Attestation committee
Accreditation committee
Expert committee
Dispositions, instructions
Normative acts
MANPOWER TRAINING
Nomenclature
Institutions
Scientific councils
Seminars
Theses		 Scientific advisers
Scientists
Doctoral students
Postdoctoral students
CNAA logo

 română | русский | english


Particularities of the research of the crime scene in the case of investigations of crimes committed by the usage of firearms and explosive materials


Author: Ana Ploscă
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2008
Scientific adviser: Nicolae Văduva
doctor, associate professor (docent)
Institution:

Status

The thesis was presented on the 21 March, 2008
Approved by NCAA on the 18 September, 2008

Abstract

Adobe PDF document – 0.30 Mb / in romanian

Thesis

CZU 343.147:623.4 (043,2) 135. P.72

Adobe PDF document 5.29 Mb / in romanian
222 pages

Keywords

the directions of the criminal investigation, the crime scene, operations with arms and ammunition, arm usage , explosive materials, explosion, postexplosion, license for arm use, expertise, the tracks of the shot , injuries specific to the shot

Summary

Therefore the judicial body’s opinion on the events, which determines the establishment of the correct solution, depends on the correct and complete progress of the judicial investigation of the evidence, on the value of the analyzed evidence and on the correct interpretation of the evidence in accordance with the existing laws. Moreover, the same elements determine the legality of the judicial decision and of the other solutions offered by the judicial bodies.

Activities and legal operations, especially the means but also the procedures of judicial investigation of the evidence (particularly the investigation of the crime scene), are necessary in order to obtain and to evaluate evidence in a penal case. The investigation of the crime scene has a special importance because it opens the way to the certain or doubtful information, to the main or secondary one, to the complete or partial one. It also helps to discover the traces of the penal offense which are fixed and removed for further examination in laboratories by specialists and experts, thus establishing if the crime exists or not. The same investigation of the crime scene leads to the determination of the case object, of the degree of guilt and of each party’s involvement in the respective deed.

We tried in the present study to put forward and to discuss one of the main and multiple problems of judicial life, that is the investigation of the crime scene emphasizing the particularities of this activity in the case of penal offense involving firearms and explosive materials.

Both specialised studies and judicial practice have established that crime scene investigation supposes the respect of some requirements (tactical rules) which apply during the whole course of this activity, these requirements contributing to its good organization and progress according to the general principles of criminology tactics. From the carried out investigation and from the study of a significant number of files as well as from interviews with various specialists we concluded that, in the case of crimes involving firearms or explosive materials, the following tactical rules have to be respected:

The imperfect crime scene investigation and the inappropriate use of criminology techniques make the identification of the perpetrator or of the perpetrators difficult and negatively influence the resolution of these cases, especially, as shown in this study, in crimes involving firearms or explosive materials which leave a multitude of specific traces. In order to carry out a good quality investigation in accordance with present standards good professional training of the investigative team is required, indifferent of whether they are police, prosecutors, criminal pathologists or other specialists.

The present study constitutes fundamental material for the work of the police and prosecutors who deal with the resolution of penal cases with regard to crimes involving firearms or explosive materials. Some of the conclusions of this study were presented during conferences organized by the A. I. Cuza Academy Police, Bucharest, as well as by the Romanian Criminologists Association. Likewise, part of this material has been used in the educational process under the form of a course taught at the Faculty of Law of A. I. Cuza Academy Police, Bucharest, and it has also been used in a series of previously published scientific articles.