal investigation hasnt changed
enough. The author suggests regulating into the procedural law of both countries only the
general principles of admissibility in criminal proceedings of scientic-technical methods
and means without their normative specication.
Key words: scientic-technical methods and means, means of xation, photography,
audiovideo means, technical means.
Rezumat
n lucrare se promoveaz ideea c, pe fundalul unor schimbri radicale n procesul penal
al R.Moldova i al Romniei, conceptul de baz al aplicrii realizrilor tehnico-tiinice n
activitatea de urmrire penal s-a modicat insucient. Se propune a reglementa n legea
procesual a ambelor ri doar principiile generale de admisibilitate n procedura penal a
metodelor i mijloacelor tehnico-tiinice, fr concretizarea lor normativ.
Cuvinte cheie: metode i mijloace tehnico-tiinice, mijloace de xare, fotograa,
mijloace audiovideo, mijloace tehnice.
The forensic arsenal is completed daily with new
techniques and methods where are concentrated the
peak performances of science, determining objectively
as well the need to perfect the procedural regulation
of their application in the activity of investigation of
crimes. The development of legislation concerning
the determination of evidence feels the inuence of
technical-scientic progress, however, it cannot be
reduced to take over mechanically its results. The legal
regulations in this respect are meant to subordinate the
process of using the technical-scientic means to the
general principles of probation, in order to exclude the
application of some uncertain procedures that lead to
the breach of human rights, as well as to provide the
control of the participants to the action of criminal
prosecution over the objectivity of settling the fact
data.
Therefore, we deal with the legality of using the technical
means and the forensic procedures in the activity of discovery
and investigation of crimes. The existence of a legal base
in this respect represents a guarantee of fullment of the
principle of legality. By the legal base of application of the
techniques and methods of criminal prosecution, one must
understand a system of principles and rules formulated by
law, as well as the deeds based on law, that set forth the
conditions of admissibility, the content, purpose and order of
application of these means and procedures by the criminal
prosecution bodies and courts [1, p. 206].
The main normative acts that regulate the use of

technical means and of tactic procedures in the activity of
criminal prosecution of Moldova Republic and Romania are
such Codes of criminal proceedings (CCP). The norms of
these laws as well as of other departmental deeds regard
the indications related to the use of some technical means,
the purpose and the order of application, as well as some
rules of valuation of the results of using these means.
Unfortunately, the basic concept of application of technicalscientic performances in the current criminal trial, in terms of
some radical changes in the eld, is practically unchanged.
It is obvious that both procedural-criminal law and the
deeds that rely on law cannot outline an exhaustive list of
means and procedures that may be applied hypothetically in
preventing the criminality. Much more to include indications
related to the order of application of these means, methods
and procedures.
However, in the procedural legislation of Moldova
Republic and of Romania, it is attempted to be presented
such enumeration and, indeed, it is rather uncertain, to a
great extent formal (see table no. 1 and no. 2).
It may be seen in both tables that the procedural regulations
are to a great extent reduced only to the enumeration of some
means of xing the probative information, being ignored the
means of detection and reveal of different criminal traces,
chemical reagents etc. Some articles include only general
dispositions, for instance, one may use different technical
means, without expressly mentioning them (art. 123, 128,
135, 156 of CCP Moldova Republic; art. 140, 168, 178 of the
863
PROCEDURAL REGULATION OF THE NEW

TECHNIQUES AND METHODS APPLIED IN THE
CRIMINALISTICAL PRACTICE OF THE REPUBLIC
OF MOLDOVA AND ROMANIA
Table no. 1 - Technical-scientic methods and means admitted or stipulated obligatorily by CCP of Moldova
Republic during the performance of the actions of criminal prosecution
Technical methods and
means
No.
Actions of criminal
prosecution
Photography
Audio
registrations
Audiovideo
registrations
Drafting
the sketch, Shoot- Measuredrawings,
ing
ment
charts
Performance
Different
of moulds
technical
and patterns
means
of traces
1.
Special means of hearing the

witness and his protection
art. 110 (7) [2]
2.
Verication of the statements

on crime site art. 114 (5)
3.
Presentation
for acknowledgement [3]
art. 116 (3)
4.
Presentation for
acknowledgement [3]
art. 116 (3)
5.
Investigation on site
art. 118 (3)
6.
Reconstitution of fact
art. 122 (1)
7.
Experiment in the procedure

of criminal prosecution
art. 123 (2)
8.
Search art. 128 (8)
9.
Interception of
communications
art. 135 (1)
10.
Drafting and presentation

of the report by the expert
art. 151 (3)
11.
Collecting the samples

for comparison investigations
art. 156 (3)
new Romanian CCP).

Investigation on site art. 118 (3), reconstitution of
fact art. 122 (1) of CCP Moldova Republic stipulate the
application of some means morally exceeded, archaic, which
are no longer used in practice (lm), not being mentioned the
audio-video registrations. In fact, these norms indicate only
the procedures by which these methods and means must or
may be applied (photography, measurement, execution of
moulding the traces etc.).
Although the procedural-criminal law of Moldova Republic
and of Romania do not stipulate, with some exceptions (art.
110, 116 of CCP Moldova Republic; art. 110, 129 of the
new Romanian CCP), the obligatory use of these methods
and means during the investigations, the practice demands
imperatively the fullment of more severe conditions, mainly
when dealing with the technical xing of crime traces and
of the states of fact, the performance of measurements, of
photos, of audio-visual registrations of driving and of the
results of some actions of criminal prosecution.
Pursuant to the analysis of these legislative disposals, a
range of questions appear: When examining or exhuming
the corpse (art. 120, 121 CCP Moldova Republic; art. 186
Romanian CCP) is there applied the audio-video registration
and other technical means? On body search or pick up of
objects and documents are there used detection equipments?
Isnt equally demanded a rm technical-forensic assistance
on body search, on confrontation or when performing other
actions of criminal prosecution?
Strictly speaking, if we are leaving from the principle
stipulated in the criminal eld, that it is admitted only what
is expressly stated by law or what does not breach the
legal norms, during such actions of criminal prosecution,
864
the technical-forensic means cannot be applied since

they are not stipulated in such articles. It seems that these
omissions are simple defects of legislative techniques,
however, we believe that this state of things denotes rather
the imperfection of the manner of approaching the issue.
In the procedural law, one tries to enumerate restrictively
the technical means that must be used obligatorily or those
admissible during the criminal prosecution.
It is obvious that any attempt to formulate in a legal norm
or in a system of norms a full list of the technical means
or of tactical procedures that may be presumptively applied
during the criminal prosecution is foreordained to failure.
Being a reply to the state of science and to practice on a
certain moment, this enumeration, considering that the
development of science and technique is always ascending
and cannot be stopped, it will always determine the condition
of previous day since the elaboration of this list. Even in
terms of legislative technique, it is impossible to include in
law such volume of means and procedures that may be
applied hypothetically or the situations when an appliance
or another must be used. Eventually, the application of
forensic technique is specic not only to some actions of
criminal prosecution but also to the process of discovery
and investigation of crimes on whole.
Leaving from this, we support the idea already presented
in the specialised literature [1, p. 207] of preguring in
the procedural-criminal law only the general principles of
admissibility in the criminal procedure of technical-scientic
methods and means without materializing them in law, which
would provide the justices possibilities to take over the
recent performances in the eld of science and technique
and to use them according to the principles formulated with
Table no. 2 - Technical-scientic methods and means admitted or stipulated obligatorily by the new
Romanian CCP, adopted by Law no. 135 of 1.07.2010
Technical methods and means
No.
Actions of criminal prosecution
Photography
Audio
registrations
Audiovideo
registrations
Drafting
the sketch,
drawings,
charts
Technical
means
Noting the statements art. 110 (5) [4]
Manner of hearing the aggrieved person art. 111 (4)
Noting the statements (art. 123) (2) [5]
Measures of protection disposed during

the judgement (art. 127) (d)
Hearing of the witness protected (art. 129) (1)
Identication of persons art. 134 (6)
Identication of objects (art. 135) (3)
Procedure of issuing the mandate of technical

supervision (art. 140) (5)
Performance of domicile search (art. 159) (19)
10
Measures related to the objects and writs picked up

(art. 162) (2)
11
Informational search, access to an informational

system (art. 168) (10)
12
Expertise report (art. 178) (4b)
13
Protocol of investigation on site or of reconstitution

(art. 195) (2)
14
Photography and taking the ngerprints of suspect,

defendant or of other persons (art. 196) (1)
15
Detention (art. 209) (12)
a view to settle the actual causes.

Generally speaking, these criteria will concern the noncontradiction of the means used in the spirit of law, namely
they will correspond to the legality and ethical exigencies that
exclude the offence, the inhuman or degrading treatment of
persons.
More than that, the acknowledgement of the fact that a
scientic means may be admitted in the criminal prosecution
will be marked as well by the following reasons:
Its inoffensive character for the environment, health

and life of the persons that use it or to which it is applied
The process and result of use will be determined,

followed and appreciated fully by the prosecution body
The reliability and efcacy of the methods and

means used, elaborated and (or) validated by the competent
scientic bodies
We believe that would be logical and easier to perceive if
the legislative dispositions in this respect would be stipulated
by an article focused mainly on this issue.
Such article, valid for the legislations of both countries,
would be entitled Application of technical-scientic methods
and means in the criminal prosecution, with the following
content:
(1) During the performance of these deeds of criminal
prosecution for the discovery, xing and pick up of traces,
of other evidence as well as with a view to determine their
connection with the criminal event, one may use technical
means of photography, audio-visual registration, calculation
technique, detection appliances, chemical reagents, one
may draft sketches, one may perform moulds and copies of
traces. The use of technical means, scientically validated,
is admitted only if they are inoffensive for the environment,
health and life of persons.
(2) Before applying the technical means, the participants
to the act of criminal prosecution are announced in this
respect and, at the end of the actions performed, they are
proved the effects of applying these means.
(3) The use of technical means is noted in the protocol of

the act of criminal prosecution, being stated the kind, their
technical parameters, the purpose, the place and conditions
of application, as well as the results obtained.
The existence of such article would remove the need
to enumerate repeatedly, sometime controversially, the
technical methods and means admissible or obligatory in
different articles of the Code of criminal proceedings.
Indeed, the settlement of this issue in the actual situations
cannot be entrusted to the criminal prosecution body or
to the court. In order to exclude from here the element of
subjectivism, we believe that it is necessary that a certain
competent body, liable to promote the technical-scientic
policy in the activity of combating criminality, decides
objectively the admissibility of using some or other technicalscientic means and methods in the criminal procedure.
Bibliography and notes:
1. de copiat din materialul trimis ( este in lb rusa) !
2. The application of video registration when hearing the
witness under the conditions of art. 110 CCP of Moldova Republic
is obligatory. The video cassettes on which were registered the
statements of witness, sealed with the seal of the institution are
maintained in original at the court with the copy of the protocol of
statement.
3. The application of photography on the acknowledgement of
persons according to art. 116 CCP of Moldova Republic is obligatory.
The photos of the person presented for acknowledgement and of
the procedural assistants are to be attached obligatorily to the
protocol.
4. The application of audio or audio-video technical means
in terms of art. 110 CCP of Romania is obligatory. When the
registration is not possible, this is noted in the statement of the
suspect or respondent, by actually indicating the reason of the
impossibility of registration.
5. The hearing of the witness is registered by audio or audiovideo technical means if the criminal prosecution body considers
it necessary or if the witness expressly demands this and if the
registration is possible.
865
THE INDEPENDENT MEDICAL FORENSIC EXPERT

EXPERTUL MEDICO-LEGAL
INDEPENDENT
Prof. univ. dr. Vladimir BELI
Abstract
The independent medical forensic expert institution
is established in criminal law (see Article 172 of the
new Criminal Procedure Code) approved by the
Romanian Parliament, thereby ocializing the parties
right to have an forensic expert. This right is also
reected in the present Criminal Procedure Code.
As such the parties expert is entitled to express
an independent expert opinion, different from the
ofcial expert, and suggesting that he would violate
the conduct rules of forensic practice for mercantile
reasons, disregarding the scientic truth only to
favor the person who asked him to provide forensic
assistance, is equivalent to a presumption of guilt of
the independent expert.
The forensic expert who, disregarding the ethical
principles of forensic practice seeks by all means,
using unscientic arguments to favor one party, is
automatically eliminated from the profession, regardless of its ofcial quality or not.
Recognising the role of the independent expert, the principle of equality of arms in
forensic proof administration is respected and does not mean a dissolution attempt of the
forensic institution.
Key words: independent medical forensic expert, ethical principles, new Criminal
Procedure Code, equality of arms principle.
Rezumat
Instituia expertului medico-legal independent este stabilit n legislaia penal (vezi
articolul 172 din noul C.P.P.) aprobat de Parlamentul Romniei, prin aceasta statundu-se
dreptul prilor de a avea cte un expert. Acest drept se regsete de altfel i n actualul
C.P.P.
Ca atare, expertul prii are dreptul s-i exprime o opinie expertal independent, deci
diferit de cea a expertului ocial, iar sugerndu-se faptul c acesta, din motive mercantile,
ncalc regulile deontologice ce stau la baza practicii medico-legale, nesocotind adevrul
tiinic numai pentru a-l favoriza pe cel care l-a solicitat s-i ofere asisten medico-legal,
echivaleaz cu prezumia de vinovie a expertului independent.
Expertul medico-legal care, nesocotind principiile etice ale practicii medico-legale,
dorete cu tot dinadinsul, printr-o argumentaie netiinic, s favorizeze una din pri se
autoelimin din profesie, indiferent de calitatea ocial sau nu a acestuia.
Recunoscndu-se rolul expertului independent se respect principiul de drept al egalitii
armelor n administrarea probaiunii medico-legale i nu semnic o ncercare de disoluie
a instituiei medico-legale.
Cuvinte cheie: expertul medico-legal independent, principii etice, noul Cod de Procedur
Penal, principiul egalitii armelor.
s shown many years ago, in an editorial published in the Journal of Legal

Medicine, legal medicine work, very
complex, is in compliance with various categories of rules to ensure the
optimal realization of the objectives that stand before this specialty, in different types of expertise.
866
Performed by specialists, medico-legal expertise is

ultimately a social work so that it is incumbent upon
society to ensure, through specialized institutions
(medical and legal), as any legal medicine activity to
result in compliance with the requirements of scientic endeavor. The rule that directs legal medicine
work cant be materialized unless it is the extension
of a fair judicial act. Therefore, in carrying out various

phases of legal medicine expertise is required on the
one hand to respect the methodological norms governing the activity of this specialty, and on the other
hand its foundation on a scientic grounds.
These thoughts were raised by a recent article
published in No. 4/2011 of the Romanian Journal of
Forensic Science, destined, in the authors opinion,
to discredit the notion of independent medicolegal expert that I was speaking about in a paper
published this year in the Palace of Justice.
The article, written in a valuable style, characteristic
to a particular school (minus the end, which wants to
be funny, but it is embarrassing), seems it doesnt
take account of certain realities arising from today
socio-legal developments, but, even stranger, nor
the criminal legislation in force.
Let me explain. Article 120 paragraph 3 of the Code
of Criminal Procedure provides that parties are warn
that they have the right to request appointment of an
expert recommended by each of them to participate
in the expertise. In Article 122, paragraph 2 of the
Code of Criminal Procedure is stated when exist
more experts shall be made a single report. If there
are differences of views, the separate opinions are
recorded in the report or in an annex. The same
provisions are retained and detailed in the new
criminal legislation (see art. 172 of the new Code of
Criminal Procedure).
To these legislative provisions, the party expert
is entitled to express an independent opinion (so
different) to another (or other) experts and to submit
it to the law enforcement agency. This was the sense
that I gave when I called the expert chosen by a party
in the proceedings independent expert, especially
when the new Code of Criminal Procedure enters
and establishes this category of experts.
In the Symposium Forensics The Third
Millennium held on 19 April 2000, Dan Dermengiu
and Valentin Gheorghiu have presented the paper
Fundamentals of the expertise work in Romania,
which shows, and I quote: The body of expert on
levels of competence is organizing, from which
interested parties may require, with payment in
the form of fees, legal medicine doctors or other
specialist to assist the ofcials appointed for some
legal medicine work. This provision is in line with
Decision 143 of 5 October 1999 of the Constitutional
Court which provides that at forensic and legal
medicine expertise will be mandatory the participation
of recommended experts, fact that legitimates the
constitutional right to defense.
Moreover, the distinction between ofcial and
chosen expert is more than formal, given that they
(in principle) the same preparation, and anyway, in
terms of ethics, they must respect the same rules of
conduct underlying the practice of legal medicine.
As such, suggesting that the party expert violates
these rules when, from mercantile reasons and even
against scientic truth, the expert expresses an
opinion solely for the purpose of favoring the one
who called to offer forensic assistance, this equals

with the presumption of guilt. You wonder why
only the chosen expert can support a scientically
opinion that favors one of the parties in the trial and
the ofcial expert cant? And then, from where came
this change to one hundred and eighty degrees of
the above-cited authors opinion to the independent
expert institution?
The expert chosen by the party primary shall take
cognizance of all medical and forensic materials in the
case le and only if it considers that the conclusions
of the forensic report prepared by the ofcial expert
(experts) are not taken into consideration all medicolegal elements that could lead to other conclusions,
may undertake to express a different opinion.
Medico-legal bodies or justice may decide, based
on the scientic argumentation presented, which of
the two views is correct. The forensic expert who,
disregarding the ethics of forensic practice, wants at
all costs, by unscientic argumentation to favor one
party is eliminated from the profession and in this
serious situation can occur regardless of the expert
quality (ofcial or not).
Suggesting that I have preached the institution
of independent medico-legal expert by idiolalia
(speech disorder consisting of unintelligible
pronunciation of words), is implied, wrongly, that
I induce the idea of liberalization of medicolegal work and as such I would contribute to the
dissolution of the ofcial medico-legal institution.
Everything that comprises the essence of the
article published in the No. 4/2011 of the Romanian
Journal of Forensic Science is at odds not only
with my whole activity of over half a century in the
service of legal medicine, but also with the new
C.C.P. which will enter into force. It is sad for me
when I see some former students, whom I have
learned as good I could to love medico-legal science
that accuse me of alliteration (repetition of sounds
or syllables in states of strong mental excitation)
or that I tend to destroy everything Ive built during
my career. However its still good that they nally
believe that with a Apollonian glimmer (sic) I shall
return to better feelings towards the legal medicine
institution, although, in fact, Ive never left it, even if I
quit attending meetings of the Superior Commission
(not because I singled out, but on good grounds,
which are known by the members of this committee).
And the fact that, say the authors, I am still the
president of the Romanian Society of Legal Medicine
has a slightly lugubrious tone, if we think that in this
position I was elected president for life in 1992. As a
matter of fact I no longer hold this position, but that
of founding president, which is a historical truth
that cant be removed.
In conclusion, the entire content of the article
which appeared in issue no. 4/2011 of the Romanian
Journal of Forensic Science seems unjustied and
obsolete, as the institution of independent forensic
expert is enacted by the new criminal law, approved
by the Parliament for over a year, so that I cant
stop asking myself about the real motivation of the
occurrence of this article.
867
APPEARANCE AND EVOLUTION

OF DACTILOSCOPY - (III)
APARIIA I EVOLUIA DACTILOSCOPIEI
N ROMNIA - (III)
Col. (ret.) prof. Vasile LPDUI
Police Chief Superintendent, forensic expert, Ion NECULA
Police Chief superintendent Mihai IVANICI
Abstract
This article continues the presentation of dactyloscopy evolution at national and
international levels and the concerns renowned specialists in this eld - the classication,
laying down principles and practical solutions regarding dactyloscopic identication of
persons.
Key words: dactyloscopy, dactyloscopic identication of persons.
Rezumat
n acest articol se continu prezentarea evoluiei dactiloscopiei la nivel naional i
internaional i a preocuprilor specialitilor consacrai n acest domeniu de clasicare,
de stabilire a unor principii i soluii practice n ceea ce privete identicarea dactiloscopic
a persoanelor.
Cuvinte cheie: dactiloscopia, identicarea dactiloscopic a persoanelor.
Due to the results obtained by applying the two
dactyloscopic classication systems, Henry in England
and Vucetich in Argentina, the last two countries worked
by anthropometric method since 1914, namely France
and Romania, have renounced anthropometric system
and adopted the new dactyloscopic system, with the
notice that before 1914 prisons in our country harvest at
anthropometric records papillary impressions of the ten
ngers of prisoners and to submit to the Directorate General
of Prisons, where they were only classied alphabetically.
In fact, in 1914, prof. physician Nicolae Minovici submit in
court rst dactyloscopic expertise ordered in a case of theft of
money and jewelry, stolen from a cash safe committed between
27 - 31 August, 1914, in Bucharest, expertise conducted by
Nicolae Episcopescu, head of Identity and photo Service within
Prefecture of Municipality Police, who has specialized in this
eld in Paris and Rome. Later, in Constanta, it was set up a
dactyloscopic identication unit.
In the same year emerged in Craiova, the work Dactyloscopy
or identication through digital ngerprints from hands by
Nicolae D. Calinescu, prefaced by Nicolae Minovici, being the
rst work of its kind in Romania and one that opened the way
for valuable specialists: Valentin Sava, Constantin Turai, Ion R.
Constantin etc.
Being a successor of the work of the renowned physician
Andrei Ionescu, physician Valentin Sava, as a head of the
Central judicial identication Service, in 1929 took over, from
the General Directorate of Penitentiaries, a real collection of
recidivist offenders, approximately 300,000 records gathered
for 20 years.
It was also decided to send to all prisons dactyloscopic
record of each prisoner at the Central judicial identication
Service within the Palace of Justice.
In 1929 was founded the rst technical and scientic police
service that gives importance in organizing identication of
offenders with regard to the traces from crime scene, as one
primary side of dactyloscopy.
868
So, it may say that starting with 1929 in Romania there was
a central ngerprint database record with data and information
on criminal history of the persons judged by the judiciary, with
the notice that they were not included in this record, people
investigated at large.
By Decree No. 2432/1929 published in Ofcial Journal
no. 159 from 29.06.1929 endorsed Law for the organization
of the general state Police, which regulates the existence of
ngerprint records at the police, where were ngerprinted and
those investigated at large. This record emerged also at each
county court, at that prosecution ofce, under the generic name
of Criminal record and judicial identication ofce.
Physician Valentin Sava proposed in 1930 that the
county prosecution ofces to prepare ngerprint cards for all
investigated both at large and in preventive custody, aspect
made since 1932 when the central record came into existence,
and starting with 1936 criminal record was organized based
on ngerprint cards with digital and palm impressions, being
issued also a Functioning regulation of the criminal record and
identication service.
A special merit in the development of dactyloscopy in our
country had after 1931 physician Constantin Turai, renowned
criminologist, chief of the Fingerprint cards and records Ofce
within Judicial police Service in Bucharest Prefecture Police,
who elaborated outstanding works such as Elements of
police technique dactyloscopy, ngerprint record, criminal
identication le, dactyloscopic expertise, Elements of
criminology and criminal technique.
Based on a documentation in Germany where dactyloscopy
reached a high level of perfection thanks to Robert-Heinde,
physician Constantin Turai organized in 1937 the rst single
ngerprint collection, a higher form for using dactyloscopy in
order to identify authors after their traces left at crime scene,
which play the single print form and the principles of single
ngerprint record, as were designed in 1935.
Later it was found out that it was necessary to have a single
national record of offenders, so that starting with 1952 was
created a unique criminal record with data from the accusation
to the execution of punishment, organization and functioning

form, which supported further improvements by Law no. 7 from
12 April 1972 and Law no. 290/2004.
In applying dactyloscopy in the registration process of
criminal offenders, for identifying recidivists was addressed
also the identifying offenders on the basis of ngermarks left
at crime scene.
In this respect, it is recorded in the archives of the Romanian
judicial system that in 1943, based on ngermarks, was
discovered a serial killer, in the person of ION SIRCA.
To prepare professionals in the eld of dactyloscopy, in
1943 physician Valentin Sava has developed a series of works,
such as Dactyloscopy serving justice, A page from the history
of dactyloscopy and Dactyloscopy course book.
1948 marks an important moment for the Romanian school
of forensic science, that the forensic discipline became learning
object at law schools, the rst steps in this direction were made
since 1904, when physician Nicolae Minovici request to the
professors` board of the Law School in Bucharest the permission
to hold legal medicine lectures at this college, including also
important forensic elements.
In 1951, conf. univ. Camil Suciu, PhD., delivered the rst
Romanian forensic science lectures to the students of the Law
School in Bucharest and in 1963 developed the rst course
book of forensic science, and then, in 1972, emerged his rst
teaching book named Forensic science.
In 1956 was founded the Forensic Science Institute within
General Prosecution Ofce with local forensic practices, and
in 1958, Central Laboratory for forensic expertise attached to
Ministry of Justice, with two laboratories in Bucharest and Cluj.
Forensics has accomplished important role in contributing
to the administration of justice in Romania and by reorganizing
the former Technical and scientic police Service in 1968, when
it was launched the Forensic Science Institute within General
Inspectorate of the Police (Militia - at that time), headed for
10 years (1976-1985), by a titan of Romanian forensics,
post-mortem general physician Ion Anghelescu, under his
coordination was published the

monumental work Practical
guidebook on forensics in
5 volumes, addressing one
of the key areas and that of
identify criminals, persons and
bodies with unknown identity,
and also the reference work
Dactyloscopy.
With the establishment
and development of the
Forensic Science Institute
within General Inspectorate
of the Police, on the basis
of the results of scientically
research in the eld conducted
by Romanian forensic experts,
were organized and improved
the identifying card index boxes
of the offenders and material
means of evidence.
Regarding the dactyloscopic
identication of a person, it
may speak about a Romanian
organizational
system
of
ngerprint le and single
ngerprint collection, Romania
being appreciated in the time
period between 1976-1980 as
a third world country from the
point of view of advanced stage
in dactyloscopic classication
and coding.
Thus, in 1976 at the
Romanian
Academy,
within the framework of the
Communication
scientic
session in the eld of robotics,
colonel (ret.) engineer Sorin Alexandru Ionescu presented
a communication on the early development of technical
dactyloscopic examination and identication means of the
person.
In 1976, physician Ion Anghelescu presented a
communication at INTERPOL on scientic processing method
of papillary trace in Romanian forensic science.
In the criminal record system in Romania was developed a
three-part classication:
recording the criminal history;
identifying card index boxes of the persons and

bodies;
identifying card index boxes of the material means of

evidence.
In turn, the identifying card index boxes of the persons were
split into:
identifying card index boxes of the persons by modus

operandi (1979);
identifying card index boxes of the bodies (persons)

with unknown identity and missing persons;
identifying card index boxes of the persons by voice

and speaking (product of the Romanian school of criminology)
identifying card index boxes of the persons by writing

(writing mapping system and working formula, patented at the
State Ofce for Inventions and Trademarks no. 68 844 from
11.09.1975 by C. Scanteie and I. Constantin).
Single ngerprint and tenprint dactyloscopic classication
and sub-classications in Romania concerned a number of
renowned forensic experts, recalling here Ilie Vasiliniuc, Ion
R. Constantin, Mihai Moroanu, Ion Vicol, Vasile Matache,
Alexandru Boerescu, Constantin Simion, Corneliu Panghe,
Sima Soa etc., developing papillary drawings coded symbols
from the ten ngers, depending on the types, subtypes and
written varieties in formulas due to the letters and numbers.
The criteria behind establishing the digital papillary drawings in
869
5 basic types: arch (adeltic), loop (monodeltic), whorl (bideltic),

combined (polideltic) and amorphous, have been determined
by some aspects of papillary design and the particularly by the
number and position of the delta in comparison with the central
region (core).
In parallel, it was set up at central level, at the Forensic
Science Institute, but also at local level, at territorial forensic
services, the ngermarks card index box. Likewise, it should
also be noted that the Forensic Science Service within
Bucharest Municipality Police has patented at the State Ofce

for Inventions and Trademarks pillary palmmark card index
box.
Dactyloscopic pillary palmmark card index box was
organized on three classication criteria, according to:
hand from they are coming, those from the right hand
are marked with the letter D and those from the left hand with
the letter S;
palm regions from which are they becoming - I (ngerpalmar region), II (hypothenar region), III (thenar region);
features that have a papillary design in a region of the

palm or in another, taking into account the types, subtypes and
varieties of the papillary drawings.
Constant updating with ngerprint cards, ngermarks and
manually examination of those in traditional dactyloscopic card
index box, using magnier glass or some less advanced optical
instruments, made in time to diminish the efciency required in
these activities.
Increasing number of specialists in dactyloscopy, of
ngerprint methods and means for the ngermarks, the efforts
to improve the overall activity, as well as the diversication of
classication formulas meant only small steps in this area.
With all the training, the human factor was outweighed by
the amount of data - papillary traces and ngermarks - what
to be compared, established itself in this area an automatic
system which nally achieved through years of study and IT
research applications in the eld of dactyloscopy.
Diversication of the search methods and ngerprint methods
and means allowed wider exploitation of all media types, along
with training forensic specialists, lead to an increased number
of traces/ngermarks left at crime scene. Paradoxically, this
was not reected professionally in the nal identication.
Another signicant element was ngerprinting, for
ngermarks card index box, of the fragments of digital marks or
palm marks, whose recovery by exploiting traditional card index
boxes, do not relate to ideal situations that are found suitable
the center or delta papillary design.
These considerations have led both globally and nationally,
to establish the identity of persons and identifying people who
have left traces in the criminal eld, after long periods of time
from the date of the facts, in some cases, the authors have
even died in this period.
870
Certainly it can be said that joint studies of the specialists

in dactyloscopy and those in IT have resulted in the creation
of automatic identication systems of digital ngerprints since
period 1975-1980.
Studies on the development of an electronic device for
capture, storage and dactyloscopic coding of the core and delta
of the papillary designs registered in the central single ngerprint
collection, using an IT system called FILM DATA, by which is
meant storage and encoding of the papillary drawings image
at photographic microlms, have been carried out since 1977
by forensic specialists within Forensic Science Institute led by
colonel (ret.) engineer Sorin Alexandru Ionescu, but continued
efforts of the professionals to investigate and to improve the
application with the development of IT technology for almost
10 years, could not be materialized only for a short period of
time due to limited technological possibilities at that time; the
encoding application set sights on 9 dactyloscopic subtypes,
being used on a small area as an area and population, the type
of land in Germany, and not a number of inhabitants as one of
Romania`s.
The scientic basis and feasibility of such an automated
system in the eld of dactyloscopy were analyzed and, during an
exchange of experience made at that time between Romanian
forensic experts and specialists from Germany, after that the
German specialists managed the implementation of a matrix
processor for encoding and automated classication.
Countries that continued research begun during the 70s
and 80s have gathered valuable results in the development
of automatic identication systems: U.S.A. (PRINTRAK,
COGENT), France (MORPHO - SAGEM), Japan (NEC),
Germany (DERMALOG), Russia (DEC).
1985 marked the emergence of Judicial identication
Service within Forensic Science Institute, with dened
objectives on the line of organization and efcient use of single
ngerprint and tenprint collection, ngermarks card index box
and anthropological card index box. Also, a primary task was
the coordination at territorial level the organizing work of the
local tenprint collection, recovery papillary traces, training
dactyloscopic specialists and monitoring forensic activity.
Post-revolution efforts of the Romanian Police and the
Forensic Science Institute were focused in accordance with the
requirements of judicial practice on dactyloscopic identifying,
on the applying modern solutions in step with technological
solutions, leading to the emergence and use of automated
ngerprint identication systems, collectively labeled AFIS
(Automatic Fingerprint Identication System).
Thus, a century after the identication of the rst offenders
on the basis of ngermarks, at the end of 1996, AFIS technology
has become accessible to the Romanian Police forensic
structures due to the combined efforts of col. (r.) Mircea Marin,
director of the Forensic Science Institute and of the head of the
judicial identication Service within Forensic Science Institute,
Petru Duma, who have made an important contribution to
implementing this system in the work of Romanian Police.
Used effectively, fact attested by the results obtained by
forensic experts from the Forensic Science Institute, after the
rst three years of ngerprint examinations, led the decision
makers to come to a decision to extend, in 2000, the AFIS
system, to 7 territorial units, this step marks a milestone of
modernization of the scientic and technical police, starting with
25.07.2007, in each county police inspectorate and Bucharest
Municipality Police.
Automated systems for identifying people by ngerprints
(known generically as the AFIS - Automated Fingerprint
Identication System) are nowadays in constant improvement
and expansion worldwide.
Practical use of such systems during the nearly 10 years in
Romania, shows multiple advantages over the classic work in
dactyloscopic card index boxes and the optical instruments
and marked an important step on the line of modernization of
the scientic and technical police and of the professional efforts
of the forensic experts on:
a)
quasi-totally automation of the most difcult and
troublesome operations in the recovery of ngerprints, from
the data selection to the comparison of ngerprints or papillary
traces;
b)
the accuracy and reliability, which allows analysis
of millions of ngerprints and papillary traces, in a previously
unimaginable time unit, respectively in minutes, allowing
forensic specialists to carry out validation activities and analysis
activities of the results;
c)
compatibility with similar IT systems;
d)
modular and exible architecture that allows adaptation
to user requirements;
e)
relatively simple use; dactyloscopic specialists learned
how to work in a relatively short period of time;
f)
dactyloscopy efciency, one of the surest ways to
identify persons, automatic encoding of any ngerprints,
including fragments of ngermarks, unworkable by traditional
methods;
g)
the processing of the image, contrast adjustment or
color reversal papillary drawing (white-black, left-right);
h)
direct reading of the ngerprint from the person
without the need for classical ngerprinting using electronically
scanning;
i)
operational processing of ngerprints and establishing
in real-time identity of persons and acts committed by them,
regardless the distance between the place of the investigation
and the place of the offense in different situations, such as:
thwarting attempts of false identity, verication of the relapse,
track and control of the refugees, asylum seekers and stateless
persons, domestic and international prosecution of criminals,
establishing the identity of persons or bodies with unknown
identity, the system being permanently operational;
j)
fast dactyloscopic examination of ngerprints and
ngermarks printed fragmentary with a common share of
around 90% in cases with unknown authors, came in contrast
with the classical working system in which the organizing and
using criteria of single nger collection were reported to an
ideal situation, such as the requirement of complete printing
of the papillary design for the award of a formula accurate
classication;
k)
identication based on ngermarks of the offenders
taken from crime scene shortly after crime or even at the date of
crime scene investigation, facilitating taking evidence, recovery
of damages and establish connections between unsolved
cases;
l)
solving important logistical issues that aimed
workspace organization, time and effort spent encoding and
classic examination of a large number of ngerprint cards
accumulated at the level of the central card index box, all acting
to the detriment of efciency and effectiveness.
At present, Judicial identication Service within Forensic
Science Institute is also the National Contact Point for the
international exchange of ngerprint data according to the
Council Decision 2008/615/JHA of 23 June 2008 on the stepping
up of cross-border cooperation, particularly in combating
terrorism and cross-border crime thereby facilitating automated
data exchange with regard to dactyloscopic data between EU
Member States.
Nowadays, the forensic efforts and activities aim at promoting
the image of Romanian forensic and modern Romanian Police
Forces in Europe, to adapt to the requirements of international
police cooperation (Prm Treaty and European Council
Decisions, the Schengen Agreement of cooperation at ICPOINTERPOL, etc.) so that exchange of information and probation,
to be conducted expeditiously in respect of performance criteria
and standards set by the European Union, as well as improving
professional training, upgrading and improvement of activity
and technical forensic capacity.
Police, customs and judiciary cooperation in Europe,
particularly in the Schengen area has been developed together
with the rule of free movement of persons to ensure that the
abolition of border controls will not result in an increase in
organized crime.
In the current international context, however, freedom
of movement of people associated with country-specic
legislation, gives the possibility that in a short period of time a
person or members of organized crime groups to move freely
in this space and to commit crimes in different countries other
than their own.
One of the main compensatory measures envisaged to
ensure the area of freedom, security and justice is enhanced
police cooperation, by a strong cross-border cooperation,
including the use of the second generation Schengen Information
- SIS II, regulated in Romania by Law 141 of 12th July 2010
regarding on the establishment, organization and functioning of
NISA and Romanias participation in the Schengen Information
System.
Hague Programme for strengthening freedom security
and justice in the European Union in November 2004, the
European Council expressed its conviction that this goal
requires an innovative approach to cross-border exchange of
operational information by applying the principle of availability
(one representative of law enforcement authority of a EU
Member State who needs information to fulll their duties may
request this information from another Member State, and that
law enforcement authorities of other Member State holding
the information will provide the information with the stated
purpose).
These conditions are satised by the Prm Treaty with
regards to the ght against terrorism, cross-border crime and
illegal migration, which addresses the automatic exchange of
genetic data, ngerprints and vehicle registration data, treaty
developed at a German initiative on 27 May 2005 and initially
signed by seven European countries: Germany, Belgium, Spain,
France, Luxembourg, the Netherlands and Austria.
Currently, the European Council Framework Decisions no.
2008/615/JHA and 2008/616/JHA governing how EU member
871
states should be operational the automatic exchange of

data between Member States, in a fast and efcient manner
according to the principle of responsibility, ensuring adequate
safeguards for accuracy and data security during transmission
and storage. The rules are based on interconnection of national
databases of Member States, and in case of HIT / NO HIT
provides a structure for comparing anonymous proles, in which
exchanges are additional personal data only after a positive
response, sending and receiving these data are covered in
national legislation.
Romania, as EU member state, has ratied the accession to
this Treaty, by Law no. 146 / July 10, 2008 of automated genetic
and ngerprint data exchange with other Member States signed
the Prm Treaty.
International police cooperation in countering crossborder crime involves the exploitation of forensic databases of
Romanian Police with automatic exchange of data to identify
persons who commit crimes in the European Union and even
worldwide.
National Forensic Science Institute manages ve
forensic identication database established under Law no.
218/23.04.2002 regarding the organization and functioning
of the Romanian Police, named: Morphotrak AFIS system,
IMAGETRAK system, CDN system, IBIS system and personal
genetic database of the National DNA Database System.
If we add to all this the interface with EURODAC system
(European database of ngerprints of asylum seekers)
administered by Romanian Immigration Ofce is emerging
the position of the Institute as a National Contact Point for the
Romanian Police, for such databases at European level. The
new Code of Criminal Procedure provides that the prosecution
body can order have photograph and ngerprint the suspect,
defendant or other persons when there is a suspicion related
to the committed offense or that they were present at the crime
scene, even without their consent.
Teaching activity in the area of training forensic specialists
in the eld of dactiloscopic was continuously supported by a
prestigious teaching staff that has joined leading specialists
and experts, such as:
Constantin urai i C. Leonida Ioan, the series of

works in the eld of Fingerprints, Palmoscopie and footmarks
in medicine, published in 1979, a work that not only approaches
ngerprint details not only as simple representations of digital
papillary, palmar and footmark drawing, but also important
genetic characters of an organism.
Emilian Stancu, Criminalistica, vol. I i II, Tipograa

Universitii Bucureti, 1981.
Constantin urai, Enigmele unor amprente, Editura

Albatros,Bucureti,1984, carte de referin pentru istoria
criminalisticii romneti.
Lucian Ionescu, Dumitru Sandu, Identicarea

criminalistic, Editura tiinic, Bucureti,1990.
Gheorghe Pescu, Ion R.Constantin, Secretele

amprentelor papilare, Editura Naional, Bucureti, 1996.
Aurel Olaru, Practica Dactiloscopiei n sistemul

cartotecii decadactilare a cazierului judiciar, Editura Ministerului
de Interne, 1997.
A. Ciopraga, I.Iacobu, Criminalistica, Editura

Fundaiei Chemarea ,Iai, 1997.
Ioan Nuu Mircea, Criminalistica, Editura Lumina Lex,

Bucureti, 1998.
Lidia Cotuiu, Dermatoglifele n practica medical i

judiciar, Editura PsiOmnia, Iai, 1998.
Microurmele o problema pentru practica criminalistic

romneasc, Editura Snx, Trgovite, 2000,
Emilian Stancu, Criminalistica(tiina investigrii

infraciunilor) - Tehnica criminalistic, Editura Didactic i
Pedagogic, Bucureti,1994, Tratat de criminalistic, Editura
ACTAMI, Bucureti, 2001.
Vasile Berchean, Marin Ruiu, Tratat de tehnic

criminalistic, Editura LittleStar, Bucureti, 2004.
Constantin
Drghici,
Mircea
Lupu, Tehnica
Criminalistic, Editura Fundaia Cultural LIBRA, Bucureti,
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Lazr Crjan, Tratat de criminalistic, Editura PINGUIN

BOOKPUBLISHING HOUSE, Bucureti, 2005.
Gheorghe Popa, Ionel Necula, Mijloace i tehnici

moderne de identicare a persoanei, Editura ERA, Bucureti,
2005.
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CONSIDERATIONS REGARDING THE DIGITAL

SIGNATURE AS EVIDENCE MEANS
CONSIDERAII PRIVIND SEMNTURA ELECTRONIC
CA MIJLOC DE PROB
Dr. Adrian Cristian MOISE, avocat Baroul Dolj
[email protected]
Abstract
In this article, some aspects of the digital signature as evidence means are presented and
analysed. We present the juridical regulations of the electronic signature at the European Union
Level and in Romania. At the same time, we dene the notion of digital signature and its security
requirements are presented. The purpose of the electronic signature is to guarantee the fact
that the person who sent an electronic message really is who s/he pretends to be. Through the
means of the digital signature, both the identity of the message author, and the fact that the
message was not modied during the transmission are conrmed.
Key words: digital signature; public key; private key; digital certicate; advanced digital
signature.
Rezumat
n acest articol sunt prezentate i analizate aspecte privind semntura electronic ca mijloc
de prob. Se prezint reglementarea juridic a semnturii electronice la nivelul Uniunii Europene
i n Romnia. Totodat, este denit noiunea de semntur electronic i sunt prezentate
cerinele de securitate ale acesteia. Scopul semnturii electronice este de a garanta faptul c
persoana care a trimis un mesaj electronic este n mod real aceea care se pretinde a . Prin
intermediul semnturii electronice se conrm att identitatea autorului mesajului, ct i faptul
c mesajul nu a fost modicat n timpul transmisiunii.
Cuvinte cheie: semntur electronic; cheie public; cheie privat; certicat digital; semntur
electronic avansat.
1. The juridical regulations of the digital signature

1.2. The juridical regulations of the digital signature in
the European Union
At the European Union level, the digital signature is
regulated by Directive 1999/93/EC on the establishing of
the community framework for digital signatures, which was
adopted by the European Parliament and the EU Council on
the 13th of December 1999. As a harmonization norm, this
directive establishes the purpose and the objectives to be met
and followed by the member state legislations. This Directive
does not contain any provisions on the rules regarding the
formation or validity of the contract, its only purpose being to
impose the framework starting from which the juridical force
of the digital signature will be similar to that of a handwritten
signature. According to this Directive, the digital signature
has two levels: the simple digital signature and the advanced
digital signature. Similarly, the Directive stipulates that only
the digital signatures that were created in optimal security
conditions may have the same value as the handwritten
signature.
According to Article 2(1) of the Directive, the simple
digital signature represents data in electronic format which
is attached or logically associated to other electronic data,
and which is used as an authentication means. Similarly,
Article 2(2) of the Directive also denes the advanced digital
signature as being:
uniquely linked to the signatory party;
capable of identifying the signatory party;
created by means which the signatory party can maintain
under his/her control only;
linked to the data that it is related to in such a manner that
any subsequent change of data is detectable.
Advanced digital signatures require authentication from

a certication services provider, which functions according
to the principles stipulated in Directive 1999/93/EC on the
establishing of the community framework for digital signatures
. Each advanced digital signature is physically identied
by a specically qualied certicate containing different
characteristics comprised in Appendix I of the Directive.
These particularly include the designation of advanced
digital signatures, the identication of certication services
providers, the certication duration and other inherent limits
of the purpose and value of the transactions covered by the
certicate.
Article 5(1) of the Directive stipulates that it is only the
advanced digital signatures having the same legal effect as the
handwritten signature in the Member States of the European
Union that are accepted as evidence in judicial procedures.
Regarding simple digital signatures, Article 5(2) stipulates
that the member States must ensure that such signatures are
not refused their legal effect, or that they are not rejected as
evidence in the judicial procedures only based on the fact that
they are not qualied as advanced digital signatures .
1.3. The juridical regulation of the digital signature in
Romania
In Romania, the most important law-making act in the eld
of the digital signature is Law no. 455/2001 on the digital
signature. This law-making act entirely follows the provisions
of Directive 1999/93/EC on the establishing of the community
framework for digital signatures.
According to Article 5 of Law no. 455/2001, the digital
written record, to which an extended digital signature was
incorporated, attached or logically associated, a signature
based on a qualied certicate that is unsuspended or
873
unrevoqued at that moment, and generated by a secured

device of digital signature creation, is assimilated, regarding
its conditions and effects, to the written record under
private signature, the forgery and use of which is criminally
sanctioned, the act being stipulated and sanctioned under
Article 290 of the Criminal Code. For the existence of the
offence of written record forgery under private signature, it is
necessary for the criminal to use the forged written record or
to entrust it to another person to use, with a view to triggering a
judicial consequence. In conclusion, the digital written record,
to which a digital signature was incorporated, attached or
logically associated, recognised by the one who it is opposed
to, produces the same judicial consequences as the authentic
act between those who signed it and those who represent
their rights .
According to Article 7 of Law no. 455/2001, in the cases in
which, according to the law, the written form is needed as an
evidence requisite or as a requisite for the validity of a judicial
act, a digital written record meets this requisite if an extended
digital signature was incorporated, attached or logically
associated to it, a signature that is based on a qualied
certicate and generated by a secured signature creation
device. If, between the parties that signed the document by
a digital signature, there arise judicial differences, meaning
that one of the parties does not recognise the digital written
record or signature, the court may order the verication of
their authenticity by a specialised appraisement. If one of the
parties pleads for an extended digital signature in court, this
party must prove that the conditions stipulated under Law no.
455/2001 are met.
2. The denition and structure of the digital signature
The digital signature represents a digital code that can be
attached to an electronically sent message, which uniquely
identies the sender . As well as the handwritten signature,
the purpose of the electronic signature is to guarantee the
fact that the person who sent an electronic message really
is who s/he pretends to be. Through the means of the digital
signature, both the message authors identity, and the fact that
the message was not modied during the transmission are
conrmed .
The digital signature is based on the public key technology,
which is a special encryption form, invented in the 1970s by
Dife and Hellman from Stanford University, using two different
keys. One key is secretly kept (private key), while the other
key is available to the public (public key). The two keys are
simultaneously generated, being essentially dependent one
upon the other, and they are known under the name of key
pair. A message that was encrypted by using one of the two
keys can only be decrypted by using the other key.
The electronic signature must meet the following security
requirements:
1. Condentiality it protects the content of transactions
against unauthorised reading by other persons except the
addressees specied by the sender.
2. Authentication - it allows the addressee of a message to
determine the senders identity with certainty.
3. Data integrity - in a network, it provides the addressee
of a transaction the certainty that the received message is
identical with the senders message.
4. Preventing the non-recognition of the transaction by
the sender (non-repudiation) - it guarantees the integrity and
origin of transactions from the senders, not the addressees
point of view. Thus, the fact that the sender of an electronic
transaction should deny its dispatching is prevented.
5. The selective application of some services - it is very
often necessary to cover some parts of transactions, for
instance those containing a clients credit card number. This
must not appear clearly to the seller, who may take advantage
of its use.
874
The process of digital signature generation comprises the

following stages:
1. The message to be sent is applied a hash function, thus
obtaining its message digest.
2. The obtained message digest is encrypted with the
senders private key by an encryption algorithm, thus obtaining
the senders signature.
3. The senders signature, together with the message are
sent to the addressee.
The process of digital signature verication comprises the
following stages:
1. The same hash function as the senders hash function
is applied to the message received by the addressee, thus
obtaining the received message digest.
2. The senders signature is decrypted by using the
senders public key. The public key is spread and identied by
digital certicates. Digital certicates are issued by trustworthy
third parties that are known as certication services providers,
who take responsibility for the identication of users and for
the assignment of keys.
3. If the message digest value of the received message
is identical with the value obtained after the decryption of the
senders digital signature, it means that the received message
was not modied, and the sender is the real one.
BIBLIOGRAFIE
1. Information Technology Laboratory. National Institute of
Standards and Technology. U.S. Department of Commerce,
Digital Signature Standard (DSS), 2009, Gaithersburg,
Maryland, disponibil pe site-ul: http://csrc.nist.gov/publications/
PubsFIPS.html, consultat la 10.09.2011.
2. Ion Ivan, Paul Pocatilu, Marius Popa, Cristian Toma,
Semntura electronic i securitatea datelor n comerul
electronic, Revista Informatic Economic nr.3(23)/2002.
3. Ahmad Kamal, The Law of Cyber-Space, United Nations
Institute for Training and Research, October 2005, Geneva,
disponibil pe site-ul: http://www.un.int/kamal/the_law_of_
cyber_space/fulltext.htm, consultat la 10.09.2011.
4. Marius Daniel Petin, Semntura electronic, Revista
Romn de Criminalistic nr.4/2003.
5. Marius Daniel Petin, Semntura electronic i soluiile
PKI, articol aprut n volumul Investigarea criminalistic a
locului faptei, Asociaia Criminalitilor din Romania, Editura
S.C. Luceafrul S.A., 2004, Bucureti.
6. Marius Daniel Petin, Ciprian Marius Clugreanu,
Semntura electronic un pilon important al sistemelor de
management al securitii informaiei, Revista Romn de
Criminalistic nr.1/2005.
7. Krishna Sankar, Sri Sundaralingam, Andrew Balinsky,
Darrin Miller, Cisco Wireless LAN Security, Cisco Press,
2005, Indianapolis, Indiana.
8. Directivei 1999/93/EC privind stabilirea cadrului comunitar
pentru semnturile electronice.
9. Legea nr.455/2001 privind semntura electronic.
Note
1. Marius Daniel Petin, Semntura electronic i soluiile
PKI, articol aprut n volumul Investigarea criminalistic a
locului faptei, Asociaia Criminalitilor din Romnia, Editura
S.C. Luceafrul S.A., 2004, Bucureti, p.155.
2. Directive 1999/93/EC Of The European Parliament
And Of The Council 0f 13 December 1999 on a Community
framework for electronic signatures, Ofcial Journal of the
European Communities, L 13/12, 19.01.2000, disponibil pe
site-ul:
http://www.anacom.pt/render.jsp?contentId=985913,
consultat la 09.09.2011.
3. Marius Daniel Petin, op.cit., p.158.
4. Ahmad Kamal, The Law of Cyber-Space, United Nations
Institute for Training and Research, October 2005, Geneva,
p.133, disponibil pe site-ul: http://www.un.int/kamal/the_law_
of_cyber_space/fulltext.htm, consultat la 10.09.2011.
5. Ibidem.
6. Monitorul Ocial nr.429 din 31.07.2001.
7. Marius Daniel Petin, Semntura electronic, Revista
Romn de Criminalistic nr.4/2003, p.15.
8. Ahmad Kamal, op.cit., p.128.
9. Marius Daniel Petin, Ciprian Marius Clugreanu,
Semntura electronic un pilon important al sistemelor de
management al securitii informaiei, Revista Romn de
Criminalistic nr.1/2005, p.25.
10. Ion Ivan, Paul Pocatilu, Marius Popa, Cristian Toma,
Semntura electronic i securitatea datelor n comerul
electronic, Revista Informatic Economic nr.3(23)/2002, p.105.

11. Information Technology Laboratory. National Institute
of Standards and Technology. U.S. Department of Commerce,
Digital Signature Standard (DSS), 2009, Gaithersburg,
Maryland, p.9-12., disponibil pe site-ul: http://csrc.nist.gov/
publications/PubsFIPS.html, consultat la 10.09.2011; Krishna
Sankar, Sri Sundaralingam, Andrew Balinsky, Darrin Miller,
Cisco Wireless LAN Security, Cisco Press, 2005, Indianapolis,
Indiana, p.13-14.
12. Ibidem, p.13-14.
PROFICIENCY TESTS ORGANIZED

BY THE ENFSI AUTOMOTIVE PAINT WORKING
GROUP FOR QUALITY ASSURANCE IN MATERIAL
EVIDENCE CAPITALIZATION
TESTE DE COMPETEN ORGANIZATE DE GRUPUL
DE LUCRU PENTRU ANALIZA VOPSELELOR
DE AUTOVEHICULE
DIN CADRUL ENFSI PENTRU ASIGURAREA CALITII
N VALORIFICAREA MIJLOACELOR MATERIALE DE PROB
Police Chief Commissioner Ph.D. Chemist Engineer Maria Georgeta STOIAN
Police Chief Commissioner Chemist Engineer Iulian STNEL
Police Deputy Commissioner Chemist Gabriela IANCULESCU
National Forensic Science Institute
Physical-Chemical Examination Department
Abstract
The Romanian Forensic Science Institute is afliated, from May 2005, to the European
Network of Forensic Science Institutes (ENFSI). As an ENFSI member, the Romanian Forensic
Science Institute has the opportunity for Romanian forensic personnel to participate in working
groups on main forensic sciences (ballistics, tool marks, handwriting, questioned documents,
chemistry, DNA etc.) where positive experience is shared and common work procedures are
adopted.
In 2006, the Romanian Forensic Science Institute implemented a Quality Management
System according to ISO 17025/2005 and until now the Romanian Accreditation Organization
RENAR, accredited 143 general procedures and work instructions, as well as 56 standard
operating procedures in the elds of classical forensic expertise, judicial identication, physical
- chemical analysis in forensic chemistry eld and bioforensic expertise.
An effective means for monitoring the performance from both to their performance and to
the same level laboratory performance is participation in prociency testing schemes (external
quality control). Prociency testing schemes is achieved by distributing to participating
laboratories test materials: identical samples or identical sub-samples from a uniform mixture,
whose content is known only by the organizing body. Regular participation in prociency testing
provides independent verication of analytical competence of the laboratory and demonstrate a
commitment to maintain and improve performance.
Since 2008, Physical-Chemical Examination Service, through representatives in ENFSI
working groups, participated in prociency tests of working groups to analysis of paint and glass
(automotive paint subcommittee), to analysis of re debris and explosion remaining samples
(accelerants subcommittee) and to analysis of textile bers; the results are always appreciated
by the organizers as correct in the limit of the examination and analysis possibilities in the
forensic chemistry laboratories of the Romanian Forensic Science Institute.
In this paper we present the analysis of automotive paint samples that were received in
the prociency tests Collaborative Paint Exercise No.14/2008, Collaborative Paint Exercise
875
No.15/2009 and Collaborative Paint Exercise No.16/2010, and with our results we stood among
European forensic institutes with good results.
Key words: forensic chemistry, prociency tests, competence, performance, automotive
paint samples.
Rezumat
Din mai 2005, Institutul de Criminalistic din Poliia Romn este membru cu drepturi depline
al Reelei Europene a Institutelor de Criminalistic (European Network of Forensic Science
Institutes - ENFSI). Ca membru al ENFSI, Institutul de Criminalistic beneciaz de posibilitatea
ca poliiti romni, care lucreaz n domeniu, s participe n grupuri de lucru, pe principalele
specializri (balistic, traseologie, grac, tehnica documentelor, chimie judiciar, ADN etc.), n
cadrul crora se fac schimburi de experien pentru diseminarea rezultatelor pozitive obinute
cu ocazia examinrilor de laborator i adoptarea unor proceduri comune de lucru.
n anul 2006, Institutul de Criminalistic a implementat Sistemul de Management al Calitii
n conformitate cu Standardul European ISO 17025/2005, iar pn n prezent Consiliul de
Acreditare RENAR a hotrt acreditarea a 143 proceduri generale i instruciuni de lucru, precum
i a 56 proceduri specice de lucru pentru domeniile expertizei criminalistice clasice, identicri
judiciare, analize zico-chimice n domeniul chimiei judiciare i al expertizelor biocriminalistice.
Un mijloc ecace pentru monitorizarea performanei, att fa de cerinele proprii, ct i fa
de performana laboratoarelor de acelai nivel, l reprezint participarea la scheme de testare a
competenei (control extern al calitii). Schemele de testare a competenei se realizeaz prin
distribuirea ctre laboratoarele participante de materiale test: probe identice sau sub-probe
identice dintr-un amestec uniform, al cror coninut este cunoscut doar de ctre organismul
organizator. Participarea regulat la teste de competen asigur vericarea independent
a competenei analitice a laboratorului i demonstreaz angajamentul de meninere i de
mbuntire a performanei.
ncepnd cu anul 2008, Serviciul Expertize Fizico-Chimice, prin intermediul reprezentanilor
n grupurile de lucru ENFSI, a participat la testele de competen ale grupurilor de lucru
pentru analiza vopselei i sticlei (subcomitetul vopsele pentru autoturisme), pentru analiza
probelor rmase de la incendii i explozii (subcomitetul accelerani) i pentru analiza brelor
textile, rezultatele ind ntotdeauna apreciate de ctre organizatori ca ind corecte n limita
posibilitilor de examinare i de analiz n laboratoarele de chimie judiciar ale Institutului de
Criminalistic.
n lucrarea de fa vom prezenta modul de analiz cu echipamentele din dotare a probelor
de vopsea auto care au fost primite n cadrul testelor de competen Collaborative Paint
Exercise No.14/2008, Collaborative Paint Exercise No.15/2009 i Collaborative Paint Exercise
No.16/2010, rezultatele obinute situndu-ne n rndul institutelor de criminalistic europene cu
rezultate foarte bune.
Cuvinte cheie: chimia judiciar, teste de competen profesional, performan, probe de
vopsea auto.
1. Introduction
Since 2005, the National Forensic Science Institute
of the Romanian Police is a full member of the European
Network of Forensic Science Institutes - ENFSI. Eligibility
criteria of this organization are mandatory for all members
and according to them, the working group QCC (Quality
and Competence Assurance Committee) monitors
the use and application of quality standards and good
practice manuals issued by the organization and working
methods compatible with the used in ENFSI.
As an ENFSI member, the Romanian National
Forensic Science Institute has the opportunity for
Romanian forensic personnel to participate in working
groups on main forensic sciences (ballistics, tool marks,
handwriting, questioned documents, chemistry, DNA
etc.), where, on the one hand, positive experience
is shared in order to disseminate the positive results
obtained during laboratory examinations, by presenting
and discussing cases with specic features and different
ways of solving, and, on the other hand, common work
procedures are adopted.
In 2006, the Romanian National Forensic Science
Institute implemented a Quality Management System
according to ISO 17025/2005 and until now the Romanian
Accreditation Organization RENAR, accredited 143
876
general procedures and work instructions, as well as 56

standard operating procedures in the elds of classical
forensic expertise, judicial identication, physical
- chemical analysis in forensic chemistry eld and
bioforensic expertise.
The ultimate goals of an accredited Quality
Management System consists, on the one hand, to
ensure the condence in own results and the possibility
of comparison of data generated by the National Forensic
Science Institute laboratories with other laboratories in
the eld, because at the European level is desirable to
enhance the cooperation between forensic departments,
the access to reference documents, analytical methods
and equipment for all ENFSI members, to facilitate local
and regional cooperation and to promote activities in
network; on the other hand, consists in the recognition of
the expert conclusions of the National Forensic Science
Institute by European courts, which shall constitute an
additional value of capability and credibility of Romanian
Police forensic activities.
It is known that one of the fundamental tools of
management is to ensure quality results activities. In
the quality policy, management must take all necessary
measures to ensure that quality requirements that
circumscribe results are understood, implemented and
maintained by the system.
The objectives of quality assurance programs for

analytical measurements are, on the one hand, to
reduce errors measurements to tolerable limits, and, on
the other hand, to propose the means of ensuring that
the resulting measurements have a high probability of
acceptable quality. As part of their quality system and for
tracking their day-to-day performance and from analysis
to analysis, laboratories must operate at a certain level
of checks by internal quality control and participate, if
possible, to appropriate capability testing schemes.
So, an effective means for a forensic laboratory to
monitor its performance, both against its qwn requirements
and against the performance of other the same level
laboratories, is to take part in prociency testing schemes
(external quality control). Prociency testing and other
types of comparisons (like collaborative exercises) are
accepted as important means for monitoring quality at
national and international level. In this respect, there are
two forms of external quality control:
Inter-laboratory comparison, which consist in the
organization, the execution and the evaluation of tests
performed on the same evidences or similar evidences by
two or more laboratories, in predetermined conditions;
Participation in prociency testing, respectively
periodic evaluation of performance of a laboratory or of a
group of laboratory, which consists of the distribution, by
an independent testing body, of materials that participants
have to analyze them.
Prociency testing schemes are achieved by
distributing to participating laboratories of test materials:
identical samples or identical sub-samples from a uniform
mixture, whose content is known only by the organizing
body. Participating laboratories analyze independently
the test materials in conditions of repeatability, according
to theirs own documented routine test procedures,
beeing at their discretion the choice of validated methods
necessary for required measurements. It is very important
that the test material to be treated (analyzed) as ordinary
samples analyzed in the laboratory so that the test results
reect actual performance of the laboratory.
Analytical results obtained are then reported to the
organizer, which collects them in a nal report with the
data of all participants and the statistical evaluation of
performance of each participant laboratory. Laboratory
reports are distributed, which shows how close were
the results to accepted values, and when necessary,
they can determine appropriate actions to improve their
performance.
Regular participation in prociency testing provides
independent verication of analytical competence of
the laboratory and demonstrates a commitment to
maintain and improve the performance. Demonstrates
to beneciaries, partners, accrediting bodies, legislators
and top management that analytical procedures are
under control and brings to analysts the condence
that services they provide have a level of performance
consistently over time.
While the use of validated analytical methods and
internal control routine provides the results precision in
laboratory, participation in prociency testing schemes
(external quality control) provides an independently
and continuously means to detect or defend against
undiscovered sources of error and demonstrates concern
for effective implemented analytical quality control.
By their professional competence, forensic chemistry
experts from Romanian National Forensic Science
Institute - members of ENFSI working groups can

participate in international prociency testing held by
these working groups, namely European Paint&Glass
WG, Fire and Explosion Investigation WG, European
Fibres WG, rearms WG and the European Document
Experts WG, for analysis of following samples: paint
and glass, samples from res and explosions, textile
bers, gunshot residue, scriptural materials and support
documents (paper, plastics), received in collaborative
exercises organized by these specialized ENFSI working
groups.
Since
2008,
Physical-Chemical
Examination
Department, through representatives in ENFSI working
groups, participated in prociency tests of working
groups to analysis of paint and glass (automotive paint
subcommittee), to analysis of re debris and explosion
remaining samples (accelerants subcommittee) and
to analysis of textile bers; the results were always
appreciated by the organizers as correct in the limit of
the examination and analysis possibilities in the forensic
chemistry laboratories of the Romanian National Forensic
Science Institute.
In this paper we present our own analysis of automotive
paint samples that were received in the prociency tests
Collaborative Paint Exercise No.14/2008, Collaborative
Paint Exercise No.15/2009 and Collaborative Paint
Exercise No.16/2010; with our results we stood among
European Forensic Sciences Institutes with good results.
It should be noted that the test samples were prepared
in the specialized laboratories in LKA Berlin and Krakow
Forensic Science Institute (institutes ENFSI members),
participating in the European Paint&Glass WG automotive paint subcommittee.
2. Materials and methods
Vehicle coating is made in multilayer system, starting
from the metall sheet to the surface, the rst layers having
corrosion protection role. The following layers give the
nal appearance of the paint. In Table 1 are presented
the standard layers used for painting cars.
Table 1. Standard layers used for painting cars
Solid colour
Topcoat 40m
Metallic
Clearcoat 40m
Mettalic basecoat 15m
Primer surfacer 35m
Cathodic electrocoat primer 20m

Pretreatment 2m
Substrate steel (possibly galvanised)
But each vehicle manufacturer uses a specic

multilayer painting system. For example, the Mazda
brand multilayer system differ from one model to another.
In Figures 1 and 2 are presented the layers applied to
cars Mazda Xedos 9 and Mazda Xedos 6.
Figure 1. The
layers applied
to cars Mazda
Xedos 9
877
Figure 2. The
layers applied
to cars Mazda
Xedos 6
Each Paint Collaborative Exercise prociency test
include at least two tests:
- Test 1 - involves searching of vehicle in the European
Collection of Automotive Paints (EUCAP), having like
evidence paint samples collected from the crime scene
(in question samples);
- Test 2 - requires separately and comparatively
analysis and physico-chemical examination between in
question samples and for comparison samples sent in
the test.
Forensic chemists experts from Romanian National
Forensic Science Institute have always participated
in Test 2, and paint samples received in these
three Collaborative Paint Exercise were examined
by standard methods of analysis from forensic
chemistry laboratories: stereomicroscopy in natural
and artificial light, UV-Vis microspectrophotometry,
infrared spectrometry, X-ray spectrometry, using the
following analytical equipment:
- Stereomicroscope Carl Zeiss Jena (magnification
25x) in natural light;
- Stereomicroscope Nikon SMZ 800 (magnification
63x) in artificial light;
- QDI 1000 Microspectrophotometer; analysis
were carried out usually in the range 350-850 nm, t =
499 ms, ns = 50, mag. = 15x;
- Video spectral comparator VSC 5000 - Foster &
Freman, in the range 400-1000 nm;
- Bruker FT-IR-Microscope Hyperion 2000 coupled
with Tensor 27 FT-IR spectrometer equipped with
Golden Gate device; FT-IR-Microscope Hyperion
2000 is equipped with 20xATR-objectiv, germanium
crystal; analysis were carried out in the spectral
range 4000 - 400 cm-1, resolution 4 cm-1;
- Eagle III Micro-XRay-Fluorescent-Spectrometer,
semiconductor detector (Si(Li)); analysis were
normally carried out in vacuum, with a time constant
of 17 s;
- Scanning electron microscope (SEM) Jeol JSM6480 LV equipped with an EDS (energy dispersive)
X-ray spectrometer INCA x-Sight 7574; analysis were
carried out usually in the vacuum, BES electronic
signal (secondary electrons), the spot size of 50-60
and a magnification of 100x.
Next, we will review the three Test 2 carried
out: imagined scenario, the results and their
interpretation.
In
separate
examinations,
by study of the
stereomicroscope,
were
found
following:
Figure 3. Sample from accident
scene
Figure 4. Sample collected

from car 1
Figure 5.
Sample
collected
from car 2
3. Results and discussion

A). In the Collaborative Paint Exercise No.14/2008
were requested examinations of the paint chips collected
from three vehicles suspected of being involved in a car
accident with the fourth vehicle found damaged. The
question was: Which of the three cars was involved in
the accident?
Were received for examination paint chips highlighted
on the damaged car found at the accident scene and
the comparison paint chips collected from the three
suspicious cars.
878
Figure 6.
Sample
collected
from car 3
Sample
collected from the
damaged car found
at the accident
scene (in question)
was composed of
a mixture of chips
consisting of a layer
of yellow paint and
chips
consisting
of a transparent
colorless clearcoat
(Figure 3);
Sample
collected from car
1 consisted of paint
chips with following
sequence of layers:
a layer of yellow
paint (sample 1)
and a white layer
of primer (Figure
4);
Sample
collected from car
2 consisted of paint
chips with following
sequence of layers:
two
identical
successive layers
of yellow paint
(sample 2) and a
ne layer of white
primer (Figure 5);
Sample
collected
from
car 3 consisted of
paint chips with
following sequence
of layers: a layer
of
transparent
colorless clearcoat
(sample
3),
a
green layer with
metallic pigment
and a gray layer of
primer (Figure 6).
Table 2. The results obtained by different methods and analytical techniques

Methods of
examination
Sample 1
(yellow layer - car 1)
Sample 2
(yellow layers - car 2)
Sample from
accident scene
(in question)
UV-Vis
Microspectrophotometry
- Reectance spectrum of yellow paint layer from sample from

accident scene is identic with the spectrum of sample 1 (Figure 7)
and with the spectrum of sample 2 (Figure 8)
Infrared
Spectroscopy
(IR)
- IR spectrum of yellow layer from sample in question (a) is identic

with sample 1 spectrum (b) (Figure 9)
- IR spectrum of yellow layer from sample in question (a) is identic
with sample 2 spectrum (b) (Figure 10)
Sample 3 (transp.
clearcoat layer car 3)
- IR spectrum of transparent colorless

clearcoat layer from sample in
question (a) differ from sample 3
spectrum (b) (Figure 11)
X-ray
spectrometry with SEM-EDS
- Yellow layers from sample in question, samples 1 and 2 contain:

Ti (maj.), Al and Si (Figures 12 and 13)
a - Proba n litigiu
b - Proba 1
Figure 7. Reectance spectra of yellow layer

- sample in question (a)/sample 1 (b)
a - Proba n litigiu
b - Proba 1
Figure 9. IR spectra of yellow layer - sample

in question (a) and sample 1(b)
- Sample 3 contain:
Ba, Al, Si and S
(Figure 14)
a - Proba n litigiu
b - Proba 2
Figure 8. Reectance spectra of yellow layer

- sample in question (a)/sample 2 (b)
a - Proba n litigiu
b - Proba 2
Figure 10. IR spectra of yellow layer - sample

in question (a) and sample 2 (b)
a - Proba n litigiu
b - Proba 3
Figure 11. IR spectra - clearcoat from sample

in question (a) and sample 3 (b)
Figure 12. X-ray spectrum of yellow layer sample in question
Figure 13. X-ray spectrum of yellow layer

- samples 1 and 2
Figure 14. X-ray spectrum of yellow layer sample 3
Examining
compared
the sample in question with
the comparison ones, it
was found that yellow paint
chips highlighted on the
damaged car (in question)
has the same physicalchemical
characteristics
(color, appearance, chemical
composition of binder organic resin and pigment
- dye) with those of yellow
layer of paint chips collected
from cars 1 and 2.
Analyses
and
examinations carried out
have led to the conclusion
that the damaged car found
at the accident scene was
hit by cars 1 and 2, and car
3 was not involved in the
accident.
B). In the Collaborative
Paint Exercise No.15/2009
was required to indicate
which of two suspicious cars
would have caused damage
to another third car. On the
damaged car was found paint
chips (sample in question)
which did not belong to it.
An eyewitness said he saw
two cars on the day the
accident occurred, near to
accident scene. Following the
testimony of this eyewitness,
the police establish car
as beeing a blue with
metallic blue reex pigment
Toyota Yaris, 2004 year of
manufacture. Thus, police
identied two suspicious cars
879
Table 3. The results obtained by different methods and analytical techniques

Methods of examination
Sample 1 (comparison)
- suspicious car 1
Sample in question
- on damaged car
Sample 2 (comparison)
- suspicious car 2
1. layer of transparent colorless

clearcoat;
2. blue layer with metallic blue
reex pigment;
3. metal gray layer, primer;
4. dark gray layer, primer;
5. silver traces.
1. layer of transparent colorless

clearcoat;
2. blue layer with metallic blue
reex pigment;
3. cement gray layer, primer;
4. gray layer, primer;
5. silver traces.
1. layer of transparent
colorless clearcoat;
2. blue layer with metallic
blue reex pigment;
4. gray layer, primer;
5. silver traces.
Stereomicroscope
examination
Reectance
Spectroscopy - with
VSC 5000
- Reectance spectrum of the layer 2 of the sample in question is similar with the spectra of
corresponding layers of samples 1 and 2 (Figure 15), these having similar chromatic coordinates
(Figure 16)
Infrared
Spectroscopy (IR)
- IR spectra of layers 1 and 2 of the sample in question are similar

with the IR spectra of corresponding layers of sample 1
(Figures 17 and 18)
- IR spectra of layers 3 and 4 of the sample in question differ from
the IR spectra of corresponding layers of sample 1
(Figures 19 and 20)
- IR spectra of all layers of the samples in question are similar
with the IR spectra of corresponding layers of sample 2
(Figures 17, 18, 19 and 20)
- X-ray spectra of layers 2 and 5 of the sample in question are

similar to those of the corresponding layers of sample 1 (Figures 21
Micro-XRay-Fluorescent and 22)
Spectrometry
- X-ray spectra of layers 3 and 4 of the samples in question differ
from those of the corresponding layers of sample 1 (Figures 23 and
24) - contain the same elements but in different concentrations
- X-ray spectra of all layers of the samples in question
are similar to those of the corresponding layers of sample 2
(Figures 21, 22, 23 and 24)
that would be passed into

the area when the accident
occurred
and
collected
samples for comparison from
them (sample 1 from car 1,
respectively, sample 2 from
car 2).
To meet the objective,
sample 1, 2 and samples in
question were subjected to
a variety of examinations,
whose results are presented
in Table 3.
Examining
compared
the sample in question
with the comparison ones,
it was found that paint
chips highlighted on and
collected from the damaged
car (in question) has the
same
physical-chemical
characteristics
(color,
sequence and number of
layers, chemical composition
of binder - organic resin and
pigment - dye) with those of
880
Figure 15. Reectance spectra obtained

with VSC 5000
Figure 16. Chromatic diagram
a - Proba n litigiu
b - Proba 1
b - Proba 2
Figure 17. IR spectra of clearcoat layers 1

of sample in question (a)/sample
1 (b)/sample 2 (c)
a - Proba n litigiu
b - Proba 1
b - Proba 2
Figure 18. IR spectra of blue layers 2

of sample in question (a)/sample
1 (b)/sample 2 (c)
a - Sample in question
b - Sample 1
b - Sample 2
b - Sample 1
b - Sample 2
paint chips collected from

car 2.
In conclusion, damaged
car was hit by car 2.
C). In the Collaborative

Paint Exercise No.16/2010
was required to establish Figure 19. IR spectra of gray layers 3 of sample Figure 20. IR spectra of gray layers 4 of sample
from what car could come
in question (a)/sample 1 (b)/sample 2 (c)
a paint chips collected on a
damaged vehicle. The paint
chips was initially submitted
to laboratories equipped
with European Collections of
Automotive Paints (EUCAP)
b - Sample 1
b - Sample 1
in order to identify the brand,
b - Sample 2
b - Sample 2
the model and the year of
manufacture. Thus, the
suspicious car could be a
Toyota Avensis 2009 Black
Pearl (1998-2010).
The paint chips in
question, collected from
accident scene on the
Figure 22. X-ray spectra of blue layers 2
damaged car (Figure 25) and Figure 21. X-ray spectra of layers 5 of sample of sample in question (a)/sample 1 (b)/sample
paint chips for comparison
2 (c)
collected on the car 1 Sample 1 (Figure 26), on the
car 2 - Sample 2 (Figure 27)
and on the car 3 - Sample 3
(Figure 28) were examined at
stereomicroscope, observing
b - Sample 1
b - Sample 1
that all were composed of
b - Sample 2
b - Sample 2
the following sequence of
layers: 1. layer of transparent
colorless clearcoat; 2. black
layer with metallic pigment;
4. gray layer, primer; 5.
pretreatment with phosphate
layer; 6. metal layer.
Figure 24. X-ray spectra of gray layers 4 of
Figure 23. X-ray spectra of gray layers 3 of
sample in question (a)/ sample 1 (b)/ sample
2 (c)
Figure 25. Paint chips in

question
Figure 27. Paint chips collected on the car 2
sample in question (a)/ sample 1 (b)/ sample

2 (c)
881
Examining by stereomicroscope the samples in

question and for comparison ones, it was found that paint
chips in question traseologic corresponds with the paint
chips collected from the car 3, by matching of the broken
edges and by the continuity of scratches (Figures 29 and
30).
Paint
chips in
question
Paint chips
collected
from car 3
Figure 29. Matching of the

broken edges of paint chips
Paint
chips in
question
Paint chips
collected
from car 3
Figure 30. The continuity

of scratches
To conrm the ndings, in the sense of identity of

characteristics and common source of the paint chips in
question and paint chips for comparison collected on the
car 3 - Sample 3, they proceeded to perform comparative
physico-chemical analysis.
Infrared spectroscopy analysis showed that IR spectra
of clearcoat layers 1 and cement gray primer layers 3
of paint chips in question are identical to corresponding
those of the paint chips collected on the car 3. IR spectra
of layers 1 and 3 of paint chips in question differ from
corresponding those of the paint chips collected on the
cars 1 and 2 (Figures 31 and 32).
In the organic resin of the clearcoat of sample in
question and of the clearcoat of Sample 3 have revealed
a remnant of isocyanate (2272 cm-1), which is missing
from the clearcoat of Samples 1 and 2 (Figure 31).
Figure 31. IR
spectra
of clearcoat
layers 1 of
sample in
question (a)/
sample 1 (b)/
sample 2 (c)/
sample 3 (d)
Figure 32. IR spectra of cement gray layers 3 of sample

in question (a)/ sample 1 (b)/ sample 2 (c)/ sample 3 (d)
Analysis by Micro-XRay-Fluorescent Spectrometry

showed that the layers of the sample in question contain,
qualitatively, the same pigments and llers with the
corresponding layers of Samples 1, 2 and 3 (Figures
33-36). But semiquantitatively, gray layer of primer 4 of
the paint chips in question and of the Sample 3 (Figure
35) contains a larger amount of zinc compared with the
corresponding layer of Samples 1 and 2 (Figure 36).
882
Figure 33. X-ray

spectra of cement
gray layers 3 of
sample in question
and of Sample 3
Figure 34. X-ray

spectra of cement
gray layers 3 of
Samples 1 and 2
Figure 35. X-ray

spectra of gray
layers 4 of sample
in question and of
Sample 3
Figure 36. X-ray

spectra of gray layers
4 of Samples 1 and 2
Physical-chemical examinations led to the conclusion

that the paint chips in question has the same physicalchemical characteristics (color, sequence and number
of layers, chemical composition of binder - organic resin,
pigments and llers) with paint chips collected on the
car 3.
The paint chips in question comes from an entire to
which it belongs also the paint chips collected on the
car 3.
4. Conclusions
Inter-laboratory comparison and prociency testing
are useful to obtain information about comparability of
results and is to ensure that participating laboratories
reach an acceptable level of analytical precision.
As the European Network of Forensic Science
Institutes (ENFSI) maintains working relations with
similar institutions, supports specialized laboratories for
accreditation and implementation of the best practices, of
quality standards and of working European procedures
in the eld, it is crucial that the experts of Romanian
National Forensic Science Institute participate in working
groups to exchange experiences and adoption of
common working procedures, participation in prociency
testing and other types of comparisons (like collaborative
exercises), as important means for monitoring quality at
international level.
Bibliography
1.
ISO/IEC 17025/2005 - General Requirements for the
Competence of Testing and Calibration Laboratories, 2005
2.
ISO/IEC Guide 43-1, Prociency Testing by
Interlaboratory Comparisons Part 1: Development and
Operation of Laboratory Prociency Testing Schemes, 1997
3.
CITAC Guide 1, International Guide to Quality in
Analytical Chemistry, An Aid to Accreditation, 1995
SPECIAL EVENTS AND TERRORISM

- HISTORICAL REFERENCES (V)
THERES NO IDEAL WORLD!
TERORISMUL I EVENIMENTE
DEOSEBITE (V)
O LUME IDEAL NU EXIST!
Col.(r.) Vasile LPDUI
redactor-ef
Abstract
In the fth episode is shown how the events were triggered in December 89 in Timioara
and the measures taken to stop them by policymakers, law enforcement agencies and
army.
Key words: conict between Oradea Reformed bishop Laszlo Tkes; triggering the
conict; demonstrators actions took place between December 15 to 17 89; police and
security interventions; measures ordered by N. Ceausescu.
Rezumat
n cel de-al cincilea episod este prezentat modul n care s-au declanat evenimentele
din Decembrie 89 la Timioara i msurile ntreprinse pentru oprirea acestora de ctre
factorii politici, organele de ordine i armat.
Cuvinte cheie: Conictul ntre Laszlo Tkes i Episcopia Reformat Oradea; declanarea
conictului; aciunile manifestanilor, care au avut loc n perioada 15-17 decembrie 89;
interveniile miliiei i securitii; msurile ordonate de N. Ceauescu.
Triggering the events of December 89 in Timisoara

In connection with the triggering of the events of
December 89, I will present some aspects of the work Six
days that shook Romania - Ministry of Interior in December
89, made by col. (ret.) Vasile Lpdui, professor Vladimir
Alexandrescu, col. Ion Constantin, brigadier general (ret.)
Marin Lazar and division general Ion Pitulescu. The work
appeared in 1995, being appreciated inland and abroad.
According to some opinions, the beginning of the end
would have to be the date of December 14 1989 and to have
been set in the old citadel of Moldova the Iasi of Creanga
and Eminescu, the city of the churches which complained to
each other, through the voice of the bells, the nostalgia of past
glories. But it was not to be, and, in this regard, I divide myself of
the opinions of those who put that on account of the remarkable
efciency of those meant by the law to prevent such events.
I am rather inclined to give credit to the idea that it was
a test and also a diversion intended to distract attention from
the area that really serious events were put into practice. So,
on December 14 1989 was to hold a protest demonstration in
Unirii Square in Iasi, under a certain Romanian Popular Front.
A meeting of intellectuals, workers and students from Iasi that,
amid premonitions of the hymn Awake, Romanian shall include
anti-totalitarian, vindictive speeches. In the Square were brought
important militia guards and patriotic groups and reghters,
the organizers gave up without trying a reprogramming action.
This, of course, seems natural and absolutely logical.
The reality, however, offers another explanation more
convincing to argue Why not in Iasi. And this explanation is
related to a given fundamental to the success of any mass
movements: access to the media. Because it wasn`t important
whatever might have happened effectively in Iasi, Brasov,
Constanta or Oradea, important was that everything might
have happened there should be known and produce a reaction
in Bucharest. In a large provincial town, whatever it could
be, couldn`t take place only the initiation explosion, ignition

wick - decisive was that powder keg to explode in the capital
city. However, from this point of view, Moldavian metropolis
had a reduced interest, being away from the main radio and
TV networks in Europe, with big audience in Romania: Free
Europe, Voice of America, Deutsche Welle (radio) and
national televisions in Yugoslavia, Hungary and Bulgaria.
Things were very different in our great cities of the West and I
believe that in analyzing this situation, the call to the principles
of Trotsky and Lenin on organizing the revolutionary events
wasn`t wrong at all - of them Timisoara responded optimum to
the requirements.
Here, in Timisoara, a particular issue (removal of Laszlo
Tokes) could be the onset of social protest, under the inuence
of certain factors, most important of which proved to be the
following:
placing geographical area at the conuence of active
propaganda channels and at the optimum reception area
of radio and TV stations from neighboring countries whose
broadcasts were focused on Romanian issue;
a framework for ongoing relationships (including family)
and contacts much more developed with people from countries
of Western and Central Europe;
border proximity and specic ethnic composition of the
region;
the existence of social tensions among the local population
and of an anti-Ceausescu attitude less understanding in
pending the situation change.
One issue to be claried is that of the pastor Laszlo Tokes,
who, in the rst days after the events of December 1989 was
presented as a hero of the revolution, courageous man who
triggered the overthrow actions of the communist structures in
Timisoara.
But reality is different and must be presented as facts took
place, even though today is obvious, making of a Tokes case
883
had an important role in the future development of the events.

That obliges to ask myself a question whose answer might
clarify many still hidden springs of December 1989: who exactly
are those who have made a private business of the Reformed
Church in Romania to become a political event? Because their
names - left (until when?) anonymous - worth, maybe more
than the lessee from No.1 Timotei Cipariu Street in Timisoara,
a place in the annals of the events. They proved, however we
look at things, an outstanding professionalism, certied by
the success of the operation! And the story is worth retelling,
because it is part of those little things which, like the bombing
of Sarajevo or the attack of Gleiwitz radio station, made that
history gets a particular course.
So, following serious misconduct as a minister of the
church, Laszlo Tokes, starting with 01.09.1989, at the request
of the Reformed Diocese of Oradea, conrmed by the Note no.
5430/28.08.1989 of the Department of Religious Affairs, was
dismissed from his ofce as deputy minister of the Reformed
Church Timisoara.
During the time that fulll this function, Tokes held a joboffered housing in No.1 Timotei Cipariu Street in Timisoara,
for which he didn`t have a rent-contract nor was he paying the
rent. The job-offered housing was consisted of a house with
oor and courtyard in area of 1095 meters, and belonged to
the Reformed Evangelical Community Timisoara, as acquired
by purchase in 1901. After his dismissing from the ofce,
the Reformed Diocese of Oradea, which was subordinated
the Reformed Church Timisoara, on September 1, 1989,
admonished Tokes to release the job-offered housing, to be
made available to Makay Botond, called in his place. Since
Tokes refused to leave the job-offered housing, the Reformed
Diocese of Oradea, on September 21, 1989, through the no.
9001/1989 letter, sent to the Court Timisoara, sued him, seeking
to dispose eviction. Based on the evidence in the case le, the
Court Timisoara, on October 20, 1989, decides the eviction of
Laszlo Tokes from job-offered housing, occupied illegally.
The County Court Timis, judging the appeal of Laszlo Tokes
against Court decision Timisoara, decides on November 28,
1989 rejection of the case and maintains the eviction order.
Particular conict (declared between Laszlo Tokes and the
Reformed Diocese of Oradea) only ended after the revolution
from 1989, when, on February 22, 1990, the Supreme Court of
Justice - Civil Section, through no. 323 decision, recognizes the
extraordinary appeal led by the general attorney and changes
the no. 7190 civil sentence from October 20, 1989 of Court
Timisoara and no.1474 civil decision from November 28, 1989
County Court Timis, rejecting the eviction action brought by the
Reformed Church Oradea against the defendant bishop Laszlo
Tokes.
The reason that for was the basis for sentence modication
and civil decision in favor of Laszlo Tokes, that the Reformed
Diocese of Oradea had no active standing, because although
it has subordinated the Reformed Church in Timisoara - which
is not its hierarchically higher organ, between them being the
Reformed Deanery Arad - each of these religious institutions
have legal personality, with distinct patrimonies.
I do not make comments on the Supreme Court of Justice`s
decision, but the fact that the process continued after the
events of December shows that the relationship with them was,
however, fabricated.
It is no less true that in the afternoon of December 14, 1989,
nding that it is intended to implement the court decision, a
number of about 30-40 Reformed Church parishioners due to
the broad international coverage, particularly by Hungarian
radio-television, on pastor Laszlo Tokes`s call or on its own
initiative, gathered in the front of the parish house, had triggered
a solidarity and protest action.
The protesters, mostly elderly men and women stationed
in the front of the parish house, some with lighted candles,
without noise or violence. The protest demonstration became
immediately known to the inhabitants of Timisoara, which gave
rise to some curious groups that traveled there and make
comments for or against the eviction decision.
884
Being notied about the situation and to prevent any violent

incidents, the head of the County Militia, colonel Ion Deheleanu,
informed the County Committee`s rst secretary, Radu Balan,
who has proposed to stop the eviction action.
In this sense, in the afternoon of December 15, 1989, the
mayor of the city, Peter Mot, went to Laszlo Tokes home,
who, both verbally and in writing assured the priest that shall
not be evacuated (under which reasoning shall he take this
commitment, which was contrary to the nal court decision, its
hard to say!?). The fact is that during that evening, protesters
retreated and thanks to the priest, who asked them to leave and
to not make troubles.
The next day, on December 16, 1989, around noon, there
were people protesting in front of the new parish house, which
stationed there, have attracted new groups of curious.
Pastor Laszlo Tokes, scared and desperate, appeared again
at the window and addressed to the crowd: In my situation
you can do me more worse, please go home. But people have
remained, probably expecting something else, starting the
conict.
But the causes of the popular revolution in Timisoara were
much deeper.
In November 1989, at Mecanica Works Timisoara have
been several attempts to trigger rallies and strikes, which have
failed. But social tensions continued to escalate, creating an
explosive mood, so that by various ways, through friends and
acquaintances, in most all social and economic units and among
locals was sent the call that on December 17, 1989, at 13:00,
the population of the city should go out on the streets, to gather
in the Opera Square and move to the county headquarters of
the party to demonstrate peacefully against the dictatorship.
In fact, since December 16, 1989, around noon, although
the non-eviction decision of the pastor was knew, the number of
protesters and curious not fell around his house only for several
hours. So, inexplicable, near the parish house, it makes the
appearance a new category of demonstrators, this time young,
largely organized into homogenous groups, which began to
manifest loud, doing acts of violence and destruction without
apparent motivation, acting from a screenplay become typical to
the street movements in most countries of the world after 1988.
The presence of these groups, by components age, launched
slogans and action mode cannot be in any way related to the
rst demonstrators - mostly old and quiet.
Signicantly, the fact that the events already entered on a
path at least partly programmed, in a series whose objective
could not be other than to provide a larger presence on the
streets, is the episode occurred at around 19.00 oclock, at the
tram station near the parish house. When a young man from the
group of demonstrators pulled off the tram pantograph at the
station, while several people have been systematically breaking
its windows, generating obviously panic. In the atmosphere
of confusion, passengers went down, thickening the mass of
people present in the area with a new wave of extras, which will
add another in the few minutes, when the tram came from the
opposite direction will be subject to a similar treatment.
And so, in just a few minutes, trafc was completely blocked,
generating a chain reaction, whose initiators have shown a
very good knowledge (should it be spontaneous? it was based
solely on the intuition ...?) of the crowds psychology. The
acting ways and their subsequent evolution leaves, rather, the
sensation of a teaching book operation, the apparently chaos
being created and exploited with awareness (and in any case,
with the results) by some diversion professionals. This time it
succeeded the assault of the shop windows on the sidewalk
opposite the church, burning of enemy targets such as nearby
library and transformation into projectiles, thrown at random, of
the milk bottles (empty), stored in front of a grocery store.
Noise, smoke, confused people who did not understand
what is happening, in an attempt - unsuccessful - to learn
more (because none of those present didnt know or didnt
want to say), have provided for several hours, maintaining a
state of tension that increased the number of curious. The few
representatives of militia, unarmed, at the spot, had little choice
but to withdraw, without trying to intervene.

The number of people involved has grown rapidly (estimated
at over 1,000), many groups moving to various other areas of
the city to attract other adherents.
As a larger participation in the street actions was increasing,
a signicant part of the violent individuals withdrawing from the
forefront of activities, some of them later appeared in other
places, also as initiators of aggression.
Related to the activities of the violent individuals, some
participants in the events observed and reported that many
group members did not seem to be from Timisoara, being
interested if the violence actions, once triggered, will be
continued by the locals.
This fact was supported also during the Timisoara trial, when
it had said that it had seen groups of young people (between
those who instigated and acted in the area of the parish house)
who were withdrawn after the incident area. In this respect,
it is known the Denes Bernards case, from Tg. Mures, no. 7
Morii Street, who reported that, on 15-17 December 1989, he
was with a group of 16-20 people in the front of the Reformed
Church in Maria Square, chanting Romanians, come with
us. On this slogan deserves to insist with a brief analysis....
Semantics and not only semantics, because the content itself
of the call gets other meaning ways as it is delivered - by a
Romanian or a stranger. In the rst case, Romanian might be
the equivalent of an appellation became in the linguistic tradition
of the revolutionaries forever, such as brothers, good fellows
and so on, which might be used as such. Having this meaning
we can nd it often in the language from 1848, in all Romanian
regions. In the second case, however? The answer remains
at the choice of the reader. However, it seems that the subject
deserves to be thorough deepened, because a correct answer
to this question, but apparently secondary, is likely to provide
a key to solving fundamental puzzles revolutionary events of
December 89: moment - and - internal and external initiation
- policymakers - on which experts opinion is still divided.
It is not without signicance that, prior to the events of
December 1989, Bernard Denes left Romania, arriving in
Hungary. In fact, after that, he had established in neighboring
country Hungary, having a Hungarian ID card.
About 500-600 people (between them also violent elements)
have left the parish house to the county headquarters of the
party where they had broken windows and destroyed the
entrance door.
What did the local authorities of the Ministry of Interior
in this situation, if they acted in accordance with the law, for
what purpose and what was the result? There are a few of the
questions I will try to nd the answer.
The protest action from the parish house was known since
the rst moments, especially since, as stated in the Timisoara
trial by one of the deputies of the former security chief, the
pastor Laszlo Tokes was under the scrutiny, being in contact of
some foreign intelligence agencies.
The pastor intention - not to be subject to the court decision
and the demonstration in front of his house, as we have shown,
were highly publicized by foreign radio stations, which has
sparked the curiosity of many inhabitants of Timisoara who
traveled to the spot in order to be convinced by the reality.
Groups of curious temporarily stationed in the parish house
made comments for and against the pastor, and there are
statements like to come out (author`s note: the pastor), to go
to his Hungarians.
Showing repeated announcements on Romanian national
television station, in the days 15 and 16 December 1989,
through which it was informed about the consequences of
not-compliance with the court decision without nominating the
Tokes` case, did nothing but increasing the curiosity of people
in Timisoara, who made contact with foreign radio stations
transmitted. This explains the fact that on December 16, 1989,
the Maria Square was much more crowded than usual.
To prevent the occurrence of acts of disturbing the public
silence, the defense and guard team of the militia in the Square
was reinforced with... 6-8 policemen, which, in addition to
current service performance tasks, had the mission to intervene

in case of incidents in the parish house. However, until the
evening of December 16, such an action didn`t take place, for
the simple reason that it was not necessary!
At around 19.00 o`clock, when events have become violent
in the area of the parish house and at the county headquarters
of the party, by order of the chief inspector, Colonel Ion Popescu,
it was sent on site consisting law enforcement and military
personnel of the militia troops security. Thus, at the county
headquarters of the party, in the rst phase, it was sent about
80-100 police ofcers with the intervention platoon consisting
of about 30 people, and in the area of Maria Square - other
70-80 policemen. All the numbers mentioned above have had
on their arms and ammunition, intervention platoon members
were equipped with shields, helmets and protective uniforms
and rubber truncheons.
After the intervention of the platoon at the county
headquarters of the party, when the damage had already
produced and some altercation took place between police and
marching demonstrators, citizen groups were dispersed, some
from them going to the students` hostel with the intention to
attract young people there, and the others going to the Maria
Square, continuing to break the windows of shops.
Meanwhile it was sent to the county headquarters of the
party also the intervention platoon of security forces (without
war ammunition), who remained in the security ofce at the
militia, being moved in the Maria Square.
Regarding how it was acted by the police forces sent on
the streets to restore order, I present some statements by the
participating police.
Major George Nisipeanu: In 1989 I was a judicial ofcer
within Militia Timisoara and was part of the platoon to restore
public order and safety. On December 16, 1989, at around
19.00 o`clock, the platoon was ordered to intervene to move the
former county headquarters of the party, where it had disturbed
the public order and safety and it was broken inside.
Arriving at the ofce, we found several people who were
placed in front of the door and on the stairs.
The platoon commander, through loudspeakers, asked
people to leave the sidewalk to make order and install within
the dispositive and asked expressly not to be attacked, as we
will have to defend ourselves.
We were equipped with gray-blue overalls, with one of our
rubber truncheon, helmet and shield.
Population pulled up near the tram rail, but after a few tens
of minutes we were attacked with stones, bottles of alcohol,
etc., being placed in a position to respond to their dispersal. In
our support came two reghter trucks, then, at around 20.00
o`clock, we were replaced, we went to the central area and
then to the students` hostel where, the public order was not
disturbed, we have not acted.
At around 22.00 o`clock, we came in the front of the
Metropolitan Cathedral, where we received orders to set up
the team triangle pointing forward, traveling direction Maria
Bridge.
At command, we went to the Regional C.F.R. We had no
problems since, at our appearance, people retreated to the
C.F.R. hospital and Flora Terrace on Tudor Vladimirescu Splai.
When we entered Tineretii Boulevard, we were attacked
from the windows, balconies and buildings with ower pots or
other hard objects that fell on us on the go.
At the intersection Timotei Cipariu Street with Miron Costin
Street, the intervention platoon was ordered to cordon with
other personnel, at level of the C.F.R. At the order of platoon
commander, we were left in reserve with 10 soldiers from the
Baritiu battalion.
At around 22.30 o`clock, through the radio reception-station
we received orders to move up with the reserve to the original
belt (author`s note: Maria Square). When we got near the place
indicated, I was hit in the leg by a piece of concrete. At that time
the belt was loose, personnel retired, and I was out of the area
by a military man and detained in a hospital, where I stayed
until 31/12/1989.
885
Captain Teodor Husariu: In the evening of December

16, 1989, at around 17.30 o`clock, all police and security
personnel have been convened in the courtroom of the
inspectorate. While the chief inspector made a presentation of
the operational situation created, in the courtroom entered a
security representative, who probably reported that the county
headquarter of the party was attacked, as Colonel Popescu
precipitated, it was sent the intervention platoon and about the
rst 9-10 rows of personnel (militia and security) without an
appointed commander, toward the former county headquarters
of the party.
After about 15-30 minutes, other staff in the courtroom,
about 50, including myself, received an order from the chief
inspector to move us to the Reformed Church in the Maria
Square respectively, to ensure public order and safety in the
area.
I report that all staff traveled to the Reformed Church does
not have the armament supply. Our presence at the Reformed
Church in the area has prompted various violent actions. Soon
after we arrived at the church and while some leaders hold talks
with the demonstrators in the rear ranks began to throw in us
with miscellaneous objects (bottles, cans, stones, etc.). In this
case, normally, we retired to disappear from their range. During
this time, when we were unable to respond, appeared a few
intervention cars and a platoon of reghters.
I estimated the number of people present in the evening of
16.12.1989 at 1.000.
The action of the intervention platoon and reghters were
also difcult, because some people were under the strong
inuence of alcohol and manifested with great violence.
Thus, they burn an Aro car, which was parked in front of
C.F.R. Timioara area, from one of the re trucks, which broke
down on the bridge over the Bega-river, one of the soldiers
was thrown into the water, and others assaulted barbarously.
Meanwhile, in support, arrived also the intervention platoon of
security forces. The 1.000 demonstrators were divided into two
groups. One went to the students hostel and the other one to
Tineretii Bd., to North Station. This latter group, with the socalled retirement, began breaking the store windows on the
boulevard, and also in other neighborhoods.
Meanwhile, we, militia personnel, began to deal with security
of these shops were robbed. Were retained even people with
stolen goods, whose les were destroyed on December 22,
1989, when demonstrators entering the unit.
The same night of 16-17 December 1989, the mayor
came together with the directors of commercial enterprises, all
managers of shops were called to secure goods and by morning
were installed all windows broken.
At around 03.00-04.00 o`clock in the morning, it has
attempted the implementation of the eviction sentence of
the pastor. I report that this was done in the presence of the
president of Timis County Court.
In the morning of 17.12.1989, in the area, at the Reformed
Church came the general Velicu Mihalea and two ofcers of the
Directorate of Security and Order within General Inspectorate of
Militia, and he ordered us to perform guard to prevent breaking
the shop windows again.
Sergeant major Fanica Pompas: From 16 December
1989, I participated with Timisoara police forces in actions to
maintain public order and safety in Maria Square and Timisoara
City Hall, being in the intervention platoon. On 16/12/1989,
around 18.30-19.30 o`clock, I was with another 8 colleagues in
Timisoara City Hall, near were gathered about 500-700 people
who are likely to continue ravaging City Hall. At the building
corner was created a cordon, in front I was with colleagues of
the intervention platoon and behind it was soldiers as well as
military personnel. When the crowd forwarded to the City Hall,
I left down in front of the team the protective shield and helmet,
after which I forwarded to it, where I talked to some people
in that crowd, convincing them that if they torch the town hall
they will burn all records and other documents of public interest
too, this discussion ended with demonstrators leaving without
happening any event.
886
But heres the stories of Costel Balint, a participant in the

Revolution and retained during the events described in his
book 1989 Timisoara in December.
At around 19 o`clock, the reformed pastor Laszlo Tokes
asked again from his apartment window to the people to leave:
I beg you, please leave. If I am wrong, you are not wrong.
Please go home, because we feed a great danger. The crowd
began then to shout: Freedom, Free Romania , Justice,
Down with Ceausescu. They sing Wake up Romanian.
Law enforcement (militia) is not standing still. Armed with
sticks and clubs trying to spread the crowd, calling them: ride,
you go home. People do not give up, not afraid.
The physician Constantin Poiana (hero of the World War
II - Knight of the Mihai Viteazul Order), being within the crowd,
is not moving from place. He is a man who has seen and lived
too much in life to give run away, before some hardworking
policemen, armed with batons and sticks.
At 20.00 o`clock, in 16/12/1989, in the town hall were already
convened about 180 militants of P.C.R. people (Romanian
Communist Party) that had been alarmed by the mayor Mot,
patriotic guards, to which we add a platoon squire necessary to
defense municipal ofce, of the fellows with responsible jobs.
It is the time when the representatives from the countys
Committee of the P.C.R. sent a message announcing that the
demonstrators had left the Maria area and were directed to
the county headquarters and will be the mayor suite to meet
them out.
Around 21.00 o`clock, it was appeared the rst special
intervention units, from the size of a company of about 100 150 military soldiers dressed in blue with white shields in hand,
helmet and protective head guard with each in his right hand by
a rubber baton. Once they arrived in front of people, began to
occupy ghting positions along the street, facing the bridge of
the Bega-river, asking protesters to leave. The crowd answer
was not left waiting: We do not go home, We want heating,
Freedom, We want bread, Down with Ceausescu, No
violence, Today in Timisoara, and tomorrow in the whole
country. I am there in the crowd and I do not believe it. People
had in their hands lighted candles as came to resurrection.
I interrupt this quote, although, in his general data, the book
of the Timisoara publicist offers plenty of interesting detail on
the events.
Reaching the neighboring of the county committee, the
marching demonstrators will be faced by the local political
summits, led by Mayor Petru Mot, trying to open a dialogue. A
failed project, like the others, because demonstrators, becoming
more numerous, began to feel that the dialog partners, no
matter how high they were within the political hierarchy of the
city, could not have sufcient expertise to decide on increasingly
radical claims.
To this contributed also an episode, otherwise seemingly
minor, occurred after crossing the Michelangelo bridge. There,
three trucks loaded with soldiers from the security forces,
equipped with helmets, shields and batons, had managed to
block the advance of the marching demonstrators. But, for
reasons that remain unknown, suddenly, to an unexpected
order/command, the military, disposed on three rows, were
suddenly left and came back to the trucks.
Under these conditions, the crowd, reached the goal, was
preparing to attack, releasing yet the terrible pressure, on the
backs of young soldiers, under the helpless water jets. And on
the county headquarters of the party was started triggering a
sustained stones shooting, while the reinforcements of the
police forces arrived on site failed to break the unstable balance
between the camps that are face to face. Slowly, the balance
tilts of the protesters, whose number increases slowly, but
surely, while the other side the numbers remains the same. It is
when a re truck, insisting in a risky intervention is captured, its
gratings are destroyed, windows broken, the soldiers were put
to ight. Another car, Aro, having the misfortune to be equipped
with ashing light and radio station, is regarded as belonging to
the enemy and will suffer the same fate.
At 23.30 o`clock, at the City Hall, Radu Balan summoned
all companies and militants managers of the party. Also Ilie

Matei, secretary of the Central Committee, who had its home in
Timisoara, was present.
After a brief information about mob attack against the county
headquarter of the party, the latter read a story about the antistate activity of the pastor Tokes and how it was prepared his
eviction.
Meanwhile, in the Maria Square tension continue to smolder.
Law enforcement calls the silence, invitation to citizens to
return home, remain without consequences. Security cordons
toggles, clashes are inevitable. It is a sequence of back and
forth movements, a constant alternation of human tidal streams.
Amid the anti-Ceausescu slogans that are heard more often,
the violence are up in a pure state, I would say perfect, as in
the attack case on the Sadoveanu library, where the windows
are broken, tomes of the brilliant master, are torn and burned.
Stained in a form of baseness of individuals, skilled criminals
take advantage of opportunity to simply rob in their self-interest,
in attacks on other stores.
Of course, in this case when confusion is approaching
paroxysm, in the institutions representing the state and
political power cannot be quiet. It will be checked, in a striking,
dramatic manner in its immediate reality, an old truth: the
state of uncertainty is worse than evil! The delegates sent
from Bucharest, among which one of the deputies from the
Organizational Department of the Central Committee of the
P.C.R., Mihalache, clearly overwhelmed by events, call the
center. The information they transmit this time are far from
the usual sweetened news that the reality was far beyond
the borders of the cosmetics lies. With the knife to the bone,
desperate, the power delegates transmit in the 12th hour, the
truth. A truth which, of course, reaches the Ceausescu ears.
Informed by Emil Bobu, the Secretary General of the party,
is precipitated, require personal a telephone connection to
Timisoara, and the gravity of the reproaches deviates to Radu
Balan, doubled by a categorical provision to solve the problem
immediately. In one hour at the latest it should be back to
normal. That`s why I ordered the army to be taken out into
the street, isnt? For Balan begin minutes of hell. He calls the
security brigade to send troops (without weapons and without
ammunition!) in order to protect Solventul Petrochemical
Works. He begs the garrison commander to ensure with forces
the defense of the food storage from the Ialomita area. Its all
that can be done. Other provisions he doesnt want or, in any
case, try not to give.
A special comment deserves done, in the context of this
determining night to the further development of events in
Timisoara and possible not only there, participation, or rather,
non-participation (only in a slightly measure) of the important
student masse being in town during the events. Explanations
for this cowardice have sought and will maybe seek long time.
An objective fact is that the entry into the holiday makes effect
anyway. Then, there is not taken into account that, although the
Timisoara student body certainly shared the general feeling of
dissatisfaction against the state of affairs in Romania, which
certainly was aware of what happened during the day, it felt,
instinctively perhaps, dissociated from a revolution which began
with the devastation and stores plunders.
The fact is that in the rst moments, the studious youth did
not answer to the political calls launched by Sorin Oprea, who
proposed to start/go, organized, to the Cathedral. Other groups,
however, they did it, sweeping the road all the Ceausescu
slogans and passing by, without problems, obstacles,
which law enforcement, sporadic and shyness, have tried
to put in the way. So, without notable incident, the marching
demonstrators reached the place of worship, despite numerous
calls, keeps its doors closed. It is time when the leaders of
the improvised demonstrators decide a change of tactics: to
move in small groups, but remaining in compact groups, to the
Timisoara districts to determine the outgoing in the streets of
as many people. And the idea has proved productive. The city
continued to boil, the night did not lead to a state of calm, as
was perhaps expected, but on the contrary, the atmosphere
remained charged, punctuated by clashes between police

and demonstrators groups that have become more violent,
extending up to 4.00 o`clock.
That occurred on both sides, blows and injuries, major
damage to the goods and detention of about 180 people, who
were led to police and then to prison. A notable fact, in the
evening of December 16, 1989, the personnel of the Ministry
of Interior engaged in various actions to restore public order did
not use weapons and there was no victim.
Moreover, given the legal provisions in force, which it
sets out the duties and obligations of the Ministry of Interior
units, in such circumstances, the removal on the street of the
police, re and security forces was fully justied. What other
law enforcement had to intervene if not those of the Ministry of
Interior to stop the destruction and shops/stores devastation,
burning cars and the protection of political and administrative
ofces?
In the evening of 16 December, Timisoara militia and
county militia have received numerous phone calls from some
managers of business units, which strongly requested to send
forces to stop the destruction and theft of assets.
Politico-administrative headquarters of the Timis county
was one of the important objectives set out in the local defense
plans, units of the Ministry of Interior having the legal obligation
to intervene in case of attack, even by the use of rearms
available in house.
Decree no. 367/1971 on the use of weapon (article 36 lit. A,
b and c) provided for the people who are equipped with rearms
to make use of it against those who: surprise attack those in
the security service, threatening the goal guarded, entering or
leaving illegally in guarded areas or perimeters and for retaining
those who retorts or trying to ght back with weapons or any
other objects that may endanger life and limb.
The politico-administrative headquarters of Timis county,
in the evening of December 16, 1989, were all the conditions
to make use of a weapon, as they were attacked those in
the guard, was kept endangered the defended objective by
devastations made and has responded with objects that have
endangered the life and physical integrity of those who is part
of the order team.
And yet they did not use weapons!
The reasons are, in this situation, rst of all, of human
nature, the commander staff from different structures of the
Ministry of Interior in Timisoara choosing other means to restore
order, without creating the risk of casualties. It is a question that
experts in psychology explains through the nature of inhibition
that occurs whenever a person is placed in a position to decide
actions that endanger the lives of his fellow men, of other
people, therefore the enemy representing not an abstract
entity, like the armies in the conict, but people commonly
known, members of the same community, individuals that, for
so many times, you meet them in domestic circumstances,
on the streets, in institutions and factories where they work.
Its not a weakness of the moment, a moment of cowardice,
should not overrated as a revolutionary act of agreement
with demonstrators, it is just as human reaction of hesitation
in taking an extreme deciding, a natural hesitation given the
fact that beyond orders and regulations, they knew very well
that most of them, some protesters are not homeless, nor some
vagabonds huligans.
Hence, the command staff of the Timis county militia did
not intentionally use rearms and therefore never asked legal
approvals, which no doubt they would be granted to do so.
They have been able to guess with all the confusion of the
moment, the true meaning of the popular revolt and proceeded
accordingly, as dictated above all, their own conscience.
Eloquent expression in this meaning is colonel Ion
Deheleanu, then the head of the county Militia, who, fully built
on the purposes of the events in Timisoara, in the morning of
December 17, 1989, when he met at the rail station the general
Mihalea and the ofcers staff sent from Bucharest, told them: It
887
may come all the General Inspectorate of the Militia, everything

is done, the accounts are closed.
The events in Timisoara, in the afternoon and night of
December 16, 1989, were made known to the leadership of
the Ministry of Interior. Being informed about them, Ceausescu
ordered the immediate eviction of the pastor Laszlo Tokes
(event made in the same night) and taking measures in force,
intended to stop the events.
In support of the county police management, in organizing
and leading actions to restore public order, in the evening
of 16 December was sent to Timisoara a team of security
ofcers and militia led by Major General Emil Macri, head of
economic counterintelligence within DSS, and Major General
Velicu Mihalea, deputy chief of the General Inspectorate of the
Militia.
In that same evening, by order of the minister of Interior, it
was introduced in all units the No. 2 position, provided by the
no. 0230 Order from 15 May 1973).
Signicant facts relating to a disastrous secrecy at
professional level, that worked systematically in that time,
regarding the transmission of the order on introduction the no.
2 situation, it was not clear what caused the real reason for
this measure, respectively the events in Timisoara, leaving to
understand that the measure would have being required by the
president visit in Iran!
In fact, what happened on the day of 16 December 1989
not have the gift to make Ceausescu fully aware to the reality,
considering it as the exclusive work of external factors in
support of the downgraded interior elements, insignicant as
weight and morality within the country population. However,
Nicolae Ceausescu, sensing the danger of the events and
the possibility of spreading revolt in the country, decided to
restore order, set in motion signicant forces, including units
of the Ministry of National Defense, to annihilate any adverse
reactions to the regime interests.
In the morning of December 17, 1989, in Timisoara, after the
events of the previous day and night, the situation was relatively
calm, but the city changed its decor, giving the impression of a
movie set in Hollywood, ready for pouring of western scenes.
The introduction of the no. 2 position, the units of the Ministry
of Interior was obliged to take certain measures, which are:
intensication of specic activities to prevent and

detect crime and other antisocial acts, strengthening guard,
patrol systems and order devices with the participation of
patriotic and military guards within security forces;
presentation to the unit or, where appropriate, at home,

of the number required, being limited the garrison leaving;
continuously rotating, within the unit, of the command

staff;
strengthening the day service on unit with 2-3

ofcers;
establishing some task forces to the central units

and inspectorate residence, in order to ensure coordination of
actions undertaken.
In the front of the shops, windows were broken and
items damaged, cartons with windows for replacement of the
windows, people who discussed the events and scavenger that
made cleaning the streets.
At around 12.00 o`clock, on the main streets, especially
in the center, it gathered a large groups of people, some of
them forcing other people to enter the column. In addition to
the presence of persons accidentally in the street, especially
among the curious, the massive participation was determined
by the call of the demonstrators who wanted change, so, on
December 17, at 13.00 o`clock, Timisoara residents to go out
on the streets to participate in an anti-dictatorial big meeting.
By order of General Vasile Milea, minister of National
Defence, who got, in its turn, instructions to involve its staff in
restoring order, in the morning of December 17, 1989, started
some demonstrations of the military. Designed as a scenario
that shows either a complete break from the realities of the
moment, either absolute ignorance of the items related to the
mass psychology, or this hypothesis should be taken into
888
consideration - the deliberate desire to maintain and exacerbate

the popular rebellion current which exceeded the moment of
discontent to pour into the streets.
I`ll let the reader to decide which of these interpretations
respond exactly to the grotesque parody show with notes of
some companies of soldiers and ofcers, with the battle ag
carried, scrolling in the cadenced step on Girocului Street,
toward the center of a city still marked by the shock of events
at least confusing for most of its inhabitants. A military band
wearing the parade uniform, behind which the fanfare sing
heroic marches, stepping toward the stone slabs of the Traian
bridge, contrasted sharp with the desolate view over the 6
Martie Boulevard, in that gray morning in late autumn.
And the reaction of Timisoara citizens was then if not the
expected one, in any case the natural one, ranging from a
staggering indifference to the expression, by booing, throwing
rocks and other conclusive gesture of total adherence.
Expected to be an act of intimidation, in reality, the force
demonstration has resulted, inter alia, in attacking unarmed
military subunits by the groups among the demonstrators.
Since then, events have taken place rapidly, are out of control,
taking a special twist, amid conicting state created.
Meanwhile, the whole city was in turmoil, from all parts groups
of people were gathered, were formed marching demonstrators
who shouted: Freedom, Down with Ceausescu, Do not be
afraid, Cowards etc., toward the county headquarter of the
party.
At disposal of the generals Macri and Mihalea, at the
county headquarters of the party it was set up a defense team,
consisting of about 100 militia personnel, remen, guards,
security and military troops from Ministry of National Defense
units.
Upon arrival, the demonstrators threw stones, sharp
objects, re bottles, metal balls and others, burned two cars
from the border unit, one from the re brigade, as well as the
political-administrative headquarters, the military running from
the dispositive without using weapons of equipment.
Heres how describes the former Secretary of Central
Committee of the P.C.R., Ilie Matei, being in Timisoara during
the events, when attacking the county headquarters:
On December 17, 1989, I traveled after 9.30 o`clock to
the county headquarters, where it was quiet, this silence was
all over the city, where I found Radu Balan and, on its own
initiative, I went to the Car Enterprise, Enterprise for measuring
electric devices and to Electrotimis Works, where I contacted
the administrative management factors, we found that the
mood is good, so we left at around 13.30 o`clock, at home.
Since on the road I saw many people gathered in the area of
the students hostel, we used a devious route and arrived at the
county headquarters with the intention of communicating to the
rst secretary Radu Balan, on what I had seen. He told me that
it is aware of the newly created situation and took measures
to protect premises, nding myself presence of ofcers, militia
agents who were in front of him.
Meanwhile it also came three water cannons road tankers
from reghters, which were placed so that they crossed the
street where people could come.
At around 15.30 o`clock arrived thousands of people who
began to chant slogans as We want freedom, Down with
Ceausescu, Down with the government and then began to
throw all kinds of objects (bottles, stones, branches etc..) on the
seat. In this case, the reghters turned on the water, so that
the people set re to reghters trucks and two military trucks.
A room in the ofce was burned, after which it forced the door
of the main entrance and has penetrated inside.
When I heard that it entered the ofce we ran all. I jumped
out the window of the telephone room and I ed to a subunit
of the military which was behind the ofce and then worked to
spread the crowd.
After calming things, which lasted about 10 minutes, I
returned to headquarters, have taken measures to ghting res,
cleaning and repair of damage made and the rst secretary
Radu Balan phoned Ceausescu with reference to and what
happened. He complained that he has not taken sufcient

measures to preserve order, and Radu Balan told him to turn that
students and workers did not participate in the demonstration,
saying also that and companion Matei is next to me.
Ceausescu asked me on the phone, asked me What is
there?, and I have communicated that the situation is serious.
He told me to take action as he told to the rst secretary and
he hung up.
The extent of the events in Timisoara have led the secretary
general to establish and to send on site a command brigade
led by Ion Coman, secretary within Central Committee of
the P.C.R., which included the generals Stefan Guse, Victor
Stanculescu, Mihai Chitac, Florea Corneanu within Ministry of
National Defense, Lieutenant General Constantin Nu - Head
of the General Inspectorate of the Militia and deputy attorney
general, Gheorghe Diaconescu. It was sent to Timisoara Cornel
Pacoste, secretary of the Central Committee within P.C.R.
and Nicolae Mihalache, Deputy Head of the Organizational
Department of the Central Committee within P.C.R.
In Timisoara was declared state of necessity, which led
to the implementation of action plans for special situations.
Shortly thereafter, in the afternoon of December 17, 1989 (at
14.15 o`clock) has sent the rst order for partial war alarm
to UM 01 115 (Giroc) belonging to the Ministry of National
Defense, all other units of the garrison being alarmed till 18.45
o`clock, by sending the token Radu the Handsome. However,
General Milea ordered to make use of weapons against those
who would try to enter the military units or to capture weapons
and combat equipment.
These orders had established the basics for arming all
military personnel, distribution of war ammunition and removal
in street of the ghting technique.
In the afternoon of December 17, after scattering
demonstrators by a nearby subunit of the Ministry of National
Defense, who attacked the political-administrative headquarters,
demonstrations continued throughout the city, especially in
the central area. They chanted slogans against Ceausescu,
in Libertatii Square the unleashed crowd broke the windows
from the mechanized division, throwing stones and incendiary

bottles on the ground oor. The dispatcher cabin of the I.J.T.L.
and several cars some of them belonging to the military units
staff is set on re, violent groups continues to break shop
windows where large quantities of goods escaping, and military
forces being into the order dispositive or meet on the street are
physically assaulted.
Fact on which should be reected, the county militia
headquarter Timisoara is not among the objectives of the
attacks!
Meanwhile, events timer make already entering into another
era, the one of the critical decisions, which, by their content,
would determine not only the fate of some people, but also that
one of an entire country.
It is the time of the Political Executive Committee meeting
whose debates and decisions will return as a boomerang
against the Communist Party staff. Theoretically, it was to
be established concrete measures to be taken by security
forces, including the use of weapons, to restore the situation.
Practically was, after all, all about a formal declaration of loyalty
to the party leader from people who, lacking personality and
dominated by a deep sense of servility, acute fear, saw into the
fall of Ceausescu their own end.
Undoubtedly, there were some fellows among them able to
discern the real course of events, but they generally preferred
to not make a dystonia the general choir. Perhaps some of them
even expect the change, or may wish, and their movements in
the coming days would be signicant in this respect.
To follow
References:
Col. (ret.) Basil Lpdui, Professor Vladimir Alexandrescu,
col. Ion Constantin, Brigadier General (ret.) Marin Lazar, division
general Ion Pitulescu Sase zile care au zguduit Romania
Ministerul de Interne in Decembrie 1989 Pledoarie pentru
istorie, vol. I, Bucharest, 1995.
CYBERCRIME OFFENCES AND THE SPECIFICS

OF THEIR INVESTIGATION PROCEDURE
INFRACIUNILE DIN SFERA CRIMINALITII
INFORMATICE I PARTICULARITILE PROCEDURII
CERCETRII ACESTORA
Gheorghe-Iulian IONI, PhD
Romanian-American University, Department of Law
Bucharest Bar Association, Law Ofce Ioni Gheorghe-Iulian
[email protected]
Abstract
Through this study I attempt to outline a specic procedure of investigation both of
cybercrime and classic offences, but whose evidences are/envisages computer systems,
data storage media or communication networks.
Key words: offences, cybercrime, criminal investigation, forensic investigation,
procedure.
Rezumat
Prin prezentul studiu am ncercat s conturez o procedur specic cercetrii att a
infraciunilor din sfera criminalitii informatice, ct i a infraciunilor clasice, dar ale cror
dovezi se gsesc n/vizeaz sistemele informatice, mediile de stocare a datelor sau reelele
de comunicaii.
Cuvinte cheie: infraciuni, criminalitate informatic, cercetare penal, investigare
criminalistic, procedur.
889
1. General consideration
All over the world, hundreds of procedures, guides, practices
etc. are devised, and each organization/institution regardless
of whether it is an international, regional or national organization
and regardless of whether it is a law enforcing institution or not
tends to develop its own procedures (Ioni, 2011).
It is quite difcult to adjust any of the above-mentioned
models to the specics of the Romanian legal regulations; we
also have to consider the experience of other similar bodies
and institutions, concretized in the procedures, guides and
methodologies referred to above.
In this context, I believe that we have to exploit the classic,
traditional principles, methods and procedures of forensic
investigation and we have to adjust them to the specics of
cybercrime investigation, while presenting and explaining the
technical issues of digital forensic investigation of computer
systems (Ioni, 2009).
I am also of the both the stages of cybercrime investigation
and the specic activities necessary, their logic sequence and
procedure have to be identied and explained.
2. Stages of the proposed procedure of cybercrime
investigation
We have to mention that the proposed procedure is not
specic only to cybercrime investigation.
(a) In Romania, just like in any other country, there are
certain specic features out of which, at least two (which I will
present in detail in what follows) generate problems.
The division of cybercrime prevention (which is subordinated
to the Division of Organized Crime Prevention and which carried
out the investigation and forensic analysis or ghting cybercrime)
through the Ofce of computer system investigation and
research deals in fact with the activity of forensic investigation of
computer systems (which should be carried out by the forensic
specialists within forensic sectors/National Forensics Institute).
This situation is unacceptable: namely, that people who perform
the activity of cybercrime investigation also perform the activity
of forensic investigation of computer systems. It is not possible
that, in case of any other offences (other than cybercrimes), the
activity of forensic investigation of computer systems is carried
out by forensic specialists within the forensic sectors/National
Forensics Institute, and in case of cybercrimes, the same
activity is carried out by the criminal investigation bodies within
the Ofce of computer system investigation and research.
(b) In isolation, the provisions of art. 14 in the Convention
on cybercrime have been only partially adopted, with omission
to enforce the special provisions and the collection of digital
evidence referring to any other classic information to be found
in a computer system. In practice, we are faced with quite an
illogical situation. Thus, such provisions may not be applied
to classic structures (other than as indicated under Title III of
Romanian Law no. 161/2003 and those committed by means
of computer systems). The consequence is that certain
procedure acts (such as the investigation of computer systems,
of electronic data storage media) can be decided upon by the
prosecutor, as well.
Under the circumstances, I tried even if it was not an easy
task to integrate the activities specic to the collection of
material and digital evidence referring both to cybercrimes and
classic offences, but which are/envisage computer systems,
data storage media or communication networks.
The proposed procedure (Ioni, 2009) is made of 24
stages with specic activities, stages which I grouped into 6
steps whose marginal name reects the nature of the activities
performed.
I. Pre-investigation activities
In the rst stage Pre-investigation activities , I included
4 steps:
- Step I Preparation prior to the incident , contains the
activities which are necessary to ensure the logistic support
(equipment and staff) with a view to obtaining a prompt and
competent answer upon the occurrence of an incident;
- Step II Detecting/notifying the incident , contains
the activities which envisage the incident identication and
890
the notication of criminal investigation bodies regarding the

incident;
- Step III Conrming the incident and authorizing the
investigation , contains the activities which are necessary
to check/complete the information on/related to the incident,
and to obtain the necessary authorizations to investigate the
incident;
- Step IV Planning the investigation , contains those
activities which target the design of an investigation plan and
the provision (set up and training) of the incident investigation
team.
II. On site investigation
In the second stage On site investigation , I included 6
steps:
- Step I Preserving and insuring the location , contains
the preliminary activities carried out by the police ofcers who
are rst respondents in case of an incident, with a view to
ensuring the location of the incident, of preserving the potential
circumstances of the incident which can be modied in time, of
identifying and retaining witnesses and suspects;
- Step II Preparing the onsite investigation , contains the
rst activities carried out by the investigation team in order to
prepare the investigation per se;
- Step III Studying and documenting the location (static
investigation) , contains the activities carried out in order to set
the condition and initial position of evidence, its registration, the
establishment of possible modications which occurred by the
time the team arrived on site;
- Step IV Searching and collecting the evidence present
onsite (dynamic investigation) , contains the activities carried
out in order to discover, x and collect the crime evidence, to
discover and collect the evidence, its detailed registration, as
well as to obtain the rst information from the retained witnesses
and suspects;
- Step V Transporting and storing evidence , contains
the activities carried out in order to transport the evidence to
the location where it is to be stored or analyzed and to keep it
under safe conditions;
- Step VI Fixing the on site investigation results , contains
the activities carried out in order to draft the report of onsite
investigation;
III. Performing the search (of computer systems, at
home, in other locations)
In the third stage Performing the search (of computer
systems, at home, in other locations) , I included 6 steps:
- Step I Inspecting and insuring the location (except for the
case of computer system search) , contains the rst activities
carried out in order to perform a quick inspection and to insure
the location, but also to identify and isolate the persons found
in the said location;
- Step II Studying and documenting the location ,
contains the activities carried out in order to get familiar with
the topography, the features and destination of the location and
items found in the said location;
- Step III Organizing the location search , contains the
activities carried out in order to perform the search in the said
location;
- Step IV
a) Searching and collecting items envisaged during the
search (except for the case of computer system search) ,
contains the activities carried out in order to discover and
collect the items envisaged during the search (items related to
the deed under investigation, other items whose possession is
forbidden), but also to register them
(or)
b) Collecting, conserving, extracting digital evidence (only
in case of computer system search) , contains the activities
carried out in order to discover, conserve and duplicate the data
in the computer systems and which may represent evidence;
- Step V Transporting and storing the discovered items
(except for the case of computer system search) , contains
the activities carried out in order to keep them under safe
conditions;
- Step VI Fixing the search results

, contains the activities carried out in
order to draft the search report.
IV.
Hearing
the
persons
(suspects, witnesses, aggrieved
parties)
In the fourth stage Hearing
the persons (suspects, witnesses,
aggrieved parties) , I included 3
steps:
- Step I Preparing the hearing ,
contains the activities which have in
view to study of the evidence material,
to set the persons who are to be heard
and the relationships among them, to
know their personality, to establish the
hearing moment, to prepare any other
materials that can be used, to draft a
hearing plan;
- Step II The hearing , contains
the activities which have in view to
identify the persons who are to be
heard, the free story and the formulation of questions, to check
and appreciate the said statements;
- Step III Writing down the statements , contains the
activities carried out in order to write down/register (writing,
magnetic band, digital media) the formulated statements.
V. Evidence investigation
In the fth stage Evidence investigation , I included three
steps:
- Step I Collecting, conserving, extracting digital evidence
(only for classic offences) , contains the activities carried out
in order to discover, conserve and duplicate the data in the
computer systems and which may represent evidence;
- Step II Investigating the evidence (material and digital)
, contains the activities carried out in order to analyze the
evidence (material and digital) found on site or in the computer
systems;
- Step III Writing down the investigation results , contains
the activities carried out in order to draft the analysis reports.
VI. Completing the investigations
In the sixth stage Completing the investigations , I
included 2 steps:
- Step I Presenting the criminal prosecution material ,
contains the activities carried out in order to present the criminal
prosecution material;
- Step II Drafting the report on the completion of the
criminal prosecution and/or the charge , contains the activities
carried out in order to draft the report on the completion of the
criminal prosecution and/or the charge.
In the appendix, I present a chart with the above-mentioned
stages, their succession and connections.
3. Issues on the content and manner to draft the
procedure/procedures
The devised procedure/procedures must observe the
standards of content and writing methodology as developed by
the central public authority in charge with ghting and preventing
criminality, in general (in Romania, the Public Ministry and the
Ministry of Administration and Internal Affairs).
However, I consider that they must contain:
(a) Introductive items
- indicating the purpose of the procedure;
- establishing the eld of application of the procedure;
- presenting the regulations (general or internal) related to
the specic activities;
(b) Content items
- specifying the general issues which characterize the
deeds/activities which have to be investigated/carried out, the
means to execute them;
- clarifying issues referring to the competence of the
investigation/analysis of cybercrime/computer systems;
Anex: Fazele/etapele
procedurii propuse,
succesiunea i
legturile dintre ele
- detailed, punctual (step by step) description of the specic
activities which have to be carried out;
- formulating further recommendations for the good
execution of such activities and for the successful performance
of the tasks.
(c) Organizational items
- clearly establishing the responsibilities of the persons
involved in these activities;
- specifying other issues referring to the developed
procedure (distribution, revision, implementation etc.).
4. Conclusions
At present, the criminal activity which involves the use of
or which envisages the damage of computer systems and
communication networks and which is carried out both in the
material and in the virtual space (especially cybercrime), has
known a highly rapid and unprecedented development and
diversication and generates/may generate, given mans quasidependence on them, problems in all sectors of activity, mainly
economic and legal.
Under the circumstances, considering the above-mentioned
reasons, I believe that particular consideration has to be given
to cybercrime investigation.
I particularly consider that it is necessary to harmonize
both the activities of forensic cybercrime investigations and
the activities of forensic investigation of computer systems and
communication networks, given the transnational nature of
such offences and the need of international cooperation of law
enforcing authorities, with a view to ghting this phenomenon.
In this context, I believe that we have to reconsider the
procedures to investigate such offences, to further exploit already
known procedures, as devised by law enforcing authorities (and
not only) with tradition in the eld, while observing the classic
procedures for the investigation of material offences.
In the same line of thought, I am of the opinion that we have
to revise the legal provisions in order to eliminate legislative
lapses which practically allow for the occurrence of situations
that could be debated upon in order to question the entire
activity of forensic investigation.
References
Ioni, G.I. (2009), Cybercrime, Department of Law,
Romanian Police Academy Alexandru Ioan Cuza, Bucharest,
unpublished PhD Thesis.
Ion, G.I. (2011), Main Procedures, Guides, Practices
Developed in the Field of Cybercrime Offenses, Romanian
Journal of Forensic Science, Vol. XI, no. 5 (77), p. 840-847.
Appendix: Stages of the Proposed Procedure of Cybercrime
Investigation
891
MODERN METHODS AND TECHNIQUES

FOR IDENTIFYING PERSONS DUE TO THE VOICE
AND SPEECH
METODE I TEHNICI MODERNE
DE IDENTIFICARE A PERSOANELOR
DUP VOCE I VORBIRE
Conf.univ.dr.Adrian IACOB
Lector univ.dr.Ioan Liviu TUT
Academia de Poliie Alexandru Ioan Cuza
Abstract
The author underline the characteristics of voice and speech that help to identify a
person, presenting at the same time some modern techniques used in this eld.
Key words: voice, speech, fonorespiratory system, spectral differentiation of the
sound.
Rezumat
Autorul a cutat s scoat n eviden particularitile vocii i vorbirii pe baza crora
o persoan poate identicat, prezentnd totodat i unele tehnici moderne folosite n
cadrul acestei identicri.
Cuvinte cheie: voce, vorbire, vocogram, aparat fonorespirator, difereniere spectral a
semnalului vocal.
I. General Knowledge about Voice and Speech

Identication of people by voice is one of the new
modern scientic methods which the Forensics uses in
order to establish the truth and nd the perpetrators of
a crime. Regarding this new identication method, we
may say that it refers not only to criminal cases but it
can also be successfully used in civil matters.
There are many cases in which the complainant les
in court, in civil courts, tapes on which there are recorded
discussions which undoubtedly result in proof that it needs
to support claims or to identify the defendant (for example,
nding actions, divorce actions, denial of paternity, actions
for recognition the quality of heir and others), in these cases,
the voice and speech expertise can determine whether
the magnetic phonograms are true or false, the method of
falsication and if you can identify the person whose voice
is registered on the tape.
The voice may be dened as the result of the periodical
air pressure variations in the upper-glottal cavities aided by
the lingo-palatal mechanism.
The individuality of voice and speech, which is determined
by various anatomic and physiological characteristics, allows
the certain identication of an individual from another based
on features of a different nature when there are sound traces
of the voice and speech that have been phonically recorded
by means of electronic devices during the commission of a
crime or a sequence of the crime.
The forensic examination of the sound traces with the
purpose of identifying individuals and detecting certain
circumstances in which a crime has been committed has
become possible due to the development of some scientic
methods and techniques to which also contributed Romanian
researchers. According to the eld literature the scientic
foundation of this method consist in the specicity of the
892
anatomic, physiological and pathological characteristics of

each individual voice that is the features that determine the
individuality of every persons voice, namely :
a. The voice alterations depending on the individuals
age are due to the physiological development of a persons
body starting with the stage of voice formation (in childhood
or at a young age), the stage of the adults stabilization
and eventually ending with the involution stage at elderly
people;
Immediately after puberty (especially at boys aged 12 to
15) the voice stabilizes for the rest of the persons life until
old age, what implies that along this time interval the general
and individual anatomic and physiological characteristics
of every persons fonator system maintains a relatively
unchanged status. With age, the verbal output decreases,
namely the average number of sounds or words uttered per
unit of time. Consequently, one may notice that the verbal
ow is slower in older people than in adults. Often there may
appear a kind of hoarseness or better said a voice timbre
distortion, characterized by a low frequency .
Furthermore, with age there are changes in the articulation
of speech segments, fonating time is longer because of
the slower speech rythm, and the vowels utterance time is
shorter corresponding to respiratory difculties. There are
people who suffer from the trembling voice phenomenon
as a result of an inconsistency between the stimuli and the
response of the vocal cords muscles.
b. Distinctive features of the fonator and respiratory
system
All the component parts of the fonator system (lungs,
trachea, larynx, vocal string, oral cavity, diaphragm muscle,
nose) have an individual structure, which respects the
follow the anatomical pattern. In other terms, the structure
of the throat, the oral cavity, including the nasal pits render
the sounds on a certain frequency range which is unique
to each individual. Moreover, the length, thickness and

degree of elasticity of the vocal cords provide the individual
characteristics of the voice.
c. Particularities of the fonator function
The physiology of breathing displays a series of
particularities reected in the voice intensity and loudness,
having a miotatic inuence, and more or less in the tone of
the vocal cords.
The particularities of the fonator function are determined
by the respiratory physiology and especially the way the
vocal cords function.
The intensity of sound corresponds to the resistance of
the vocal cords, the pressure and the velocity of the expired
air. The vibrations of the vocal cords are amplied in the
oral cavity and altered by the tongue.1 These particularities
are reected in the three main characteristics of the voice:
timbre, frequency, intensity. Among the previously stated,
the rst two are important in identifying the person, because
they escape the conscious control.2
d. Particularities entailed by changes of the fonator
-respiratory system
They are generally caused as a result of certain diseases
such as: laryngitis, pharyngitis, paralysis, psychiatric
crosstalk, which cause a series of changes, starting from
a simple hoarseness to aphonia. There could also appear
constitutional inadequacy, characteristic for each individual,
such as:
discrepancies between a large respiratory system and
a small larynx;
discrepancies between a weak respiratory system and
a powerful larynx;
the existance of a reverse or a costal breathing, etc.
All these features together with those which have been
previously mentioned contribute to a persons individualized
voice.
These features would not be useful in identifying a
person according to his/her voice unless voice were stable.
Once voice changes at puberty, it remains relatively stable
throughout life.3 There are obvious changes which appear
with age, or some others caused by certain diseases of the
fonator-respiratory system.
e. Particularities caused by certain diseases of the
fonator-respiratory system
The vocal sound bears the same general and individual
features, if all elements are functional. Any change of the
respiratory system, vocal cords, larynx, pharynx, sinuses,
nasal cavity, bucal cavity entail changes of the voice.1
Hypokinetic dysphonia, myopathy or laryngeal paralysis,
associated to chronic laryngitis, and psychiatric crosstalk
cause voice distortions such as: hoarseness, weaker
intensity, reduced pitch range, the appearance of longer
breaks between sentences, voice timbre loss, cutting the
ending of words or sentences, the appearance of bitonal
sounds, voice strain, and sometimes aphonia.2 When the
person whose voice, speech at issue and comparison speech
had been recorded, suffered from one of the previously
mentioned impairments, it leads to the appearance of some
further individual characteristics, which will contribute to
identifying the person.
2. Voice and Speech Identication Characteristics
In order to establish and scientically rate voice and
speech characteristics, special technical recording means
like sonographs are necessary, because they facilitate
a complex analysis of the general and individual phonoacoustic characteristics. These devices visually render
voice characteristics by means of a graphic transcription of
vocograms.
The main physical parameters established by the
sonograph are: frequency, intensity, duration. Forensic
expertise of voice, speech and spectrographic image of
vowels and consonants reveal a series of general and

particular features relevant for a persons identication.
2.1. Voice features
a. General voice acoustic features
General scheme of vocogram formants;
Formants designate the transcription of vowels and
consonants as drawings indicating central frequencies which
correspond to the resonant frequency in the oral cavity;
The amount of time used to utter a word or a group of
words.
Voice Intensity
All said characteristics serve in narrowing down the
number of suspects. As each language displays its own
phonetical idiosyncrasies , the need to produce a Romanian
voice and speech identication method has emerged.
Sounds offering general and individual hallmarks to identify
persons from voice and utterance are made up by vowels
and consonants.
b. Individual Acoustic Idiosyncracies are formed by a
cluster of frequencies, as follows:
resonance frequency of the vocal instrument cavity
(formants);
Frequency specic to nasal sounds and frequency of
voice; in examining voice frequency, both frequence of
formants and notably, frequency of main tone viewed
as an invariable idiosyncracy of voice , are taken into
consideration.
2.2. Utterance Idiosyncracies
Overall, speech is characterized by peculiarities in
wording and style, typical of a certain group of persons.
Elements allowing for individualization are, as follows:
a. Phonetical Peculiarities (accent, intonation, word
fading, pronunciation of foreign words);
b. Foreign-Speaking
Phonetical
Peculiarities,
encountered in non-native persons wording an otherlanguage utterance at the moment under discussion;
c. Speech Impediments and Lexical Peculiarities,
such as regional variations or professional idiosyncracies.
These peculiarities pertaining to personal speech mode
may be recognised by witnesses or victims, on identity
parades including voice and speech carried out by law
enforcement ofcers according to certain tactical rules.
3. Recognising Persons from Voice via Biometric
Methods
One of the easiest ways in personal biometric
identication is vocal recognition. Vocal traits of persons
are determined by physiological aspects of the human vocal
system. Sound vibrations are emitted by the vocal chords.
Subsequently, vaccilations are modied by the size of the
buccal cavity, the position of the tongue, the shape and size
of lips. All above factors are contributive to the uniqueness
of a human voice.
To exemplify the above, the following charts on vocal
intensity values in two distinct persons on uttering a complex
sentence, are given.
Spectrum components contain many pieces of
information difcult to record in their entirety. They are
ltered through an automated instrument, commonly based
on a Markoff Model, thus eliminating redundant information
towards identication simplication.
The stored information is memorized (should data basis
recording be intended).
The electronical device is capable of operating
distinctions among spectrum power I signals; by applying
the block benchmark (Chart 2), it converts analogical into
digital signals (ADC Analogue to Digital Converter).
Subsequently, this signal is broken down into its spectrum
components via swift FFT transformation (Fat Fourier
Transform).
893
Chart. 1 Spectrum differentiation in vocal signals

The time needed in voice recognition may vary (from
manufacturer to manufacturer) from 6 to 20 seconds.
Chart 2 Block benchmark in vocal recognition

systems
4. Forensic Expertise of Voice and Speech
Under the law, criminal investigation actors, courts,
parties to a trial, may ask for forensic expertise in personal
identication based on voice recorded on various magnetic
mediums, authentifying audio recordings, to produce
evidence to the effect of establishing guilt or clearing
circumstances surrounding a crime.
The difculties a forensic voice and speech expertise
may solve refer not only to the identication of the person,
but also other aspects which can provide useful answers to
the questions of judicial bodies, such as :
to establish the authenticity of audio recordings;
to identify the speaker under certain conditions regarding
the registration quality and in comparison with available
models from which to obtain data on sex, age, profession,
origin of the speaker, any diseases of the fonorespiratory
system, if the person read or spoke freely, without being
constraint to or if he was under stress, etc.;
to determine any disguises of voice and speech, made
by covering the phone with a handkerchief, speaking in a
whisper, tone change, etc.
Among the offences frequently committed orally we
mention here threats, blackmail, slander, assault, indecent
proposals, trafc of inuence, giving and taking bribes,
corruption, slanderous denunciation, false testimony and
threats to national safety .
Regarding the theoretical and practical possibilities of
making voice expertise it is worth to underline the use of
methods for detecting attempts to tamper audio recordings.
The method of voice and speech expertise in Romanian,
establishes the means, principles, procedures and
techniques used to examine traces of voice and speech
sound, and models for comparison in order to answer the
894
questions raised by the judiciary authorities. The sound

of the voice and speech means the magnetic pattern of
the general and specic characteristics of the speaker on
track tapes, voice, video tape, whose examination in a
fonocriminalistic laboratory may lead to identify the speaker
and establish the forgery.
The method developed by Dr. Ion Anghelescu is complex
and involves several stages of analysis and demonstration
using specic procedures and examination techniques of
voice and speech. The stages of the method according to
the Romanian fonocriminalistic method are :
preliminary examination of the material subjected to
expertise;
separate examination of the parts in question and
model comparison;
comparative examination of the general and specic
characteristics of voice and speech;
demonstration of the similarities or differences ;
conclusions made by the expert (clearly positive
or negative, of probability or impossibility to solve the
problem).
Note
1.
St. Grbea, G. Cotul Phonoaudiology, The Didactic
and Pedagogical Publishing House, Bucharest, 1967, p. 220.
2.
Emilian Stancu Forensic Science Study, 2nd
Edition, Bucharest, 2002, p. 174.
3.
Ion Anghelescu Methods of identifying individuals
by voice and speech in Romanian Language, Licence no.
5556/1972.
4.
Ion Anghelescu The Forensic Examination of
Voice and Speech, the Scientic and Encyclopaedic Publishing
House, Bucharest, 1978, p. 36.
5.
Ion Anghelescu - Forensics expertise of the voice
and speech, Scientic and Encyclopedic Publishing House,
Bucharest, 1978, page 36.
6.
Al. Doriza - Voice, mechanisms, impairments,
associations, Medical Publishing House, Bucharest, 1972,
pages 198-199
7.
Ion Anghelescu - Voice and speech forensic expertise,
Scientic and Encyclopedic Publishing House, Bucharest,
1978, page 37.
8.
1 St. Grbea, G.Cotul Phono-audiology, The Didactic
and pedagogical Publishing House, Bucharest, 1967, page
208.
9.
2 Marcel Sicot - Fauses et vraies identities, op.cit,
Bucharest, 1967, page24-25
10. 3 Emilian Stancu - op.cit, page 175
11. 1 Ion Anghelescu - Forensics expertise of the voice
and speech, Scientic and Encyclopedic Publishing House,
Bucharest, 1978, page 40.
12. 2 Al Doriza- Voice, mechanisms, impairments,
associations, Medical Publishing House, Bucharest, 1972,
pages 102-170
13.
V. Suteu Research based on Romanian Vowels
Summaries, Linguistic Papers and Research, No.1/1971,
Romanian Academy Publishing House, pp.25-35;
14.
Emilian Stancu op.cit., p.176.
15.
C-tin Drghici, A. Iacob Technical Forensic Treaty,
second edition, Sitech Publising House, Craiova, 2009, p. 479.
16.
Practical Treaty of Forensics, 1st volume, p. 135
and 2nd volume, p. 108, Ministry of Interior Publishing House,
Bucharest, 1976 and 1978
17.
Ctlin Grigora, Expertise of audio recordings,
symposium Realities and Perspectives in Forensics, Bucharest,
October 2002, p. 156-158
18.
Ion Anghelescu, Forensic expertise of voice and
speech, Scientic and Encyclopedic Publishing House,
Bucharest, 1978, p. 45-46
PHYSICAL-CHEMICAL EXPERTIZE
OF THE TEXTILE FIBERS TRACES
EXPERTIZA FIZICO-CHIMIC
A URMELOR DE NATUR TEXTIL
Police deputy commissary chemist Ene Carmen Luminia
Police principal inspector chemist-physicist Savu Lorena-Magdalena
I.G.P.R. National Forensic Science Institute
Abstract
Traces and microtracess study has an important role science and forensic researches, in
all aspects, starting with the way that they were created, their general aspect and continuing
with the technical methods used for search and recover from the crime scene, respective
ending with their examination in lab conditions and the forensic experts conclusions.
Identication and recovering of the textile traces from the crime scene in different cases
represents an important source in the process of the forensic investigation.
Key words: textile traces, natural textile bers cotton, synthetic textile bers (polyester,
polyacrylnitril), fabrics, warp bers and yarn bers, morphologycal and physical-chemical
characteristics, type and colour shade of the bers, chemical composition, infrared
spectra.
Rezumat
Studiul urmelor i microurmelor are un rol important n tiina i practica cercetrii
criminalistice, sub toate aspectele, ncepnd de la procesul de formare, aspectul sub care
se prezint, continund cu metodele i mijloacele tehnice de cutare, xare, ridicare de la
locul faptei i naliznd cu examinarea lor n condiii de laborator, respectiv cu concluziile
expertului criminalist. Identicarea i prelevarea urmelor de natur textil din cmpul
infraciunii n diferite cauze reprezint o surs important de informaie n procesul de
investigare criminalistic.
Cuvinte cheie: re textile, materiale textile, bre textile naturalebumbac, bre
textile sintetice tip poliester i tip poliacrilonitril, estur, re de urzeal i de bttur,
caracteristici morfologice i zico-chimice, natura i nuana culorii brelor, compoziia
chimic, spectre IR.
The term expertise came from the word

expertus from latin language which means - to try,
to prove and consist in solving some strictly special
problems by persons that have deep knowledges in
a certain eld. The scientic title of these competent
persons that accomplish an expertise is expert. The
expertise can be accomplish, in different elds, by
the expert named by the police, the public prosecutor
or the instance, by request or from ofcially. The
forensic police establish the object of the expertise,
the questions that the expert has to answer and the
dead line of the expertise.
The samples sent by the forensic police to be expertised
are analysed with technical methods especially adaptated
and perfectioned, according with the main request of the
development of an expertise, like a scientic procedure,
to establish a correspondence with the reality of the
facts. The science and the forensic research have a lot
of possibilities to identify and to turn to good account of
the traces created in the crime scene. The crime scene
investigation is very important because represent the
base in nding the truth and can establish the facts that
took place in the certain moment and place.
Examination of the traces and microtraces have
an important role in forensic science in all the aspects,
begining from the moment of the creation of these traces,
their aspect and technical methods used for search and
recover them from the crime scene, ending with their
examination in lab conditions and the forensic experts
conclusions.
Physical-chemical expertise of the textile traces and
microtraces represent an important eld because its
have a major contribution in solving of a penal cause, for
example: homicide, suspect death, trafc road accidents,
etc.
I. In a homicide, where the victims were two
female, mother and daughter, in the crime scene
investigation (the at where they were living) were
recovered textile microtraces on a metalic fragment,
found in the body of the daughter by the coroner.
For comparison experts have used a pilow found
near the sofa, in front of the door of the dining-room.
895
The investigation ofcer was asking the experts to

establish if the physical-chemical characteristics of the
textile sample found in the crime scene are the same with
the physical-chemical characteristics of the comparison
textile sample.
From macro and microscopic examinations of the
textile samples, the experts come to the conclusion that:
the textile bres recovered from the metalic
fragment, found in the body of the daughter by the
coroner (photo no. 1) has to be washed to remove the
impurities that can modify the colour
of the bers.
The
lab
analysis
(optical
microscopy with Nikon Eclipse 80i
cu ob. 10x, oc. 10x microscop and
infrared spectrometry with FTIR tip
TENSOR 27 - Golden Gate device
and FTIR Hyperion 2000 microscop,
objective Micro ATR20x, in the range
Photo no. 1
4000 - 550 cm-1, resolution 4 cm-1)
showed that these textile bers are
synthetic polymers white polyester (in articial light)
photo no. 2, 3 and gure no. 1.
Photo no. 5-7 textile microtraces recovered in the lab

from the metallic fragment (microscopic aspect)
Figure no. 2 IR spectra of the bers recovered in the lab

from the metallic fragment
- the textile sample recovered in the laboratory from

the orice of the pillow (photo no. 13) was examinated
in similar conditions with the samples recovered by the
coroner and in our lab, from the metallic fragment. This
sample contains white textile bers (in natural light) with
a different morphologycal aspect between them: some
textile bers have a bigger width, other textile bers
have a black channel on the lenght of the ber; physicalchemical analysis proved that textile bers are synthetic
polymers polyester photo no. 8 - 10 and gure no. 3.
Photo no. 2, 3 - textile microtraces from recovered

by the coroner (microscopic aspect)
Photo no. 8-10 comparison textile bers (microscopic aspect)
microscopic)
Figure no. 1 IR spectra of the textile bers recovered

by the coroner
- the metallic fragment found in the body of the victim

(daughter) by the coroner was examinated with a Carl
Zeiss Jena cu oc.10x, ob. 2,5x stereomicroscop, in
natural light, for identication
and recovering of the textile
microtraces (photo no. 4).
Textile microtraces recovered
in the laboratory from the
metallic fragment were analysed
and the conclusions were that
these textile bers are synthetic
polimers white polyester (in
articial light) photo no. 5 - 7
and gure no. 2.
Photo no. 4
896
Figure no. 3 IR spectra of the bers from the orice

of the pillow
The pillow - comparison sample - was examinated

in the similar conditions with the samples from the crime
scene. The pillow is manufactured from beige textil
garment with beige and brown geometric model and has
two orices ilustrated in photo no. 11, 12; the detail of the
orice from photo no. 12 is ilustrated in photo no. 13. For
future analysis were recovered textile fragments from the
textile garments used for manufacture the pillow: beige
and brown exterior textile garment (photo no. 14), white
interior textile garment (photo no. 15) and white textile
lling garment (photo no. 16); also were recovered textile
fragments (photo no. 17) from the orice area ilustrated
in photo no. 13.
Photo no. 11
Photo no.14
Photo no. 12
Photo no. 13
Photo no. 15 Photo no. 16
Photo no. 21textile

bers from yellow
yarn ber
Foto nr. 22 textile

bers from beige
yarn ber
Photo no. 17
The exterior garment of the pillow is a fabric with

geometric model, obtain from white, yellow and brown
warp textile bers and from yellow and beige yarn textile
bers (in natural light).
Figure no. 5 IR spectra of the yellow yarn bers

from the pillow
White warp textile bers are composed from synthetic

polymers white-yellow polyester, in articial light (photo
no. 18 i gure no. 4).
Yellow warp textile bers are composed from synthetic
polymers yellow polyester, in articial light (photo no.
19 i gure no. 4).
Brown warp textile bers are composed from synthetic
polymers light brown polyester, in articial light (photo
no. 20 i gure no. 4).
Figure no. 6 IR spectra of the beige yarn bers

from the pillow
Yellow yarn textile bers are composed from a mixture

of natural textile bers white-light yellow cotton (majority)
and synthetic polymers white-light yellow polyester, in
articial light (photo no. 21 i gure no. 5).
Beige yarn textile bers are composed from a synthetic
polymers - white with light yellow shade - polyacrylonitril,
in articial light (photo no. 22 i gure no. 6).
Photo no. 18
textile bers from
white warp ber
Photo no. 19
textile bers from
yellow warp ber
Photo no. 20
textile bers from
brown warp ber
Figure no. 4 IR spectra of the warp bers

from the the pillow
Photo no. 23
comparison textile bers
(microscopic aspect)
White interior garment of

the pillow is obtained from
white textile bers white with
light yellow shade synthetic
polymers (photo no. 23 and
gure no. 7).
Figure no. 7 IR spectra of the bers from the interior

of the garment of the pillow
Photo no. 24, 25 comparison textile bers

(microscopic aspect)
897
- other fragment of the cord has the length 690 mm,

presents white colour in natural light (photo no. 31); the
textile ber is Z twisted and is obtained from dark brown
synthetic polimers, in articial light (photo no 32).
Figure no. 8 - IR spectra of the bers from lling textile

garment of the pillow
The comparative examination of the samples

proved that the textile bers recovered from the metallic
fragment, found in the body of the daughter by the
coroner and textile microtraces recovered in laboratory
from the metallic fragment have similar morphological
characteristics ( colour and chemical composition of the
bers) with the white textile bers that have a bigger width
from the sample recovered in the lab from the orice of
the pillow ilustrated in photo no. 13 (photo no. 26, 27).
Photo no. 31the

comparison sample
Photo no. 32 - the comparison

sample
The fragments of cord from the envelopes no. 5 and

6 that came in the laboratory were analysed in infrared
spectrometry with FTIR tip VARIAN 3100- microATR
device, in the range 4000 - 600 cm-1, resolution 4 cm-1,
according with PSL-03-07.
The IRs spectra obtained (gure no. 9) have the
same conguration for the samples that were analysed
(A, B and C cord fragments- samples from the crime
scene and the comparison cord fragment) and present
absorbtion bands positioned in the same wavelength
with those of the synthetic polymers polypropylene.
Photo no. 26, 27 textile bers recovered

from the crime scene/comparison textile bers
II. In a case of a robbery, the investigation ofcer

ask the experts to establish if the fragment of the
cord recovered from a river has the same physicalchemical characteristics with the fragment of the
cord found in the trunck of the car that was owned
by the suspect. The samples were analysed with Carl
Zeiss Jena cu oc. 10x, ob.2,5 stereomicroscop and
with Nikon Eclipse 80i cu ob. 10x, oc. 10x microscop
in articial light and the results obtained are:
- a fragment of the cord has the length 1600 mm,
presents white colour in natural light and has two junctions
on the lenght (photo no. 28); the textile bers are, each
of them, Z twisted, and are composed from dark brown
synthetic polimers, in articial light (photo no. 29, 30);
C
Photo no. 28 - the sample recovered from the crime scene
(macroscopic aspect)
Photo no. 29 - the fragment A
898
Photo nr. 30 the fragment B
Figure no. 9
From the laboratory analysis the conclusion was that

A, B and C cord fragments that were recovered from the
river have the same morphological and physical-chemical
characteristics (the colour in the natural light, the way that
were twisted, the chemical composition and the colour of
the bers in the articial light) with the comparison cord
fragment found in the trunck of the car that was owned
by the suspect.
This conclusion allows to establish a connection
between the samples recovered from the crime scene
and the suspect.
Through capitalization of these kind of textile traces and
microtraces, with special devices and technical methods
especially adaptated and perfectioned, according with
the the main request of the development of a physicalchemical expertise, like a scientic procedure, can be
establish a correspondence with the reality of the facts.
Bibliography
1.
M. Ghimbu, E. Iacobeanu, Textile Raw Material Study,
Bucharest, Didactic and Pedagogical Publishing, 1973
2.
tefnescu, E., The types, the characteristics and the
utility of the polyester bers in the textile industry, Nr. 1/ 1962
3.
Marchis .a ., The structure and design of a fabric,
Bucharest, Technical Publishing, 1964.
4.
L. Alexandru, S. Bosic, Synthetic bers, chemistry
and technology, Bucharest, Technical Publishing, 1966
5.
www.textileweb.com.
6.
www.eurotexx.com.
7.
www.microtracescientic.com
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ROMANIAN FORENSIC ASSOCIATION PRESENT

When launching these works,

Since March 2011 the Romanian Journal of Forensic Science

THE SCIENTIFIC BOARD

Romanian Journal of Forensic Science was assessed

The authors are liable for

Editor: Vasile LPDUI

Editor: Romanian Forensic Association,

TO THE ATTENTION OF READERS

The next issue of the journal will come out on

Theoretical and practical solutions are the

The printing approval was given by the editorial chief.

FORENSIC SCIENCE NO. 6 (78), DECEMBRE 2011, VOL. XI

INTERNATIONAL FORENSIC CONFERENCE

FORENSIC SCIENCE NO. 6 (78), DECEMBRE 2011, VOL. XI

From the beginning, the Romanian Forensic Science

Mr. Enerico Santoreli;

FORENSIC SCIENCE NO. 6 (78), DECEMBRE 2011, VOL. XI

the end of the article). In continuation, Senior Police Quaestor

FORENSIC SCIENCE NO. 6 (78), DECEMBRE 2011, VOL. XI

The participants appreciated especially the following

16. The legal framework regarding the use of the technical

police trained dogs doctoral candidate, Chief Superintendent

Crime scene investigation methodology;

Trafc accident and air trafc accident investigation

Using traces and other forensic means of evidence in

Violent crime investigation methodology.

FORENSIC SCIENCE NO. 6 (78), DECEMBRE 2011, VOL. XI

those in Bihor, Cluj, Timi, Constana, Maramure, as well as

FORENSIC SCIENCE NO. 6 (78), DECEMBRE 2011, VOL. XI

CRIMINALISTICA N SECTORUL PRIVAT

n anul 1936 se nineaz Biroul Central al

n anul 1991 SSC ncepe s perceap taxe clienilor

n anul 1995 se nineaz Baza de Date Naional

n anul 1996 se privatizeaz Laboratorul de Chimie

n anul 2003 Recenzia McFarland a Serviciului de

n anul 2003 Poliia Metropolitan devine primul

n anul 2005 LGC achiziioneaz Aliana

n anul 2007 ncepe Proiectul Naional pentru

n anul 2008 este premiat contractul N. Vest/S. Vest

n anul 2010 Cadrul Naional de Criminalistic a

n anul 2010 se face anunul prin care SSC se va

600 de angajai n 8 laboratoare din Marea Britanie

Analize ADN ale petelor din cmpul infracional

Analize ADN ale mostrelor de referin (260.000

Studii de caz pentru urmele zice i biologice;

Participarea la investigarea la faa locului, ecologie

Criminalitatea informatic E-crime (telefoane

Arme de foc i balistic;

Cazuri dosare neelucidate Cold cases (cel mai

Principalele activiti criminalistice (expertizele) au fost

FORENSIC SCIENCE NO. 6 (78), DECEMBRE 2011, VOL. XI

a putea participa la licitaie, infraciunile au fost grupate pe

caracterizat prin introducerea pe piaa criminalistic a unei

Extinderea Bazei de date Naionale ADN a Marii

FORENSIC SCIENCE NO. 6 (78), DECEMBRE 2011, VOL. XI

Communication at the International Conference of Forensic -26 to 27 October Bucharest

Prima licitaie a fost ctigat