ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

JOURNAL OF CRIMINAL INVESTIGATION

Volume V Issue 1/2012

This review is recognize in Public Order and National Security field

- The Journal is indexed in the EBSCO and SSRN international database -

~1~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS
Director
Prof. Ph. D. COSTIC VOICU

Scientific Board:
MAURICE PETIT Prof. Ph.D. LIGIA NEGIER DORMONT
"Police College Bruxeles" Universit Panton, Paris
NORBERT LEITNER PETER LAMPLOT
Rector of the Academy of Security Vienna Reader of the Academy of Security Vienna
Prof. Ph.D. ION DOGARU Prof. Ph.D. LAZR VLSCEANU
Member of the Romanian Academy Bucharest University
Prof. Ph.D. OVIDIU PREDESCU Prof. Ph.D. ROMI IUCU
Faculty of Law "Simion Brnuiu" Pro-rector of Bucharest University
Prof. Ph.D. TEODOR FRUNZETI Prof. Ph.D. GHEORGHE TOMA
Rector of the National Defense Deputy Rector of the National Intelligence
University "Carol I" Academy "Mihai Viteazul"
Prof. Ph.D. GHEORGHE POPA Prof. Ph.D. MIHAIL VASILE OZUNU
Rector of the "A.I.Cuza" Police Academy State Secretary, Ministry of Defence
Prof. Ph.D. ADRIAN LIVIU IVAN Prof. Ph.D. MARIAN PREDA
"Babe Bolyai" University, Cluj-Napoca Bucharest University
Lecturer Ph. D MIHAELA FLORENTINA PRUN Prof. Ph.D. NICOLETA DIACONU
Dean of the Law Faculty, Romanian-American "A.I.Cuza" Police Academy
University of Bucharest

Prof. Ph.D. FLORIN SANDU Police Quaestor Ph.D. PETRE TOB

Lawyer of the Chief of Romanian Police
Bucharest Bar Association
Prof. Ph.D. VLAD BARBU Prof. Ph.D. IOAN DASCLU
Prof. Ph.D. ALEXANDRU BOROI Eng. Ph.D. IULIAN MEDREA

Editorial Committee:
Chief Editors: Prof. Ph.D. TEFAN EUGEN PRUN
Deputy Editor: Lecturer Ph.D. LAURENIU CONSTANTIN GIUREA
Editorial Secretary General: Assist. Lecturer Ph.D. MARIUS CEZAR PANTEA

Editors:
Assist. Ph.D. Sergiu A. VASILE Assist. Lecturer Ph.D. Claudiu M. UPULAN
Assist. Ph.D. Mihail P. MARCOCI Assist. Lecturer Ph.D. Gheorghe POPESCU
Assist. student Ph.D. Amalia NIU Assist. Lecturer Ph.D. Laura MAIEREAN
Assist. Ligia STANCU Assist. student Ph.D. Ioan-Cosmin MIHAI
Ph.D. Dan BUCUR Assist. Lecturer Ph.D. Nicolae GROFU
The Magazine is published with the support of the Police Department from
A.I.Cuza Police Academy
Semestrial publication under IPA Romania
Address: Bucharest, os. Olteniei, 158 160, Sector 4, 041323
Tel. 0213321754, 0213321756
www.cij.ro; www.iparomania.ro/ric
ISSN 2247 9503
~2~
 ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

CONTENTS

I. ANALYSIS, STUDIES, SYNTHESIS

POLICE AND SOCIETY: THE FORMS AND METHODS OF WORK TO STRENGTHEN THE
AUTHORITY OF THE POLICE IN THE PUBLIC
Professor Ph.D. Costica VOICU ........................................................................................................................... 9
THE GAME OF POKER SPORTS OR GAMBLING? CONTROVERSY ON LEGAL ISSUES
IN THE FIELD
Lecturer Ph.D. Marius PANTEA, Ph.D. candidate Sorin CONSTANTINESCU ............................................. 15
L'ORDRE ET LA SCURIT PUBLIQUE - UNE PRMISSE ESSENTIELLE DE LA MODERNISATION
DE L'TAT EN ROUMANIE
Lecteur univ. dr. Nelu NITA ................................................................................................................................ 23
RECOGNITION OF IMPAIRMENT LOSSES OF INTANGIBLE ASSETS IN ROMANIA VERSUS IFRS
Professor Ph.D. Victor MUNTEANU, Ph.D. Student Alina Elena (ANDREI) DANAILA.............................. 32
PLACE AND ROLE OF INTELLIGENCE IN THE ERA OF GLOBALIZATION
Valentin DAMIAN.................................................................................................................................................. 38
SURVIVABILITY - THE NEW CONCEPT OF SECURITY
Assist. Ph.D. Ioan-Cosmin MIHAI, Ph.D. Student Laura IANCU ................................................................... 43
SOME CONSIDERATIONS ABOUT THE INTELLIGENCE RELATED ACTIVITY IN ROMANIA
Lecturer Ph.D Gheorghe POPESCU .................................................................................................................. 50

II. EVOLUTION AND TRENDS OF CRIME

TYPES OF FRAUD IN THE ROMANIAN HEALTH CARE SYSTEM

Lecturer Ph.D. Marius PANTEA, Prosecutor Ph.D Student Vasile Constantin POPA ............................. 59
INTERDPENDANCE ENTRE LA CAUSALIT VICTIMALE ET LA CAUSALIT CRIMINELLE
THE INTERDEPENDENCE BETWEEN VICTIM CAUSALITY AND CRIMINAL CAUSALITY
Commandant de police VASILE VIOREL .......................................................................................................... 66
THE ACTIVITIES CARRIED OUT BY THE JUDICIAL BODIES WITHIN THE CRIMINAL
PROSECUTION PHASE IN MONEY LAUNDERING OFFENCES
Assistant lecturer Ph.D. Marin Claudiu UPULAN, Lecturer Ph.D. Laureniu GIUREA,.......................... 72
EUROPEAN UNION STRATEGY FOR PREVENT CRIME IN AQUACULTURE
Lecturer Ph.D. Laura MAIEREAN ........................................................................................................................ 78
THE CONSEQUENCES OF DOMESTIC VIOLENCE ON WOMEN AND CHILDREN
Assist. Ph.D candidate Amalia NITU ................................................................................................................. 86
CRIMINOLOGICAL CHARACTERISTICS OF COMPUTER CRIME
Ph.D. St. Olguta DOGARU ................................................................................................................................... 92
ANALYSIS OF CYBER-ATTACKS EFFECTS ON COMPLEX SYSTEMS
Assist. Ph.D. Ioan-Cosmin MIHAI, Ph.D. Student Virgil Liviu Mircea ILIAN.............................................. 99

~3~
 ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS
SOME CONSIDERATIONS RELATED TO THE RIGHT TO LIFE FROM THE PERSPECTIVE
OF THE EUROPEAN COURT FOR HUMAN RIGHTS
Lecturer Ph.D Gheorghe POPESCU ............................................................................................................... 105

III. RESEARCH AND CRIME PREVENTION

ANALYSE COMPARATIVE ENTRE LES LMENTS CIRCONSTANCIELS DAGGRAVATION

DE LA LOI PNALE ROUMAINE ET CEUX DES LGISLATIONS TRANGRES
DANS LE CAS DES HOMICIDES
COMPARATIVE ANALYSIS BETWEEN THE AGGRAVATING CIRCUMSTANTIAL ELEMENTS FROM
THE ROMANIAN CRIMINAL LAW AND THOSE FROM FOREIGN LEGISLATIONS IN WHAT
REGARDS THE CASES OF HOMICIDE
Commandant de police VASILE VIOREL ....................................................................................................... 115
COMAPRATIVE LAW ASPECTS REGARDING PROSTITUTION
Lecturer Ph.D. candidate Cristian Giuseppe ZAHARIE, Assistant Ph.D. candidate Niculae
Gament-ANTONIU ............................................................................................................................................. 121
HUMAN RIGHTS, MIGRATION AND ASYLUM ISSUES IN EARLY 21ST CENTURY EUROPE
Associate Professor Ph.D. Cristian Florin POPESCU ................................................................................. 130
PARTICULARITS DE LENQUTE JUDICIARE DES INFRACTIONES RELATIVES LA VIE
SEXUELLE
THE CHARACTERISTICS OF THE JUDICIAL INVESTIGATION REGARDING SEXUAL CRIMES
Lecteur universitaire docteur Marin Claudiu UPULAN, Juge Costin MOLDOVEANU....................... 134
OBSERVING FUNDAMANTAL RIGHTS IN THE ACTIVITY OF THE INTELLIGENCE UNITS WITHIN
THE MINISTRY OF ADMINISTRATION AND INTERIOR
Lecturer Ph.D Gheorghe POPESCU ............................................................................................................... 139
THE INTITUTIONAL FRAMEWORK FOR WITNESS PROTECTION
Adrian Constantin DOGREL .......................................................................................................................... 146

IV. MANAGEMENT OF CRIME INVESTIGATION

STYLE OF MANAGEMENT AND THE EFFICIENCY OF THE ORGANIZATION

Professor Ph.D. tefan PRUN ....................................................................................................................... 157
CONSIDERATIONS ON THE POLICEMEN CAREER GUIDE AND THE NECESSARY CORRECTIONS
FOR THIS CAREER DEVELOPMENT INSTRUMENT
Asist. Ph.D. Petrica-Mihail MARCOCI ............................................................................................................ 163
TRAINING METHODS FOR PSYCHOSOCIAL ABILITIES OF MANAGERS
Assist. Lecturer Ph.D. Costel DUMITRESCU ................................................................................................. 168

V. SCHENGHEN ISSUES
SMART BORDERS INITIATIVES AND PERSPECTIVES OF THE INFORMATION FLOWS
MANAGEMENT WHITHIN SCHENGEN AREA
Ph.D. Sergiu Adrian VASILE, Ph.D. Oana POPESCU .................................................................................... 175
THE COMMUNITY MECHANISM OF RAPID INTERVENTION AT THE EXTERNAL BORDERS
OF THE EU
Assist. Ph.D Gabriel PERE, Assist. Ph. D. candidate Amalia NITU ......................................................... 184

~4~
 ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY
BORDER EXCHANGE OF INFORMATION IN THE EUROPEAN UNION,
ON THE TRAFFIC ROAD DOMEIN
Ph.D. Drago-Andrei IGNAT ............................................................................................................................ 190
ILLEGAL MIGRATION TOWARDS THE EUROPEAN UNION AND THE ABUSE OF THE RIGHT
TO ASYLUM
Ph.D Student Adrian LAZAROAIA ................................................................................................................... 195
AN APPROACH OF STANDARDIZED POLICE TERMINOLOGY IN SCHENGEN BORDERS CODE
University Assist. Ph. D. St. Oana POPESCU ................................................................................................ 200

VI. REVIEWS ......................................................................................................................................................... 205

~5~
I. ANALYSIS, STUDIES, SYNTHESIS
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

POLICE AND SOCIETY: THE FORMS AND METHODS OF WORK TO STRENGTHEN

THE AUTHORITY OF THE POLICE IN THE PUBLIC

Professor Ph.D. Costica VOICU

President of IPA Romanian Section
c.voicu@iparomania.ro

In the last years there have been important changes in the European countries, which determined a
reform process within the police structures. The objective if these reforms was to enhance effectiveness of
the institution, to ensure security for the citizens and to make them trust in police. In this article we shall
analize the main objectives of police structures fron the point of view of knowledge of the public society.
and the developement of a partnership with the community.

Keywords: police, society, investigation, violence, public order, national security

~9~
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

THE GAME OF POKER SPORTS OR GAMBLING?

CONTROVERSY ON LEGAL ISSUES IN THE FIELD

Lecturer Ph.D. Marius PANTEA

Police Department, Faculty of Police
"A.I.Cuza" Police Academy
marius.pantea@academiadepolitie.ro

Ph.D. candidate Sorin CONSTANTINESCU

President of the Association of Casinos Organizers in Romania
sorin.casino@gmail.com

Gambling-related financial crime is an indisputable reality in the globalized world of today. The
authors of this article turn in the delicate situation concerning poker games which Romania currently faces
as a member state of the European Union since 2007. Two different national acts will be discussed in detail:
GEO 77/2009 on the organization and exploitation of gambling and an Order issued by the President of the
National Authority for Sports and Youth, which officially acknowledged the practice of poker as a sport in
Romania.
For a thorough presentation, this article compiles a brief history of the game of poker, a few aspects
regarding the most popular types of poker, the great winners as well as a short review of the national
regulations in the field. Tax fraud in this area is possible and fuelled by ambiguous regulations, thus
enabling certain organizers to dodge the law and misappropriate large sums of money, which are rightfully
entitled to the Romanian states consolidated budget.

Keywords: fraud, economic-financial crime, gambling, poker-sport, European regulation

~ 15 ~
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

L'ORDRE ET LA SCURIT PUBLIQUE - UNE PRMISSE ESSENTIELLE DE LA MODERNISATION

DE L'TAT EN ROUMANIE
Lecteur univ. dr. Nelu NITA
Universit George Bacovia, Bacu, Roumanie
nita_nelu@yahoo.com

Ssocio-economic transformations produced in Romania in the post-December period, led to important

changes in the structure, evolution and dynamics of crime. The extent of corruption and organized crime,
border smuggling, trafficking and consumption of illicit drugs and human beings trafficking, with the
proliferation of violent crimes committed in public places, with negative consequences on quality of life
and public safety, are likely to jeopardize not only the modern evolution, but the very being of the rule of
law in Romania.
National interest in public order and safety line must relate in particular, maintaining Romanias
statute as a stable area as a security factor, the area of geographical proximity, by continued strengthening
of state power and its institutions through effective control and combating of corruption and organized
crime through restructuring and modernization of public order and safety institutions. In these conditions,
to ensure the premises of modernization of the rule of law in Romania, the Ministry of Administration and
Interior must strengthen and become consistently an institution able to exercise properly and fully
transparent assurance functions of public order and citizen safety, and to fully meet its obligations at the
national, European and international level, for ensuring success in modernizing the state and commitments
and pledges made in all European and international structures.

Key words: public order and safety, rule of law, bureaucracy, organized crime, corruption

~ 23 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

RECOGNITION OF IMPAIRMENT LOSSES OF INTANGIBLE ASSETS IN ROMANIA VERSUS IFRS

Professor Ph.D. Victor MUNTEANU

Romanian American University
a2c_vm@yahoo.com

Ph.D. Student Alina Elena (ANDREI) DANAILA

alina.danaila77@yahoo.com

Developments in accounting, which harmonize with the European Directives and International
Financial Reporting Standards, are correlated with progress in the field from Europe and worldwide,
leading to a change of view in the accounts.
International Accounting Standard IAS 36 "Impairment of Assets" recommended that the recoverable
amount of an asset is assessed every time an indication of impairment appears, while in Romania the
accounting rules require that the evaluation of intangible assets is to be achieved at the end of the year
when according to the legislation, the inventory takes place. Although current legislation took nearly all
the recommendations of the International Accounting Standards, in practice there are difficulties regarding
the recognition of impairment losses.

Key Words: fair value, assessment, reassessment, recognition, balance sheets.

~ 32 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

PLACE AND ROLE OF INTELLIGENCE IN THE ERA OF GLOBALIZATION

Valentin DAMIAN
Public Order System and National Security
vdamiann@gmail.com

Claude SilberzahnIntelligence and counterintelligence remains still the most important branches of
activity in any state, this activity is carried and driven exclusively by specialized institutions, with legal
status and public representation. Democracies must recognize this status and the public and those dealing
with it need a basis for informal opinions. Policymakers at the strategic level must weigh what is waiting
for information from these institutions, the expenses they should make it and how to control them.
Intelligence and counterintelligence have recorded, lately, enough interesting revelations and revealed
sometimes truths which were the basis of decisions that have considered the fate of the world.

Keywords: national security, information services, security structures, information sources, means,
methods, procedures, international terrorism, threats, proliferation, crisis management, the
information revolution.

~ 38 ~
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

SURVIVABILITY - THE NEW CONCEPT OF SECURITY

Assist. Ph.D. Ioan-Cosmin MIHAI

"Alexandru Ioan Cuza" Police Academy
cosmin.mihai@academiadepolitie.ro

Ph.D. Student Laura IANCU

University POLITEHNICA of Bucharest
laura_yln@yahoo.com

Survivability is the capability of a system to fulfill its mission in a timely manner despite intrusions,
failures or accidents. It blends computer security with risk management for the purpose of protecting
highly distributed information services and assets. Survivability approach expands the view of security
from a narrow technical specialty, accessible only to security experts, towards a risk-management
perspective that requires the participation of an organization as a whole to protect mission-critical systems
from cyber-attacks, failures and accidents.

Keywords: survivability, security, reliability, risk-management, cyber-attacks

~ 43 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

SOME CONSIDERATIONS ABOUT THE INTELLIGENCE RELATED ACTIVITY IN ROMANIA

Lecturer Ph.D Gheorghe POPESCU,

Alexandru Ioan Cuza Police Academy
gheorghe.popescu@academiadepolitie.ro

The intelligence activity is organized and carried out according to the requirements of the operative
situation, the objectives, places and environments that fall under the jurisdiction, ensuring a continuous
and consistent flow of information between police officers in order to prevent the negative events among
police personnel, to forecast the risk factors that can endanger the missions. The effectiveness of the
intelligence units consists in the celerity of obtaining information and the rapidity this information is used
to decide accordingly.

Key words: intelligence, information, authorities, protection, competence

~ 50 ~
II. EVOLUTION AND TRENDS OF CRIME
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

TYPES OF FRAUD IN THE ROMANIAN HEALTH CARE SYSTEM

Lecturer Ph.D. Marius PANTEA

Police Department, Faculty of Police
Police Academy Alexandru Ioan Cuza
marius.pantea@academiadepolitie.ro

Prosecutor Ph.D Student Vasile Constantin POPA

Prime prosecutor Criminal Proceedings Section
Prosecutor's Office attached to Bihor Tribunal
vasile.rares11@yahoo.ro

Bussiness criminality appeared in Romania in 1989, after the accession to the EU. The modus operandi
for this crimes has diversified. One of the fields this crime produces important damage for more than 20
years to the state budget and the health insurance budget is health care fraud. This article aims at drawing
attention on this type of fraud, presenting a series of illegalities, the modus operandi and the factors that
allow these acts to happen. We are addressing to the judicial competent authorities and the persons
responsible for the national health care system. The statistics regarding fraud in the health care system
vary between 1,6 billion in 2004 to 300-400 milion in 2012, in a period when global crisis made
governants adopt unprecedented budgetary cuts.

Keywords: fraud, economic-financial crime, corruption, health care, pharmacy, doctors

~ 59 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

INTERDPENDANCE ENTRE LA CAUSALIT VICTIMALE ET LA CAUSALIT CRIMINELLE

THE INTERDEPENDENCE BETWEEN VICTIM CAUSALITY AND CRIMINAL CAUSALITY

Commandant de police VASILE VIOREL,

Inspecteur gnral adjoint de la Police Roumaine

Aggression has a great impact on the victim, and the connection between the act of aggression and its
result can be removed by establishing the causation, when the explaining reason of the aggression is not
found in the damaging effect. The nature of aggression derives from the bivalent report between aggressor
and social environment and subordinates the existence of the victim at the emotion level, and the aggressor
will be able to justify the act of aggression just by referring to the specific conditions from which the
aggression has derived. The psychological involvements of aggression are the defining elements in crime
prevention activities.

Keywords: victimal risk, victim, judiciary authorities, criminal causality.

~ 66 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

THE ACTIVITIES CARRIED OUT BY THE JUDICIAL BODIES WITHIN THE CRIMINAL PROSECUTION
PHASE IN MONEY LAUNDERING OFFENCES

Assistant lecturer Ph.D. Marin Claudiu UPULAN,

Alexandru Ioan Cuza Police Academy
claudiu.tupulan@academiadepolitie.ro

Lecturer Ph.D. Laureniu GIUREA,

Alexandru Ioan Cuza Police Academy
laurentiu.giurea@academiadepolitie.ro

Money laundering is a developing phenomenon: the new methods used in money laundering activities
are more and more sophisticated. The offenders are protected by a whole set of transactions, including
international transfers with small amounts of money and in the name of other people, benefitting from
bank experts, accountants, brokers, notaries or lawyers. In a very short period of time sources of illegal
money as well as the possibilities to recycle it have become more extensive and as a consequence huge
amounts of money coming from underground activities are introduced in the real economy.

Key words: money laundering, defendant, criminal investigation, judicial bodies, organized crime

~ 72 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

EUROPEAN UNION STRATEGY FOR PREVENT CRIME IN AQUACULTURE

Lecturer Ph.D. Laura MAIEREAN

Police Faculty A.I.Cuza Police Academy
laura.maierean@academiadepolitie.ro

Gives the unique existence of common EU policies that, demonstrates acceptance of surrender of part of
Member States' sovereignty to European institutions. From October 1970, the Common Fisheries Policy
(CFP) is based on the common organization of markets. It aims to achieve a proper balance between supply
and demand, in the interests of fishermen and European consumers. Common Fisheries Policy shall cover
conservation, management and exploitation of living aquatic resources, aquaculture and processing and
marketing of fishery and aquaculture, where such activities are practiced in Member States or in
Community waters or by Community fishing vessels or, without prejudice to the primary responsibility of
the flag State, nationals of Member States.

Keywords: aquaculture, EU common, competition, European Commission

~ 78 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

THE CONSEQUENCES OF DOMESTIC VIOLENCE ON WOMEN AND CHILDREN

Assist. Ph.D candidate Amalia NITU

Police Academy Alexandru Ioan Cuza
amalianitu@yahoo.com

Physical abuse is an important social problem. The costs of family violence are paid by the whole
society by low productivity and amounts of money paid for victims. Psychological effects can be
devastating, materializing in mental and emotional problems. The criminal justice community has been
identified as the main logical source for victims protection. Police is the first institution to respond in this
war to eradicate and control the phenomenon.

Key words: domestic violence, effects, battered women, support and assistance, impact on children

~ 86 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

CRIMINOLOGICAL CHARACTERISTICS OF COMPUTER CRIME

Ph.D. St. Olguta DOGARU

Police Academy Alexandru Ioan Cuza
olguta.dogaru@academiadepolitie.ro

This article presents some important aspects related to computer crime, the psychology of the offender,
his behavior which is highly generated by the society. There are presented some typologies of offenders like
hackers and crackers, motives for their actions and the impact on the structures of the globalized society.

Keywords: Criminal psychology, hackers, crackers, cyber offenders

~ 92 ~
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

ANALYSIS OF CYBER-ATTACKS EFFECTS ON COMPLEX SYSTEMS

Assist. Ph.D. Ioan-Cosmin MIHAI

"Alexandru Ioan Cuza" Police Academy
cosmin.mihai@academiadepolitie.ro

Ph.D. Student Virgil Liviu Mircea ILIAN

University POLITEHNICA of Bucharest
ilianvlm@yahoo.com

Nowadays Internet becomes a dangerous network due to the growing number of attacks. In these
conditions it is presented the idea of using a virtual machine to secure the data and the services provided in
the Internet. In this paper it is assumed the perspective of an attacker to create a model to attack the virtual
environment. It will be shown that if somebody will gain the full control over a virtual machine, it will not
be able to affect the real machine resources.

Keywords: virtual machine, attack model, security, Internet attacks

~ 99 ~
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

SOME CONSIDERATIONS RELATED TO THE RIGHT TO LIFE FROM THE PERSPECTIVE

OF THE EUROPEAN COURT FOR HUMAN RIGHTS

Lecturer Ph.D Gheorghe POPESCU

Alexandru Ioan Cuza Police Academy
gheorghe.popescu@academiadepolitie.ro

No society can exist without observing the right to life of the individuals, nor the living within a
collectivity. The importance of life determines the interest of the social group for protecting the life within
the social relations. Thus, the life becomes a good with a common social value. The role of the law in
regulating the social rights has as a consequence the metamorphosis of life, from a biological value to a
social and juridical one that is an absolute right to life of the individual, observed by the law.

Key words: life, state, law, authorities, defence, violence.

~ 105 ~
III. RESEARCH AND CRIME PREVENTION
 ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

ANALYSE COMPARATIVE ENTRE LES LMENTS CIRCONSTANCIELS DAGGRAVATION

DE LA LOI PNALE ROUMAINE ET CEUX DES LGISLATIONS TRANGRES
DANS LE CAS DES HOMICIDES

COMPARATIVE ANALYSIS BETWEEN THE AGGRAVATING CIRCUMSTANTIAL ELEMENTS

FROM THE ROMANIAN CRIMINAL LAW AND THOSE FROM FOREIGN LEGISLATIONS IN WHAT REGARDS
THE CASES OF HOMICIDE

Commandant de police VASILE VIOREL,

Inspecteur gnral adjoint de la Police Roumaine

The distinctiveness of homicides is the fact they reflect on human being, more specifically, on that
syntethic and fundamental attribute of the human being, all-important for human existence and whose
absence determine the other humans attributes - physical integrity, health, freedom, dignity to lose any
human and social relevance.The degree of social danger posed by the facts that cause life injuries is very
high, these facts putting at risk not only the security of each person, but by default the security of the entire
community, being impossible a quiet social life without respecting peoples lives.

Keywords: murder, criminal law, aggravating circumstances, the right to life

~ 115 ~
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

COMAPRATIVE LAW ASPECTS REGARDING PROSTITUTION

Lecturer Ph.D. candidate Cristian Giuseppe ZAHARIE

Department of Legal Sciences,
Romanian-American University
cristian_giuseppe_zaharie@yahoo.com

Assistant Ph.D. candidate Niculae Gament-ANTONIU

Department of Legal Sciences,
Romanian-American University
nicu.gament@gmail.com

At the end of the 90s the states of the European Union, acknowledging the specific characteristics of
the prostitution phenomenon, have started a process of criminalization and in some cases even to regulate
this occupation. An opposing legislative process has appeared in the legislative systems of some Member
States with a lower level of integration: Great Britain, Sweden, and Malta.

Key words: prostitution, de lege ferenda, comparative law, legal regime.

~ 121 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

HUMAN RIGHTS, MIGRATION AND ASYLUM ISSUES IN EARLY 21ST CENTURY EUROPE

Associate Professor Ph.D. Cristian Florin POPESCU

Alexandru Ioan Cuza Police Academy
cristian.popescu@academiadepolitie.ro

Nowadays, more than ever, in a continually developing world, the European Union has to face new
challenges related to immigration and asylum seeking; this situation is increasing considering the Southern
border immigration is expanding and highly impacts on the relations between member states, whose
sovereignty can reintroduce some internal border controls. Simultaneously, certain fundamental rights of
both citizens and immigrants in the host communities may be infringed, due to insufficient ability of local
authorities to manage the problems created by massive immigration in certain areas. Finding solutions and
manifesting solidarity are of utmost importance, as well as a challenge for 21st century Europe.

Keywords: human rights, migration, EU, Civil and Political Rights, Universal Declaration of Human Rights.

~ 130 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

PARTICULARITS DE LENQUTE JUDICIARE DES INFRACTIONES RELATIVES LA VIE SEXUELLE

THE CHARACTERISTICS OF THE JUDICIAL INVESTIGATION REGARDING SEXUAL CRIMES

Lecteur universitaire docteur Marin Claudiu UPULAN

Acadmie de Police Alexandru Ioan Cuza
claudiu.tupulan@academiadepolitie.ro

Juge Costin MOLDOVEANU

Cour dAppel de Cluj - Palais de Justice de Jibou
costinm78@yahoo.com

The commission of sexual crimes repesents the exercise of a deeply retardate consciousness, a
personality characterized by serious moral deficiencies and an extremely dangerous rampancy. Among the
components of a retardate consciousness that generate such an antisocial conduct can be found most of the
times the backwardness mentality, the unkindly, primitive and despicable conception which considers
women an inferior being, an object of possession which man can abuse of using his physical strength. This
criminological description completes the picture of the social danger that this crimes stand for and
highlights the importance of the preventive and combating measures carried out by the police.

Keywords: rape, sexual intercourse, minor, seduction, perversion, sexual corruption, sexual harassment,
incest.

~ 134 ~
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

OBSERVING FUNDAMANTAL RIGHTS IN THE ACTIVITY OF THE INTELLIGENCE UNITS WITHIN

THE MINISTRY OF ADMINISTRATION AND INTERIOR

Lecturer Ph.D Gheorghe POPESCU

Alexandru Ioan Cuza Police Academy
gheorghe.popescu@academiadepolitie.ro

The policy of the Ministry of Administration and Interior reflects an institution that serves the citizens
and aims in its strategy at an effective activity and compatibility with similar structures from the UE
Member States. To complete this process there are several objectives to be achieved. These are the priorities
of the Ministry, namely improvement of the legal framework by developing comparative studies and
cerrying out specific documentation on the compatibility between the national and European legislation.

Key words: national security, intelligence, crimes, discrimination, hostility, violence

~ 139 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

THE INTITUTIONAL FRAMEWORK FOR WITNESS PROTECTION

Adrian Constantin DOGREL

cris.dogarel@gmail.com

The current study aims at presenting a detailed overview of the institutional framework for witness
protection in Romania, ranging from the legal background for the development of the National Office for
Witness Protection, its main responsibilities and organizational structure, to the implementation of
European standards in the Witness Protection Program, as well as the challenges incurred by national
reforms in the law enforcement system. The author analysis the competences of the National office for
Witness Protection, underlying the eligibility standards for persons to be included in the Protection
program, based on various principles like the legality, psychological profiling and relevance for law
enforcement. The article proves Romanian police efforts to reform and adapt itself to European and
international standards and best practices in the witness protection field.

Keywords: witness protection, institutional framework, protection protocol, confidentiality, accountability

~ 146 ~
IV. MANAGEMENT OF CRIME INVESTIGATION
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

STYLE OF MANAGEMENT AND THE EFFICIENCY OF THE ORGANIZATION

Professor Ph.D. tefan PRUN

Alexandru Ioan Cuza Police Academy
stefanpruna@yahoo.com

This article analyses the management style in relation to the organizational effectiveness.
Understanding efficiency is, on the one hand, a measurement problem and, on the other hand, a problem of
perception. The working style is a tool for ensuring a certain perception that, in turn, builds up the
organizational effectiveness.

Keywords: management style, organizational effectiveness, measurement, organizational perception,

efficient organization.

~ 157 ~
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

CONSIDERATIONS ON THE POLICEMEN CAREER GUIDE AND THE NECESSARY CORRECTIONS

FOR THIS CAREER DEVELOPMENT INSTRUMENT

Asist. Ph.D. Petrica-Mihail MARCOCI

Alexandru Ioan CuzaPolice Academy
mihaimarcoci@yahoo.com

Police career in Romania has encountered, in the past 20 years, a succession of regulations, lacking a
unifying conception with long-term applicability. The numerous exceptions established by a series of laws
have created favorable conditions for the hierarchical development of policemen while for others they were
the brakes in their careers. The need to harmonize the police career in Romania today requires the
introduction of corrective operational measures meant to make transparent the professional development
of policemen.

Keywords: career, career guide, promotion, hierarchical level, career courses

~ 163 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

TRAINING METHODS FOR PSYCHOSOCIAL ABILITIES OF MANAGERS

Assist. Lecturer Ph.D. Costel DUMITRESCU

Alexandru Ioan CuzaPolice Academy
costel.dumitrescu@academiadepolitie.ro

If social learning is the process by which one can acquired and develop individual and collective
behaviors such as cognitive, social, etc., then it is obvious that developing social competence of the leader
is a typical example of complex social learning. It is a directed social learning, performed at sociognostic
level, based on a competence model provided by the teacher. We emphasize that providing this model as
an objective that must be acknowledged and to which any experimental behavior is reported - is combined
with providing guidance indicators (behaviors and actions included in the model of psychosocial
competence of the leader), along with the introduction of factors of educational progress.

Key words: lecture, social learning, learning through cooperation, psychosocial competence, educational
program

~ 168 ~
V. SCHENGHEN ISSUES
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

SMART BORDERS INITIATIVES AND PERSPECTIVES OF THE INFORMATION FLOWS MANAGEMENT

WHITHIN SCHENGEN AREA

Ph.D. Sergiu Adrian VASILE

Border Police, Schegen Training and Foreign Languages Department
Alexandru Ioan Cuza Police Academy
sergiu.vasile@academiadepolitie.ro

Ph.D. Oana POPESCU

Border Police, Schegen Training and Foreign Languages Department
Alexandru Ioan Cuza Police Academy
oana.popescu@academiadepolitie.ro

Member States approach EU solutions in order to exchange sensitive information across European
borders. Information in the area of freedom, security and justice is exchanged in order to analyse security
threats, identify trends in criminal activity or assess risks in related policy areas. In this context The 'Smart
Borders' initiative would speed up border crossing for regular travellers and it could succeed in better
securing the external borders. This article provides a summary of the EU-level measures in place, under
implementation or consideration that regulate the collection, storage or cross-border exchange of personal
information for the purpose of law enforcement, migration management, the coordination of asylum and
immigration policies and the strengthening of police, judicial and customs cooperation in the fight against
cross-border crime. The article also offers a clear perspective on instruments like SIS, VIS, Eurodac, ECRIS,
FIU, ARO, their structure, the types of personal data they cover, the list of authorities with access to such
data and the provisions governing data protection and retention.

Keywords: Smart borders, data protection, Swedish initiative, Prm Decision, SIS, Sirene, Eurodac,
VIS, API, SIV, ECRIS, FIU, ARO, ECCP, FADO, PRADO.

~ 175 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

THE COMMUNITY MECHANISM OF RAPID INTERVENTION

AT THE EXTERNAL BORDERS OF THE EU

Assist. Ph.D Gabriel PERE

Border Police, Schegen Training and Foreign Languages Department
Alexandru Ioan Cuza Police Academy
gabriel.peres@academiadepolitie.ro

Assist. Ph. D. candidate Amalia NITU

Border Police, Schegen Training and Foreign Languages Department
Alexandru Ioan Cuza Police Academy
amalianitu@yahoo.com

International migration is expanding in purpose and complexity and has a serious impact, both
positively and negatively on the EU and the Member States. EU needs to manage this migration
phenomenon within the general socio-economic context. The EU policy regarding external borders aims at
an integrated border management, providing a unitary and harmonized level of control and surveillance to
ensure one of the fundamental freedoms free movement of persons.

Key words: integrated border management, rapid intervention, external borders, free movement of
persons

~ 184 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

BORDER EXCHANGE OF INFORMATION IN THE EUROPEAN UNION,

ON THE TRAFFIC ROAD DOMEIN

Ph.D. Drago-Andrei IGNAT

Alexandru Ioan Cuza Police Academy
andrei.ignat@academiadepolitie.ro

At the end of 2011, Parliament and EU Council Directive 82 developed, relating to "facilitate cross-
border exchange of information on traffic violations affecting road safety." Act itself was the first step in a
chain of such documents which will be aimed at increasing road safety in the continent. Being a very
important act and with socio-economic and cultural implications to an extraordinary level, including the
right to non expected to participate in the exchange of data on vehicle registration, provided that an
agreement with the Union in this respect, in particular data protection

Keywords: Police work, social implications, driving license, traffic violations, law

~ 190 ~
ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

ILLEGAL MIGRATION TOWARDS THE EUROPEAN UNION

AND THE ABUSE OF THE RIGHT TO ASYLUM

Ph.D Student Adrian LAZAROAIA

alazaroia@yahoo.com

Illegal migration towards the European Union (EU) is currently considered among the most serious
threats for the European citizens reaching similar levels of concern such as the terrorist acts, drug trade or
the activity of the Organized Crime Groups. The illegal migration as a phenomenon uses also the gaps
identified in the legal framework and abuses fundamental rights that are to be granted to each and every
person. The reaction of the Law Enforcement Authorities entrusted with the border control at the EU
external borders should be immediate and followed by a constant and accurate monitoring of the situation.

Key words: Illegal immigration, asylum, fundamental rights, EU external borders, migration, illegal stay,
EURODAC,

~ 195 ~
ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

AN APPROACH OF STANDARDIZED POLICE TERMINOLOGY

IN SCHENGEN BORDERS CODE

University Assist. Ph. D. St. Oana POPESCU

Border Police, Schengen Training, Foreign Languages Department,
Alexandru Ioan CuzaPolice Academy
oana.popescu@academiadepolitie.ro

The present article tackles the standardized community terminology reflected in the Regulation no
562/2006 of the European Parliament and of the Council of 15 March 2006, establishing a Community
Code on the rules governing the movement of persons across borders. Border police terminology is a
subclass of community law proving distinctive features which are harmonized at EU level.

Key words: regulation, standardization, harmonization, Eurolect, functional language

~ 200 ~
VI. REVIEWS
 ISSUE 1/2012 ALEXANDRU IOAN CUZA POLICE ACADEMY

The paper entitled "Management of prevention and combating activities regarding irregularities in
gambling in the European Union" is a bold scientific approach in a sensitive area that is a priority at European
level. The paper is the result of a complex research activity notable for the generous insight and information
that the author makes available to interested parties.
This course for master studies at the "Alexandru Ioan Cuza" Police Academy, it is a tool that can reach by
those interested in "gaming industry", enriching the knowledge and increasing the activity of preventing and
combating crime through the system of police and judicial cooperation and assistance in Europe.
The value of the work is given by the innovations and personal contributions made by the author, in
particular in the chapters about techniques for investigating fraud and irregularities in gambling, which are
detailed procedures for committing frauds in casinos and methods used by police to prevent and combat crime
in gambling and objectives to be aimed at economic checks undertaken by economic offcials at gambling
organizers.
The authors exceptional expertise in the area concerning irregularities in gambling, has imprinted on a
systematic and integrated approach to the issue at European level, the author successfully manages to capture
specific key issues in the field.
In conclusion we can say beyond any doubt that the prestigious teaching activity blended in with extensive
professional police experience gives this work teaching and practice value and makes us, as a"sine qua non"
condition to fully recognize his merits.
In a systematic exposition, with a holistic vision the work offers an excellent view on the European issues
addressed and a tool that can be reached by those interested in improving and increasing the level of
knowledge in preventing and combating crime.

Prof. Ph.D. IOAN DASCLU

~ 207 ~