JOURNAL OF CRIMINAL INVESTIGATION

Transcription

1 ALEXANDRU IOAN CUZA POLICE ACADEMY JOURNAL OF CRIMINAL INVESTIGATION Volume V Issue 2/ The Journal is indexed in the EBSCO CEOL, SSRN, Index Copernicus international database - ~ 1 ~

2 JOURNAL OF CRIMINAL INVESTIGATIONS Director Prof. COSTICĂ VOICU Ph. D Scientific Board: MAURICE PETIT Prof. LIGIA NEGIER DORMONT Ph.D "Police College Bruxeles" Université Pantéon, Paris NORBERT LEITNER PETER LAMPLOT Rector of the Academy of Security Vienna Reader of the Academy of Security Vienna Prof. ION DOGARU Ph.D Prof. LAZĂR VLĂSCEANU Ph.D Member of the Romanian Academy Bucharest University Prof. OVIDIU PREDESCU Ph.D Prof. ROMIŢĂ IUCU Ph.D Faculty of Law "Simion Bărnuţiu" Pro-rector of Bucharest University Prof. TEODOR FRUNZETI Ph.D Prof. GHEORGHE TOMA Ph.D Rector of the National Defense Deputy Rector of the National Intelligence University "Carol I" Academy "Mihai Viteazul" Prof. GHEORGHE POPA Ph.D Prof. MARIAN PREDA Ph.D Rector of the "A.I.Cuza" Police Academy Bucharest University Lecturer MIHAELA FLORENTINA PRUNĂ Ph. D Prof. NICOLETA DIACONU Ph.D Dean of the Law Faculty, Romanian-American "A.I.Cuza" Police Academy University of Bucharest Prof. FLORIN SANDU Ph.D Lawyer of the Bucharest Bar Association Prof. VLAD BARBU Ph.D Prof. ALEXANDRU BOROI Ph.D Police Quaestor PETRE TOBĂ Ph.D Chief of Romanian Police Prof. IOAN DASCĂLU Ph.D Prof. MIHAI BĂDESCU Ph.D Editorial Committee: Chief Editors: Prof. ŞTEFAN EUGEN PRUNĂ Ph.D Deputy Editor: Lecturer LAURENŢIU CONSTANTIN GIUREA Ph.D Editorial Secretary General: Assist. Lecturer MARIUS CEZAR PANTEA Ph.D Assist. Lecturer Claudiu M. ŢUPULAN Ph.D Lecturer Nicolae GHINEA Ph.D. Assist. Lecturer Nicolae GROFU Ph.D Assist. Lecturer Nelu NIŢĂ Ph.D Assist. Mihail P. MARCOCI Ph.D Assist. Ioan-Cosmin MIHAI Ph.D. Assist. Amalia NIŢU student Ph.D Editors: Assist. Lecturer Gheorghe POPESCU Ph.D Dan BUCUR Ph.D Assit. Lecturer Ionuţ Andrei BARBU Ph.D Assist. Lecturer Laura MAIEREAN Ph.D Assist. Sergiu A. VASILE Ph.D Assist. Cristian Eduard ŞTEFAN Ph.D Assist. Ligia STANCU student Ph.D The Magazine is published with the support of the Police Department from A.I.Cuza Police Academy Semestrial publication under IPA Romania Address: Bucharest, Şos. Olteniţei, , Sector 4, Tel , ISSN ~ 2 ~

3 ALEXANDRU IOAN CUZA POLICE ACADEMY CONTENTS I. ANALYSIS, STUDIES, SYNTHESIS REFLECTIONS ON SOME PROVISIONS OF THE LAW NO. 187 FROM ON THE ENFORCEMENT OF THE ROMANIAN CRIMINAL CODE (Law no. 286/2009) Part I... 7 Professor Costică VOICU Ph.D Assist. Amalia NIŢU Ph.D student FORGERY AND PIRACY WITHIN SLOT-MACHINE GAMING FIELD Associate Professor Marius PANTEA Ph.D LA MONDIALISATION DE L INFORMATION Asist. univ. drd. Ligia Cristina Maria STANCU INTEGRATING CULTURE AND MANAGEMENT Emil STANIMIR Ph.D student II. EVOLUTION AND TRENDS OF CRIME LE PROFIT DE L ENTREPRISE CRIMINELLE Dan BUCUR Ph.D Lawyer Lia Andreea DAN EUROPEAN LEGAL SYSTEM OF POLICE COOPERATION IN THE FIGHT AGAINST TERRORISM AND ORGANIZED CRIME Assistant Cristian-Eduard ŞTEFAN Ph.D ZUSAMMENARBEIT UND INFORMATIONSAUSTAUSCH BEI DER BEKÄMPFUNG VON FINANZDELIKTEN Lect. Iuliana JIDOVU Ph.D REFLECTIONS ON THE ACTIVE SUBJECT AND THE ESSENTIAL CONDITIONS FOR THE OFFENSE OF BRIBE RECEIPT Lect. Ionuţ Andrei BARBU, Ph.D III. RESEARCH AND CRIME PREVENTION ASPECTS OF CRIMINALITY: INTELLECTUAL PROPERTY, FORGERY AND COUNTERFEITING Lect. Gabriela ŞERBĂNOIU Ph.D ~ 3 ~

4 JOURNAL OF CRIMINAL INVESTIGATIONS QUELQUES ASPECTS CONCERNANT L IDENTIFICATION DES CADAVRES D ORIGINE INCONNUE SOME CONSIDERATIONS ON THE IDENTIFICATION OF BIDIES WITH UNKNOWN IDENTITY Lecteur universitaire docteur Marin-Claudiu ŢUPULAN LE RÔLE DES INFORMATIONS DANS LE PROCÈS D`ADMINISTRATION DES ESAIS THE ROLE OF INTELLIGENCE IN THE PROCESS OF ADMINISTERING THE EVIDENCE Lecteur universitaire docteur Gheorghe POPESCU EUROPEAN UNION POLICY ON COMBATING ABUSE OF DOMINANT POSITION Lect. Laura MAIEREAN Ph.D THE FIELD OF ADMINISTRATIVE CONTRACTS IN THE ROMANIAN POSITIVE LAW RELATED TO THE PROVISIONS OF ART. 2 ITEM (1) LET. C) FROM LAW NR.554/2004 REGARDING THE ADMINISTRATIVE LEGAL DISPUTE Lect. Cristian Giuseppe ZAHARIE Ph.D student Niculae GAMENŢ-ANTONIU Ph.D student BRIEF ANALYSIS ON PROBLEMS THAT NEED TO BE CLARIFIED DURING THE INVESTIGATION OF THEFTS Lect. Marin RUIU Ph.D IV. MANAGEMENT OF CRIME INVESTIGATION ANALYSIS OF RISKS AND VULNERABILITIES IN DOCUMENT MANAGEMENT SYSTEMS Costel CIUCHI Ph.D Student Prof. Angelica BACIVAROV Ph.D Laura IANCU Ph.D Student E-LEARNING SECURITY MANAGEMENT Assist. Ioan-Cosmin MIHAI Ph.D CRISIS AND RISKS MANAGEMENT WITHIN THE MINISTRY OF INTERIOR Lect. Gheorghe POPESCU Ph.D Eugen NEAŢA Ph.D V. SCHENGHEN ISSUES CONSTABULARY COOPERATION THROUGH NATIONAL INFORMATICS SYSTEM FOR ALERTS Lect. Ligia Teodora ILIESCU Ph.D VI. REVIEWS ~ 4 ~

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6 ALEXANDRU IOAN CUZA POLICE ACADEMY REFLECTIONS ON SOME PROVISIONS OF THE LAW NO. 187 FROM ON THE ENFORCEMENT OF THE ROMANIAN CRIMINAL CODE (Law no. 286/2009) Part I Professor Costică VOICU Ph.D c.voicu@iparomania.ro Law Faculty, Spiru Haret University Assist. Amalia NIŢU Ph.D student amalianitu@yahoo.com Alexandru Ioan Cuza Police Academy Social reality, more complex and dynamic than ever, requires measures to amend and supplement the legal framework in criminal matters. At the same time, the new legal framework updated as a response to the new forms of crime requires the adoption and implementation of new methods and techniques related to crime investigation. The management of public property is a primary goal of any government. Public money or property is one of the fundamental resources of the state. Given the significant size (over 50 percent) of the public domain within the national economy as well as the funds and assets administered, we believe that it is necessary to impose a new strategy to prevent and combat crimes that are committed in this vital area of the economy. Key words: new criminal code, crimes, check related crimes, economic police officer, copyright ~ 7 ~

7 ALEXANDRU IOAN CUZA POLICE ACADEMY FORGERY AND PIRACY WITHIN SLOT-MACHINE GAMING FIELD Associate Professor Marius PANTEA Ph.D Police Faculty Alexandru Ioan Cuza Police Academy Within this present article we refer to the modalities by which the intellectual property rights are flagrantly violated, leading to important injuries for the beneficial owners, the State, and the consumers of these rights too. Keywords: gambling, forgery, piracy, trade mark, industrial drawing, infringement ~ 11 ~

8 ALEXANDRU IOAN CUZA POLICE ACADEMY LA MONDIALISATION DE L INFORMATION Asist. univ. drd. Ligia Cristina Maria STANCU ligistancu@yahoo.fr Academia de Poliţie, Bucureşti The theme proposed for this paper is justified by the fact that globalization of information is a contemporary problem for the Romanian society but also because the field of information security is one highly studied. By analyzing these issue aspects as globalization of information, risks and threats against national security can be more easily understood, even by people that are not experts in the field. Key words: information, globalization, risk, security, threat ~ 29 ~

9 ALEXANDRU IOAN CUZA POLICE ACADEMY INTEGRATING CULTURE AND MANAGEMENT Emil STANIMIR Ph.D student Judicial police officer - Teleorman County Police A major challenge of doing business internationally is to adapt effectively to different cultures. Such adaptation requires an understanding of cultural diversity, perceptions, stereotypes, and values. Because different cultures exist in the world, an understanding of the impact of culture on behavior is critical to the study of international management. If international managers do not know something about the cultures of the countries they deal with, the results can be quite disastrous. Keywords: culture, cultural knowledge, organizational culture, values, management. ~ 35 ~

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11 ALEXANDRU IOAN CUZA POLICE ACADEMY LE PROFIT DE L ENTREPRISE CRIMINELLE Dan BUCUR Ph.D dan.bucur@politiaromana.ro Romanian Police General Inspectorate Fraud Investigation Directorate Lawyer Lia Andreea DAN lia.andreea.dan@gmail.com Bucharest Bar Association In the context of big global and European changes, organized crime has gained new dimensions. This is a serious concern for most of the states. Organized crime is structured in associations, cartels and crime groups which aim at exploiting legislative systems in order to obtain profits and influence resorting to lehal and illicit means. This article analyses the way cross border criminal groups are financed using legitimate bussiness means. Keywords: criminal contracting, organized crime, economic-financial crime, money laundering ~ 45 ~

12 JOURNAL OF CRIMINAL INVESTIGATIONS EUROPEAN LEGAL SYSTEM OF POLICE COOPERATION IN THE FIGHT AGAINST TERRORISM AND ORGANIZED CRIME Assistant Cristian-Eduard ŞTEFAN Ph.D Alexandru Ioan Cuza Police Academy Terrorism and organized crime, through the danger posed to public security, have led to the creation of defense mechanisms of the states at European level, both in legal and institutional front. This study analyzes the evolution of European legal system of police cooperation in fighting terrorism and organized crime. Keyswords: terrorism, organized crime, legal system, cooperation, police. ~ 54 ~

13 JOURNAL OF CRIMINAL INVESTIGATIONS ZUSAMMENARBEIT UND INFORMATIONSAUSTAUSCH BEI DER BEKÄMPFUNG VON FINANZDELIKTEN Lect. Iuliana JIDOVU Ph.D Alexandru Ioan Cuza Police Academy The article Cooperation and information exchange in combating economic crime employs the concept of economic crime as a starting point. This type of crime is one of the gravest threats to national safety, but it also causes severe material, social and moral damage. Cooperation among law enforcement agencies, judicial bodies and other state institutions can help solve and stop this phenomenon. Keywords: economic crime, financial crime, tax evasion, cooperation, information exchange. ~ 58 ~

14 JOURNAL OF CRIMINAL INVESTIGATIONS REFLECTIONS ON THE ACTIVE SUBJECT AND THE ESSENTIAL CONDITIONS FOR THE OFFENSE OF BRIBE RECEIPT Lect. Ionuţ Andrei BARBU, Ph.D Alexandru Ioan Cuza Police Academy This paper presents an approach that combines theory with practical legal examples of issues related to the active subject and the essential conditions for the commission of the offense of receipt of bribes, which is a corruption offense contained in article 254 paragraph1 of the Criminal Code and article 254 paragraph 2 of the Criminal Code in an aggravated variant and in conjunction with article 7 of Law No.78/2000 on preventing, discovering and sanctioning corruption acts. The first part exposes those categories of persons who can assume the quality of the active subject of this crime, and the second part explains in detail the essential conditions for the commission of this offense. Keywords: receipt of bribes, active subject, essential conditions, official, public official ~ 62 ~

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16 ALEXANDRU IOAN CUZA POLICE ACADEMY ASPECTS OF CRIMINALITY: INTELLECTUAL PROPERTY, FORGERY AND COUNTERFEITING Lect. Gabriela ŞERBĂNOIU Ph.D Alexandru Ioan Cuza Police Academy The global economy depends on the creation and distribution of intellectual property (IP) to grow. But more and more, the economy suffers from IP theft, or counterfeiting and piracy. As global trade increases and technology advances, fake products such as clothing and accessories, cosmetics, pharmaceuticals, auto parts, software, music, films, and everything in between are making their way to markets around the world. Keywords: counterfeiting, fake products, protected right, pirated goods ~ 69 ~

17 ALEXANDRU IOAN CUZA POLICE ACADEMY QUELQUES ASPECTS CONCERNANT L IDENTIFICATION DES CADAVRES D ORIGINE INCONNUE SOME CONSIDERATIONS ON THE IDENTIFICATION OF BIDIES WITH UNKNOWN IDENTITY Lecteur universitaire docteur Marin-Claudiu ŢUPULAN claudiu.tupulan@academiadepolitie.ro Académie de Police «Al. I. Cuza» The issue of identifying corpses should be linked to complaints regarding disappearances in suspicious circumstances, as objectively, bodies with unknown identity are found in the position of missing persons. By establishing the identity of the body it comes to solving cases of disappearances or clarifying many possible versions when there is evidence or suspicion that the person was the victim of a crime, but, for all these there are necessary a number of measures and specific activities carried out by specialized police officers. This study analyzes in detail the judicial activities circumscribed to the identification of unknown corpses. Keywords: corpse, homicide, investigation, identity, judicial photos. ~ 73 ~

18 JOURNAL OF CRIMINAL INVESTIGATIONS LE RÔLE DES INFORMATIONS DANS LE PROCÈS D`ADMINISTRATION DES ESAIS THE ROLE OF INTELLIGENCE IN THE PROCESS OF ADMINISTERING THE EVIDENCE Lecteur universitaire docteur Gheorghe POPESCU Académie de Police «Al. I. Cuza» Information gathered by the secret services or those developed based on the analysis and processing of data obtained from open sources remain without practical value unless it reaches the beneficiaries and those responsible for promoting policies and attitudes in one area or another. The transmission of information must be made promptly, clearly, in the most understandable way, because the data provided can be used to the maximum and in time by beneficiaries. Practical accomplishment of these requirements is not easy, given the very large volume of information, in this respect the management of the protection unit established based on internal regulation, the categories of information to be submitted and the priority that should be analyzed, by periodically analyzing how they were used. Keywords: intelligence, evidence, police, criminality, criminal investigation. ~ 78 ~

19 ALEXANDRU IOAN CUZA POLICE ACADEMY EUROPEAN UNION POLICY ON COMBATING ABUSE OF DOMINANT POSITION Lect. Laura MAIEREAN Ph.D Police Faculty Alexandru Ioan Cuza Police Academy Abuse of dominant position is the manifestation of a discretionary trader, with a high market power, expression embodied in imposing disadvantageous conditions undertakings with less power or attempt to remove from the market the businesses considered his competitors. Specifically trader who has a dominant market position will abuse it by imposing prices, setting unequal conditions for equivalent services, the use of predatory pricing. Key words: abuse of dominant position, competitors, competition, imposing prices. ~ 85 ~

20 JOURNAL OF CRIMINAL INVESTIGATIONS THE FIELD OF ADMINISTRATIVE CONTRACTS IN THE ROMANIAN POSITIVE LAW RELATED TO THE PROVISIONS OF ART. 2 ITEM (1) LET. C) FROM LAW NR.554/2004 REGARDING THE ADMINISTRATIVE LEGAL DISPUTE Lect. Cristian Giuseppe ZAHARIE Ph.D student cristian_giuseppe_zaharie@yahoo.com Romanian-American University, Bucharest Niculae GAMENŢ-ANTONIU Ph.D student gament.antoniu.nicolae@profesor.rau.ro Romanian-American University, Bucharest This paper is an overview the administrative contracts as it shown in the contemporary practice of public administration authorities. Some observations and the point of view of authors regarding some practical aspects are presented. The paper submits for the specialist s different agreements realized by public administration authorities who show some specific features of administrative contracts. Post revolutionary regulations in the field of administrative law have refounded a judicial category which disappeared from the Romanian law at the end of the 40 s: the administrative contracts. Key words: public administration, administrative contracts, regulations. ~ 92 ~

21 ALEXANDRU IOAN CUZA POLICE ACADEMY BRIEF ANALYSIS ON PROBLEMS THAT NEED TO BE CLARIFIED DURING THE INVESTIGATION OF THEFTS Lect. Marin RUIU Ph.D Alexandru Ioan Cuza Police Academy In the present article, the author presents the main aspects that need to be clarified during the investigation of thefts, both in theory, and in judicial practice in this domain. Key words: time and place of the illegal action, victim, police, suspects, crime scene forensics, verification, truth, witnesses, working together, lacks, legal notices, alibis, prone to, frequent, use of, precaution, mode of operation. ~ 99 ~

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23 ALEXANDRU IOAN CUZA POLICE ACADEMY ANALYSIS OF RISKS AND VULNERABILITIES IN DOCUMENT MANAGEMENT SYSTEMS Costel CIUCHI Ph.D Student University Politehnica of Bucharest Prof. Angelica BACIVAROV Ph.D University Politehnica of Bucharest Laura IANCU Ph.D Student University Politehnica of Bucharest Implementing a cooperative environment at organizational level with respect to the use of information and data from various sources (internal or external) needs to merge resources so as to improve the quality and efficiency of the activity, especially by reducing the time allocated to decision-making process impacting the improvement of the decisional act. In this context, a common requirement in the development of information systems is the security, but most often security mechanisms are implemented without taking into account important elements indispensable for system security. Through a wideranging study of vulnerabilities and the implementation of risk analysis powerful tools are developed with the aim to build up those mechanisms required for providing security in document management systems. Keywords: risk, vulnerability, management, security, threats. ~ 107 ~

24 JOURNAL OF CRIMINAL INVESTIGATIONS E-LEARNING SECURITY MANAGEMENT Assist. Ioan-Cosmin MIHAI Ph.D Police Faculty Alexandru Ioan Cuza Police Academy Many users access e-learning systems for teaching and learning purpose. E-Learning shares similar characteristics of many other services, like e-commerce, e-banking and e-government. Because Internet becomes a dangerous network due to the growing number of attacks, e-learning systems have to be protected. This paper presents e-learning standards and information security management in e-learning systems. Keywords: e-learning, security, Internet attacks. ~ 116 ~

25 JOURNAL OF CRIMINAL INVESTIGATIONS CRISIS AND RISKS MANAGEMENT WITHIN THE MINISTRY OF INTERIOR Lect. Gheorghe POPESCU Ph.D Alexandru Ioan Cuza Police Academy Eugen NEAŢA Ph.D Vice-president National Police Corps This article presents the main problems concerning the strategic analisys of an organization taking into acccount the risk evaluation. Keywords: risk, analisys, threats, opportunities, strategy ~ 122 ~

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27 ALEXANDRU IOAN CUZA POLICE ACADEMY CONSTABULARY COOPERATION THROUGH NATIONAL INFORMATICS SYSTEM FOR ALERTS Lect. Ligia Teodora ILIESCU Ph.D Police Academy Al. I. Cuza Appearance Law no. 141/2010, published in Official Gazette no. 498 of 2010, referred to the establishment, organization and functioning of the NISA and Romania's participation in the Schengen Information System by providing the legal framework for the use by the Romanian Schengen Information System. The NISA, NISA is called the informatics system compatible with the second generation Schengen Information, which contains records of national and Schengen alerts entered by the competent national authorities. Keywords: Convention Schengen, cooperation, frontiers, national informatics system for alerts. ~ 127 ~

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29 ALEXANDRU IOAN CUZA POLICE ACADEMY "( ) in the field of "intellectual property" today occur most rights violations, violations that harm not only the authors or assignees of rights but also industry and commerce in general and indirectly Member States economies. The causes of this situation are numerous, but as an investigator and mentor of investigators - not the causes of violations are examined in detail in the work that I propose (although neither the causes nor the effects of violations are ignored, but they are investigated and exposed only to the extent necessary for understanding the seriousness of the phenomenon), but the means and methods of investigation for cases of infringement of the rights of authors: acknowledging the facts, researching, and stressing the peculiarities. And what the author tells us is not only the result of years of study but also the result of personal experiences as investigator specialized in the field, which are successfully exploited in a book written with grace and talent and to be read with pleasure and with interest. Fraud Investigation is targeted against plagiarism, piracy and counterfeiting which are serious acts of infringement of the rights of authors and fighting the phenomenon is a priority. This requires trained people and the work of Mr. Marius Pantea is certainly a useful scientific approach to a sensitive area of concern not only for authors, but industrialists, merchants and Member States confronted with the need to ensure effective protection for the works". Prof. VIOREL ROŞ Ph.D "This paper is a successfull scientific approach in a sensitive field which represents a major priority at European level and which was materialized in a complete research that offers information for the B.A and master students and Ph.D candidates at the Alexandru Ioan Cuza Police Academy. The author with a teaching experience of more than 10 years and a practitioner for 15 years in the field of intellectual property rights, notices the current trends in the filed and sends a message in order to give the reader the possibility to learn how to prevent and combat all illegal acts in the field of intellectual property and industrial property". Prof. COSTICĂ VOICU Ph.D ~ 135 ~

30 JOURNAL OF CRIMINAL INVESTIGATIONS "Fraud Investigation" coursebook Volume II, written by Mr. Marius Pantea Ph.D, is addressed to future judicial police officers, and is a long-awaited work both by specialists of the national police and the students of the"alexandru Ioan Cuza" Police Academy. Crimes manifested in the field of insurance and reinsurance, tourism and services have destructive effects on the national economy, the impact affecting not only business entities but rather the interests of consumers. We appreciate that the way in which the methods of committing the crime in the field of insurance - reinsurance, services and tourism is valuable and authentic, thus increasing awareness in preventing and combating economic and financial crime". Lawyer prof. FLORIN SANDU Ph.D "The expertise of Mr. Marius Pantea Ph.D circumscribed to the sphere of irregularities in services, tourism, insurance and reinsurance has left its mark on a systematic and integrated approach to the issue at national and European level, the author managing to capture key issues in specific areas. In conclusion we can say unquestionably that the prestigious teaching activity harmoniously blended with vast professional police experience gives to "Fraud Investigation" Volume II a real value for teaching and practice which compels us to a "sine qua non " condition to give an excellent rating". Prof. IOAN DASCĂLU Ph.D ~ 136 ~