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ROMANIAN FORENSIC ASSOCIATION

PRESENT AT THE BOOK FESTIVAL


ASOCIAIA CRIMINALITILOR DIN ROMNIA
PREZENT LA TRGUL DE CARTE
CHIEF COMMISSARY GRIGORE PTRU
PHOTO: MIHAI MRZA
During the period 24th 27th November
2010, at the Culture House of the Ministry of
Administration and Interior was organized
by the Publishing House of this Ministry
the Festival of Forensic, Civil, Police and
Administrative Books.
At this Festival, the Romanian Forensic
Association presented, in its own stand, works
from the forensic and juridical field, as well as
the Romanian Journal of Forensic Science.
On the 26th of November 2010, in the
presence of specialists from the forensic field,
university professors, students and master
students, the following works have been
launched:
1. Criminal Law and Procedural
Elements, author: Major General (r) Univ. Lect. Iancu
tefan, PhD;
2. The Road Traffic Accident Theory and
Practice vol. I and II, author: Eng. Mircea Fierbineanu,
Judiciary Technical Expert;
3. The Forensics of the Road Accident, author:
Eng. Mircea Fierbineanu, Judiciary Technical Expert;
4. Violent Criminality, author: Univ. Lect.
Constantin Duvac, PhD and Col. (r) Prof. Vasile
Lpdui;

5. The Forensic Investigation of the Criminal


Offences in the Field of the Organzied Crime,
coordinators: Col. (r) Prof. Vasile Lpdui, Univ.
Prof. Gheorghe Popa, PhD, Univ. Prof. Lazr Crjan,
PhD, Associate Prof. Dan Voinea, PhD, Univ. Lect.
Ioan Hurdubaie, PhD, Univ. Lect. Constantin Duvac,
PhD, Chief Commissary Gabriel ru, Dilom. Ec. Petar
Sdravkov Nenov;

6. Treaty of Forensic Technique (the 2nd


edition reviewed and completed), authors: Univ. Lect.
Constantin Drghici and Associate Prof. Adrian Iacob,
SITECH Publishing House - Craiova;
7. Investigation at the Crime Scene, in the Case
of Terrorist Attacks author: Ion Cristian Crpinean,
PhD, Mirton Publishing House.
The books from points 1, 2, 3 and 4 have been edited
by the Little Star S.R.L. Publishing House, having as
manager Mr. Florin Grejdinou.
At the beginning of the event, Col. (r) prof. Vasile
Lpdui, made the presentation of the stand and of
the works exhibited, making appreciations to the efforts
made by the authors in order to highlight the novelties
from the treated fields.
The following gentlemen gave their point of view in
relation to the works: Univ. Prof. Lazr Crjan, PhD,
interim president of the Romanian Forensic Association,
Associate Prof. Alexandru Pintea, PhD, dean of
the Faculty of Law within the Romanian University
of Sciences and Arts Gheorghe Cristea, Chief
Commissary, PhD candidate, Gabriel ru, director
of the Forensic Science Institute from within G.I.R.P.,
Major General (r) Univ. Lect. Iancu tefan, PhD, Univ.
Prof. Valentin Iftenie, PhD, Eng. Mircea Fierbineanu,
Univ. Lect. Constantin Drghici.
Upon the conclusion of the Book Festival, the
organizers have granted excellence diplomas to the
Romanian Forensic Association and to the Little Star
Publishing House.
On this occasion we address the organizers
the most sincere words of praise for the manner
in which they organized this time again the Book
Festival.

THE SCIENTIFIC BOARD


Honorary Chairman:
Academician Marius SALA, vice-chairman of the Romanian Academy
Chairman:
Univ. prof. Lazr CRJAN PhD, interim chairman of Romanian
Forensic Association, dean of the Faculty of Law
within the Spiru Haret University;
Vice-chairmen:
Univ. lecturer Iancu TEFAN PhD;
Associate professor magistrate major general (r) Dan VOINEA PhD;
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
The Ecological University;
Police quaestor Arion ignau Jnic PhD;
Univ. lecturer chief commissary Constantin DUVAC PhD.
Members:
Univ. prof. Tudorel BUTOI PhD, Spiru Haret University;
Univ. prof. Doctor of Law 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.
Univ. prof. KOSTADIN KIRILOV BOBEV PhD, Bulgaria;
Associate professor police quaestor Bujor FLORESCU PhD;
Univ. prof. Valentin IFTENIE PhD, National Institute of Forensic
Medicine Mina Minovici;
George BLAN PhD, The Prosecution Department attached
to the Bucharest Court of Law;
Eng. Mircea FIERBINEANU, judicial expert;
Division general (r) Gavril Dorelu RMUREAN,
member of Romanian Forensic Association;
Chief commissary ROMIC POTORAC,
deputy director of Forensic Science Institute;
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;
Associate professor Nicolae VDUVA PhD, Romanian University of
Sciences and Arts Gheorghe Cristea;
Eng. Anca BLAN, general manager of the Chronos company;
Associate professor Gheorghe PESCU PhD,
Dimitrie Cantemir University;
Chief commissary Ionel NECULA, Institute of Forensic Science;
Jurist Ciprian IONESCU B.C.R.
Chief commissary Grigore PTRU,
chief of the Forensic Science Service of G.D.B.M.P.;
Univ. lecturer Gabriela MATEI PhD The Ecological University;
Univ. lecturer Constantin DRGHICI PhD, Romanian University
of Sciences and Arts Gheorghe Cristea;
Univ. lecturer Florin BOBIN PhD, Bioterra University;
Univ. lecturer commissary Sorinel CRUU,
Al. I. Cuza Police Academy.

S U M M A RY
Pag.
537. THE 14TH INTERNATIONAL SYMPOSIUM
OF FORENSIC SCIENCE
VASILE LPDUI
PANTELIMON BOTIN
542. THE PICKING UP OF TRACES
AND THE ADMINISTRATION
OF EVIDENCE IN THE EUROPEAN
AND INTERNATIONAL JUDICIARY SYSTEMS
GABRIEL RU
548. THE AVIATION ACCIDENT FROM TUZLA
AS OF 05.07.2010
NICOLAE LUPULESCU
556. THEORETICAL CONSIDERATIONS REGARDING
THE JUDICIARY EXPERTISE
MIHAIL GHEORGHI
561. ROADE ACCIDENT WITH THE VICTIMS DECAPITATION,
FOLLOWED BY LEAVING
THE CRIME SCENE
IONU-VALENTIN NICULACHE
DAN DUMBRAV
563. ACTIVITY OF INSECTS CASE ANALYSIS
LAVINIA PAUL
568. THE EXPERTISE OF ACCIDENTS WITH UDS
MIRCEA FIERBINEANU
579. THE ROLE OF THE FORENSIC TECHNICAL-SCIENTIFIC FINDING
IN THE PROBATION
OF THE AUTHORS CULPABILITY
IN A HOMICIDE CASE BY SHOOTING
DUMITRU GOA
581. THE TRACES PRODUCED BY THE FIREARM PROJECTILES ON
METAL SHEETS
GHEORGHE PESCU
PAUL CHENDE
584. A VALUABLE JUDICIARY MOTOR VEHICLE TECHNICAL EXPERT:
ENG. MIRCEA FIERBINEANU
VASILE LPDUI
586. ANOTHER VALUABLE FORENSIC EXPERT
LEFT US!
IOAN HURDUBAIE

Romanian Journal of Forensic Science was assessed and classified


by the National Board for Scientific Research in the Higher Education (N.B.S.R.H.E.)
at the category B with the notice nr. 9415/17.12.

The authors are liable for the content


of the articles published.

Editor: Vasile LPDUI


Deputy managing editor: Constantin GDEA
Editors: Cristian DIACONESCU, Nicolae SAVU, Stelua GREJDINOIU, Mihaela Irina CONSTANTINESCU, Marin RUIU,
Horaiu MNDESCU, Cristian DUMITRESCU
Translation: Rzvan DOBRCEANU and 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: asociatiacriminalistilor@yahoo.com
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; Certificate 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; fiscal code
no. 14523220; new account: 2511.E01.0.564199.0080.ROL.6;
IBAN code RO58RNCB0080005641990006 - B.C.R., Doamnei Branch, Bucharest; Certificate of Registration of the Brand at
O.S.I.M. no. 78602
www.asociatiacriminalistilor.ro; asociatiacriminalistilor@yahoo.com

Editor: Romanian Forensic Association,


Dacia Avenue no. 55, district 1, phone 021 210.33.44
Typography: Marius Rou

I.S.S.N. 2069-2617

7 RON

SOMMAIRE

CUPRINS

Pag.

Pag.
537. AL XIV-LEA SIMPOZION INTERNAIONAL
DE CRIMINALISTIC
VASILE LAPDUI
PANTELIMON BOTIN
542. VALORIFICAREA URMELOR I ADMISIBILITATEA
PROBELOR
N SISTEMELE JUDICIARE EUROPENE I INTERNAIONALE
GABRIEL RU
548. ACCIDENTUL AVIATIC DE LA TUZLA, DIN 05.07.2010
NICOLAE LUPULESCU
556. CONSIDERAII TEORETICE PRIVIND EXPERTIZA
JUDICIAR
MIHAIL GHEORGHI
561. ACCIDENT RUTIER CU DECAPITAREA VICTIMEI,
URMAT DE PRSIREA LOCULUI FAPTEI
IONU-VALENTIN NICULACHE
DAN DUMBRAV
563. ACTIVITATEA INSECTELOR STUDIU DE CAZ
LAVINIA PAUL
568. EXPERTIZAREA ACCIDENTELOR CU UDS
MIRCEA FIERBINEANU
579. ROLUL CONSTATRII TEHNICO-TIINIFICE
CRIMINALISTICE N PROBAREA VINOVIEI AUTORULUI
NTR-UN CAZ DE OMOR PRIN MPUCARE
DUMITRU GOA
581. URME PRODUSE DE PROIECTILELE ARMELOR DE FOC
N TABL
GHEORGHE PESCU
PAUL CHENDE
584. UN VALOROS EXPERT TEHNIC AUTO JUDICIAR:
INGINER MIRCEA FIERBINEANU
VASILE LPDUI
586. NE-A MAI PRSIT UN ALT MARE CRIMINALIST !
IOAN HURDUBAIE

537. LE XIV-IME SIMPOSIUM INTERNATIONAL


DE LA CRIMINALISTIQUE
VASILE LPDUI
PANTELIMON BOTIN
542. LA VALORIFICATION DES EMPREINTES
ET L`ADMISSION DES PREUVES DANS LES SYSTMES
JUDICIAIRES EUROPENS INTERNATIONAUX
GABRIEL RU
548. L`ACCIDENT AVIATIQUE DE TUZLA,
LE 05.07.2010
NICOLAE LUPULESCU
556. QUELQUES CONSIDRATIONS TORETIQUES
L`GARD DE L`EXPERTISE JUDICIAIRE
MIHAIL GHEORGHI
561. L`ACCIDENT ROUTIER AVEC LA DCAPITATION
DE LA VICTIME O LE CHAUFFEUR A ABANDONN
LE LIEU DU CRIME
IONU-VALENTIN NICULACHE
DAN DUMBRAV
563. L`ACTIVIT DES INSECTES TUDE DU CAS
LAVINIA PAUL
568. L`EXPERTISE DES ACCIDENTS AVEC UDS
MIRCEA FIERBINEANU
579. LE RLE DE LA CONSTATATION TCHNIQUE, SCIENTIFIQUE
ET CRIMINALISTIQUE L`GARD
DE LA CULPABILIT DANS UN CAS DE LA MORT
D`UNE PERSONNE TUE AVEC UN ARME FEU
DUMITRU GOA
581. LES EMPREINTES DES BALLES DES ARMES
FEU DANS UN PANNEAU EN FER
GHEORGHE PESCU
PAUL CHENDE
584. MIRCEA FIERBINEANU UN TRS APPRCI EXPERT
TCHNIQUE JUDICIAIRE AUTO
VASILE LPDUI
586. UN AUTRE TRS GRAND CRIMINALISTE
NOUS A QUITT!
IOAN HURDUBAIE

TO THE ATTENTION OF READERS AND OF COLLABORATORS!


The next issue of the journal will come out on February 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
office, also through the forensic services, to Forensic Science Institute of General
Inspectorate of Romanian Police.

536

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.

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

THE 14TH INTERNATIONAL SYMPOSIUM


OF FORENSIC SCIENCE
AL XIV-LEA SIMPOZION INTERNAIONAL
DE CRIMINALISTIC
Col. (r) Prof. VASILE LPDUI,
Editor of Romanian Journal of Forensic Science
The General Secretary of the Romanian Forensic Association
General (r) Univ. Lect. PANTELIMON BOTINA, PhD
Titu Maiorescu University
Abstract
On the 27th October 2010, at the Cultural House of Ministry of Administration and Interior, which
took place the works of the International Symposium of Forensic Science with the topic: The Picking up
of Traces and Material Means of Evidence by Technical-Scientific Findings and Forensic Expertises,
organized by the Romanian Forensic Association and the Forensic Science Institute of the General
Inspectorate of Romanian Police, in partnership with the International Agency for Crime Prevention
and Security Policies (president Petar Zdravkov Nenov) and the Romanian Locksmithing Association
(president Mihai Bnuleasa).
The given papers highlighted a range of new methods and techniques which contributed to the
improvement of expertises and technical-scientific findings quality and of other forensic activities.
Key words: symposium; technical-scientific findings and forensic expertises; the new Criminal Code
and the new Criminal Procedure Code; new forensic methods and techniques.
Rezumat
n ziua de 27 octombrie 2010, la Casa de Cultur a Ministerului Administraiei i Internelor, s-au
desfurat lucrrile Simpozionului Internaional de Criminalistic cu tema: Valorificarea urmelor i
mijloacelor materiale de prob prin constatri tehnico-tiinifice i expertize criminalistice, organizat
de Asociaia Criminalitilor din Romnia i Institutul de Criminalistic al Inspectoratului General al
Poliiei Romne, n parteneriat cu Agenia Internaional pentru Prevenirea Criminalitii i Politici de
Securitate (preedinte Petar Zdravkov Nenov) i Asociaia Lctuilor din Romnia (preedinte Mihai
Bnuleasa).
Comunicrile prezentate n cadrul simpozionului au scos n eviden o serie de metode i tehnici
noi care s contribuie la mbuntirea calitii expertizelor i constatrilor tehnico-tiinifice i a altor
activiti criminalistice.
Cuvinte cheie: simpozion; constatri tehnico-tiinifice i expertize criminalistice; noul Cod Penal i
noul Cod de Procedur Penal; noi metode i tehnici criminalistice.
The problems of the current financial crisis in Romania
had also a repercussion on the Romanian Forensic
Association, which determined the symposium to develop
its works during one day only, that is Wednesday, the
27th of October 2010.
Upon the works of the event over 500 guests participated,
from among the members of the Romanian Forensic
Association, forensic investigators, representatives of the
lawful state institutions, policemen, prosecuting attorneys,
forensic physicians, professors from certain high education
institutions, magistrates, lawyers, judiciary experts, master
students and students. At the same time, the forensic
investigators within the Forensic Science Institute of G.I.R.P.
took part in the manifestation, the chiefs of services from the
inspectorates of police counties and G.D.B.P.M. and some of
the seniors of the Romanian forensics, with the leading figure
of the retired general Ion Grecu, who brought an important
contribution to the development of the Romanian forensics.
The following persons attended the event from abroad:
Associate Professor Gheorghe Golumbenco, PhD Republic
of Moldova, Univ. Prof. Saverio Fortunato, PhD, Acvila
University Italiy, the Chairman of C.S.I. Periti Consulenti
Forensi Firenze, Dr. Giuseppe Maggio forensic expert
from Italy, Vladislav Yanev, Chief of the Ballistic Department
within the Institute of Forensic and Criminology Researches
from Bulgaria, Ireneusz Wrzesinski, specialist in the forensic
technology the Police Department from Kunto-Poland, Dr.
Slobodan Oklevschi Macedonia.

The presidium of the event was honored by the


following:
1. Main Police Quaestor Ioan Nicolae Cbulea, deputy of
the chief of the Department of Public Order and Safety of the
Ministry of Administration and Interior;
2. Chief Commissary Alexandru Tanco, deputy of the
General Inspectorate of the Romanian Police;
3. Univ. Prof. George Antoniu, PhD, honorific scientific
director of the Institute of Legal Researches Academic
Andrei Rdulescu from the Romanian Academy;
4. Univ. Prof. Lazr Crjan, PhD, interim chairman of
Romanian Forensic Association, the dean of the Faculty of
Law within the Spiru Haret University;
5. Univ. Prof. Ovidiu Predescu, PhD, pro-rector of the
Bariiu University, editor of the Dreptul (The Law) Journal;
6. Associate Professor Dan Voinea, PhD, vice-president of
the Romanian Forensic Association, the dean of the Faculty
of Law within the University Titu Maiorescu the Targu-Jiu
branch.
7. Judge Mihai Udroiu, PhD advisor within the Ministry
of Justice;
8. Police Quaestor Mr. Arion ignau Jnic, PhD, vicepresident of the Romanian Forensic Association, deputy
General Manager of the General Department against
Corruption from the Ministry of Administration and Interior;
9. Univ. Prof. Tudorel Butoi, PhD, pro-dean of the Faculty
of Law within the Spiru Haret University;
10. Chief Commissary Univ. Lect. Constantin Duvac, PhD,
vice-president of the Romanian Forensic Association;

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

537

11. Chief Commissary Gabriel ru, vice-president of the


Romanian Forensic Association, director of the Forensic
Science Institute within G.I.R.P.;
12. The diploma economist Petar Zdravkov Nenov,
chairman of the International Agency for the Prevention of
Crime and of the Security Policies;
13. Col. (r) Prof. Vasile Lpdui, the general secretary of
the Romanian Forensic Association, editor of the Romanian
Journal of Forensic Science.
The Symposium was honored also by the participation of
numerous university professors and by representatives of the
lawful state institutions:
1. Univ. Prof. Valentin Iftenie, PhD N.I.L.M., member of
the Managing Board of the Romanian Forensic Association;
2. Univ. Prof. Vasile Niescu, PhD;
3. Associate Prof. Gheorghe Pescu, PhD, the Dimitrie
Cantemir University, Bucharest;
4. Univ. Prof. Florea Mgureanu, PhD, pro-dean of the
Faculty of Law within the Romanian American University
Bucharest;
5. Associate Prof. Florin Ionescu, PhD the Romanian
American University;
6. Univ. Lect. Iulian Gheorghe Ionit, PhD - the Romanian
American University;
7. Associate Prof. Gabriel Octeanu, PhD, the Forensic
Department within the Police Academy Alexandru Ioan
Cuza;
8. Univ. Prof. Gheorghe Alecu, PhD, The Spiru Haret
University, The Faculty of Law from Constanta;
9. Associate Prof. Alexandru Pintea, PhD, the dean of the
Faculty of Law from the Romanian University of Sciences
and Arts Gheorghe Cristea Bucharest;
10. Univ. Lect. Gabriela Matei, PhD, the Ecologic
University, Bucharest;
11. Univ. Lect. Constantin Drghici, PhD, the Romanian
University of Sciences and Arts Gheorghe Cristea
Bucharest;
12. Forensic Expert Marilena Chivu, Manager of
N.I.F.E.;
13. Prosecuting Attorney Vasile Teodorescu, the
Prosecutors Office attached to the High Court of Cassation
and Justice;
14. Prosecuting Attorney Vasile Vintilescu, the Prosecutors
Office attached to the High Court of Cassation and Justice;
The speech for the opening of the Symposium works was
given by Col. (r) Prof. Vasile Lpdui, the founder of the
Romanian Journal of Forensic Science and of the Romanian
Forensic Association, who made reference to the theme

538

subject of the debate among participants, and underlined


the main activities developed in this year by the Romanian
Forensic Association.
In continuation, were presented messages from behalf
of the Ministry of Administration and Interior, Mr. ConstantinTraian Iga and of the General Inspectorate of Romanian
Police, Mr. Main Police Quaestor Petre Toba. The messages
were presented: the first by the Main Police Quaestor
Ioan Nicolae Cbulea, and the second one by the Chief
Commissary Alexandru Tanco. We shall make public the
contents of these messages.
Within the event, the general secretary of the Romanian
Forensic Association underlined several of the activities
developed this year, of which we list the following:
1. The Romanian Journal of Forensic Science was
assessed and classified by the National Board of Scientific
Research from the High Education (N.B.S.R.H.E.) in the
B category. Our journal follows to be introduced in an
international data base, and starting with the issue no. 5,
the contents of the journal was translated into English and
introduced on the website of the Association and on internet;
2. The research activity was a preoccupation of the
Association.
As a consequence of our diligences, the National Authority
for Scientific Research within the Ministry of Education,
Research, Youth and Sports, decided the validation and
attesting the Romanian Forensic Association as a unit of
research-development, as well as its inscription into the Sole
Registry of units and institutions of research-development.
We hereby warmly thank Mr. expert Mircea Fierbineanu
and our colleague PhD candidate Iulian Buturug for their
support in order to elaborate the file.
Several specialists from the Forensic Science Institute
of G.I.R.P. and the territorial services, members of the
Romanian Forensic Association and master students have
preoccupations on scientific research line. A part of their
works was published also in the Romanian Journal of
Forensic Science.
We appreciate the scientific research works of Mr. Ctlin
Grigora, Mr. Cristian Diaconescu, Mr. Leona Ciulinaru, the
forensic experts from the services of the Forensic Scientice
Institute led by Mrs. Georgeta Stoian, Mr. Chief Commissary
Nicolae Savu, Chief Commissary Octavian Conicescu,
the forensics services from Constana and Timi Police
Inspectorates.
A special consideration needs to be made over the
researches made by Mr. Nicolae Mesean, within the

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

Prosecutors Office attached to the Bihor Law Court. Recently,


the State Office for Inventions and Trademarks granted,
through Decision no. 4/176 from 30.07.2010, the patent for
the invention called Device for measuring distances. This
measurement unit for taking scale pictures is of interest for
many companies in the country and abroad. On the symposium
from April, Mr. Mesean presented us this device.
We need to appreciate also some of the dissertation
works of the master students, as
they were referred to the forensic
research in aquatic environment
(chief secretary Musledin Sinan)
and the judiciary entomology
(Paul Lavinia).
We
consider
that
the
Romanian Forensic Association
and the Forensic Science
Institute will take also other
measures for the development
of scientific research, for the
elaboration of new methods and
forensic techniques;
3. Ever since last year, the
Romanian Forensic Association,
with the support of valuable
experts, has elaborated the Law
project regarding the exercising
the profession of private forensic
expert, to setup, organize and
operate the College of Private
Forensic Experts in Romania.
The project was discussed in all
branches of the Association and
within a General Meeting, after
which it was forwarded to the Legal Board of Senat which
approved it, following to be subject of debates. We thank Mr.
Constantin Duvac and Dan Voinea, PhD, vice-presidents
of the Association, Mr. Gheorghe Pescu, PhD, and Mrs.
Aurelia Bistriceanu for the support granted in accomplishing
this law project. The Association continues its activity for this
law project to be adopted by the Romanian Parliament;
4. An important scientific event was recently organized
by the Forensic Science Institute from G.I.R.P., the company
LAFAYETTE INSTRUMENT U.S.A. and the company VENUS
2000 IMPEX from Romania, having as theme: Novelties
in the Polygraph Technique and in using it for Testing the
Simulated Behavior. In this activity specialists from this field
from Romania and from other countries participated.
We thank Mr. Chief Commissary PhD candidate Gabriel

ru, vice-president of the Romanian Forensic Association and


Mr. Remu Popescu, the general manager of the company
VENUS 2000 IMPEX, who prepared and organized in good
conditions that event.
An activity which we continued during this year as well was
the Master in Forensic Science, a superior form of education,
organized in partnership with the Romanian University of
Sciences and Arts Gheorghe Cristea and the Forensic
Science Institute. Up to the present
time 350 persons have graduated
the courses of this master program.
Their dissertation papers have
much scientific value, existing the
guarantee that we shall have a
well trained forensic investigators
generation. We thank Mrs. Rector
Univ. Prof. Eng. Lidia Cristea, PhD
for the contribution brought in the
organization and development of
this master program.
From the 70 communications
provided in the program, during
the symposium were presented the
following:
1. Certain critical observations to
the new Criminal Procedure Code.
Univ. Prof. George Antoniu, PhD;
2. The primary documents of
the forensic medicine and forensic
science.- Univ. Prof. Lazr Crjan,
PhD;
3. The expertise in the vision of
the new Criminal Procedure Code
- Chief Commisary Univ. Lect. Constantin Duvac, PhD, vicepresident of the Romanian Forensic Association;
4. The conclusions resulted from the technical-scientific
works and from the forensic expertise performed by the
forensic investigators from the Romanian Police.
Chief
Commissary PhD candidate Gabriel ru;
5. The contribution of the technical-scientific findings and
of the forensic expertise in discovering the truth, in the case
of the December 1989 events Associate Prof. Dan Voinea,
PhD;
6. Logics and epistemology in the forensic sciences
Univ. Prof. PhD Saverio Fortunato, specialist in the Clinical
Criminology Italy;
7. Relieves and traces in Forensics. Dr. Giuseppe
Maggio, Italy;

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

539

8. The 3D reconstruction of shooting incidents Vladislav


Yanev Bulgaria;
9. The advantages and benefits of using the QUICK Map
3D laser system as instrument of use in the criminal cases,
accidents or other such events Ireneusz Wrzesinski, the
Police Department from Kutno Polish Police;
10. The accidents expertise with U.D.S. Eng. Mircea
Fierbineanu judiciary expert;
11. Considerations regarding the contents of the notion
of trace in forensics Associate Prof. Gheorghe Golubenco,
PhD, The Republic of Moldova;
12. A new forensic expertise in Romania The Entomologic
Expertise Biologist PhD candidate Lavinia Paul member
of the North-American Association of Legal Entomology;
13. Poroscopy and the secondary traces of a shooting.
Inspector Slobodan Oklevski, PhD, Ministry of Interior in
Macedonia The Forensics Department from Skopje Police
Inspector Physicist Violeta Ciofu Forensic Science Institute
of G.I.R.P.;
14. Traces created by the firearms missiles in the plate
sheet. Associate Prof. Gheorghe Pescu, PhD. Romanian
Forensic Association forensic expert Paul Chende
Maramure Police Inspectorate;
15. Novelties regarding the
electro-mechanical access control
systems eng. Mihai Bnuleasa,
chairman
of
the
Romanian
Association of Locksmithing.
The General Secretary of the
Romanian Forensic Association, the
moderator of the symposium works,
underlined a few conclusions,
resulted from the communications
presented and from the ones
contained in the program and
recommended, at the same time,
to specialists to take a deeper
look on the provisions of the new
Criminal Procedure Code, regarding
the quality of expertise and their
elaboration procedures.
Before concluding the symposium
works, Mr. Nicolae Meesan, forensic
investigator within the Prosecutors
Office attached to the Bihor Law
Court, was awarded the patent for
the invention called Measuring
Device for Distances from behalf
of the State Office for Inventions
and Trademarks. Univ. Prof. Lazr
Crjan and Col. (r) Vasile Lpdui,
have presented the invention and its
author, thanking him warmly for his
contribution to the development of Romanian forensics.
The papers enlisted in the program will be published in
a volume or in the future issues of the Romanian Journal of
Forensic Science.
Upon the completion of works, the general secretary of
the Romanian Forensic Association thanked all participants,
the sponsors and the organizers of the manifestation.
The message of the management of the Ministry of
Administration and Interior, presented by the Main Police
Quaestor Mr. Ioan Nicolae Cbulea.
Dear Sirs and Madams,
Distinguished Guests,
Dear Colleagues,
I am honored to attend the opening of this international
symposium, upon the invitation of the Romanian Forensic
Association, and to convey all participants the message of
the M.A.I. management.

540

I desire to welcome the presence of the guests form


Poland, Italy, Macedonia, Bulgaria and the Republic of
Moldova, of the representatives of the Public Ministry, the
Ministry of Justice and of the Romanian Police, at the same
time of the university professors from the interior environment
or from the private university environment, and, last but not
least, all forensic investigators from the central or territorial
level.
For a start I wish to mention that, as compared to the
priorities set at the M.A.I. level for the period 2010-2013,
namely the increase of the security degree for citizens, the
reestablishment of authority of the structures which apply the
law, the decentralization and institutional reform, the adhesion
to the Schengen Space and in general the harmonization,
on the segment of the public order, with the UE Strategy of
domestic security, through unitary conceptual approaches,
the continuation of progress in the space of liberty, security
and justice, the adopting of the European security model, as a
recognition of the interdependence between the domestic and
the external security in building the center of global security,
the forensics formations, through the current activities, are
an integrating part of this mechanism which promotes the
novelty and the development.
At macro level, the M.A.I.
activity disposes of and takes
advantage of opportunities such
as:
the existence of a normative
framework adapted mainly to
the standards of the European
Union;
the implementation of the
system based on the operational
standards and work procedures,
meant to assure the quality of
police activities;
the implementation and use
of modern means to approach the
criminal phenomenon (strategic,
operational analysis, the creation
of computerised map of criminality,
the AFIS system and the judiciary
genetics);
the existence of structures for
the prevention and fight against
the criminal phenomenon, flexible
and dynamic ones, its personnel
being intensively trained through
some
foreign
partnerships,
being capable of adapting and to
answer the criminal evolutionary
situation;
the growth of the police
authority through the organization into an integrated teams
system of the Quick Intervention Services in the areas
identified with increased criminal risk potential;
the exercise of administrating certain crisis situations/
conflict, in international missions to maintain the peace, which
consolidate the knowledge and the expertise of the involved
personnel, offering at the same time motivational support for
the entire personnel;
a considerable number of projects developed by means
of the European Funds;
the existence of modern communication systems and
informatics in the support of the command act, control,
coordination and execution;
the existence of an extended informational network,
which allows each structure both the accessing of the data
bases of police interest, as well as the internal network
(Intranet), in order to accomplish a real communication
between the central and territorial structures;
the existence of the video-conference system;
the good training of the IT&C specialists in the planning,

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

The last commitments assumed by


Romania in respect of the Treaty from
Prum, namely the Schengen agreement,
will need new opportunities and
developments of the forensic data bases
in order to fight against the trans-border
criminality, so that Romania may have
an active role in the relationship with the
member states.
By organizing this symposium is
marked the continuity in time and space
of the desire of professional progress and
of the exact sciences.
I wish you all success in developing
the works of the Symposium!
The message of the management
of the Romanian Police presented
by Police Chief Commissary Mr.
Alexandru Tanco

design, implementation and insuring the support for the


maintenance of the IT&C systems;
the accreditation of the laboratories of the Forensic
Science Institute, as per the standard EN ISO/IEC
17025:2005;
the offering of an integrated system for training and
evolution in career;
the very good cooperation with the internal partners
(NGOs that develop programs in the field of the asylum and
of human rights) and external partners (similar institutions
from other states, international organizations, UNHCR, OIM,
etc.);
the participation to the international missions organized
under the aegis of the UNO, UE, or other international
bodies.
At the level of the M.A.I. are organized and developed
cooperation actions both nationally as well as internationally,
with the similar structures from other countries, within the
limits of competence granted by law, with the purpose of
accomplishing certain data exchanges and information meant
to assure the improvement of methods and work means, as
well as the implementation, in the own activity, of standards
promoted at international level.
The systems of enforcing law that are based on the trust in
the legal process have as result the justice, and the research
bodies and of criminal prosecution have a powerful ally in the
complex development of forensic sciences. By combining the
knowledge from different fields that are combined in forensics
the forensic experts may solve the most difficult cases.
The need to identify and analyze more closely, with rapidity
and with high resolution details of the evidence picked up from
the crime scene is increasing, as result of the more and more
sophisticated means used by criminals in perpetrating their
crimes, as well as the new types of judiciary evidences, which
require superior performances of the instruments, techniques
and equipments existing in forensics.
Through great results, the forensic policemen promote the
image of the Romanian forensic science and of the Ministry
of Administration and Interior in the European space. The
sustained efforts made by the forensic investigators have
led to many activities that envisaged the improvement of the
professional training, the modernization and improvement
of the activity and technical skills, the implementation of
standards and manuals of good practices and the adapting
to the requirements of the international police cooperation,
so that the information exchange and the probation, be
accomplished in respect of the criteria of performance and
based on the standards imposed by the European Union.

Dear Sirs and Madams,


Distinguished Guests,
Dear Colleagues,
The systems of enforcing law that are based on the trust in
the legal process have as result the justice, and the research
bodies and of criminal prosecution have a powerful ally in the
complex development of forensic sciences. By combining the
knowledge from different fields that are combined in forensics
the forensic experts may solve the most difficult cases.
Lately, the forensic investigators, these men of science
with a high degree of specialization, who are involved in the
scientific investigation of antisocial deeds, have become
more present and visible than ever through the activities that
they develop. The men in white suits are the ones, who focus
on the discovery, identification and individualization of the
evidence from the crime scene, in order to bring a scientific
perspective in clarifying the de facto situation and to offer
the most possible reconstruction of what has happened.
The people in white dressing suits examine in laboratories a
large spectrum of traces, picked up from the crime scene or
disposed for comparison, and without their expertise is hard
to believe that one can reach the truth.
The need to identify and analyze more closely, with rapidity
and with high resolution details of the evidence picked up from
the crime scene is increasing, as result of the more and more
sophisticated means used by criminals in perpetrating their
crimes, as well as the new types of judiciary evidences, which
require superior performances of the instruments, techniques
and equipments existing in forensics.
Through great results, the forensic policemen promote the
image of the Romanian forensic science and of the modern
Romanian Police in the European space. The sustained efforts
made by the forensic investigators have led to many activities
that envisaged the improvement of the professional training,
the modernization and improvement of the activity and
technical skills, the implementation of standards and manuals
of good practices and the adapting to the requirements of
the international police cooperation, so that the information
exchange and the probation, be accomplished in respect
of the criteria of performance and based on the standards
imposed by the European Union.
The last commitments assumed by Romania in respect of
the Treaty from Prum, namely the Schengen agreement, will
need new opportunities and developments of the forensic data
bases in order to fight against the trans-border criminality, so
that Romania may have an active role in the relationship with
the member states.
I wish you success in the development of the
Symposium works!

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

541

THE PICKING UP OF TRACES


AND THE ADMINISTRATION OF EVIDENCE
IN THE EUROPEAN AND INTERNATIONAL
JUDICIARY SYSTEMS
VALORIFICAREA URMELOR I ADMISIBILITATEA
PROBELOR N SISTEMELE JUDICIARE EUROPENE
I INTERNAIONALE
Police Quaestor GABRIEL RU forensic expert
Abstract
There is a great diversity of ways of expression and legal enforcement and tackling
major differences in the definition and management of evidence in various judicial systems.
While overseas, the issue of admissibility of scientific evidence is subject to precise rules
as possible, is rarely mentioned in the publications of European legislation and common
law legal systems seem cautious about this matter. Scientific soundness problem is seen
as intrinsically linked to the evaluation of current evidence, along with determining their
probative value.
Thus, the evidence is admitted at the outset and thereafter at the discretion of the court
when assessing the evidence to take into account any errors that could lead to its ejection.
Legal systems in Europe, in most cases, do not give detailed explanations in terms of
scientific criteria which must be met by the evidence, if they must be managed.
There is no specific standard under ISO 17025 on the drafting of the expert report or the
presentation of the results of judicial authorities.
Key words: type system as an accusatorial, inquisitorial type system, the European
legal systems, the picking up of traces, scientific evidence, scientific admissibility, evidence
assessment, scientific validity, expert opinion, the margins of error of the method, the official
expert, the expert testimony.
Rezumat
Exist o diversitate mare de modaliti de exprimare i aplicare a normelor juridice,
precum i diferene majore n abordarea problemei definiiei i administrrii probelor,
n diverse sisteme judiciare. n timp ce peste ocean, subiectul admisibilitii tiinifice
a probelor este subiectul unor reguli ct se poate de precise, este rareori menionat n
publicaiile legislative europene. i sistemele legislative de drept comun par rezervate n
ceea ce privete acest subiect. Problema soliditii tiinifice este privit ca intrinsec legat
de evaluarea probelor actuale, mpreun cu determinarea valorii probatorii a acestora.
Astfel, proba este admis de la nceput, fiind apoi la latitudinea instanei de judecat, n
momentul n care evalueaz probele, s ia n considerare orice erori care ar fi putut duce
la respingerea acesteia. Sistemele legislative din Europa, n cele mai multe cazuri, nu fac
precizri detaliate, n ceea ce privete criteriile tiinifice care trebuie s fie ndeplinite de
ctre probe, n cazul n care acestea trebuie administrate.
Nu exist un standard specific subordonat lui ISO 17025 privind redactarea raportului
de expertiz sau privind prezentarea i comunicarea rezultatelor autoritilor judiciare.
Cuvinte cheie: sistem de drept de tip acuzator, sistem de drept de incriminator,
sistemele legislative europene, valorificarea urmelor, probe tiinifice, admisibilitate
tiinific, evaluarea probelor, validitate tiinific, opinia expertului, marjele de eroare ale
metodei, expert oficial, mrturia expertului.
Considering the extremely generous theme of this
symposium, inspired by the materials studied during
the last years and the new opportunities offered by
the European integration, which allowed the Romanian
forensics a more accentuated and profound valorization,
I felt the need to make a review, for those interested,
over the manner in which we perceive the picking up
of traces in the European and international context,
beyond the sense we are used to every day, as forensic
investigators.

542

I penciled for a start the different perception vision of the


phrase the picking up of traces from the view point of the
professional/juridical status and I obtained the following:

the scientific perspective: was the examination of


traces made by using the best methods and means?

the forensic perspective do we find sufficient


the materials we have available in order to reach to a
conclusion?

the prosecution perspective are sufficient the


evidence in order to identify the author?

the defense perspective how can we shake

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

the evidence and diminish the action of bringing the


administrated evidence?

the quality management perspective were


observed the laboratory procedures?
Nevertheless, if we take into consideration also the
diversity of modalities of expression and application of
the juridical norms, as well as the major differences in
approaching the issue of the evidence definition and
administration, in different judiciary systems, the things get
complicated.
In order to clarify and dissipate the misunderstandings,
provoked by the different points of view created by juridical
systems at European and international level, I shall make
reference to the Compared study regarding the scientific
evidence, drawn up by Christophe Champod and Jolle
Vuille, the School of Forensic Science, the Faculty of Law
and Criminal Sciences The University of Lausanne. The two
researchers elaborated, in 2010, this study for the European
Committee Office for Criminal Issues (ECOCI), from the
European Council, of which we present in continuation its
main aspects.

the file, previously to the development of procedures. The


judge/the court decide if additional evidence is necessary, or
if, is considered that the available information is insufficient
in order to give a verdict. During the trial, the witnesses and
experts are usually audited by the judge, who is thus having
an active part.
Note: The European Convention of the Human Rights
has a compulsory character for the states that have different
procedural traditions, be they of incriminatory or interrogatory
type, and thus is based on the idea that the structure of the
judiciary system is not relevant by itself in the context of
observing the principle of the equality of rights. Both types
of system are in the same manner capable for warranting an
equitable process.

EVIDENCE IN THE CRIMINAL JUSTICE SYSTEMS


BELONGING TO THE SYSTEMS OF INCRIMINATING
AND ACCUSATORIAL TYPE

The incriminating system:

because the judge/the court have (has) access


to the case file, before the trial, there are voices which
denounce in this a risk of partiality, as much as, previously,
a neutral judge has led the investigation and considered that
the incriminating evidence was sufficient for sending the
case to the court;

the neutrality of the investigation depends upon the


judges impartiality, who investigates and is held accountable
for the case;

generally, the defense is aware of the entire case


file and the current problems. Even if the additional evidence
may be brought by parties or may be requested in court
during the hearing, the surprise effect does not belong to the
legal culture of such a legal system;

the contribution of the defense in building the file is


reduced, and the corollary of the judges neutrality is that the
parties have their own powers of limited investigation;

during the trial, the parties cannot cross-hear the


witnesses and experts that bring evidence unfavorable to
the parties, and sometimes this is perceived as a manner
in which the parties are deprived of effective means to
challenge the credibility of those persons.

General Presentation
For a start, in this study, a short presentation is made
for the two main procedural systems used in the European
states. There is no clear differentiation between them and
both legal systems borrow, actually, from the contents
belonging to the other type. Nevertheless it is of great
importance to first take a look at the structure of the legal
systems.
In a legal system of accusatorial type, the accusatorial
tradition, the accusation and defense present two versions
of the circumstances that led to committing the deed,
before a jury, which is asked to decide over which of the
two versions is the real one, which of them corresponds
to the truth from the jurys point of view. The judge plays
the part of the mediator, a passive role most of the times,
who is more interested in the observance of the procedure
and in the correct getting over the stages of the suit. The
procedures are mainly oral, and the verbal exposition and
the direct demonstration play the main part, because only in
this stage the jury takes notice of the facts. The witnesses
(including the experts) are heard directly, repeatedly during
the procedures. A complex set of rules establishes which
evidence is admissible and which need to be excluded
from the case. Thus, the continuation of the investigation is
determined by the two parties, which have the responsibility
to bring evidence to support their position, to make questions
for the witnesses and the experts they bring.
In an incriminating legal system, the inquisitorial tradition,
the enquiry is accomplished by a judge, who assesses the
incriminating evidence and the evidence that exonerate the
defendant, with the purpose of finding the truth; the judge
gets involved directly and holds the central position, is
hearing the witnesses and appoints the experts, if this is
found to be useful. The system operates as per the principle
of the liberty to administrate evidence. The judge holds the
file of the case, which contains all documents related to
the procedures, underwent and all evidence and means of
evidence, and this file may be seen by all parties involved. The
preliminary stage, which is not published, written and nonadversarial, is followed by a public and adversarial stage. In
continuation, the judge, who investigated the case, forwards
the file to another judge or to a court, which unwinds the
procedures, mainly based on the materials already existing
in the file, and for this purpose the court will have access to

The Administration of Evidence and Means of


Evidence
The advantages and disadvantages that represent the
two law methods, in what concerns the administration
of evidence and their further importance, are presented
in continuation.

The accusatory system:

certain investigation acts may be executed only by


a public authority (e.g. the performance of a search). Thus,
de facto the two parties are not in the same situation;

the hearing of witnesses and experts by the parties,


directly, may imply the risk of minimizing/maximizing the
relevance of evidence, as per the purposes of the one who
performs the interrogatory, especially if the persons are heard,
although professionally competent, they lack the experience
in the public speech (as usually the case of experts);

the crossed hearing is considered as being an


efficient means to test the witnesses credibility;

the part that the defense may play in the progress


of the investigation, is theoretically, bigger;

the part of the defense is still limited in practice by


the financial resources available to the defendant;

the provisions regarding the security of information


are asymmetrical, which does not contribute to a transparent
assessment of the scientific evidence.
Scientific evidence
In what concerns the experts involvement in the
procedures, different solutions have been adopted in the
two legal systems.

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

543

The accusatory system is based, first of all, on the


statements of the experts chosen by the parties, trained
and paid by the latter and having a status similar to the
witnesses.
We show, in continuation, the main advantages and
disadvantages, in what concerns the evidences of scientific
type, within the procedure of this system:

the accusatory system allows, theoretically, the


questioning of any statement given by the expert of any of
the parties;

the system is more exposed to the risk of introducing


the means of evidence (intentionally or without intention) by
one-sided experts;

the system hides the areas which the well trained


scientists agree upon, but encourage the disputes between
well trained experts in the art of rhetoric;

the defense needs to have sufficient financial


resources, in order to appeal to experts with an equally
good reputation as that of the experts chosen by the
prosecutors;

the experts are also chosen for their capacity of


impressing the court and not for their professional qualities;

in administrating the scientific evidences, the


cognitive capacity of the expert (attention and memory),
the motivation and its prejudices are not questioned, and
the conclusions may be one-sided and may lead to false
results;

the experts cannot present freely their results, this is


made always through crossed hearing or interrogation, and
this is why the results are always projected into a direction
or another; in this context we need to remark the fact that in
such a system the written reports presented by the experts
are generally short, that is they present mainly the facts,
because during the adversarial procedure the meaning of
the material exposed as such to the file will be debated and
will get meaning;

if the experts may be perceived as paid weapons


by the parties, the science loses its capacity to convince,
although the justice applies to science especially for the
safety that the latter represents.
In what concerns the incriminating system, the majority
applies to official experts, sometimes these experts being
included on lists or coming from certified laboratories. They
are assigned by an instruction judge or by a court and they
work under the surveillance of the latter, having a superior
statute to the witnesses.
The parties are not completely isolated from the activities
of elaboration of reports by experts, because the parties
may request that certain questions be put to the expert (and
namely that certain experiments be performed), may make
comments on the scientific report, once it was submitted
to the case file, they may come with additional questions
and may ask for the appointment of an expert to offer a
new opinion, may ask the expert, on the hearing, to clarify
questions remained still unclear, and may interview their
own expert.
In continuation we present the main advantages and
disadvantages of these systems:

the parties may come with questions during the


entire duration of the procedures, giving the expert the
occasion to reconsider his/her position, in a calm and
impartial way (in his office or in a judges office), and this is
beneficial;

there is the risk that a court grant much trust to


experts having average competence, yet protected by their
own special statute, against any tough attacks from the
defenses behalf;

in certain areas of expertise, this problem is


compensated through an accreditation system (or of official
lists) meant to warrant the competence and credibility of

544

the scientists that assure the expertise system. In practice,


nevertheless, these accreditations lead sometimes to the
fact that the experts with the highest qualification degree
work exclusively for the criminal investigation bodies,
depriving thus the defense of important resources and, at
the same time, on the long run, questioning the neutrality
of these experts and it is possible, at least, for this system
to create the impression that thus is put an obstacle against
the defense.
THE SCIENTIFIC ADMISSIBILITY OF THE MEANS OF
EVIDENCE
While in the United States of America, the topic of the
scientific admissibility of evidences is subject to as precise as
possible regulations, it is rarely mentioned in the European
law publications. The common law legal systems seem very
reserved in what concerns this topic. The problem of the
scientific solidity is seen as closely linked to the evaluation
of the current tests, together with the determination of their
evidentiary value.
Thus, the evidence is admitted ever since the beginning,
being then the liability of the law court, that in the moment
the evidences are assessing, to take into consideration any
errors that could lead to their rejection.
Thus, Black, Ayala&Saffren-Brinks (1994, p. 782ff)
suggest the following criteria, in order to help the jury
understand the scientific data that are presented to them:

explanatory power: a safe science is descriptive


and predictive; it offers a plausible explanation for a
mechanism;

falsity: a scientific hypothesis needs to be formulated


in such a way as to be tested empirically;

coherence: a solid scientific hypothesis is coherent,


does not contradict itself, and is not tautological;

diversity of the experiments performed: the solidity


of a hypothesis is as greater as it resisted to several and
diverse attempts;

consistency with the established scientific theories:


the scientific knowledge is cumulative, that is why a new
theory is often based on already acquired knowledge;

acceptance by the scientific community: the fact


that a theory is taken over and used by other members of the
scientific community represents a powerful clue regarding
its strength;

precision: the generalizations are insufficient and


hard to argument through varied experiments, in order to
test their accuracy;

exact revision and publication: the reevaluation of


data and their revision, if necessary, next to their publication
in specialty journals are absolutely necessary.
The legal system in the United States
The Supreme Court referred to the concept of
scientific validity and suggested five criteria in order to
acknowledge it:

the application of the management standards;

the general acceptance within the scientific


community;

the forgery of the method;

the error margins of the method (known or


presumed);

revision and publication.


Great Britain
The scientific expertise is generally considered
admissible, in the English laws, if it meets the following four
conditions:

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

1) it refers to a topic that goes beyond the knowledge


and expertise of the persons who needs to decide (court/
jury);
2) it refers to a subject regarding a field of knowledge
sufficiently organized and recognized, so that it may be
considered a trustworthy source of knowledge, a field in
which the expert in question has special knowledge which
could help the court to fulfill its task;
3) the expert needs to have acquired, through study or
experience, sufficient knowledge, so that to supply a useful
opinion to the law court;
4) the expert needs to be impartial.
In practice, if the expert is accredited or has the necessary
qualifications and the subject on he/she testimonies is
relevant for the case trialed by the law court, his/her
testimony is, generally, allowed.
Essentially, in the Common Law are rejected the expertise
evidences, which are based on associations/conglomerates
of unfounded data (astrology), accepts well-documented
methods and is based on the double requirement both as
relevance, as well as strength. From this point of view,
the Legislative Commission recognizes that there is no
reference book to help the judges in establishing the issue
of admissibility.
Recently, at the level of the Legislative Commission,
ever since the stage of discussions, it was attempted the
identification of the best method, in order to determine the
degree of trust of the scientific method and, at the same
time, the degree of trust in the conclusions formulated by
the expert.
The following criteria are taken into consideration
regarding the determination of the admissibility of the
scientific evidence:
1) the experts opinion is admissible only if sufficiently
solid;
2) the party desiring to suggest the opinion of an expert
has the task to demonstrate its strength;
3) the evidence is sufficiently solid if:
(a) it is based on solid principles, theories and
hypotheses;
(b) these principles, theories and hypotheses have been
applied accordingly to the case;
(c) the evidence meets these principles, theories and
hypotheses in the same manner it is applied to the factors
of the case.
In order to establish these diverse criteria, The Legislative
Commission suggested that the following elements be taken
into consideration:

is there enough specialty literature related to the


method in question?

was the method subject to revision; how solid is it?

was the method used tested, and in the case of


an affirmative answer, until what level/degree, the results
demonstrate that the method is solid?

which are the limits of error of the method?

which is the competence, experience and the


position of the expert within the scientific community; did he/
she published articles related to this subject?

there is a different position in the scientific


community; which is the competence, experience and the
position within the scientific community of the persons that
support this different point of view?

are there any clues that the expert breached his


impartiality obligation?
European legal systems
The legal systems in Europe, in most of the cases, do not
have detailed explanations, in what concerns the scientific

criteria that need to be fulfilled by evidences, if they need to


be administrated.
For example, the article 244 II from the German
Strafprozessordung regulates simply that: das Gericht hat
zur Erfoschung der Wahrheit die Bewesaufnahme von Amts
wegen auf alle Tatsachen und Beweismittel zu estrecken,
die fur die Entscheidung von Bedeutung sind (In order to
discover the truth, the court will administrate evidences ex
officio from any circumstance and means of evidence which
is relevant for the trial).
By virtue of the article 427 (1) from the French Criminal
Procedure Code, the criminal offences may be established
by any means of evidence which may lead to discovering
the truth.
In the Swiss legislation, at last, the scientific admissibility
is governed by the least abstract of the principles: The
criminal prosecution authorities will use all types of legal
evidences which, in the given situation, belong from the
scientific knowledge and the experience, may establish the
truth. (Article 139 (2) CPC/Switzerland).
In the legal regulatory framework from Romania
any element that serves for the acknowledgement of the
existence or nonexistence of a criminal offence, to the
identification of the person who perpetrated it and to the
knowledge of the necessary circumstances for the just
settlement of the case.
The criminal procedural law stipulates that the evidences
do not have a previously established value (art. 63 C.P.C.)
and that the own believe of the justice body is not an
evidence in itself.
The task of bringing evidences and administrate them
in the criminal trial is the responsibility of the criminal
prosecution body and namely the court (art. 65, paragraph
1, C.P.C.).
Art. 67 paragraph 1 C.P.C. establishes as subsidiary
aspect the parties right to suggest and ask the administration
of evidences.
The means of evidence are those legal paths through
which the existence of evidences is administrated and
acknowledged.
According to art. 64 C.P.C., the means of evidence
through which evidences may be found are:

the defendants or accuseds statements;

the statements of the injured party, of the civil party


and of the responsible party from the civil point of view;

the witnesses statements;

the documents, audio or video recordings, photos;

the material means of evidence;

the technical scientific and forensic findings and


the expert examinations.
In the criminal matter there is the general regulation that
says that evidences may be administrated, as a rule, by
any of the means of evidence provided by law. The ones
obtained illegally cannot be used in the criminal trial.
As a matter of fact, these systems, characterized by a
great liberty in what concerns the admissibility, are exactly
where the trust granted to the expert by the court is most
extended, as these systems are mainly those in which the
experts are assigned officially. In the moment these elements
juxtapose, one of these ends in a system where the position
of defense is extremely difficult because, the court has full
confidence in the expert it assigned, as the latter is supposed
to be impartial and competent. The experts testimony is not
subject to any formal test of admissibility, is supposed to be
a correct one.
While, for courts, it is important to be convinced that the
forensic science is based on good practices and protocols/
procedures, it needs to be said that the high standards that

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

545

apply to analyses do not extend also over the manner in


which the outcomes are construed and expressed in the
expertise reports (Willis, 2009). There is no specific standard
subordinated to ISO 17025 regarding the elaboration of
the expertise report or regarding the presentation and
communication of the results to the legal authorities.
Nevertheless, the manner in which the results are construed
and communicated to the court, is of great importance. Not
only that, in what concerns the forensic experts, they need
to have the necessary technical and analytical skill, which
happens in most of the cases, but they need at the same
time to develop the capacity of construing the non relevant
data (Fereday and Kopp, 2003).
As several writers have underlined, there not a sole set of
rules in what concerns the joint intendment (or terminology)
within the scientific community. As consequence of the
Guy Paul Morin case, the Kaufman commission (Kaufman,
1998) studied thoroughly these problems. In the study
regarding the genetic analysis, as an integrating part of the
forensic evidences, Verhaegen (1997) underlined already
the necessity that all laboratories have protocols in force
and systems to construe the results. As per Garett and
Neufeld (2009), numerous communication errors may lead
to an insufficient evaluation of the significance regarding
technical aspects of the case.
Walker and Stockdale (1999, pp. 148-149), conclude
in their study that: Thus, the issues remained, especially
in what concerns the standards used in the analysis and
justice of the intendment of the outcomes, presents the
grave danger that the jury be seduced of the purity of
science, without taking into consideration fully the impurity
of their applicability.
Three basic principles are defined in order to
construe the scientific evidences (Champod and Evett,
2009):
1) the scientific element needs to be construed from
the point of view of circumstances of the case in question.
The experts need to have a certain volume of information
regarding the case in question, so that the outcomes
obtained and their intendment be put in the context;
2) a rational and equilibrated interpretation of the
scientific element is possible only if the results are evaluated
from the both points of view, that of the accusation and of
defense as well;
3) the questions that the expert needs to answer
always refer to associated probabilities associated to the
technical results obtained (considering the case for the
accusation and defense) and not the very probabilities of the
case. It establishes precise terminology regulations for the
conclusions of the expertise reports and their presentation
before the courts.
Solution: a commission or an evaluation institution for
the scientific evidences/to provide scientific opinions.
A possibility would be the setting up of a European body,
as recommended by the British Consultative Council for
Forensics and that of Arbitration for Forensics, to take actions
as consultant for the political authorities and in justice, in
what concerns the solidity of the scientific evidences that are
used. This position was adopted also by Alldridge (1992),
after his analysis regarding the DNA samples.
This institution could elaborate recommendations to
the law courts which could support the judges, when they
need to decide regarding the admissibility of a new forensic
technique or regarding the solidity of a new form of probation,
or when it is necessary to waive a certain type of evidence,
which has become obsolete.
This institution could be even ENFSI, according to my
opinion.

546

REQUESTS OF PROFESSIONAL CONSULTANCY


ADDRESSED TO THE ENFSI WORK GROUPS
The discussion was stimulated by the suggestion of the
Managing Board to include an additional paragraph regarding
the provision of advisory for the external organizations
according to the ENFSI frame for the Work Goups. It is
suggested that the relationship with the requesting authority
be accomplished through the ENFSI secretarial office, being
supervised by the ENFSI chairman.
By approaching this topic it is important to admit the fact
that the external requirements addressed to the European
groups of ENFSI (EWG) will include, most probably,
questions of different types:

questions that relate to the forensic science


generally, without relation to a certain case;

questions related to the forensic science associated


to the context of a certain case (or of a group of specific
forensic science cases);

questions regarding the quality management.


Regarding the first category, it seems completely proper
for the EWG groups to be consulted in such issues. Truly, the
ENFSI Board should encourage the European organizations
to consider the Experts Work Groups as scientific sessions,
where general topics related to forensic science may be
approached, from different fields of specialty.
At the same time, it is pretty risky for the experts work
groups to offer unitary opinions as answer to questions from
the second category that involve specific criminal cases.
When questions are made, which relate to general
Forensics without concerning one case in particular, it is very
important that the person or organization that addresses the
request to state from the very beginning that the request
does not involve a particular criminal issue. Nevertheless,
an official answer from behalf of EWG to a general forensic
question could become relevant for a criminal issue at a
certain moment in time. In such cases, it is always possible
for a court to summon a person (probably the chairman of
EWG, as author of the answer worded by EWG), in order to
offer its opinion to the court.
It is important for ENFSI (Chirs Hadkis UKCJD July
2010), to take into consideration the diversity of organizations/
persons which could request for professional advisory from
behalf of the EWG groups (governmental organizations,
specialty institutions, private sector organizations, private
persons). ENFSI should filter such requests and to accept
only the ones belonging from clear sources. If restrictions
are introduced related to granting of professional advisory,
the ones excluded will always accuse that the restrictions
are not justified and are incorrect.
Thus, one may anticipate that the opinions expressed
within EWG regarding the cases specific in this field, will offer
the occasion for extended legal debates and contestations
before courts. Such contestations may lead to:

the cancellation or postponing of a criminal trial;

the pronouncing of a decision by the Court of


Appeal, being shown that a conviction is risky;

the expression of a legal opinion contrary by the


law court, related to an expert involved, what could gravely
undermine the credibility of that person in capacity of expert
and, consequently, the opportunity to summon this person
to other cases in the future, as well;

putting the expert involved in a difficult situation


from the professional viewpoint, including through an action
initiated by a specialty institution, by losing the accreditation
and by the possibility to take civil actions by the accused.

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

The representatives from a EWG may include persons


from an extended set of ENFSI institutes (some institutes
with accreditation in the scientific field in question, and
others that still have not obtained such an accreditation).
As a whole, there is a varied set of topics that may lead
to difficulties of legal nature and potential legal liabilities, in
case the work groups of the ENFSI experts will be able to
answer collectively to the requests of professional advisory,
in frame of specific criminal cases.
The topic is still under debate at the level of ENFSI.
FORENSIC ACTIVITY AT NATIONAL LEVEL
TECHNICAL-SCIENTIFICAL ACKNOWLEDGEMENT
ACTIVITY
AND FORENSIC EXPERTISE AT NATIONAL LEVEL
In the year 2009 (in
approx. values), from the total
of 618,000 picked up traces,
82,000 were papillary traces,
67,000 were biological traces,
12,000 written documents and
455,000 other type of traces.
During the first 9 months
of the year 2010 a number
of approx. 410,000 traces
were picked up, as following:
53,000 papillary traces, 40,000
biological traces, 7,000 written
documents, 4,000 micro traces
and 306,000 other types of
traces.
In the year 2009, at
national level, approx. 23,000
examinations were performed
and
technical-scientific
findings, 441,000 traces being
subjected to examination,
in order to formulate the
conclusions.
During the first 9 months of
the year 2010, at national level,
a number of 19,325 expertises
and technical-scientific findings
were performed, 436,207
evidences being submitted to
examination in order to draw
conclusions.
In the year 2009, at national
level,
through
expertises
were identified approx. 6,400
persons suspect of having
committed 6,300 criminal
offences.
During the first 9 months
of the year 2010, the number
of the persons identifications
through forensic examinations,
at national level, is of 6,150
suspects in 5,600 criminal
offences.

The evolution of the identifications through forensic


examinations (approx. value).
Problems identified in the expertise activity:
When submitting the expertise/CTS, when the
performance time limit is set, the following are not taken into
consideration:

the available human resources;

the capacity of the laboratory to meet the deadline


of the task, by observing the deadlines established, already
assumed, through examinations previously recorded;

the observance of the procedure according to the


quality management, which involved benefits, but also a
greater bureaucracy, by increasing the number of records;

the number of traces and/or the materials made


available versus the available time (the order to have
examined tens/hundreds of materials within 10 or 30
days);

to order works in emergency (for example with


great prejudice or persons arrested in the case), aspects
which lead to the postponing of the performance deadlines
for the requests sent previously;

the workers participation to other activities as well,


according to their tasks mentioned in their job description.
Threats: the failure to observe the performance deadlines
of works, with implications over the celerity.
Risk factors: the apparition of errors of shape or
substance, which may have repercussions in the accuracy of
the act of justice or, even worse, an undesired contribution
to the judiciary error, both doubled by an increase of the
number of requests and claims from behalf of the citizens
which will be directed against the experts.
Considering the fact that, during the last years, the activity
was performed with the same structure of human resources,
the aspects mentioned underline, actually, a qualitative
development of the manner of approaching the research
activity of the crime scene/expertise, by searching and
picking up all types of traces, being well known the natural
tendency towards the papillary and biological traces, which
have a poignant importance in the identification process.
The statistic data from the last 5 years reveal us also
the fact that the organizational restructuration from 2004
was beneficial in terms of efficiency, that the investments
in technique/modern technology were fundamental for this
positive trend and we focus on fulfilling the commitments
towards the European partners, of assuming an active
role in highlighting the capabilities of the Romanian Police
in contributing to the European effort of fighting against
the trans-border criminality and to identify the authors of
criminal offences against the human fundamental liberties
and rights.

Bibliography:
1.
Scientific evidence in Europe Admissibility, appraisal
and equality of arms Christophe Champod and Jolle Vuille
School of Criminal Science, Faculty of Law and Criminal
Science, University of Lausanne, Switzerland, 25 May 2010:
2.
The Romanian Criminal Procedure Code;
3.
www.juspedia.ro/drept-procesual-penal/1202/
mijloacele-de-proba-in-procesul-penal;4.
www.jurisprudenta.com/ACHITARE-MIJLOACE-DEPROBA-ADMINISTRATE-ILEGAL-Act-Jurisprundeta-659448.
html
5.
www.exploreforensics.co.uk/building-a-case-usingforensic-evidence.html;
6.
www.crime-scene-investigator.net/csi-articles.html

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

547

THE AVIATION ACCIDENT


FROM TUZLA AS OF 05.07.2010
ACCIDENTUL AVIATIC
DE LA TUZLA, DIN 05.07.2010
Military Prosecuting Attorney, Brigade General,
Univ. Lect. NICOLAE LUPULESCU, PhD
Deputy of the Military Department from the Prosecutors Office
attached to the High Court of Cassation and Justice
Abstract
On the 5th of July, 2010, around 17.41, a military plane type AN-2, belonging to the
Ministry of National Defence, at Tuzla Airfield, Constana, an aircraft accident took place
out of which resulting the dead of 12 military personnel, the serious injury of two people and
the total destruction of the aircraft in which were the victims. The author has participated
and coordinated the investigation of the accident and shows us the main causes that have
determined the event.
Key words: Tuzla Airfield, the crew of the aircraft, the flight regime, the takeoff procedure,
cabrage, the causes of the accident, abandonment of criminal proceeding.
Rezumat
n ziua de 5 iulie 2010, n jurul orelor 17.41, un avion militar de tipul AN-2, aparinnd
Ministerului Aprrii Naionale la Aerodromul Tuzla, Judeul Constana, a avut loc un
accident de aviaie soldat cu moartea violent a 12 militari, vtmarea grav a doua
persoane i distrugerea total a aeronavei n care s-au aflat victimele. Autorul articolului
a participat i coordonat activitile de investigare a accidentului i prezint principalele
cauze care au determinat producerea evenimentului.
Cuvinte cheie: Aerodromul Tuzla, echipajul aeronavei, regimul de zbor, procedura
de decolare, cabrajul, cauzele producerii accidentului, dispunerea nenceperii urmririi
penale.

I have participated to the investigation of many


aviation accidents, but none impressed me as much as
the one that took place at the Tuzla Airfield, Constana
county, on 05.07.2010, hours: 17.41, with the military
plane type AN-2, no. 53, belonging to the Ministry of
National Defense. The accident had as consequences
the violent death of 12 military personnel, the grievous
bodily harm of 2 persons and the total destruction of
the plane, where the victims were.
In Tuzla my eyes saw a truly carnage, a bunch of
carbonized bodies, with their arms pointing towards the
sky, in order to show us where we can find them when
we shall go beyond the horizon. Those were the dead
bodies of exceptional military personnel, with a great
professional and physical training, young, beautiful,
healthy, proud, ambitious people, being so passionate
by their very profession, destined for very balanced
psychically persons and brave, who, a few seconds
before the catastrophe, were forming a bunch of roses.
I. De facto, on the date of 05.07.2010, at the airfield
from Tuzla, a day instruction flight was scheduled, with
the plane AN-2 no. 53, between the hours 13.00-18.50.
The weather condition check was not necessary to be
performed, as the atmospheric conditions were very
good and were allowing the development of the ZVMC
flight activity (Ziua Visual Meteo Conditions).
The monitoring of the fight from the control tower of the
(TWR) Tuzla flight was provided by a mixed civil-military
team, composed of the operational manager of the Tuzla

548

Airfield, and the flight military manager, an officer being


assigned for that day, who had also the capacity of first pilot
on the AN-2 plane.
The flight started according to the planning, at 15.05
hours, with the getting off and the checking at land of the
planes parameters, following by the taking off at 15.10
hours.
After the landing which took place on the fifth flight, the
plane headed to the feeding point located laterally, rightwards
to the tarmac (oriented towards the 0400 direction), in the
vicinity of the place where the parachutists were waiting and
it was proceeded to stopping the engine.
In all the five flights performed, the activity of launching
parachutists developed normally, without any incident. After
each flight, the plane was directed towards the training and
embarking point, where the following series of parachutists
were waiting, equipped and trained for the launching, the
engine would not be stopped and, after closing the door,
it headed towards the south end of the tarmac and would
align for the taking off on the 0400 direction. The place
where the parachutists waited for their turn for embarking
was located at approx. 100 meters laterally rightwards on
the 0400 tarmac.
The parachute jumps were executed from 400, 1000
and 1200 meters only onto land, in an area located between
Tuzla, Costineti and Eforie Sud. The launching flights would
last approx. 20 minutes, after which the plane would return
to the airfield, to proceed to the landing procedure, having
on board, besides the crew, the parachute instructor.

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

On each flight with parachutists, in the cargo (passengers)


cabin was permanently the parachute instructor who, after
the plane would stabilize during the flight horizontally, would
pass to each parachutist and would check once again their
equipment, the manner in which the parachutes were tied,
would give the final orders and would assure that everything
was all right. Each parachutist was equipped with two
parachutes, a main one in the back and a spare one, in
front.
The plain was refueled with the quantity of 500 liters
of fuel, namely aviation gasoline of the type AV GAS 100
LL, in the fuel tanks existing another approx. 150 liters
of fuel. The plane AN-2 has six fuel tanks, located every
three of them in the upper half planes, which can be fueled
with maximum 1200 liters of gasoline. After refueling, the
commander pilot informed that he had on board the quantity
of 650 liters of fuel.
In the fueling break, the speed and direction of the wind
modified up to the values of 5 nods (approx. 2-3 m/s) from
the direction 1600. Considering the changes occurred in the
weather conditions and for the safety of the flight, the civil
flight manager decided to change the tarmac in service on
the direction 2200, which means that, from that moment on,
the taking offs and landings would be performed from the
North-East towards the South-West.
On the sixth flight, eight parachutists got on board,
and after receiving the engine getting off approvals, the
plane, with the crew composed of the colonel J.N. plan
commander, lieutenant colonel A.C.V. pilot instructor,
who, due to the changes occurred in the weather conditions
considered necessary his presence on board, captain B.S.D.
first pilot, lieutenant G.L. secondary pilot and m.m.pr.
R.R. board mechanic, started the displacement and got
into the tarmac, after which it performed a turning of 1800,
aligning for taking off on the 2200 direction, according to the
taking off procedure.
On 17.41, the crew received from the control tower
information on the weather conditions from the airport area
and the approval for taking off, after which pushed on the
engine and started the displacement for the take off, the plane
having on board 14 persons. Beforehand, the crew made a
final visual check of the instrument board, gave correctly the
electric command of turning the flaps on 15 degrees and
not 20 (for taking off), because, if they had been positioned
on 20 degrees, due to the great oscillations of level of the
tarmac from the Tuzla airfield, there was the risk that the

plane would detach from the ground within speed limit. The
confirmation of turning the flaps on 15 degrees was done
visually, as per the indicating device from the board panel.
The displacement from the land was executed normally,
with the correct maintenance of the taking off direction.
The plane started to move in a speed more and more
considerable, and when it reached 70 km/hour, the crew
gave the order of lifting the skid. After lifting the skid (the
posterior wheel), and performing the hauling on two points
(the front wheels) during approximately 4 seconds, up to
110-120 km/hour, the plane detached from the ground,
executed a short level flight (a flight parallel with the ground,
in order to increase the speed, before the ascending flight)
approx. two seconds, followed by a powerful cabrage.
In the taking off procedure of this type of plane, the rule
says that the level flight should be performed up to reaching
the speed of approx. 140 km/hour, in order to ensure its
ascending slope under safety conditions. The cabrage is a
sudden turning maneuver upwards of the tip of the plane
around its cross section axis, used especially in acrobatics.
The cabrage was not commended, progressively and
continuous, in a first stage, on an angle of 20-30, as to
the horizontal, then increased considerably up to 60-70,
contrary to the diving commands given by both pilots by
pushing onwards the operating lever, towards the dashboard,
commands that remained without any effect.
The plane got to a height of approx. 40 meters, with a
deviation rightwards as to the axis of the tarmac, a deviation
caused by the side wind, at the same time with the sudden
decrease of speed up to a value near 0 km/h.
From that height, the plane undertook (bowed without
command and started to fall, due to the decrease of speed
and accordingly of the carrying force the sustentation
force) on the right side, starting to lose height. It followed
a leaning on the left side (left wing), as effect of driving the
orders of the rudder bar by the first pilot, in an attempt to get
back the plane on the taking off direction.
During the fall, once with the height drop, the plane got
back from cabrage and angling into an approx. horizontal
position, as result of the commands made by the first pilot,
who understood that the new trajectory of the plane could
lead to its fall in the parachutists area from the training
and embarking point. After this recovery, immediately a
suppressed fall followed (a free fall of the plane, vertically)
from approx. 15 meters up to the impact with the land, per
magnetic capita 2090 (the direction pointed by the magnetic

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

549

compass), at a distance of 100 m laterally right from the axis


of the tarmac, in the point of coordinates given by the GPS
of 43005858.1 North latitude and 28036.02.1 Eastern
longitude.
During this space of time, of maximum 25 seconds, the
engine worked perfectly and showed no signs of losing its
power and neither any default failures.
During the tough crush with the ground, the plane tear
in several parts, without spreading, its upper wings fell over
the inferior ones, but did not detach from the fuselage, the
metallic skeleton of the pilots cabin deformed, the plastic
eyes, some of them broke, other got out of the glassweather strips, the longerons that linked the joint vertical
and horizontal empennage (the planes tail) of the planes
body broke, the landing train broke and was folded under
the wings and several breaches occurred, among which one
in the arch of the pilots cabin and another next to the very
access door in the cargo cabin.
Immediately a violent fire started coming from the right
side of the plane, having as source and being fueled by the
gasoline from the broken tanks, located in the wings and the
pipes of the fuel installation, located, from construction, on
the side walls within the fuselage, behind the chairs where
the parachutists were seated. While hitting the ground, due
to the physical shock and strong frictions, the connecting
pipes of the fuel pipes broke and the gasoline with octane
number 100 spread over the persons in the passenger cabin,
amplifying the fire, which extended from the explosive and
covered rapidly the entire plane.
The accident took place under the horrified eyes of
the personnel that served the Tuzla airfield, of those from
the control tower, as well as of the parachutists from the
embarking point, who started to run towards the plane in
order to try to save their colleagues.
Captain B.S.D. first pilot - who, in the flights no. 2,
5 and 6, had the capacity of first pilot on board, succeed,
succeeded to get over rapidly from the shock and to leave
the cabin of the plane through its left side, going through a
crack appeared in the arch, over him.
The parachutist N.M., from the Naval Forces, who
occupied the last seat from the left side of the passengers
cabin, succeeded to leave the cargo compartment through
a crack of the fuselage, only after he got rid of his spare
parachute, being helped by his colleagues on land. That
crack appeared as a consequence of the impact with the

550

ground/the violent collision with the ground, right next to the


access door in the plane.
Those from the embarking point reached the place of
the catastrophe, and after repeated attempts, succeeded to
remove from the wreck in flames the parachutist A.L. from
the Naval Forces, who was located on the left seat, m.m.
4th class N.M., before the fire make impossible any rescue
operation.In the dramatic moments that they lived, before
leaving the plane, m.m. 4th class N. M. helped the lieutenant
A.L., who was in the seat right at his left, to reach the vicinity
of a crack in the fuselage, where he eventually got stuck due
to the fractures he had suffered and due to the parachute,
its safety device being blocked, and with all the efforts made
by his colleagues, they could only free him after a part of the
parachute and the equipment he had on burnt.
The lieutenant G.L. secondary pilot managed to get
out of the plane through the crack from the arch, previously
mentioned, but due to having inhaled carbon monoxide and
the fire that covered it, he only managed to move away at
approx. one meter distance from the right part of the pilots
cabin, where he deceased. The parachutists, who were the
first to reach the catastrophe scene, from the embarking
place, located on the left side in the back of the plane, could
not see it and neither did they imagine, in those moments,
that someone could have got out through the right side,
where there was no access door. Due to the immense
flames and smoke, the plane was rarely visible, and the high
temperature generated by the fire determined their repeated
removal from the accident scene, a part of them suffering
from burn on their arms, while trying to save N.M. and A.L.
All others 10 military personnel, of which 2 from the
Air Forces and 8 from the Naval Forces deceased in the
plane through carbon monoxide inhaling and due to the fire,
possibly in state of unconsciousness produced by a violent
mechanic shock at the violent contact with the ground.
In order to extinguish the fire, both water as well as foam
and dust were spread, the fire was limited but at the exterior
of the plane, but in its interior the fire continued to manifest
violently, until the consumption of the fuel sources (the
fuel from two tanks located in the right upper half planes,
cracked in the collision with the ground), which fed the fire,
extinguished approximately on 18.15.
The surviving pilot and the two parachutists were removed
and transported to the Emergency Hospital (county hospital)
from Constana by three ambulances belonging to SMURD,

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

after which the physicians decided that A.L. and N.M.,


due to their very serious state, to be transported as soon
as possible to the Central Emergency Military University
Hospital Dr. Carol Davila from Bucharest, where was sent
also the captain B.S.D. with a helicopter.
In the night of the 5th of July 2010, at 23.30, 10 minutes
before the landing in Bucharest, due to the multiple traumas
provoked on the crash of the plane with the ground, due to
the descendent aorta brake and of the burns of 2nd and 3rd
degree on 90% of his body, the parachutist A.L. deceased
in the helicopter that transported him and m.m. N.M. to the
hospital.
From the aviation accident resulted the total destruction
of the military plane of AN-2 type no. 53, the bodily harm of
captain Blanu tefani Daniel, who fulfilled the position
of first pilot, the grievous bodily harm of the parachutist
m.m. 4th class Nazare Marius from Constana, as well as
the death of the other 10 military personnel: Jianu Nicolae,
Antoche Ctlin-Viceniu, Florescu Cosmin, Guit Lavinia,
Rdoi Gheoghe-Ctlin, Cismau Florin-Claudiu, Chioveanu
Marius-Ctlin, Srman Constantin-Vldu, Papuc Bdu,
Ranghet Rzvan and Furtun Cosmin, deceased though
acute intoxication with carbon monoxide and because of the
fire.
The tearing of the fuel pipes and the cracking of the fuel
tanks from the upper wings upon hitting the ground led to the
combustion of the fuel, upon its contact with the hot parts of
the engine which generated the fire. Another possible cause
of originating the fire was the apparition of electric type or
electrostatic discharges produced in the electric aggregates
upon the impact with the ground. Most probably, the initiation
of the fire had in this case both sources. The amplitude and
violence of the fire demonstrates, for one side, the existence
on board of a great quantity of fuel, and on the other side
the braking of the fuel installation, simultaneously, in several
places.
The maximum weight admitted on taking off for this type
of place is of 5500 kg. The real weight of the plane AN-2
no. 53, on 05.07.2010, hours 17.41, was 5260 kg, of which
3300 kg represented by the weight of the empty plane, as
resulted from the weighting sheet, 221 kg the weight of the
crew, 1133 kg the weight of the passengers, and the rest
was given by the weight of the fuel, the lubricants and of the
materials on board.

As result of the catastrophe as of 05.07.2010, on


the airfield in Tuzla, the plane was destroyed in a 90%
proportion.
To be mentioned that the AN-2 type planes from the
endowment of the Romanian Air Forces are not endowed
with equipments for recording the flight parameters.
II. Causes for the production of the aerial catastrophe
The causes of the aviation catastrophes are multiple,
diverse and sometimes contradictory. Unfortunately, in most
of the cases, these are produced due to errors committed by
the air personnel. The international aviation statistics show
that the human factor (subjective) generates 60-70% from
the flight accidents and incidents.
We need to make the separation from the human error,
for one side, which may appear in the current exercising of
any profession or craft, out of different causes and under
certain conditions, errors which, generally, make the object
of certain administrative researches and may attract the
material or disciplinary liability of the author and the criminal
fault, on the other side, which has a different nature and is
sanctioned much severely. For example, when confronted
during the flight with a special case, the pilot has available
only a few seconds to select from a range of options,
the best of them, which would grant him/her the highest
degree of security, but sometimes, by error, his decision is
erroneous, and fails to remove all existing or potential perils.
The criminal guilt may be retained when the law expressly
bounds time pilot to a certain action or non action, which the
pilot ignores, considering groundless that the result socially
dangerous of his conduct will not produce.
As already underlined, the main cause that generated the
events consisted in the piloting error or the technical error
in the piloting technique. The pilot, as any human being,
under certain circumstances, may be overwhelmed by the
complex situation occurred on board (situation when he/she
simultaneously confronts with sonorous alarms, warning
bulbs, the planes instability, with indications received
automatically or radio conveyed, etc.), especially that, most
of the times, the best solution needs to be taken extremely
rapidly, out of a wide range, and the crews maneuvers need
to be performed in a rigorous succession.
Another subjective cause of the aviation accidents is
represented by the failure to observe certain flight rules

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

551

established through internal and international regulations, as


well as the failure to observe the indications transmitted by
the air traffic bodies, most of these deeds being incriminated
by the Air Code and by the Criminal Code, and others, of
less gravity, are contraventions.
The reading and erroneous interpreting of the indicators
of the flight instruments may sometimes represent a
source that generate mistakes, especially when the flight
is performed only after the board instruments and after
the dispositions received from the ground (the IFR flight
Instrumental Flight Rules).
Among the objective causes that lead to the production
of aviation accidents, the most recurrent are the technical
malfunctions and the unfavorable weather conditions. The
installations perfected on ground and the equipment on the
board of the modern planes make that the flight be possible
during both day and night time, almost in any weather
condition.
The plane is a complex micro-factory and the equipments,
devices, installations and systems composing it may
sometimes to malfunction.
On the other side, in the atmosphere, different
meteorological phenomena are produced; some of them
different from the ones taking place at the surface of the

552

ground and that may endanger the security of the flight. The
most dangerous are the storms, the abundant rains, the
icing, the fog, the vertical air streams and thunderstorms.
Last on the list of the causes of flight accidents and
incidents are the plane crashes in the air or on land and the
acts of terrorism.
Most of the times, the origin of the aviation accidents lies
not only in one, but in several causes and favoring factors,
which mingle and condition each other, human factors
(subjective) and the objective (natural) ones interconnecting
and influencing each other in an atypical algorithm, in an
individual-machine-environment matrix, in which the man is
the weakest ring of the chain.
What interests me especially, from the point of view of the
criminal research, is to establish a determining or favoring
role of the human factor in the occurrence of the aviation
accident or incident, of the nature of the deeds committed
through action or non action by the ones in relation to the
plane destroyed or with the flight that interrupted tragically,
the identification of the guilty ones and their criminal
accountability.
As relation to the determining causes and the conditions
that favored the aviation accident from Tuzla, the object
hereof, from the analysis of the objective weather conditions

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(weather maps on the ground, the vertical structure of the


atmosphere, radar and satellite) from the lapse of time
17.00-18.00 of the day of 05.07.2010, as well as from the
statements of the eye witnesses and of the persons involved
in the development of the flight activity during the reference
period, that in the area of the airfield no weather conditions
were produced so as to affect the aeronautical safety.
Consequently, from the multitude of causes that could
have led to the producing of the aviation catastrophe or
which could have favored it, we can certainly exclude the
weather conditions.
In order to establish the manner of operation of the chain
of flight commands of the plane AN-2, no. 53, the information
supplied by the surviving pilot were used, as well as the
ones obtained from the analysis of the remaining parts of
the wreck, materialized in the technical-scientific report
ordered for this case.
According to the findings from the technical-scientific
report, in the chain of the longitudinal control, on the posterior
part of the fuselage, the control forces for the changing of
the depth rudder angle (mobile control surface, located in
the tail of the plane, that ensures its lifting or descending),
transmitted through cables, are taken over by a steering
control, that triggers the depth rudder by means of an

articulated rod and a lever joint to the depth rudder.


In the investigation performed over the wreck of the
plane, it was noted that the posterior part of the control lever,
namely the part that connects with the control articulated
rod, cracked and then was destroyed in the fire by burning/
melting. The end of the articulated rod, which was articulated
with the part cracked by the lever, although affected by the
fire, remained whole, being built of steel.
In order to determine the causes that led to the braking
in service of the mentioned control lever, the latter, that of
the longitudinal control which was discovered broken at the
wreck scene, together with a witness lever taken from a plane
with expired resource, were sent, for a complex physicalchemical analysis, to S.C. IMA METAV S.A. Bucharest, as
specialized institution in aviation materials.
In the final part of the report is concluded that the
gradual manner of overheating, recorded a maximum level
in the mounting hole area of the contact part, suggests as
its possible cause the producing of an electric discharge
between the part made of Aluminum alloy and the entirety
the mounting screw the contact part, during the operation
time. It is probably, as well, that the cracks created in the
mass of the part to have been propagated until the change
of thickness of the wall, were the braking produced.

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553

In other words, the chain of parts that were transmitting


the movement of the operating lever, pulled by pilots,
from these to the mobile surfaces of wings and horizontal
empennage (composed of the fixed horizontal fin and the
depth rudder mobile part), placed in the posterior part of
the plane, an intermediary piece called a rocker arm failed
and broke, following the premature wear and tear through
the overheating produced by the over electrostatic loading
and electric discharges.
The braking of the depth rudders drive leads to the
impossibility of introducing the plane in diving or cabrage
due to the inefficiency of the operating lever in depth, the
depth rudder being driven, under these circumstances, only
by the air cloughs.
Based on the data supplied by the technical and
physical-chemical findings performed, corroborated
with the evidence material administrated in the case,
one can remake the evolution in the process of the
AN-2 no. 53 planes taking off, which passed, from the
technical and aerodynamic point of view, through the
following stages:
a) with its engine on maximum speed, the plane started
to move for the take off. The speed started to increase
constantly until a value in which both in the planes wing
as well as on the horizontal empennage appeared lifting
powers. In this stage of the take off, in which the aerodynamic
force is still negligible, the plane is in stable longitudinal
equilibrium;
b) hauling on the tarmac with its engine at maximum
speed, the plane reached the speed necessary for the creation
of an aerodynamic force on the horizontal empennage,
allowing by command (by pushing the operating lever) to
lift the posterior part of the fuselage. The value of the lifting
power on the wing increased, but it was still smaller than the
planes weight. A reaction from the ground is received only
through the main legs. The cabrage moment created by the
lifting power, as compared to the planes center of gravity,
is smaller and in contrary direction to the moment created
by the lifting power of the horizontal empennage. The report
between these moments is controlled by pilots through the
longitudinal control of the plane.
The engines available power, in that stage, at maximum
speed, allowed the generation of a more reduced speed as
compared to the optimal speed that could make possible
a flight under safety conditions. The plane was still stable

554

longitudinally and hauled on two points, after which took off


entirely from the ground and entered in level flight;
c) in the level flight the plane reached a speed that
allowed the creation of an lifting power (a carrying force)
bigger than the weight, so that the flight became possible.
The evolution took place at small height (2-3 m to the
ground), with the purpose of increasing the speed. The
cabrage moment is equal and of opposed direction to the
moment of the horizontal empennage, the report among
them being controlled by the pilots through the planes
longitudinal command.
The planes center of gravity was placed between the
pressure center of the wing and the neutral point, the plane
being in a stable longitudinal equilibrium, for a very short
period of time (approx. two seconds).
The flight in this stage developed for a period abnormally
short of time (approx. two seconds, as mentioned), instead
of ten seconds. This is the moment in which the disturbing
factor, which intervened, led to the apparition of an
accentuated cabrage and impossible to control;
d) the turbulence appeared during the flight on the level
flight led to the apparition of a moment of powerful cabrage,
unnatural for that stage of the flight. As an immediate
consequence, the incidence angle of the profile grew, up to
almost the critical incidence, implicitly increasing the carrying
power. Once with the carrying force growth also the cabrage
moment grew suddenly, exceeding in value the maximum
moment that could have been created by the carrying force
of the horizontal empennage.
At the same time an implicit aerodynamic phenomenon
produced: in the considerable pitching angle of the plane, of
200-300, the pressure center of the wing moved onwards
on the medium aerodynamic cord, widening the inequality
towards the center of gravity, the latter reaching the back
of the neutral point. This was the necessary and sufficient
condition for the plane to pass into irreversible unstable
equilibrium from the point of view of the longitudinal
stability.
During this stage the plane entered into the 2nd regime
of flight (unstable) and is assessed that the braking of the
longitudinal drive produced, as result of the excessive effort
exercised by the pilots on drives, in the attempt to come
again to a normal evolution and to redress the plane;
e) after entering into the 2nd regime of flight, the planes
speed began to decrease considerably, as a consequence
for one side of the engines haulage, which could not face

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

anymore the planes weight in that position, and on the


other side the considerable decrease of the carrying power,
caused by the stall-dive, placed at an angle of incidence
bigger than the critical incidence (starting which the plane
cannot be controlled by the crew).
At the same time, as a consequence of the widening of
the pitching and incidence angle, which at this stage reached
600-700, the pressure center of the wing continued to move
onwards on the medium aerodynamic cord, the distance
between the latter and the center of gravity becoming
bigger and that the state of unstable longitudinal equilibrium
accentuated, without any possibility of recovery.
At this point already, the curve of the power necessary
was way over the turning of the engines available power,
even if at maximum speed, that is the flight was no longer
possible. The planes speed decreased under the limit of
maintaining the plane in the air, at the same time with the
almost total loss of the carrying power.
The absence of the carrying power, combined with the
tear of the longitudinal control and the lack of sufficient height
for maneuver, left the pilots without solutions to maneuver
the plane.
The diving orders given by both pilots had no effect
anymore, for one hand due to the tear of the rocker arm
from the chain of the longitudinal command, and on the
other hand, in the 2nd regime of flight, the effect of orders
on longitudinal plan is inverted under the conditions of a
constant maintenance of the engines regime (in order to
perform the diving, the operating lever needs to be pulled,
and for the cabrage, the operating lever is pushed
abnormal maneuvers, contrary to the ones learned by pilots
during trainings);
f) the plane got to a height of approx. 40 meters, with a
deviation rightwards as compared to the axis of the tarmac,
deviation caused by the side wind, at the same time with the
decrease of speed up to a value close to 0 km/h. From this
height, the plane leaned on the right side, starting to lose
height. A leaning towards the left side followed, as effect
of driving the commands by the first pilot, in an attempt
to recover the planes equilibrium towards the taking off
direction. Then, once with the loss of height, the plane
recovered from cabrage and leaning in an approximately
horizontal position. At the same time with these recoveries,
a suppressed fall took place. The crash produced on an
almost horizontal position, the plane being slightly leaned
rightwards, with an estimated vertical speed of approx. 6080 km/h (22-25 m/s) and an overload n 20.
The unnatural evolution of the plane in the process
of taking off could have been determined, according to
the specialists opinion, also by the two pairs of flaps
asymmetrically steered (the flaps are mobile surfaces of the
wing, with the role of increasing the carrying force of the
plane when taking off and when landing, when the speed is
small and inefficient for the stability of the flight).
For the planes of AN-2 type, the board indication of
the flaps position is scarce, because, constructively, the
indicator of the flaps position receives a signal from a single
measuring head, placed only on the flap of the superior
plan. In other words, on board is indicated really only the
position of the superior flaps. The commanding pilot may
visualize the left part of the position of the upper and lower
flaps, the co-pilot may visualize the right part of the position
of the upper and lower flaps, but, procedurally, the crews
check-list does not provide the compulsory visual check of
the position of both sections of the flaps.
The deflection of the control surface only of the upper
flaps may create a cabrage moment, and that of the lower
flaps, a diving moment. The absence of the deflection of the

control surface (or the incomplete deflection of the control


surface) of the lower section of the flaps generates a cabrage
moment sufficiently powerful as to be not compensated by
the longitudinal command surfaces, in the conditions of a
big load and a locating close to the limit values.
In conclusion, considering all the above mentioned,
established based on the aviation specialists findings,
corroborated with the data and information resulted from the
gathering of the other means of evidence, one may draw
the most probable conclusion that the most probable cause
of the aviation catastrophe as of 05.07.2010, hours 17.41,
which took place at the Tuzla airfield, Constana county,
with the military plane of type AN-2, no. 53, belonging to
the Ministry of National Defense, from which resulted the
violent death of 12 military personnel, the grievous bodily
harm of 2 persons and the total destruction of the plane is
the not commended entry of the plane into the unstable flight
regime, as result of a material default, by breaking the rocker
arm from the chain of the longitudinal command, favored by
the balance and the load close to the exploitation limits. It
is possible for the not commended entry of the plane into
the unstable flight regime might have been the result of a
malfunction of the lower flaps.
These causes of technical type, in the aviation language
called also material failures, could have determined each
of them, the cabrage angle bigger and bigger of the plane,
previous to its crash.
Objectively, the weight and balance, connected and close
to the maximum admitted limits for that type of plane, even
if they did not have a determinant role, by their cumulated
action were created sufficient and necessary conditions for
the increase of the determinant factors and that is why they
were recorded as favoring factors.
Due to the cracks identified in the body of the rocker arm,
its tear, as result of the premature wear and tear through
the overheating produced by the excessive electrostatic
loading and the electric discharges that this electric overload
generated, could have intervene at any time the mentioned
favoring conditions had been met. Sooner or later, this part
within of the empennage, which ensures the continuity of
the chain of commands and which is not subject to the
periodical and visual control and does not belong to the
category of expendables (the resource of that part being
given for the entire exploitation duration of the plane), would
have cracked.
The crew could not have foreseen the existence of
the technical malfunction (material failures) in order to
foresee, diminish or annihilate the apparition of the favoring
factors, and his actions have been in accordance with the
circumstances and the manner in which the plane evolved
after the take off, being these incidents provided by the
dispositions of art. 47 from the Criminal Code related to
fortuitous cases.
III. Considering the above mentioned, the fact that
the aviation accident as of 05.07.2010, hours 17.41, from
the Tuzla Airfield, Constana county, with the military
plane of AN-2 type, no. 53, of which resulted the violent
death of 12 military personnel, the grievous bodily injury
of 2 persons and the total destruction of the airplane,
produced due to some technical malfunctions (material
failures), that could not have been foreseen, by virtue
of art. 228, para. 4 and 6, with reference to art. 10, letter
e from the Criminal Procedure Code, with relation to
art. 47 (the fortuitous case) from the Criminal Code,
was disposed the decision not to initiate proceedings
in the cause.

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555

THEORETICAL CONSIDERATIONS
REGARDING THE JUDICIARY EXPERTISE
CONSIDERAII TEORETICE
PRIVIND EXPERTIZA JUDICIAR
Univ. Prof. habilitated in Law MIHAIL GHEORGHI, PhD
The International Free University from Moldova
Abstract
The article presents the concept of a new branch of law - theory of forensic analysis,
which is also called forensic expertology. The proposal stirred great interest among
forensic experts, but it also raised some doubts. We support this proposal and present it to
the reader for further consideration.
Key words: forensic examination, forensic science report, forensic expertology.
Rezumat
n acest articol este prezentat concepia unei noi ramuri a dreptului- teoria expertizei
judiciare, care a primit i denumirea de expertologie judiciar. Aceast propunere a trezit
un mare interes n rndurile criminalitilor, dar a strnit i anumite ndoieli. Noi ne aliniem
la propunerea dat i o prezentm cititorului spre meditaie.
Cuvinte cheie: expertiza, expertiza criminalistic, expertologie judiciar.

The adopting of the new procedural-criminal legislation


of the Republic of Moldova has extended considerably the
possibilities of using the special knowledge of judiciary
procedure, not only as judiciary expertise, but also as
technical-scientific and forensic investigations which,
in compliance with art. of the Law of the Republic of
Moldova no. 1086 as of the 23rd of June 2000, with its
subsequent amendments, from the 31st of December
2005, have equivalent juridical power. Not by chance, in
art. 93 paragraph II, CPC of the Republic of Moldova both
the experts report, as well as the report of the technicalscientific and medico-legal expertise are recognized
in capacity of equal evidence in the criminal judiciary
procedure.
By appealing to special knowledge, in capacity of one
of the types of evidence, the law maker underlines their
importance and their necessity during the discovery and
investigation of the criminal offences, and this fact, at its turn,
made the researchers, forensic investigators and specialists in
the criminal procedure to answer to the concrete necessities
of the practice, by creating of a new branch of law the theory
of forensic expertise.
The idea of elaborating the forensic expertise theory, as it
was rightfully remarked by the researcher T. Averianova, has
its origins in the concept of the theory of forensic expertise,
that was launched at the end of the 50s by a series of forensic
investigators and specialists in the criminal procedure (A.
Dulov, A. Vinberg, I. Koruhov, A. Sleahov, A. Eisman, s.a.).
This idea was expressed more clearly by A. Sleahov, who was
writing: The theory of the forensic report needs to be treated
separately from the general course of Forensic Science. The
methodology of the forensic expertise needs to be separated
from the tactics of the research. The necessity of such a
decision was felt for a long time; it is already accomplishing.
Nevertheless, we need to add that this suggestion, considered,
naturally, as an attempt to disunite the forensic science, initially
was rejected by the majority of the forensic investigators

556

At the beginning of the 60s, the concept of the theory


regarding the forensic report was followed by very few people.
For example, A. Sleahov in his work The Organization and
Performance of the Forensic Report in the U.S.S.R. defined
this theory as the science that deals with the elaboration of
the methods to discover, fixate and research the material
evidence with the purpose of establishing the essential
characteristics and to identify individuals, animals, objects and
substances in connection to the research and examination of
criminal and civil (trials) files.
A. Vinberg was writing on this topic: for the evolution of
the forensic report it is necessary the scientific elaboration of
its general theory. As a basis for its scientific elaboration serve
considerably the technical and natural sciences. Of course,
these sciences do not offer principles (bases, theses) already
elaborated with sufficient details for the purposes of the
forensic investigators report. That is why, such a department of
the forensic science appeared, that of the forensic expertise.
The researcher presented the idea of elaborating a general
science on the judiciary expertise, which contains that very
common part that reunites all types and genres of judiciary
expertise.
With the publishing, in the year 1973, of the study signed
by A. Vinberg and N. Malahovskaia Forensic Expertology a
new Branch of Science, the idea of the theory of the forensic
expertise was continued. The basic principles (theses)
presented in this study were: the forensic expertology follows
to be constituted as a science on the laws and methodologies
of forming and developing the forensic experts, the legalities of
the investigation of their objects of study, accomplished based
on special knowledge, taken over from the basic sciences (the
mother-sciences) and transformed by means of the compared
forensic expertise in a system of scientific processes, methods,
means and methodologies for solving the tasks put before the
forensic reports, elaborated within the limits of the judiciary
regulations and within those organizational forms that ensure
the evidentiary importance of the reports drawn up by judiciary
experts within the judiciary criminal and civil procedure.

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The expertise, as T. Averianova observes with good


reason, is linked in two ways (under two aspects) to the
knowledge that fundaments it: either by direct connection,
without intermediary rings, either by means of the judiciary
science, which represents the modified data of the basic
science (mother science). The forensic expertology system
consists of two parts. In the first one, which is general,
theoretical, the object of this science is examined its laws,
the methodology of formatting and developing the forensic
reports, their place in the system of the scientific knowledge,
the judiciary and organizational fundaments of expertology
and other questions. In the second part, it has to relate to
the types and essence of the forensic reports in capacity of
elements within the whole system of expertology.
The suggestion made by the researchers A. Vinberg
and N. Malahovskaia raised interest, but, naturally, gave
birth to different reactions. Thus, S. Mitricev, considered this
suggestion to be premature, that it is more reasonable to start
with the study of the legalities of the forensic report, and only
after that to examine the question related to the independent
science. G. Granovskii remarked that in this concept, many of
them are only drawn, and the denomination in itself of the new
science it is not very well thought.
In 1974, A. Sleahov presented before the scientific
opinion his vision related to the science (theory, doctrine) on
the forensic expertise (he called it the theory of the forensic
expertise). According to its definition, the theory of forensic
expertise represents a system of knowledge regarding the
legalities, methods based on these, applied in different types
of expertises in the case of solving the tasks regarding the
investigation of certain objects.
Apart of other aspects, he introduced in this system of
knowledge his vision on the procedural bases of the expertise,
the doctrine (science) on the system, structure and the
management of the forensic institutions of expertise, their
functions, the scientific organization of the labor, the history
of the development of the forensic expertise in U.S.S.R.,
the doctrine (science) on the organization of the scientific
investigations on the issued related to the forensic expertise,
the practical application of the results of the scientific
investigation work (LCS) and on their forms of implementation
in the expertise, investigation and forensic expertise.
In the second part of the doctrine (theory, science),
regarding the forensic expertise it was provided the examination
of the general provisions of the theory and methodology of the
forensic expertise, including the theory (science, doctrine) on
the methods of the expertise investigation, the theory on the
structure and content of the report presented by the forensic
expert and, last, the use of the forensic expertise in the process
of bringing evidence on the criminal file and on the prevention
of the criminal offences.
In 1976, A. Vinberg and N. Malahovskaia presented
a new work, which contained some concrete elements of
their concept related to expertology. They were underlining
that certain types of expertise are based not on the forensic
sciences, but on methodological subject matters, which do
not alter the data of the mother-sciences, but only collect
and select those information from these sciences, that are
necessary for the elaboration of the expertise methodology
for this type. As example, they reminded of the accountingforensic expertise and the auto-technical one.
Acknowledging, in principle, the legality of approaching
the question related to the theory of judiciary expertise, R.
Belkin exposed a series of objections against the vision of the
researches A. Vinberg and A. Malahovskaia and, at the same
time, of the vision presented by A. Sleahov.
R. Belkin mentioned that this theory cannot include the
juridical bases, neither the organizational ones of the expertise
activity. The first ones are elaborated by the procedural science,

because the expertise is an institution of procedural law. The


organizational bases constitute the object of the science,
which deals with the management and its department, which
deals with the organization of work.
The history and tendencies of developing the forensic
expertise, wrote Belkin, as procedural institution, refer to the
history of the procedural law, as an element contained of the
historic science over state and law, to the history of developing
the scientific conceptions on expertise, on the contents of the
history of the science of law
The organization of the scientific researches in relation to
the problems of expertise, the accomplishing and putting into
practice of their outcomes, of which A. Sleahov writes, as on
elements of the theory of expertise, in our opinion, at the same
time, do not take into consideration the theory of expertise.
This is an issue of the theory of science and especially of the
science of leading and they follow to be elaborated within this
field of science.
By resuming the observations made, R. Belkin concludes
that a condition of the existence of the theory on the forensic
expertise is the underlining in capacity of object of that
common whole that unites, under methodological and methodic
aspect, all genres of expertises and it is not an object of other
sciences, without <attempting> to what is distinct, studied
by the proper sciences, which, at the same time, follow the
forensic procedure.
In 1979 was published the workbook elaborated by A.
Vinberg and N. Malahovskaia The Forensic Expertology
(general and methodic theoretical issues of the forensic
expertise. This book, establishing a wide circle of issues
and principles (theses) that follow to be elaborated and
systematized within the general theory of the forensic
expertise, constituted, without doubt, a stage in the evolution
of the concepts on the theory of the forensic expertise.
Using a series of cases, in capacity of synonyms, terms
the general theory of the forensic expertise and the forensic
expertology, the authors considered that, in the composition
of this theory, enter: the morphological conception (science,
theory) related to symptoms, the characteristics and signs
(descriptions) of the object investigated; the vision on the
forensic substantiality; the vision on the methods of the
sciences in the forensic expertises; the vision on the structure
of connections and relations; the common issue of solving
the tasks related to expertise; the issue of the informational
expertise funds; the issue of the complex expertise research.
By listing the mentioned elements of expertology, the authors
conclude with the following: In the forensic expertology, the
vision (theory, science) follows to be developed, regarding the
objects of the forensic expertises, the judiciary identification,
the methods of the expertise research, regarding the diagnosis
and situations within the expertise, etc.
If, in the beginning, there were no clear distinctions
between the concepts proposed by A. Vinberg and N.
Malahovskaia, for one side, and A. Sleahov, on the other side,
there were no principal differentiations; they appeared later on
in those definitions that appear in the Dictionary of the basic
terms of the forensic expertises. Thus, as per the definition
given by A. Sleahov, the general theory of the forensic
expertise represents a system of knowledge regarding the
expertise investigations (the experts activity), their purposes,
the competences of certain genres, types and subtypes of
investigations, objects of the expertise investigations, methods
applied by experts.
According to the definition given by A. Vinberg, the forensic
expertology is a branch of the legal science , that studies
the legality, methodology and the process of forming and
development of the scientific bases of the forensic expertises
and, at the same time, it researches their objects.

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In the first definition, the object of the theory is the practical


activity of expertise and how exactly and in what manner it
has to do with it; in the second case what exactly leads to
this activity, what determines its formation and development.
Under methodological aspect, the definition of A. Vinberg
reflects more exactly the object of the theory, but this object
shows somehow compressed in comparison with the definition
given by A. Sleahov.
As underlined with good reason by T. Averianova,
revealing the ontological significance of the <expertology>
term, we must draw the attention of the fact that, in direct
interpretation, this is a research, a doctrine, a science
(logos) on the expertise. More precisely, we should call it
expertisology, but such a denomination, as the expertology
as well, according to the simplicity and accessibility of the
understanding, gives in before the term <the general theory of
the forensic expertise>.
Admitting the merit of the scientific contribution of the
authors of the Forensic expertology, we need, nevertheless,
to admit that they took only the first step in creating the
general theory of the forensic expertise, they established only
approximately its basic principles. During this period, the main
issue was to defend the right to independence of this field
of scientific knowledge, which systematizes and studies the
issues of the judiciary expertise. From this point of view, the
authors, without question, have stood up to the task.
A. Sleahov was perfectly right when, revealing the content
of the notion of judiciary expertology, mentioned that the
scientific systematization of the questions included in this
notion will lead to the creation of general scientific bases or
the general of the judiciary expertises.
The situation created in the 70 of the past century was
qualified by A. Sleahov as a correlation between the evolution
of the particular theories of the forensic expertise and its
general theory: The integration of the knowledge in the
natural, technical and legal sciences, led to the constitution of
such sciences as forensic science, forensic medicine, forensic
psychiatry, forensic psychology, judiciary accounting. In the
future, probably, we shall reach the creation of the judiciary
auto-technique, the forensic biology, etc. Precisely these are
the particular theories of the forensic expertises; they serve
as methodical-scientific basis in the expertise activity. At the
same time, as a consequence of the theoretical investigations,
the generalization of the experience of several years of the
judiciary expertises, lately form the bases of the general
theory of the forensic expertises. The report between these
and the particular theories is at the same time between the
general theories of the law and certain branches of the legal
science.
Without referring to the treatment by A. Sleahov of the
notion, the content and the volume of the particular theories
of the forensic expertise, we need to say that we share
his affirmation according to which, at a certain stage of
development of the expertise (first of all of the forensics),
started to constitute the bases of the general theory of the
forensic expertise as a reflection of the process of clear
intensification of the phenomena of integration and extension
of the classification apparatus of forensics. The logical
theoretization of the knowledge process took place that is the
change of the report between the scientific empiricism and
theory, the raising of the level of abstraction of the scientific
knowledge.
As to the application to the theoretical bases of the
forensic expertise, A. Eisman was writing: The rapid evolution
of the means of forensic expertise and a much more intense
development, that supersedes the development of the scientific
researches in this field, are well known facts. While the increase
of the volume of knowledge, their internal differentiation, the
numerical increase of the scientific professors, the complication

558

of the process of scientific management of the system that


generates inevitably the tendency of organized separation of
that department of science. In what direction will move this
process further on? Will it lead to the total separation of the
theory (doctrine, science) about the forensic expertise, as
science separated of the other party of forensics, with the
apparition of the training system for specialists, professors, the
formation of a different specialty, fixed in the general accepted
scientific classification? In our opinion, the separation process
is already close to its completion and will not lead to the total
separation of the theory (doctrine, science) regarding the
forensic expertise from forensic science.
In essence, A. Einsman pronounced also against the
formation of the general theory of forensic expertise in capacity
of independent branch of the science. Having the speech at a
conference dedicated to the discussion on the book signed by
A. Vinberg and N. Malahovskaia, he spoke of the fact that it is
difficult to form a science that would exist next and at the same
level with the forensic science and the criminal process. The
expertology follows to be examined as a wider department
and in continuous evolution of forensic science, named the
theory (science, doctrine) on forensic expertise.
V. Mitricev, agreeing generally with the necessity to
elaborate the scientific bases of expertology, at the same time
considered that the expertology needs to examine not only the
issued connected to the forensic activity, but as well the activity
of the non-forensic institutions and, in his opinion, its basic
task consist in elaborating the practical recommendations
regarding the accomplishment of the activity of expertization
under the conditions of the judiciary procedure in relation to
the criminal and civil processes.
A positive opinion in relation to the forensic expertology
presented by A. Vinberg and N. Malahovskaia, had the
researcher I. Luzghin, who accepted all theoretical arguments
given by the authors of the book.
A. Sleahov, who had the idea of the science on the
forensic expertise, limited during this time to giving speeches
on the essence and role of the general theory of forensic
expertise. Thus, he remarked that in order to elucidate the
structure of science on the forensic expertises it is important
to distinguish the aspects mutually linked: the ontological one,
the methodological, of law, of management and of studies,
neither of them having no priority.
The first aspect that is necessary to be studied in
relation to the function of prognostication any science. The
methodological bases of the forensic expertise represent
the accomplishment of the theory of knowledge, dialectics
and logics in their unity, with the purpose of elaborating the
theoretical-cognitive bases of the expertise research, the
formation of the scientific basis and the creation of theories
and methodologies of different forensic expertises.
The law bases constitute not only the data of the
procedural sciences, but also the systems of the actual norms
that regulate the organization and development of the forensic
expertises in the criminal and civil procedure.
In the following years the general theory of the forensic
expertise developed towards two directions. The first of these
needs to be admitted in the elaboration of the conceptual
bases of this theory, of the concepts that constituted it, such as,
e.g. the concept on the methods of forensic expertises or the
concept on the expertization prophylaxis. The second direction
that needs to be taken into consideration is the elaboration
of the theories that have methodological importance for the
concept of forensic expertise. We mention here the works
signed by I. Koruhov and V. Snetkov regarding the theory of
forensic diagnosis, a series of works signed by I. Orlov, V.
Orlova, L. Edjubova a.s.o.
In the opinion of the researcher T. Averianova, the
contemporary stage of the evolution of the general theory

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

of forensic expertise represents the stage of constituting it


as independent field of science, which is called to serve as
fundamental right for the formation of theoretical bases of
different genres and types of the forensic expertise.
The general theory of the forensic expertise is
not only a sum, a result of generalizing the theoretical
doctrines that existed previously in this field. This is a
new theory. As any newly-created theory, it needs to meet
certain requirements, which in the theory of knowledge is
formulated as following:
1) The logical intermediated confirmation, through
which it is understood that, at the theory level, it is not only
systematized, but also, with a certain exactness, the future
state of the studied system can be foretold;
2) The degree of confirmation the presence at the level
of theory of a description exact enough of the objective reality
based on a certain fundament of the theory (initial assumptions,
principles, axioms);
3) The logical conclusion, through which it is understood the
establishment at the level of theory of the rational connections
between the components of the theory and the logical passing
to the effects (conclusions) of the theory;
4) The interpretable character, when at the level of theory
all knowledge on the reality have explanations within the
theory, is classified in it;
5) The non-contradictory character, when the harmonious
bonding of all elements of the theory is reached.
There are all premises to consider that the theory of the
forensic expertise, already at the stage of its constitution,
satisfies all these requirements. The evolution of the
knowledge related to the forensic expertise based on the
theoretical provisions and expertization practices conditioned
the apparition of the necessary premises for a qualitative new
stage of knowledge in this field of activity. These premises
have empiricist and theoretical character.
The valuable empiricist material accumulated in the
practical activity to perform different genres and types of
forensic expertises, the prodigious activity of the forensic
expertise institutions regarding the improvement of this practice,
the extension of possibilities that offer the forensic expertises,
the increase of the degree of efficiency, the systematic
generalization of the results of the expertise activity, next to
their analysis, - all these have represented those empiricist
premises of constitution of the theory of forensic theory, which
allowed a new appreciation of the theoretical doctrines that
stood at the basis of the practical expertise activity.
The evolution of the forensic expertise is linked to the
accumulation of the empiricist data, once with the increase of
the number of scientific discoveries, the permanent change
of different hypotheses, the deepening and concretization of
the scientific theories. The fight between different theories, the
confrontation of contradictory hypotheses represent premises
for the change in continuation of the scientific knowledge and,
last for its advance towards the truth.
The hypothesis, based on a certain totality of data (facts),
offers the researchers the possibility to check it into practice,
in a way, opens the path for the development of science. At
the same time, as opposed to the hypothesis, the theory is
examined as form of genuine knowledge, confirmed and
based on empiricist materials. It is a genuine knowledge,
a verified one, which expresses the objective, already
established truth.
The scientific knowledge, which is expressed in a superior
form of the theory, constitute a systemic study, and the
systematized frame is one of the basic traits of the scientific
theory. Yet, the theory considers A. Aliev needs not only
to systematize and to reflect the accumulation of knowledge,
but also to ensure the subsequent finding of the material, the
selection of the new data (facts) in the mass of empiricist data,

that is to fulfill the role of controller in the process of scientific


research.
In our opinion, the above mentioned fully refer also to
the theory of forensic expertises. I. Aliev is completely right
when saying that the new types of expertises appeared during
the last years, such as the technical-explosive ones, the
technical-engineering forensic, the construction-engineering,
technical-incendiary, economical-planning type, ecological,
etc. confirmed, through the process of their constitution and
evolution, the accurateness and fruitful character of the idea
of creating the theory of forensic expertises.
As it is well known, the evolution of the forensic expertise
is linked to the accumulation of the empiricist data not only
in the very expertise, but in other sciences as well. The
processes of integration that are produced in the forensic
expertise are but the testimony of the domination of theoretical
synthesis, which is based on analysis and which includes
this analysis as a subordination element. The analysis and
synthesis of the data established by other sciences, their
theoretical acknowledgement and the adapting to the needs
of the forensic expertise constitute the objective basis of the
evolution of the forensic expertise both in the field of theory, as
well as in the field of the practical expertise theory.
This does not mean, nevertheless, that the data
accumulated by the very forensic expertise have a secondary
role in the evolution of the forensic expertise. Of course, they
have the leading role, yet without the integration of sciences,
both the legal as well as of the exact-technical sciences,
without their mutual contacts and interaction the creation of the
forensic expertise theory at this moment would be impossible,
such as it would be the settlement of a series of practical tasks
of the forensic expertise.
It is logical the fact that the theoretical premises of the
formation of the theory regarding the forensic expertise have
appeared as result of the action of the laws of the development
of science. The action of these laws led as well to the
accumulation of a considerable theoretical luggage in the field
of the different genres and types of forensic expertise, in the
elaboration of the theoretical interdisciplinary conceptions, of
distinct scientific branches in the field of the knowledge related
to the forensic expertise. The notions regarding the object
of the expertise were constituted; a detailed analysis was
given the tasks of investigating in the field of the expertise,
its methods etc. Such particular theories were developed
intensely, such as the theory of intensifying the expertise,
the theory of the expertise diagnosis, the graphological and
traceologic identification, the theory of expertise prophylaxis,
etc.
Mentioning that, during the last years, in all fields of the
forensic expertise, considerable successes were reached in
what concerns the elaboration of new methodologies, the
research, the scientist A. Dulov drew the attention over the
fact that the subsequent progress in this field is prevented by
the lack of the common theory of the forensic science, which
could allow the constitution of a distinct science the forensic
expertise.
A. Dulov considers that, in this respect, there is a series
of reasons (grounds), as the fields of the forensic expertise
are called to investigate an independent group of laws of the
objective world: the laws of forming the reflection processes.
Namely by researching the processes of reflecting the forensic
expertise as it brings a substantial contribution to the common
process of knowing the world.
The above mentioned facts allow us to draw the conclusion
regarding the logical apparition of hypothetical opinions (ideas,
representations) pertaining to the researchers A. Sleahov,
A. Vinberg, N. Malahovskaia, A. Dulov, I. Korulov and other
researchers in relation to the necessity of constituting, to the
content and structure of the general theory of the forensic

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

559

expertise. These opinions (representations, ideas) have found


their reflection in the Dictionary of the basic terms of the
forensic expertise, above mentioned, in which through the
general theory of the forensic expertise is understood a system
of knowledge related to the expertise activity, its purposes,
the competences of certain genres, types and subtypes of the
investigations linked to the expertise, their objects, methods
applied by experts and, at the same time, the legality of
constituting, development and operation of genres, types and
distinct subtypes of the expertise.
The analysis of the basic tendencies of the forensic
expertise development to the current stage allows us to
affirm that this scientific synthetic subject matter, on its way
to be constituted, it already has its own style of thinking,
which orients the knowledge of expertise over the more
complete knowledge of the object, over including the activity
of expertise into the category of scientific objects, over those
radical changes that currently produce not only in the practice
of expertise researches, but also in the constitution of the
general theory of the forensic expertise.
In other words, the creation of the general theory of the
forensic expertise became possible and necessary by virtue of
the empiricist and theoretical premises existing in the forensic
expertise, by virtue of the manifestation of the integrationist
processes, which determine currently the evolution of the
scientific theories and of the practical activity.
At the basis of the general theory of the forensic expertise
were used the forensic data, as science, which is the closest
to the general theory of the forensic expertise; the most
important notions were taken as basis, appropriate to the
analogical notions of the general theory of forensic science.
But the general theory of the forensic expertise is an
independent field of the scientific knowledge, and not a part
of the forensic science, as is considered for now by some
forensic investigators. The constitution of the general theory
of expertise did not determine the elimination from forensic
science of any part of it, e.g. the forensic technique.
We need to mention, nevertheless, that in forensic science
never existed and does not exist such a compartment, such
as the forensic expertise, a type of the practical activity of
expertise, which refer to the tactics of disposing the forensic
expertises. Generally, it is not touched by the creation of the
theory of the forensic expertise and remains an integrating part
of the forensic tactics. The forensic expertise was and remains
a compartment of the forensic technique, its provisions being
a part of the theoretical bases of the forensic expertise.
These theoretical bases, the theory of the forensic
expertise, as well as the theories of other genres and types of
the forensic expertise compose the content of the new science
the forensic expertise, of its general theory, which has its
own subject matter, objects, and methods of knowledge,
specific functions and tasks.
All the above mentioned allow us to conclude that the
formation of the general theory of the forensic expertise
constituted a necessity of nowadays, and under no
circumstance does not threatens the integrity of the forensic
science. We only need to imagine very clearly what is about in
this theory and, learning of its provisions, to put them later on,
unfailingly, and competently into practice.
Bibliography:
1 Averianova T.V., Sudebnaia experiza: kurs obcei teorii,
Moscow, Norma Publishing House, 2006, p. 15.
2 See: Dulov A.V., Vopros teorii sudebnoi expertiz vsovetskom
ugolovnom proesse, Minsk, 1959; Vinberg A.I., Kriminalisticeskaia
expertiza v sovetskom ugolovnom proesse; Vinberg A.I., Nasuine
vopros teorii i praktiki sudebnoi expertiz / Sovetskoe gosudarstvo
i pravo, 1961, nr. 6.
3 leahov A.R., Predmet, metod i sistema sovetskoi nauki
kriminalisticeskoi expertiz // Vopros kriminalistiki i sudebnoi

560

expertiz, Alma-Ata, 1959, p. 12-13.


4 leahov A.R., Organizaia i proizvodstvo kriminalisticeskoi
expertiz v SSSR //Tteoria i praktika kriminalisticeskoi expertiz,
Moscova, 1963, ed. 9-10, p. 19.
5 Vinberg A.I., Kriminalisticeskaia expertiza v sovetskom
ugolovnom proesse // Sovetskoe gosudarstvo i pravo, Moscova,
1961, p. 82.
6 Vinberg A.I., Nasuine vopros teorii i praktiki sudebnoi
expertiz // Sovetskoe gosudarstvo i pravo, Moscova, 1961, p. 82.
7 Vinberg A.I., Malahovskaia N.T., Sudebnaia expertologhia
novaia otrasli nauki // So. zakonnosti, Moscova, 1973, nr.11, p. 49.
8 Averianova T.V., Op. cit., p. 17-18.
9 Granovskii G.L., Sudebnaia expertologhia novaia
otraslinauki // Soialisticeskaia zakonnosti, 1974, nr. 8, p. 59-60.
10 leahov A.R., Problem klassifi kaii v kriminalisticeskoi
expertize i eio prakticeskoe znacenie // Pravove i metodologhiceskie
problem sudebnoi expertiz, Moscova,1974, p. 4.
11 Vinberg A.I., Malahovskaia N.T., O zakonomernosti naucinh
osnov sudebnh expertiz // Soialisticeskaia zakonnosti, 1976, nr.
1, p. 62-64.
12 Belkin R.C., Kurs kriminalistiki, Moscova, 1997, tom. 2, p. 306.
13 Ibidem, p. 308.
14 Vinberg A.I., Malahovskaia N.T., Sudebnaia expertologhia
(obceteoreticeskie i metodiceskie problem sudebnh expertiz),
Volgograd, 1979, p. 50.
15 Slovari osnovnh terminov sudebnh expertiz,
Moscova,1980, p. 51.
16 Ibidem, p. 76.
17 Averianova T.V., Op. cit, p. 23.
18 Vezi: leahov A.R., O svoistvah obiektov i ih otobrajeniah,
izuceaemh sudebnmi expertami // Aktualine problem teorii
sudebnoi expertiz. Moscova, 1984, p. 38.
19 leahov A. R., Predmet i sistema kriminalisticeskoi expertiz
// Trud VNIISE, Moscova, 1971, p. 32-33.
20 Sovetskaia kriminalistika. Teoreticeskie problem. Collective
of authors, Moscow, 1978, p. 54.
21 See: S tribun citateliskoi konferenii // Teoreticeskie vopros
sudebnoi expertiz, Moscova, 1981, p. 185.
22 Vezi: Mitricev V. S., Sudebnaia expertiza i smejne otrasli
naucinogo znania. Problem obcei i ceastnoi expertologhii v
sveazi s sudebno-expertnoi deiatelinostiu // Expertne zadaci iputi
ih reenia v svete NTP, Moscova, 1980. Ed. 42.
23 Vezi: S tribun citateliskoi konferenii, op. cit., p. 179
24 leahov A.R., O naucinh osnovah sudebnh expertiz//
Aktualine problem teorii i praktiki kriminalistiki i sudebnoi expertiz,
Moscova, 1978, p. 5-6.
25 Aliev I.A., Averianova T.V., Koneptualine osnov obcei
teorii sudebnoi expertiz; Bcikova S.F., Stanovlenie i tendenii
razvitia nauki o sudebnoi expertize, Alma-At, 1994.
26 Koruhov I.G., Trasologhiceskaia diagnostika, Moscova,1983;
Snetkov B.A., Problem kriminalisticeskoi diagnostiki // Trud VNII
MVD SSSR, Moscova, 1972; Koruhov I.G., Kriminalisticskaia
diagnostika v deiatelinosti expertnokriminalisticeskih podrazdelenii
MVD Rossii po primeneniu expertno-kriminalisticskih metodov
i sredstv, Moscova, 1998; Koruhov I.G., Kriminalisticeskaia
diagnostika pri rassledovanii prestuplenii, Moscova, 1998.
27 Averianova T.V., Op. cit., p. 27.
28 Vezi: Materialisticeskaia dialektika. Vol. 2: Subiektivnaia
dialektika, Moscova, 1982, p. 187.
29 Kedrov B.M., Ogurov A.P., Marksistskaia konepia istorii
estestvoznania XIX vek, Moscova, 1978, p. 205.
30 Aliev I.A., Averianova T.V., Koneptualine osnov obcei
teorii sudebnoi expertiz, Baku, 1992, p. 23.
31 Vezi: Kopnin P.V., Dialektika kak loghika, Kiev, 1961, p.379.
32 Dulov A.V., K formirovaniu nauki sudebnaia expertiza //
Aktualine problem sudebnoi expertiz i kriminalistiki, Kiev,1993,
p. 57.
33 Ibidem, p. 57-58.
34 Vezi: Aliev I.A., Averianova T.V., Koneptualine osnovobcei
teorii sudebnoi expertiz, Baku, 1992, p. 28.

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

ROADE ACCIDENT WITH THE VICTIMS


DECAPITATION, FOLLOWED BY LEAVING
THE CRIME SCENE
ACCIDENT RUTIER CU DECAPITAREA VICTIMEI,
URMAT DE PRSIREA LOCULUI FAPTEI
Police Inspector IONUT-VALENTIN NICULACHE
Chief Deputy Police Agent DAN DUMBRAVA
Forensic Science Service of Tulcea Police Inspectorate
Abstract
The road accidents are among the main three causes of decease after the cardio vascular
illnesses and neoplasm. In the majority of the developed countries the mortality through road traffic
accidents affects mainly the young groups of population.
The crime scene investigation of the road accidents with the offender leaving the crime scene,
represents one of the most important acts of criminal prosecution, with immediate and necessity
character, the solving of the case depending on the manner it is performed.
Due to its specificity, even though it is subject to the general forensic tactic rules which can be
encountered, in one form or another, throughout the entire methodology of investigating the road
events.
Key words: the crime scene investigation; the composition of the investigation team; judiciary
photos, leaving the crime scene; the performance of the microscopy.
Rezumat
Accidentele de circulaie figureaz printre principalele trei cauze de deces dup bolile
cardiovasculare i neoplasm.n majoritatea rilor dezvoltate mortalitatea prin accidente de trafic
rutier afecteaz n principal grupe tinere de populaie.
Cercetarea la faa locului n cazul accidentelor de circulaie cu prsirea locului faptei, reprezint
unul dintre cele mai importante acte de urmrire penal, cu caracter imediat i necesar, de modul
n care este efectuat depinznd direct soluionarea cauzei.
Datorit specificului ei, dei se supune regulilor generale tactice criminalistice i procesuale,
cercetrii accidentelor de circulaie i sunt proprii i cteva particulariti care se regsesc, ntr-o
form sau alta, n ntreaga metodologie a cercetrii evenimentelor rutiere.
Cuvinte cheie: accidentele de circulaie, cercetarea la faa locului.
On the 01.08.2010, hours 18.30, S.N.A.U. 112 within
the dispatch center of the County Police Inspectorate
Tulcea was informed on the taking place of a road
accident (namely on DN22 at km 168+300m), in the
interior of the locality Mineri, Somova commune,
Tulcea county, that led to the victims decease and
the leave of the accident scene by its author.
At the level of the County Police Inspectorate
Tulcea was formed the operative team composed of
the workers of the Road Service, chief commissary
Cersamba Iordan, chief commissary Banea Tudorel,
deputy chief agent Cristea Doru, deputy chief agent
Ttaru Sorin, the forensic physician Daanu Vasile
and forensic specialists, Inspector Niculache IonutValentin, deputy chief agent Dumbrav Dan, main
agent Munteanu Sadovnic Cristian.
The operative team that reached the scene of the
accident found a scene that seemed to have gone out
from the movie Jack the Ripper, the body of the victim
being on the footway, and the head at a distance of
approximately 15 meters from it (image no. 1).
From the first investigations performed at the scene
of the accident and from the data gathered from the eye
witnesses, it was established the fact that Sultan Velica,
aged 83, from the locality Mineri was walking on the right

Image no. 1
side of the roadway, near the footway, and behind her
was driving a bus, which hit her, causing her death.
It was proceeded to the technical-scientific investigation
of the scene of the accident, through the performance
of taking judiciary photographs, making measurements,
picking up of the biologic traces, the examination of
the body, at the same time with the performance of the
specific activity in order to establish the circumstances

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

561

Parche, Tulcea county, having parked the bus involved


in the accident before his house. (image 6, 7).

Image no. 2

Image no. 3
that led to the accident and the identification of the motor
car (image no. 2, 3).
As result of the investigations it was established that
the named Trofim Nicuor, aged 25, from the locality
Parche Tulcea county, driver within S.C. GEMANARU
CONEXTRANS SRL Tulcea, while he was driving the
bus brand IVECO, with the matriculation number BK
528 JL, registered by the Italian authorities, pertaining
to AUTOSERVIZI-AUTOFFICINA PASSERA LUIGI&C
SNC-BERGAMO, rented to the company GEMARARU
CONEXTRANS SRL Tulcea, in the locality Mineri, hit her
mortally with the ventilation cap of the engine from the
right side, which was in the lifted position, after which
continued his way and at a distance of approximately 300
meters from the scene of the accident hit also a road sign
from the border of the highway, and in its close vicinity
the engines cap was found.
(image 4, 5).
After the accident, the
driver left the scene of the
accident, being later on
found at the hours 19.43, at
his domicile from the locality

Image no. 4 and 5

562

Image no. 6

Image no. 7
The driver had a driving license category B, D since
the year 2006, and after being found, at the test performed
with the equipment Alcoltest DRAGER, presented a
concentration of 0.59 mg/l pure alcohol in the exhaled
air, declaring that he had consumed alcohol after the
accident occurred and that he did not know anything
about its taking place.
The victim was sent to the Morgue of the Forensic
Hospital Tulcea, and after the necropsy was performed,
it was established that the death was violent, through
decapitation in the context of a multiple trauma through
road accident, through the action of some parts of a
motor vehicle found in rapid movement.
The obligation not to leave the scene of the accident
is a must for every driver of the motor vehicle involved in
an accident, with no exception, in the sense that it is not
required by law to be established that someone was or not
guilty of the accident, and consequently, the provisions
of law are applied to all those who were involved in the
accident (guilty or not).
Very often are the cases in practice when the driver
defends himself with the fact that he did not
know about having committed the accident
and that, consequently, he cannot be hold
responsible for having left the scene of
the accident. In this respect, it is of high
importance to research the scene of the
accident (the existence or not existence
of the brakes traces) and to establish with
exactness the lesions and their manner of
generation.

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

ACTIVITY OF INSECTS
CASE ANALYSIS
ACTIVITATEA INSECTELOR STUDIU DE CAZ
Lavinia PAUL PhD., biologist
Member of the North American Forensic Entomology Association
Abstract
In this article are presented several cases and their resolution with help of forensic
entomology science; the role of the entomologist in forensic expertise is also highlighted.
These cases resolved with help of forensic entomology expertise relieve the role of this
science in forensic investigation.
Key words: case analysis, entomological expertise, necrophagous insects,
entomologist.
Rezumat
n acest articol sunt prezentate mai multe cazuri rezolvate cu ajutorul tiinei entomologiei
judiciare; este evideniat de asemenea i rolul specialistului entomolog n ancheta judiciar.
Aceste cazuri rezolvate cu ajutorul expertizei entomologice judiciare evidentiaz rolul
acestei tiine n cadrul investigaiei criminalistice.
Cuvinte cheie: studiu de caz, expertiz entomologic, insecte necrofage, entomolog.
Two cases resolved by Stephen W. Bullington Ph.D.,
Entomologist:
1.) Pennsylvania Aug. 26 the body of a woman was
discovered in the kitchen of the first floor of a house in
a small Pennsylvania town. From the accounts of the
neighbors, this woman lived by herself, she did not have a
job, and quite possibly she was mentally ill.
The body was discovered by the man who lived across the
street. He forced his way into the house through the front door
at the request of some neighbors, who were complaining about
a strong smell.
The entomologist Stephen W. Bullington arrived at the
scene on Aug. 27, and was told that the body had not been
disturbed. The windows were covered with screen on the
outside and plastic on the inside, probably to retain heat. This
covering formed a fly-proof barrier. In the kitchen were piles of
trash and a low bed.
Most of the head tissues had been eaten away by maggots,
what was left seemed to be slightly mummified. Other than the
head, most of the womans body seemed to be intact; the legs
did not seem to contain any maggots or other insect larvae. The
maggots near the head had formed a large mass to the right
side of the neck; a similarly thick mass of maggots was present
on the surface of the womans clothes near her mid-section.
The entomologist Stephen W. Bullington collected maggots
from the two large masses of larvae at about 4 PM. Some
maggots from each mass were kept in alcohol and some
were kept alive to rear through to adult flies. The temperature
and relative humidity was recorded inside the house. The
temperature varied from 21-22 C and the relative humidity
from 63-66%. The temperature outside in the sun was 30 C.
Puparia was not found around the body, nor in the trash.
Eight live adult blow flies were collected from the window of the
dining room. The flies were examined and they proved to be the
same species that the entomologist reared from the maggots.
The entomologist identified the maggots by rearing them
through to adult flies. They were kept at a constant 25 C and
50-60% relative humidity. These chambers were examined at
intervals for the appearance of adults. These flies all belonged
to one species, Phormia regina (Meigen) (Foto 1).
This chart shows that the larvae from the right side of the
neck and the larvae from the mid-section (stomach) turned in to
pupa on 30 Aug. (Fig.2) 195 larvae = 195 pupa = 195 adults.

Foto 1 - Phormia regina adult and pupa


Date

No. Pupated

No. Emerged

29 aug.

19

30

30 aug.

127

163

31 aug.

11

1 sept.

4 sept.

107

149

5 sept.

51

44

6 sept.

7 sept.

8 sept.

9 sept.

10 sept.

2 sept.
3 sept.

Fig. 2
H = larvae collected from the the head area.
S = larvae collected from the stomach area.

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

563

from S area; 158 larvae = 158 pupa = 158 adults from H


area.
To determine when the eggs were laid that gave rise to
the flies that have been reared; the entomologist worked
backwards using the concept of Accumulated Degree Hours
(ADH). ADH is a developmental concept, and is meant to
portray how much thermal input an insect requires to complete
its development.
Insects, like most other animals, have an optimal range of
temperatures for development. Most insects cease growing
when the temperature drops to near freezing, and die at some
temperature below this. If the temperature rises, at some point
an insect will cease development and then die. The ADH is
nothing more than the temperatures in-between these stop
points, that is, the optimal temperatures for growth, added up
for the life of the insect on an hourly basis.
Greenburg (1991) listed the number of hours required
to reach various life stages for Phormia regina at 22C. The
temperature of the house when the maggots were collected
was about 21-22 C.
Stephen W. Bullington took Greenburgs data and construct
the following chart. This chart shows the number of ADH needed
to reach the end of each stadium in the life cycle of Phormia
regina. The ADH in the chart was obtained by multiplying the
number of hours given by Greenburg by 22 C. (Fig 3)

Ore

A.D.H. la final de
stadiu de dezvoltare

Ou

20

440

Primul stadiu larvar


de dezvoltare

25

990

Al doilea stadiu
larvar de dezvoltare

25

1.540

Al treilea stadiu
larvar de dezvoltare

25

2.090

Pre-pup

125

4.840

Pup

116.5

7.403

Fig. 3
At 22C Phormia regina requires an average minimum of
7403 ADH to develop from a freshly laid egg into an adult fly.
Most of the flies emerged as adults on Sept. 4, around 12 noon.
The entomologist used 12 noon as a rough starting point.
The maggots were collected on Aug. 27 at about 4 PM.
During most of the time between Aug. 27 and Sept. 4, they
were kept at 25 C. This interval thus amounted to 188 hours,
which, when multiplied by 25C, gave 4700 ADH used. This
leaves 2703 ADH that must have been used prior to Stephen
W. Bullington collection. 2703 ADH divided by 22 C is equal to
the number of hours this would have taken, or 123. Thus the
majority of the eggs were laid 123 hours -5 days and 3 hours
-prior to 4 PM on 27 Aug.
Conclusions:
- The majority of eggs were laid on the body during the
daylight hours of 22 Aug.
- It is likely that death occurred sometime the night
before.
2.) The crime scene - a small town in the northeastern
United States. The body of a middle-aged male was found
in a weedy lot at about 1 PM on a hot day in July. The man
had been beaten to death. He had also apparently been
lying in the lot for several days.
The coroner, who was at the scene, collected some of these
maggots and the entomologist used them for the analysis that
follows. The body was taken to the morgue at about 6 PM.
Additional maggots were collected and placed in alcohol
between 8 PM the next day, during the autopsy. No maggots
were collected for rearing because at the time of the autopsy
the body had already been treated with insecticide.

564

Stephen W. Bullington chose the largest maggots from


the sample collected when the body was found; he mounted
them on microscope slides to facilitate their identification
using a microscope. He also mounted eight of the maggots
on slides. Four of these maggots turned out to belong to the
blow fly Phormia regina (Meigen), and four to the blow fly
Phaenicia sericata (Meigen). To facilitate identification the
cephalophyrngeal skeleton (mouth hooks) and posterior
spiracular openings (breathing holes) were dissected from one
specimen of each species. The first thing was to determine
what instar the large maggots of Phaenicia sericata were in.
Maggots shed their skin twice as they grow. The time between
hatching and the first shed is called the first instar; the time
between the first and second sheds, the second instar; and the
time between the second shed and the transformation into a
pupa, the third instar.
The large maggots Stephen W. Bullington examined
were all third instars. They were third instars because they
possessed anterior spiracles and had posterior spiracles with
three slits (Liu & Greenberg, 1989). First instars lack anterior
spiracles, and second instars have posterior spiracles with
only two slits. These features were clearly visible in the slidemounted specimens. The fact that these large maggots were
third instars meant that they took at least 1517 Accumulated
Degree Hours or ADH to develop.
Greenburg (1991) listed the the number of hours required to
reach various life stages for Phaenicia sericata at two constant
temperatures, 22C and 29C. Phaenicia sericata - the rate of
development is proportionally slower at higher temperatures.
Stephen W. Bullington took this data and constructed the
following chart, showing the number of ADH needed to reach
the end of each stadium.(Fig.4)

22C

29C

Ore

A.D.H. la
final de
stadiu de
dezvoltare

Ore

A.D.H. la
final de
stadiu de
dezvoltare

Ou

23

506

18

522

Primul stadiu
larvar de
dezvoltare

27

1.100

16

986

Al doilea
stadiu larvar
de dezvoltare

22

1.584

16

1.450

Al treilea
stadiu larvar
de dezvoltare

22

2.068

22

2.088

Pre-pup

108

4.444

94

4.814

Pup

143

7.590

130

8.584

Fig. 4
Is apparent that the total ADH required to reach adulthood is
higher at 29C than at 22C. During the three days prior to being
collected the maggots developed at an average temperature of
slightly over 25C a figure which falls nearly halfway between
the two temperatures Greenberg studied. The ADH figures
Stephen W. Bullington used for the analysis were therefore
averages of the figures in the above chart for 22C degrees and
29C. To use the first ADH as an example, the 1517 mentioned
above is halfway between 1584 ADH, which the maggots take
to become third-instars at 22C, and 1450 ADH, which they
take to become third instars at 29C. Was used the figure of
1517 as a base on which to build the minimum ADH required
for the development of the large maggots.
The third instar is a very long period for maggots. The
maggots of Phaenicia sericata spend a minimum of 116 hours
(nearly five days) as third instars at 29C (Greenberg, 1991).
The third instar can be divided into two portions, as indicated
in the chart; the first portion of this instar is spent feeding and

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

growing, and the second portion is spent wandering about


looking for a site to pupate. The second portion is about four
times as long as the first. These two phases of the third instar
can be distinguished by the size and color of the crop, an internal
sack between the mouth and the stomach of the maggot.
This sack can be seen through the skin of the maggot. It is
bright red in feeding maggots. The maggots mounted on slides
had crops that were bright red. Thus they were feeding third
instars.
Greenberg (1991) presented two graphs showing the
relationship between length and developmental time for all
instars, for the entire time period between the hatching of
the egg and pupation - Phaenicia sericata (Lucilia sericata)
(Fig. 5):

allow the large maggots taken from the body to develop.


From the weather station at an airport, which was about
8 miles from the scene of the crime the temperatures were
compiled. 1753 ADH falls almost exactly at 70 hours prior to the
time the maggots were collected by the coroner.
Conclusions:
In cases like this that are based on maggot length,
a range of about plus or minus two hours is in order
(Kondratieff, B. C., 1995).
During the summer one can also make the
assumption that adult flies will find a body within a few
minutes of death, assuming that it is daylight and the body
is in the open.
Final report: the largest maggots of Phaenicia
sericata developed from eggs laid 68-72 hours prior to
their collection by the coroner.
Six forensic entomology cases - Source: Journal of
Forensic Sciences: Mark

Fig. 5
The graph on the left shows the relationship at 22C, and
the one on the right, at 29C. These graphs differ slightly from
each other; however, in the time period covering the early third
instar, there is a linear relationship between maggot length
and age. Older maggots are longer. Therefore Stephen W.
Bullington used the information presented here to find out how
long the maggots had been feeding.
From the 22C graph, is apparent that at the beginning of the
third instar, the maggots are just at 8 mm long. From the graph
for 29C it can be observed that they are somewhat larger,
measuring in at slightly over 8.5 mm. At both temperatures
22 hours later, when they stop feeding the maggots are
approximately 14 mm long. Stephen W. Bullington took these
figures and from them constructed the graph below.
He also measured the largest maggot he had from the body.
Using this length with his graph, he determined the number
of hours after moulting into a third instar it would have taken
this maggot to have reached its current size. He did this for
both 22C and 29C, converted the figures into ADH, and then
averaged the two. (Fig. 6)

Fig. 6
The biggest maggot mounted was 10.58 mm long. Using
the graph, for 22C this translated into 220 ADH (10 h. x 22C),
and for 29C into 252 ADH (8.7 h. x 29C). The average of
these two figures was 236 ADH. Therefore, the largest maggot
could have been no further along into the third instar than 236
ADH. When this 236 was added to 1517 => 1753 ADH. Stephen
W. Bullington considered this ADH as the minimum required to

Benecke, Forensic Biology Dept. Germania :


1.) Maggots found in winter in a vacant and an occupied
flat: the corpse of an elderly Caucasian woman was found
dead in her flat in the third floor of an urban building
on 6. November 1995. The body was discolored and the
skin was found to be partly detached due to putrefaction.
Police officers reported that at their arrival many adult
flies of maggots were observed on the corpse. Two days
later the flat was sprayed with Pyrethrum, disinfected with
Lysoformin and then completely renovated, including
fresh painting of all walls and the removal of all carpets.
The flat was then left vacant. At the end of February 1996,
an inhabitant of a flat in the building reported that for the
past 3 month maggots were found in hers, and another
occupied flat.
Maggots were reported squeezing themselves through a
bathroom partition wall made of plaster and collecting under
a mat near the balcony. Furthermore, the caretaker collected
up to ten dead green flies per week in the vacant flat of the
deceased. An inspection of the flats, which were all in a clean
and proper condition, on 22.2.96, revealed five puparia and six
post feeding, slightly darkened larvae (starting to pupate) of
the blowfly Calliphora vomitoria under a mat near the balcony
situated under the vacant flat. In the flat of the deceased the
following were found: -three dead and one febrile weak adult
green-metallic Lucilia caesar, each of 7 mm in length in the
bed-room and in the bath room, -four puparia of Calliphora
spec. behind irremovable floor ledges and
-four febrile adult Lucilia caesar sitting in cracks in the
concrete of the balcony. Up to June 1996, dead adult flies but
no other arthropods were found occasionally in the vacant
flat. The unusual appearance of two blowfly species which
should have been killed by pyrethrum may be explained by a
rapid decrease of temperature which started six days before
disinfection and reached its maximum the day before the
corpse was found.
Supposedly, female flies laid their
eggs on the corpse in mid-September. While many eggs could
develop, temperatures decreased and from the beginning of
November many maggots started to search for secure places in
which to diapause. This behavior is performed by many insects
under unfavorable conditions, especially at low temperatures.
For that reason, Pyrethrum did not reach the hidden and nearly
lifeless maggots. After renovation, the caretaker maintained the
empty flat at around 14C. This temperature allowed pupation
and hatching of some flies; however, mainly due to low
temperatures in winter they could not fly away. In the laboratory
(room temperature: 22C), the individuals which were caught in
the flat showed a normal flying behavior.
Two facts support the idea that maggots originated from
the corpse, hid both behind vertical floor ledges and in cracks
few days before disinfection because of a sudden drop in
temperature: Firstly, no cadavers or skeletons were found
anywhere in the surroundings including drains. Secondly,

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

565

maggots, pupae and flies of the predominant carrion feeding


species in Cologne were exclusively found in rooms which
were located towards the north (where the woman died) but not
in rooms at the sunny, warmer south side of both flats. Due to
the continuously low temperatures and poisoned surroundings
the post feeding larvae finally developed slowly but constantly
(without feeding any more) to small adults over a period of
six to eight month (shrunken abdomen; 60 % of normal body
length - for variation of body length of Lucilia caesar see, for
Calliphora see.
2.) Larvae on heroin addict: a 38 year-old known heroin
user committed suicide by laying her neck under the
wheels of a moving train at the end of November 1995.
The corpse was found under foliage in shrubbery near the
track which runs through the city. The soft parts of the trunk
were reduced to a greasy mash. Organs of the abdominal cavity
and the chest were completely disintegrated (Foto 7):
A small amount of decayed tissue was found adhering to
the pelvis and the extremities. A shock of hair measuring 35x20
cm was found near the skeletonized skull.
A first estimate led to a post mortem interval of 2-3 months.
The body was wearing jeans which were still in good
condition.
In the autopsy room, within the decomposed mush, but
also on the uncovered bones, masses of yellow piophilid larvae
of 8 mm in size could be observed jumping up to 50 cm in
height or 10 cm aside for more than five hours at 17C. On
top of leathery dried parts of skin, a nearly closed layer of pale
yellow eggs was found; similar eggs were found in the shock
of hair. Because the breeding room had been poisoned while
breeding the eggs, determination had to be performed by use
of single body parts of one adult fly which was determined as
Piophila casei. P. casei is a typical inhabitant of freely exposed
cadavers three to six month post mortem, in the third of eight
successional waves.
Because single P. casei females lying around 200 eggs,
the observation of masses of eggs covering the body led to
the conclusion that a first and probably a second generation
of cheese skippers had hatched on the corpse. Under good
conditions, Piophila eggs develop to adults within 11 to 19 days;
together with the information given and our temperature data
a post mortem interval of 90 days (start of the third wave) plus
22 to 38 days; 112-128 days was calculated. Later it was found
that the woman had been missing for four months.
This case indicates that P. casei does not shorten its
development significantly under the influence of heroin as
was observed for some arthropods. However, the exact
concentration of heroin could not be determined because of the
severe decomposition.
Under the shock of hair on the clothing of the corpse,
several beetles were found which to our knowledge are not
highly specific for a certain state
of decay. We found two adult
Staphylinidae (one Oxytelops

picture of the bath


apartment located one
floor below the victim

566

Foto 7

Foto 8
tetracarinatus which is the most common representative of
the genus Oxyteles and is frequently found in excrement and
rotten plant materials; one Philonthus spec.) which on their
own are not suitable for estimating of PMI because of their
common occurrence on cadavers, even two years after burial
on corpses.
Three adult individuals of the genus Atheta (which lives on dry
carrion but also on fungi and decaying leaves) and both larvae
and two adults of the clerid red legged ham beetle Necrobia
rufipes were found. One of the Necrobia larvea immediately
burrowed into a piece of gauze, pupated at 17 C which is 1
C less than its supposed lowest breeding temperature and
hatched out after 54 days. Necrobia rufipes is known to be a
late inhabitant of corpses and feeds on dry cadavers (also on
mummies and ham) and probably on larvae of other arthropods.
The observation of one dead pupa of Fannia (house fly) and the
absence of any silphid beetles was without diagnostic value but
is mentioned for the sake of completeness.

3.) Adult fly in decomposed head: on the occasion of


his arrest on 8. May 1996, a man told the police that his
wife was lying dead in their flat and had been there for 29
days.
Asked why he did not report the death of his wife the man
answered that he was afraid of losing the flat. Police found the
corpse with a large population of flies and larvae together with
signs of mummification (Foto 8).
The corpse was covered with two blankets. For the mean
outside temperature was calculated to be 10.9 C most likely
the heating was turned on. Together with the known covering of
the corpse and the insect producing heat inside temperatures
were assumed to having been constantly higher than 20 C.
During the post mortem examination, masses of maggots
were found on the corpse, conspicuously in the vaginal tract
and in the hair; further maggots were seen in the bladder.
Unfortunately, maggots were washed away by the autopsy
team before the forensic entomologist was informed.
The head was partially mummified, the skin of the
face, the soft tissue of the lower jar, eyes, ears and tongue
were missing; the mouth was widely opened, the skull was
can be seen stuck tape to
prevent penetration of larvae fully intact. After detaching the skull-cap, a single adult
Protophormia terranovae was found inside the skull. The
into the apartment
brain was missing. Inside the skull, larvae were found. It is

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

known that Protophormia develops within 19-23 days at 22 C


from egg to adult.
In Cologne, P. terranovae is reported to be the most
synanthropic species after Musca domestica and Lucilia
sericata. However, our observation is unusual, firstly because
P. terranovae ordinarily pupates on the surface of the breeding
medium unless it is very wet or exposed to bright light; an
alternative explanation might be that the fly became trapped
accidentally; however development was completed under
unusual breeding conditions.
P. terranovae adults are usually found on corpses more than
one month after death, and thirdly this is the first observation
of Protophormia on a corpse from the city of Cologne in our
institute.
4.) Red pupae on the corpse of an alcoholic: on 14.
August 1996, a 46 year old known alcoholic (80.5 kg) was
found dead in his bed-room. He had been dead for 5 days.
Blood alcohol concentration was calculated to be 1.6 parts
per thousand. The man had a history of high blood pressure.
The corpse was in a state of bloated decay. Clusters of eggs
were found in his beard and in his pubic hair. Many fly larvae of
2-3 mm in length were seen mainly under skin bladders caused
by putrefaction gases.
Because Lucilia ceasar females were observed ovipositing
onto the body in the autopsy rooms, entomological analysis
focused on two dark red pupae measuring 6 mm which were
found adhering to the abdomen of the corpse.
Pupae were bred at 17C-20 C and two adult Muscina
stabulans flies measuring 9 mm in length emerged 14 days
later, on 28.8.1996. M. stabulans developing within 28 days
at 16C from egg to adult, larvae, as a rough estimate, are
supposed to having fed on the man either while he was living or
while he was in a unconscious state. (If on the other this was a
case of myasis and M. stabulans involvement (58) because of
the body temperature of 37C and because of the elevation of
temperature by maggot masses a shorter time of development
would be expected.) To determine if the man might have been
fallen severely ill before he died, larvae were crushed and
tested for bacteria.
The red color of the pupae and red spots on the slightly
moist paper towels on which the pupae were laid appear to
be caused by Serratia marcescens (Enterobacteriaceae). This
ubiquitous bacterium, previously thought to be non pathogenic,
is now known to cause wound infection and sepsis in people
whose immune system is compromised; a reason for this is that
S. marcescens is often resistant to antimicrobial substances.
For example, in 1986 and 1987, in average 93 people died from
infection with S. marcescens in the U.K. An illness or infection
caused by or followed by the occurrence of S. marcescens
together with unconsciousness could be an explanation for the
occurrence of Muscina stabulans larvae on the alcoholic before
he died.
5.) Corpse of drug user with post mortem lividities at two
different points: a known drug user (28 years old, 172 cm,
61.9 kg; blood: no alcohol, caffeine 0.85 mg/L, Diazepam
0.12 mg/L, Nordiazepam 0.03 mg/L; urine: morphine 4.8
mg/L, Codeine 0.16 mg/L) was found dead near wood inside
Cologne on 21.8.1996 at 7.05 am. Toxicological analysis
suggested that death occurred within three hours after
ingestion of heroin. The dressed corpse lay freely exposed
on a patch of grass; police reported that the corpse had
not been seen there at 10 p.m. the evening before.
Mean outside temperature was 23.1 C (20.8.96) and 20.3
C (21.8.96). On the eyelids, masses of eggs were found.
Using characteristics of the mouthparts, the anterior spiracles
and the posterior end views of third instar larvae which were
bred from eggs allowed species determination of the blow fly
Lucilia ampullacea, one of the Lucilia species which is seldomly
found associated to humans in Cologne.
This case is interesting for two reasons. Firstly, in the
Weimar child murder case, one of Germanys most famous
lawsuits, the author was asked if arthropod evidence could tell
if two corpses were placed outside near woods at day or at

night. The idea was to compare the developmental stages of


gen. Lucilia and gen. Calliphora on the corpses. Since most
authors report that Calliphora does not oviposit at night, it
was suggested that this might be answered by comparing the
occurrence of late stages of Lucilia with the occurrence of early
stages of Calliphora. The Forensic Entomologist might have
been able to answer the central question of the trial if eggs,
maggots and insects collected at the scene would not have
been thrown away after letting them dry in a paper bag. Maybe
even high quality close-up photographs (which were not taken)
might have been the key to the true course of events. Secondly,
the influence of drugs in corpses to the insects feeding on them
is still in progress; thus, this case makes a small contribution
to the subject by showing that Lucilia ampullacea was not
repelled by a heroin intoxicated corpse. (From the life history of
the person it is sure that heroin was present even if its quantity
could not be determined any more.) Thirdly, the appearance of
only very early developmental stages of flies (as documented
by photographs) indicate that the person died in a flat and was
then brought outside. As a matter of fact, in criminalistic routine
it is not unusual that a heroin user is reported to have died
unnoticed in the circle of his friends (the person is thought to
sleep or to be on a drug trip).
The friends wish to prevent questions and investigations
and so they put down the corpse anywhere outside. The
entomological findings and the fact that the body was lying next
to a path and the walkers declaration also support this theory.
The finding of some ten living woodlice (isopods) of the
species Porcellio scaber adhering to the corpse in this case
was of no diagnostic value but is mentioned for completeness.
(P. scaber is one of ten isopod species which are most widely
spread over Germany. However, appearance of P. scaber
on a corpse in a Cologne flat might give a hint at the death
happening outside: Until now, the author has never found
isopods at corpses in local flats.)
6.) Dead man in a balcony: the corpse of a 66 year old
man (46.5 kg, 159 cm, back-calculated alcohol level at time
of death: 1.07 parts per thousand) was found dead in the
balcony of his flat on the 8th floor of an urban building in
Cologne.
The corpse was thought to have been there for 25 days,
from 31. August 1996 to 25. September 1996. The soft tissue
of the face, neck and right ear was destroyed by maggots; the
skin was greasy and colored greenish-brown, the abdomen
was bloated.
Masses of maggots were found on the corpse.
A single fly which was reared to adult was identified
as Parasarcophaga argyrostoma which is also known as
Sarcophaga argyrostoma. In Cologne, P. argyrostoma is only
found near muck heaps, on food containers in the Zoological
Garden etc. Until now, in Cologne it has never seen on corpses
inside flats. Until now no information on the dependence of the
height of a flat and colonization of corpses was determined
systematically. For that reason, P. argyrostoma seems to be
a highly indicative species which tells if a corpse which was
found in a more or less closed environment was lying outside
(here: on a balcony very near to a flat) at least for some time.
P. argyrostoma might therefore turn out to be of special help
in forensic investigations in urban surroundings like the city
of Cologne which suffer from a fauna with a clearly restricted
number of species to check whether a corpse was (temporarily)
lying outside a flat - even in a balcony - or not.
References:
1.
Beneke M. Forensic Entomology. The Utility of Arthropods
in Legal Investigations second edition, 2009.
2.
Bernard Greenberg Flies as forensic indicators, Jour.
Med. Entomol.1991.
3.
Bernard Greenberg, John Charles Kunich Entomology
and the Law, Flies as forensic indicators, 2002.
4.
Mark Benecke Journal of Forensic Sciences Forensic
Biology Dept. Germania, 2005.
5.
Stephen W. Bullington, Ph.D., Consulting Entomologist http://www.forensic-ent.com

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

567

THE EXPERTISE OF ACCIDENTS WITH UDS


EXPERTIZAREA ACCIDENTELOR CU UDS
Ing Fierbineanu Mircea
Judicial Technical expert Romanian Forensic Association
The body of technical experts from Romania
mircea_fierbinteanu@yahoo.com
Abstract
The method of last reference, in the road traffic accidents expertise field, in Europe, is the one which
implies the use of data recording, both from the moments immediately preliminary to the production
of impacts, as well as after the impacts take place. The data recording is performed continuously in a
cyclic memory, during approximately 45 or 30 seconds, these being the longitudinal and cross section
accelerations, the speeds before and after the impact, the ignition, the signaling, the shift on small phase,
the starting of the brake signaling lams. The device was charged with a software which coordinates
the accident data recording, after which they are transferred by means of a connector cable with 26
pines on a laptop with the same software. The main parts of the device are: speeding sensors, an
electronic compass, an internal watch, an electronic memory and a feeding battery, that directs the data
recording as compared to the magnetic North pole. The data are extracted from the device only by the
relevant authorities, after which the licensed experts make their interpretation, revealing the dynamics of
producing the road accident in question.
Key words: road traffic accidents, data recording.
Rezumat
Metoda de ultim referin, n domeniul expertizrii accidentelor de trafic rutier, n Europa este aceea
care presupune utilizarea unui nregistrator ale datelor, att din momentele imediat premergtoare
producerii impactelor, ct i post-impactelor. nregistrarea datelor se face continuu ntr-o memorie ciclic,
timp de cca. 45 sau 30 secunde, acestea fiind acceleraiile longitudinale i transversale, vitezele nainte
i dup impact, aprinderea, semnalizarea, comutarea pe faz mic, aprinderea lmpilor semnalizatoare
de frn. Aparatul are ncrcat un soft care coordoneaz nregistrarea datelor de accident, dup care
se face transferul acestora prin intermediul unui cablu cu tecker cu 26 de pini la un laptop cu acelai
soft. Componentele principale ale aparatului sunt: senzorii de acceleraie, o busol electronic, un ceas
intern, o memorie electronic i o baterie de alimentare, ce orienteaz nregistrarea datelor fa de polul
nord magnetic. Datele se extrag din aparat numai de organele competente, dup care experii autorizai
fac interpretarea lor, rezultnd dinamica producerii accidentului rutier n cauz.
Cuvinte cheie: accidente de trafic rutier, nregistrator de date.

The UDS means a series of names such as:


accident recorder, accident data recorder, accident
data memory, accident documentation system and
even confusing names like flight recorder for cars
or black box, referring to the data recorder with
which an airplane is equipped.
The name UDS comes from the following German
words:
Unfall

- Datenn -

Accident - Data

Speisher
Storage

This idea sprang from the traffic congestion produced


on motorways, where many vehicles are involved. This
makes almost impossible the crime scene investigation
because such chain collision occur in a very short time
and potential witnesses dont have the opportunity to
present their testimony because of the dead produced
in line, knowing that the speeds at which motorways are
crossed are very high.
UDS provides information about the operation of key
elements of command, such as brakes, signal lights,
head lights and in connection with the wheels speed,
UDS sensors being able to record a very wide range of

568

data. Through its main purposes, UDS is different than


tachograph charts used by trucks, both in terms of output
and operating principle and on duration and volume of
records. UDS - the accident data recorder collects and
stores vehicle data only under certain conditions and for
a relatively short period of time. Among other things,
UDS sensors analyse data from the post-impact phase
with a higher accuracy than any other tachogrph records
used by trucks.
From a legal perspective, in Germany, nothing can
be set forth before the data provided by the UDS. Alike
tachograph charts records, these data can be used both
in civil and in criminal trail cases. So far, it hasnt been
reported any case in which the UDS record was not
admitted as evidence in trial. Rent a car companies
increased the number of vehicles equipped with UDS
with the deliberate purpose to identify accidents and
to discover frauds. So far, theres no known case in
which a UDS record raised before the tribunal had been
questioned for fraud.
Obviously, the use of UDS helps changing the
driving style. Furthermore, for large fleets the costs
arising from accidents caused intentionally by drivers
decline substantially. While justice, experts and victims
of motor accidents want an UDS system on each car,

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

some vehicle manufacturers and associations, such as


ADAC, are skeptical and rather against such a measure,
for which interest circles have expressed in the recent
past a positive attitude.
Due to the increasing scale of electrical and electronic
components used in the cosntruction of motor vehicles,
automotive industry could not deny the need to equip
vehicles with recording equipment. In recent years,
in addition to the recorder system previous mentioned,
autovehicles were equipped with many other small
modules - within its own functions - which are intended
for storing relevant information about accidents. In
cases of doubt, the content of these modules should be
evaluated in collaboration with its manufacturer. This
chapter will deal exclusively with independent devices.
6.1. Range
In mid 2006, only Siemens VDO Automotive AG UDS
could be bought. There is another prototype of UDS
made by Munich MBB Deutsche Aerospace, which has
not yet come to be manufactured in series. Therefore,
we refer only to the UDS module produced by Siemens.
For additional details the information provided by
manufacturers should be taken into consideration.
UDS was predominantly introduced in large fleets of
cars. By mid 2006, 60.000 UDS were sold. In addition
to private vehicles (rent-a-car companies, insurance

versions differ in the number and type of data storage


areas, and through the possibilities to store these road
events.
UDS essential components consists of an acceleration
sensors, an electronic compass, an internal clock, an
electronic memory and a supply battery. UDS sensors
identify longitudinal and transverse accelerations, but
also vehicle orientation to the magnetic north pole.
In addition, UDS is powered by a tachometric signal
as following: the newest generation of vehicles are
fitted with electronic tachometric system, using the
existing electrical signal, older generations require
additionaly the use of a pulse generator mounted
on the speedometer shaft. The tachometric signal is
actually a measurement of the distance, since each
pulse corresponds to a certain traveled distance and its
value is depending on the number of recorded pulses.
If simple pulse generator can not distinguish between
forward and backward mouvement, in both cases, the
software considers the speed value as positive. As an
alternative to the tachometric signal the ABS signal of a
wheel can be used.
The connection of the UDS to the electrical system
is made through a 26-pin plug. The operation of the
most important functions (at least: switching ignition,
signaling, switching to low beam, turn brake signal
lights) is brought before the UDS as state information,
Figure 2.
Typically, UDS measures voltage and not current.
For example, it only shows that the switch was actuated
and not that the job was realized, for example, that
brake light indicators were on. Therefore, the status
information is a simple test, of course with some
exceptions. If its about a signal light, the frequency of

Fig. 1 Versions of UDS equipment manufactured


by Siemens VDO (formerly Siemens VDO Kienzle GmbH)

companies, shipping companies, buses, taxis) police


cars in some regions like Saxony, Berlin, Brandenburg
were also equipped with UDS. Even the police in Great
Britain and the Netherlands have equipped their vehicles
with UDS. Similarly, Czechs carriers were forced by law
to install UDS systems on their vehicles.
The fact that a vehicle is provided with UDS can be
proved by connecting the ignition, a self testing beep
certifies its entry into service. A beep can also be heard
when connecting the fault display. Most often, the UDS
is located under the copilot seat. However, it can be
mounted in the trunk (behind the side trim), or under the
couch in the back.
6.2. UDS technique
By mid 1996, on the market were two generations
of UDS devices, differences between them in terms
of technology and mode of data storage. Figure 6.7.1
describes the differences between the gauge of the first
generation of UDS devices (versions 1.1. .. 1.3) and
the second generation (version 2.0). On each UDS is
written the type and the production series. The various

Fig. 2 Functional principle of UDS and measured sizes

the flashing signal can indicate that a signal lamp is not


working. Some special facilities, such as signaling the
police car, can be a possible functional test. Therefore,
in such circumstances is necessary to check the vehicle
wiring. Such a thorough check is particularly needed
for systems installed on buses where the presence of a
large flow of information between the trigger signal and
its transfer on to a third party, for example, the UDS,
can determine certain time delays. This time delay may
possibly be determined, in some cases it reaches more
than 30 ms.
As a verification test, registering was chosen not
only by cost considerations: measuring current would
have meant an intervention to the vehicle wiring system,

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569

while the parallel voltage measurement simplifies the


installation.
With the exception of version 1.1, all other UDS
systems have an area where is stored important
information about the vehicle, the location of the UDS
and about the parameters selected to be followed by
this device. This area is commonly known as passport
of UDS. Installing data on this so-called passport
is done by the service that mounts your UDS, except
when the installation is done by the manufacturer of the
car. In the latter case, most of the times the passport of
UDS doesnt contain the indicators regarding the car.
Compared with older equipment, the passport
has the virtue of reducing the electronic selection
process because less data are to be introduced into
the computer. Besides, it avoids errors that can occur
in the selection stage (eg. receiving a false pulse of
movement). However, experience has shown that an
electronic device can correct some erroneous entries,
such as the UDS mounting position or even a number of
motion impulses. Consequently, it appears necessary
to verify on the vehicle the UDS passport indications
of its mounting position and motion impulses.
Once incorrect entries are saved, it can not be
changed. A correction of this error can only take place
after a further processing. However, this must be
expressly mentioned in the expert report.
6.3. Recording and storing data
All UDS systems have at least three working modes:
motion (on), parking, pause (off). Recorded data
can be read directly starting with version 2.0. After a
reset, for example, after connecting the ignition, the
UDS goes through a test algorithm, after which it emits
a beep that announces that the system is working
correctly, the UDS switches to motion way.
About five minutes after cutting the contact
(disconnecting the ignition), the unit goes into parking
, the beep delivered on this occasion sounds with
considerably lower intensity than in the motion mode,
thus making this state more easily to be recognized.
Since the algorithms used today in order to shift from
one mode to another are substantially different, it can
not be specified a particular numerical value for the
beep.
The duration of the parking mode varies depending
on the device type and its regulation, the standard value
for all units has a range of one to three days. When the
parking mode ends, the UDS automatically switches
to pause (off) mode and in order to protect the battery
it stays unplugged. When a motor vehicle is parked for
a longer period, the UDS is likely not to automatically
register an impact, this doesnt constitute a failure, but a
systemic problem.
The timbre of the emitted sound signals differs both
by the type of UDS and by the kind of signal. Data is
continuously recorded in a cyclic memory for approx. 45
or 30 seconds. After this time, new data are stored over
the oldest data, the latter being lost forever. Thereby
UDS is significantly different than tachograph chart,
where records are usually kept for 24 hours.
In all UDS, triggering an accident recording and
memorizing is automatically done. On older machines
(up to version 1.3), data storage can be done manually by

570

connecting the emergency signals facility and on newer


versions (versions 1.2 respectively 1.3) by pressing the
control key. The latest devices (starting with version
2.0) by connecting the emergency signals facility data
storage is deactivated. Since version 1.3, UDS also
saves the moment when the vehicle is parked. Different
ways of storing data have different names and different
priorities of treatment. In principle, any stored data
may contain relevant information about the accident.
In general, it should be checked if the available data
related to some legal proceedings were stored manually
or automatically. It should be noted that individual data
can sometimes overlap each other.
All first-generation devices can record only two
accidents, after which UDS is disconnected, no longer
being possible to store other data. So it may happen
that an accident no longer can be saved, since the
device memory is already fully occupied. This is not
possible with the second generation equipment, as
these devices make possible the automatic replacement
of old records with new ones. Finally, the new devices
can be considered as storing memory for driving data.
The memory of the second-generation devices consist
of nine areas of statistical memory (automatic storage
of driving data) and three areas in sleep mode. The
statistical memory includes, for example, connecting/
disconnecting the ignition (contact/ contact cut),
processes of selection/ deletion, the internal memory of
kilometers and the memory of UDS errors.
Since version 1.3, UDS devices also have a fourth
area of memory, so-called area Wegorientierte Bereich
(abbreviation WOB), WOB memory is not dependent on
time, but on certain events that may occur in driving.
WOB saves the last 100 m, respectively 16 seconds
before the last stop. This storage area was created for
the registration and evaluation of possible road events
that are not automatically identified by the UDS, such
as, for example, collisions between a car and a child, or
some tangentially light touches.
Starting with UDS version 1.3, there is a possibility
that, by pressing the control button, the events happened
even three hours after that time to be saved in WOB
memory. Evaluating the relevant information contained
in WOB is more difficult.
Usually, an accident is automatically saved, which
means that it is automatically recognised by the UDS,
when certain criteria are met. Achieving them will be
based on the acceleration measurement, on which
occasion - similar to the criteria that trigger airbags beside the acceleration absolute value is evaluated its
evolution over time. A single value, either acceleration
or velocity change is not sufficient to describe the
operation of the vehicle. However, as tests showed,
there are some complex algorithms that enable even
the detection of lateral interferences.
To the automatic memory can be added an additional
memory for data with a certain maximum frequency (2
Hz for old systems and 16 Hz to the new generations).
The recording is not continuously, but whenever an
event takes place, it is done whenever there is a speed
signal.
Such data are of interest in particular cases in which
must be proven whether or not the vehicle has been
moved from the spot after the accident. Thus, in case of

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

an attempt to mislead, it can be shown that the accident


occurred elsewhere than it is said. The time during
whitch the UDS memory stores the info depends on the
type of system, its adjustment and the violence of the
event. In the case of first generation devices, over the
automatic registration can not interfere another, meaning
that the original registration remains in the memory of
the system and should be wiped with a software or with
the control key. This way, the recording of an accident
can be read even after a few months since the event.
6.4. Transfer of data, their security
UDS memory contents is read with a special software.
To this end, UDS must be supplied with electricity from
the vehicle wiring or from an external power supply.
When the UDS is removed from its mounting position,
jerks and changes in the position may negatively affect
its data, which was automatically stored in its memory.
Therefore, data must be transferred from the UDS
before disconnecting it from the vehicle power supply. A
possible alternative - just in case of the first generation
devices - is starting the ignition, because the UDS will
be in the walk (on) position in which case the threshold
is somehow higher than in the parking. When the UDS
is disconnected from the power supply, it preserves all
stored data. If the device is dropped down it does not
lead to the loss of the data contained in the memory,
even if a new recording is memorized.
Data is transferred through a data cable which
connects the UDS to a computer. A special software
protected by a single dongle is required to transfer the
data and to evaluate it. This way, all memory content
of the UDS is copied to a computer file. Throughout
the transfer operation, it is checked whether the data
transferred from the memory match perfectly with
the UDS, this fact actually guarantees that the UDS
memory has been transferred in its entirety. UDS data
remain storeduntil they are removed (deleted) using the
software or the control button, due to the device battery.
So, theoretically, the raw file of an accident can be found
even after the passage of several years.
As additional information, the raw data file transferred
to the computer contains the number of the dongle
(hardware key for the protection of the special software
used for the data transfer - note trans.), with which can
be found the manufacturer that is the license holder.
In order to be verified in terms of consistency, the
data contained by the UDS are coded. In this form
the raw file is transferred to the computer. This is the
original file, which practically must be kept permanently.
Handling these data is impossible without altering
the data contained in that file, this is the guarantee of
authenticity of the data, at any time. When opening an
altered file, the following message appears UDS data
corrupted and its evaluation can be done only by the
device manufacturer.
Decoding the raw file leads to other files with which
we will work further. The data contained in the original
file remains untouched. Any changes made possible
with the software do not affect in any way the raw file (the
original). When a particular record should be evaluated
we always appeal to the raw data file. To read the
data, we must check the correct setting of the time of
the computer on which they were transferred, because

the memory stores as supplementary data UDS time,


computer time and some other important information.
6.5. The software
Various specialized software have been developed
for data transfer. Some programs only serve to present
us the information contained in the UDS and can
be used for analyzing the accident only with certain
reservations.
UDScope has been specifically designed for experts.
This is a DOS program that can run on fast computers,
but not without some intervention in their configuration.
The newest product in this category is UDScience, a
software composed of several modules. With his help,
data stored in various generations of black boxes (UDS)
can be read and interpreted. Typically, this software is
sufficient to evaluate the records of accidents. Naturally,
with UDScience is not possible to deviate from the typical
acceleration sensors or to calculate the speed based
on them. Beside this, it allows the to present the data
in ASCII format and it can be processed using current
programs, such as Excel.
Till now all versions of assessment software determine
the speed using third-degree relationships. In what
follows, we show some restraint in this assessment.
Figure 3 shows the same UDS record in three
stages of the evaluation software. Although the record
does not show any change in content, the evaluation
possibilities however differ between them. The record
reffers to an accident between a Pkw that was braking
and vehicle coming from the opposite direction. In
UDShow software, the speed up to the start of braking
can be read with sufficient accuracy, Figure 6.7.3. Other
evaluations, such as, for example, the impact velocity
are not possible: the wheel speed does not match the

a) UDShow: indic viteza, pe baza turaiei roilor i


semnalelor de stare
b) UDScience: indic suplimentar acceleraia
Fig. 3 Graphical representation of the file content using
different software

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571

c) UDScope: indic viteza, prin integrarea acceleraiei


Fig. 3 Graphical representation of the file content using
different software

vehicles speed. Conversely, with UDScience software


braking deceleration can be read, which can be used
to calculate the impact velocity, Figure 3b. UDScope
software, determines the impact velocity by integrating
the acceleration, Figure 3c.
6.6. Records assessment
6.6.1. Minutes, UDS passport, time
The minutes (protocol) contains the necessary
information to assess, control and order the UDS data.
The passport, Figure 4, contains specific data regarding
both UDS and vehicle. In addition to the registration
number, it also contains the chassis series, which can
be checked on the vehicle.
a) UDShow: shows the speed based on wheel speed
and status signals
b) UDScience: additionaly indicates the acceleration
c) UDScope: indicates the speed by integrating the
acceleration
In the passport is also stated which wheel helps taking
the road impulses. As vehicle speed calculation is based
on these impulses, the size and tread depth of the tire
should be compared with the real ones. If necessary,
the gear ratio from the wheel to the speedometer will be
recalculated. A correction of the data already stored in
the UDS is not possible, it can be changed only when
it is subsequently processed. The recording error of
the UDS, rises to a maximum of 3% due to the vehicle
speed changes caused by the tire tread or its internal
pressure.
Additional data includes the differences between the
UDS and the time recorded by the computer, figure 5.
UDS clock is set by its manufacturer or the one who
installed it on the car and since then it runs as a timer,
regardless of the changes that occur between the official
time of summer and winter. The sooner the time elapsed
since the road event is read, more credible it becomes.
It should be taken care so that the computer time
is set accurately. Any error made in this regard can
not be corrected later and it usually becomes difficult
to detect. Especially in cases of fraud, it plays a key
role coordinating the UDS registration time and the time
when the accident is invoked to have taken place. It is
therefore recommended that the computer time should

572

Fig. 4 The device passport


Legend:
- Fahrzeugdaten = Data regarding the vehicle
- Amtl. Kennzeichnen = Official name
- Typ (Bezeichnung) = Trade Name
- Fahrzeugstellnummer = Chassis Series
- Reifenkennung = type of tires
- Mittlere Profiltiefe = medium profile depth [mm]
- Km-Stand = traveled km
- Statusbelegung = status of the accident
- Fernlicht Zndung = Ignition beam
- Bremslicht = brake light
- Standlicht = heading lights
- Blinker links = left turn signal
- Rckfahrsch. = reverse lights
- Blinker rechts = right turn signal
- Nebellampen = fog lights
- Fahrlicht = headlight
- Nebelrckleuch beam. = Reverse fog lights
- Einbaubesttigung = Installation feedback
- Plombencode = seal code
- Einbaudatum = Date of sealing
- Einbaukommentar = Commentary on the installation site
- UDS des unter dem neben Abdeckung Wagenheber links
= UDS under the hood to the left of the jack

Fig. 5 Additional Information


Legend:
- 10.Bereich - Automatisch vom 12/03/2003 17:35:19
[ = 0.08] = 10th Zone - Automatic recording since 12/03/2003
17:35:19 [ = 0.08]

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

- Computerzeit = computer time 10/04/2003 11:47:02


- UDS-Zeit = UDS time 10/04/2003 10:35:19
- Uhr geht nach-UDS = UDS clock is behind with 0 days,
1h, 1143
- Korr. Ereigniszeit = exact time of the event 12/03/2003
17:47:02
- Korrigiert Sommer / Winterzeit = Correction Summer/
Winter Time -1.0 h
- UDS-Seriennummer = UDS Series 71672

be set with clock controlled through radio waves, or to use


an atomic clock, for which already exists free software
on the Internet, such as, for example, TimeSync.
Theoretically, UDS data could be compared with
the program used for switching of traffic lights, thereby
determining whether there was any violation of passing
a red light. Practically, however, as long as the traffic
light installation is controlled by a central computer and
does not take into account the traffic instant need, this
method does not work. When the running program
of the traffic installation is coordinated by a precise
clock (with pulse radio frequency), between the onset
command of switching and the real switching of might
appear differences of several seconds.
The information about the distorting of UDS
functioning can be selected and transferred as error
codes. The software points out these disturbances
as text, otherwise the intervention of UDS builder is
required. In analysis stage, it must be checked the extent
to which such an error could influence the recording.
Naturally, errors due to UDS mounting procedure and
signal reception state (of a possible object encountered
on the road - note trans.) are not taken into account.
The last line of the additional data contains a review
that can be added using the computer keyboard, where
you can see who has read the UDS information and
which was the mileage of the car (at that time). Moreover,
the additional data contain the moment when UDS data
(information) were deleted, thus being able to ascertain
whether or not there was an accidental file deletion.
2. Reporting vehicle status, speed, acceleration
Bidimensional movements of the vehicle can
be reconstructed with UDS data. The analysis and
evaluation of UDS records beside the fundamental
knowledge of dynamic movement, it is an advantage
the experience gain in evaluating the movement
dimensions. In other words, you should already know
how acceleration affects, for example, driving into a
curve, or a slippage, not last the developments of the
steering angle. UDS sensors measures acceleration
and steering angle independently, without relying on the
state of motion of the vehicle. Even if the status signals
are erroneous, these data are notified and registered.
Evaluation software can carry out the verification of the
status contacts of a motor vehicle while driving.
UDS data are partly redundant (Dictionary:
redundancy = abundance of information), so a plausibility
check should be run down. For negative acceleration, ie
reduction of speed, braking is recognized by Bremse
signal (brake). Transverse acceleration must conform
to the steering angle and eventually to the Blinker
signal status (signaling the intention of turning). For the
travels without slippage, the radius of curvature of the
road and vehicle orientation can be calculated from the

transverse acceleration and speed of translation thereof,


afterwards they will be compared with the steering angle.
UDS errors or defects, a false frequency of the pulse
generated by the road or the wrong installation of the
device can be detected by comparing different signals.
A defective sensor, a missing or false tachometer signal
are not likely to lead to the conclusion that the entire
record of the UDS is unusable. In principle, this fact is
important, especially when using UDS recorded data is
questionable because of a defect.
Gravitational acceleration acts unconditionally and
unwanted on the acceleration signals, whereas the
angular position of the sensors is changing - either static,
because of the slope of the road, or dynamic, through
pitch/ roll due to the vibrations produced by it. Besides, it
must be taken care in otder to make the measurements
in a fixed point of the vehicle, various points of the car
are subject in an action of different accelerations. For
example, when the UDS is located relatively up - under
the hood - accelerations due to the form of the vehicle
are measured. This means that for determining the route
of the vehicles gravity center measurements should be
corrected by transposing them to this point.
In extreme maneuvers, UDS values may have
deviations of 0.1 ... 0.8 m/s to correct values. At a
resolution of 0.04 ... 0.13 m/s of UDS sensors, this is
taken into account. Besides, the deviation in transverse
direction is higher than in longitudinal direction because
the amplitude of transverse oscillation can reach 5 ,
while longitudinal oscillations can not exceed more than
3 . For studying the dynamics of driving UDS data must
be corrected accordingly to the pitch and roll angles
influences. Medium estimated value to compensate
pitch angle is 0.2 m/s, and for roll angle of 0.3 m/s.
Thus, the average value statistically determined with
which the two accelerations should be reduced are: 3 ...
5% for longitudinal and 5 ... 9% for transversal.
As with any measuring device, the accuracy of the
evaluation depends on the quality of the recording.
There are a number of influences that can slow down the
assessment. Among these are included, for example,
the poor attachment of UDS or its position in the vehicle
in a place where strong oscillations can occur, such as
they influence the acceleration signals from the sensors.
This is manifested by a so-called noise signal. So, the
possible failures are not related to the inaccessibility of
the UDS or of the recording evaluation software, but by
some mounting mistakes.
As a rule, evaluating the angular signal causes
some problems. Gravitational field is comparatively
weaker, is often subject to local disturbances, one of the
disturbance factors being the vehicle body. For example,
the residual magnetic field influences the body of the
car when it passes through a metal bridge or under a
high voltage line. It is therefore recommended to align
(adjust, compensate - note trans.) the angle signal to
the data of the other sensors. Even a collision, by the
deformation of the body is able to influence the residual
magnetic field, especially when deformations refer to
the location of the UDS. The software calculates the
steering angle only until the moment before the impact.
Therefore, the lack of data regarding the steering angle
after impact is not a device failure, but is subject to the
software.

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573

In general, simple driving maneuvers (unidimensional)


cause longitudinal acceleration, driving forward and
braking in reverse are described as positive acceleration.
For reverse driving, tachometer signal is also positive.
However, both these maneuvers can be distinguished, if
accelerations are compared with the wheel speed signal
or a state signal (reverse light, brake light).
Driving in curve is defined by transverse acceleration
and by the changes of the angle of travel. Curves to
the right or left appear in the UDS with different signs.
Positive transverse acceleration are related to the curve
running to the left, while positive ones are describing
driving into a curve to the right. A collision on the right is
indicated by a positive transverse acceleration. Wheel
slip to the right is also described by a positive transverse
acceleration.

Fig. 6 Power forward, stop, then start in reverse and


braking

- using Bremse signal (brake) and speed reduction


- that it has past to a positive acceleration. This leads
to the conclusion that the installation data of the UDS
were listed incorrectly in his passport. A collision of the
front leads to a positive acceleration. In this questioned
case, the vehicle was not pushed forward, but it first
started in this direction and then got hit from behind.
The strong effect of interpolating of the tachometer
signal results in the fact that the collision speed can not
be read in case of an direct impact (without breaking):
post-impact velocity influence spline function (?) and
with this the speed displayed.
The tachometer signal is connected to the wheel
speed. When their speed is differentiated results the
vehicle acceleration. As a function of wheel rotation,
acceleration can be compared with the longitudinal
acceleration measured by UDS sensor. In this way,
can be recognized the state of locking or rotating of
the motion wheels. (Most often, the pulse generator
is placed at the exit of the gearbox.) Wheel speed
differentiation increases the rotational speed, ie
acceleration, while the vehicle longitudinal acceleration
(measured by the UDS sensor) is lower. Vehicle speed
is calculated by integrating the longitudinal acceleration,
then it is compared with the wheels speed. Figure 8
shows a race test with the driving wheels overcharged:
despite constant acceleration, vehicles speed does not
increase further.

Fig. 8 Overspeed wheels

Fig. 7 braking or acceleration - misinterpretation due to


wrong indication of the UDS mounting position

In Figure 6 is presented a recording of a driving


maneuver in which a vehicle is moving forwards, then
it is slowed down until it stops, afterwards it starts
again in reverse and is slowed down to a complete
stop. While on top of this description the rising speed is
made with positive longitudinal acceleration in the lower
part the rising speed is due to a negative longitudinal
acceleration. That means that even in the absence of
Brems (brake) and Rckfahrscheinwerfer (reverse
light) signals it can be determined when the vehicle
went in reverse.
If in the passport of the device its mounting is erroneus
described, in case of a superficial examination it may
happen to appear erroneous conclusions regarding the
way the vehicle was driven and the collisions. At first
glance, out of Figure 7 results that the vehicle was first hit
from behind. Looking more closely, it appears, however

574

Fig. 9 Wheels lock in case of a total braking

In the same mode can be recognised the block of the


driving wheels, Figure 9
Wheels speed decreases rapidly to zero, time during
which a clear deceleration of the vehicle is measured.
In this case, the speed is calculated based on the
acceleration, starting from the speed of tachometers.

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

Starting value must be chosen in an area of nearly


constant speed. Speed based on the signals sent by
the driving transducers is more correct than the one
indicated by the tachometer, as device manufacturers
say, the tolerance between them stands at 3 km/h.
However, tests have showed smaller deviations, approx.
1 km/h. The device passport contains data regarding
the wheel size and the tire tread depth - descriptions
that can be controlled - and by which we can determine
the frequency of the emitted pulses (number of pulses
per unit of time). Due to different tire sizes and depths
of the profiles can appear deviations of 3 ... 5%.
In general, when there is no speed signal recorded,
maximum tolerances must be taken into account.
Assessment errors can be minimized if the distance
resulting from the acceleration is faced with the real
one, the one traveled, of course when it is known.
UDS recording allows getting to some conclusions
in regards with the response or the manoeuvre made
by the driver. Often, in cases in which someone tries
to mislead the investigators, either declares that the

lights turn off, so the time of the signal status Bremse


(brake) is extremely small. The driving test reported
above lead to the conclusion that it is impossible that
the foot may have slipped off the brake pedal but rather
the pedal was released intentionally.
Such maneuvers are also recommended for changing
the driving lane. Figure 11 shows a normal change of
the driving lane to the left. Typical for such maneuvers is
the bow to the left of the trajectory, as evidenced by the
presence of transverse acceleration. After this, there is
a motion directed to the right, described by the negative
transverse acceleration.

Fig. 11 Changing lane to left

Fig. 12 Driving to the right with the steering wheel braced

Transverse acceleration is bigger when the driving


lanes are changed faster. With a driving test by
comparing these drawings, it can be showed clearly if
the band was changed quickly, normal, or rather slowly.
Usually, by theoretical considerations, it appears that
the vehicle equipped with UDS has changed the lanes
abruptly.

Fig. 10 complex maneuvers for driving a vehicle

car driver could not brake before the accident or that


he slipped his foot off the brake pedal. Figure 10 a
shows such a situation, in which the driver of the vehicle
pretends to have braked heavily, but he slipped his
foot off the brake pedal. The chart below shows the
recording of a person that simulates that his food slipped
on the brake pedal. It is clear that in such a situation,
in which the foot slips off the brake pedal, the vehicles
deceleration decreases quicker. Besides this, the time
elapsed since the end of deceleration and the brake

Different assessments are possible regarding to the


block of the wheels. Figure 12 shows how a car turns
right, from parking position, with the wheels braced.
Because the wheel turned while the vehicle was still
stationed, transverse acceleration occurs only when it
moves. In this case, it must be taken into account the
position of the UDS: in case of driving in a curve to the
left, the UDS-fitted behind the rear axle tends to steer
to the right. With some experience in evaluating the
UDS data, different processes of driving vehicles can
be discovered.
UDS recording in Figure 13 shows the automatic
data stored about a car that was not involved in any
accident. The automatic recording was triggered due
to an extreme driving mode: when going on a curve,

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

575

it crossed a border of 5 cm hight. In this way, the


threshold of the UDS registration was exceeded.

Fig. 13 complex maneuvers

The recording in Figure 13 shows the following


driving process: first, the car is braked to stop in straight
direction, going forward, section a). Then, the driver
accelerates in reverse and turns heavily to the right,
section b). The car is braked and then accelerated in a
curve to the left, section c). In the end, he turns right at
the same speed, section d). In such a case, despite the
drivers misstatements, with the UDS records regarding
the steering angle to the magnetic north pole can be
found the walking distances covered between curvilinear
portions and, thus, the location of the accident can be
determined and the way the vehicle was driven may
be understood. In this case, the danger to which are
exposed traffic partners was examined.

angle and acceleration. Figure 15 shows the UDS


registration of a motor vehicle which has rotated about
140 clockwise. The diagram in Figure 15b shows the
car turning counterclockwise with a large angle.
6.6.3 Trajectory Reconstruction
Currently, none of the evaluation programs does
not allow the reconstruction of the trajectory. However,
some simple driving processes in pre-impact phase can
be presented as trajectory by processing subsequent
ASCII data. Theoretically, the trajectory can be
calculated relatively simple by double integration of
acceleration. The direction shall be deducted from the
steering angle data. In simple maneuvers, yet it remains
the problem of the roll and pitch movements. However,
the signals are not always at such a quality level as to
make possible a problem-free assessment. Besides,
the examples discussed show that many records can
be evaluated without knowing the trajectory. If needed,
in some isolated cases the manufacturer of the UDS
can be appealed.
Figure 16 shows the trajectory resulted from a trick at
the scene of the accident, the assessment being made
with a computer program (Excel). On top of figure 16
can be seen that UDS registration.
Later, the road map can be established using the
trajectory. It is good to know that, strictly speaking, the
trajectory which is calculated is the one of the UDS.
Data transformation is required to obtain the movement
of the vehicles center of gravity. The issue raised earlier
leads to this, namely that related to the measurements
of the mounting position of the UDS.

6.6.4. Other recording systems


Map-recorder type RAG
In Switzerland, these recorders manufactured by
Mobatime Swiss AG were introduced, among others,
not only by the army, police and firefighters, but also by
the means of transport - trams and buses - (over 10,000
pcs.). The latest versions consist of a stopping gadget
Fig. 14 collision produced between a truck and a and a data memory.The recorded data can be used by
pedestrian
the user, device manufacturer, and Zurich city police
and other authorized companies or individuals.
Figure 14 shows an accident in which a pedestrian is
As UDS does, the device records in a circular chart
involved. Despite the difference in masses, the automatic status signals and vehicles speed. Map-recorders type
recording is triggered, although it is not always the case. RAG 2000 + store data regarding the last 12 km and can
In the recording, the impact can be recognized by the retrieve 8 data inputs related to the vehicle condition,
strong growth of the longitudinal acceleration.
and those based on time, type RAG 1000, are recording
Motion wheels did not stuck because they were 1200 s of driving. From the legal point of view, the
equipped with ABS. The speed resulting from wheel
recording of
rotation, in this case corresponds with
the
last
the actual speed of the vehicle. It is not
traveled 250
always lik this, the situation depends on
m is provided,
the presence or absence of the ABS.
which means
Therefore, it is appropriate in such cases
30
s
of
to calculated the speed on the basis of
running before
the longitudinal acceleration. If you
stopping.
know the final position of the crashed
Speed
is
vehicle, it can be inferred from the UDS
calculated
data the exact position of the impact and
with the to go
entry into the zone where the accident
pulse counter,
could have been avoided.
and by the
A walk in a curve without skidding
quartz
time
and drifting is recognized by the steering
t
r
a
n
s
d
u
c
e r,
Fig. 15 slips

576

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

T raffic Safety Administration) and became law [N1].


First of all, data standardization had to be recorded. It
was necessary for the latest beneficiary of an EDR to
report that his vehicle is equipped with such a device.
According to NHTSA, the data are not used only
for accident reconstruction, but also to increase traffic
safety. The recording of state data on the use of
safety belts and the airbags control lights shows that
the manufacturers main purpose is to protect himself
against unjustified allegations regarding the given
guarantee. On the other hand, the law gives device
manufacturers the free choice of to register or not the
longitudinal and transverse accelerations, which are
needed in reconstruction of accidents.

Fig. 16 UDS data and the trajectory for a simple driving


manoeuver

the measurement range is 200 km / h with a max error.


1%, the precision of the quartz clock is 25 ppm. It is
this limit of error in measuring the velocity that claims a
correct metering of the pulse in connection with the road
map. Deviations induced in the metering by changing
the wheels, the tires profile and their air pressure, are
additionally taken into account when calculating the
error, although the profile and the tire pressure does not
affect the recording more than 3%.
Accelerations are not a subject to any measurements,
so that the indications regarding the lateral acceleration
are practically unavailable. Longitudinal acceleration
and speed are calculated based on wheel speed, so that
systematic errors may occur in case the wheel blocks or
spins freely. The device does not have a trigger function,
this system is relying on the acceleration signals, which
are not available.
Event Data Recorder (Road events recorder)
The airbags of Ford and General Motors vehicles
are equipped with such an Event Data Recorder
(EDR), their reading is possible only with software
and hardware products made by Vetronix company.
Besides vehicles speed frequently registered, with
great regularity is registered the position of the brake
and accelerator pedal. Additionally, usage of safety
belts and the control lamps of airbags are checked. The
number of size and the frequency of their registration
depends on the version of the device. For example, the
recording can start 5 s before the accident and end at
300 s post-impact. Some EDRs may not be fully aware
of extended collisions because the recording stops after
150 ms. The recording rate is variable depending on
the signal, for example, between 100 Hz to change the
speed and 2 Hz for pre-impact speed.
In mid 2006, the minimum requirements of EDR
records were submitted by NHTSA (N ational H ighway

Other recording devices


Some crash recorders are very much like the UDS
produced by Siemens VDO. Status signals, speed
and acceleration are similary by the RSG (even
Gemini Explorer System) and by Bawmonk Incident
Data Recorder. Both these devices collect traffic data
(management system of the car), but with a triggering
algorithm they can recognize road events and their
underlying data. In the case of the black box produced
by IBM, velocity and acceleration are calculated based
on GPS data, the impact is detected by a detector with
untold details. Through three-dimensional acceleration
sensors, serial devices manufactured by Lamerholm
Electronics Ltd. are able to identify vibration during
transport. Such records can also be used to analyze
an accident.
Electronic map recorder (tachograph chart)
Firstly, it serves for tracking real driving time and
rest time of a driver. He can distinguish between actual
driving time and the breaks made by the driver. Specific
driving and rest data of the driver are recorded on a
circular diagram, for a period of 28 days. Additionally, the
running speed and the distance traveled are recorded, the
latter being protected against counterfeiting. Besides, it
contains the vehicles speed, which was regitered in the
last 24 hours. Regarding the specific vehicle data such
as registration number, size and circumference of the
tires and mileage to-date situation can be coordinated
as needed. Based on the data contained in the diagram,
driving times, inspection/verification, etc.. of the vehicle
can be distinguished separately.
Speed is read by a wheel sensor, encoded data is
transmitted to the ownerof the unit of the vehicle. Order
EG 1360/2002, Annex 1B in particular, describes the
minimum technical requirements to be met by vehicle
manufacturers. Among other things, the recording of
the frequency should be made at a frequency of 1 Hz.
Siemens tachograph chart records additional data at
a 4 Hz frequency in each of the three circular diagrams.
At each stop, the chart is taken and replaced with
another circular diagram. This way, the existing data are
protected against counterfeiting them. The recordings
can be downloaded only with a Downloadkey from
Siemens and only by its authorized personnel.
6.6.5. Conclusions
The interpretation of a UDS record is likely to bring
the first information about the accident. In particular,
it is shown the behavior of the driver when he is

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

577

approaching the scene of the accident, even if on the


roadway remains no trace. Some special problems can
often be clarified by UDS data without any knowledge
about the circumstances related to that road event, but
only through a comprehensive analysis in which UDS
data will be linked to the accident site. The location of
the accident is made with a sketch. UDS data can be
taken starting from the final position of the vehicle or
if the crash scene is known, it is automatically filled in
from a millage-time or millage-speed chart. With the
recording of the UDS, the evaluation of the bandwidth
becomes an issue much less difficult.
Bibliography
[B1] Barth, J., W. Gutsche, Wiesbaum, S., Kast, A., Berg,
FA, Grandel, J. Kienzle Der UDS - Auswertungen von zur
Qualifizierung Referenzunfllen des Systems (Evaluations
of the reference accidents with UDS data) VuF 32 (1994),
23 and 32-34
[B2]
Berg, A., Mayer, U.
Unfalldatenspeicher
Informationsquelle als fr die in der Unfallforscung PreCrash Phase (Accident data recorder regarding the accident
as information for the research of the accident in pre-impact
phase) Basta-Bericht Fahrzeugtechnik, Heft F23, Bergisch
Gladbach 1997
[E1] Engels, K. Die Entwicklung bis zum Beginn
des Unfallschreibers UDS-der Entwicklung (Evolution of
accidents recorders until the occurrence of UDS) VuF 30
(1992), 62 ff
[E2] Schmidt-Kotte, R., Kast, A.; Labbett, S., Steffan, H.,
Brenner, M. Vehicle Event Recording based on Intelligent
Crash Assesment (VERONICA) Study On behalf on the
European Commission, Directorate-General for Energy and
Transport Final Report, December 2006 (in print); abrufbar
unter: www.siemensvdo.com / veronica
[F1] Frbeth, V., Klose, W. UDS-ALK-Projekt (UDS
draft -ALK) VuF 36 (1998), 94-98

On the National day of Romania,


December 1st 2010, by presidential decree,
the following members of the Romanian
Forensic Association have been promoted
to the rank of police quaestor:
1. Mr. chief commissary GABRIEL RU,
director of the Forensic Science Institute
within General Inspectorate of Romanian
Police, vice-chairmen of the Romanian
Forensic Association
2. Mr. chief comissary VASILE VIOREL,
director of the Directorate for Investigating
Criminality within General Inspectorate of
Romanian Police
The Board of directors congratulates
them and wishes them great successes
in their activity, in establishing justice in
Romania.

578

[H1]
Hugemann, W.; Schimmelpfennig, KH Der
Unfallschreiber
Funktionsprinzipien,
Genauigkeit,
Auswirkung auf die Ttigkeit des Sachverstndigen (The
accident recorder - operation and accuracy principles and
its impact in experts activity) VuF 30 (1992), 49-59
[K1] Kolley, K.; Zootnik, E. et al. Unfalldateschreiber
(UDS) fr Fahrzeug Phase II (The data recorder regarding
accidents (UDS) Schlussbericht der ARGE UDS, Berlin
1991 (UDS ARGE Final Report, Berlin 1991)
[L1] Lhle, U., Meininger, I. Technische und rechtliche
Aspekt der Auswertung des UDS (technical and legal
aspects of UDS data evaluation) VuF 31 (1993), 11-14
[N1] National Highway Traffic Safety Administration
(NHTSA). Event Data Recorders, Final Rule (49 CFR Part
563) [Docket No. NHTSA-2006-25666] U.S. DOT / NHTSA,
Washington, DC, 08/28/2006 Abrufbar unter (accessible
under) http://dms.dot.gov
[S1] Schmidt-Cotta, RR Rechtliche und Politische
Aspekt der Unfalldatenspeicherung. Zugleich ein Betrag
zur nicht nur bei Beweisproblematik Massenunfllen (legal
and political issues of storage of accidents data. In the
same time, an amount of evidence relating not only to mass
casualties) VuF 38 (2000), 303-308 and 39 (2001), 19-24
[S2] Strzelez, R., Kast, A., Rau, H. Erweiterte
Mglichkeiten aus der Unfallsachenanalyse UDS-am
Beispiel eines Aufzeichnungen simulierten Autobahnunfalls
(Expanding the possibility of analyzing the causes of
accidents recorded with the UDS, for example: the simulation
of an accident on a highway) VuF 35 (1997), 238-248
[U1] Ueli, H. Die und Restwegaufzeichnungsgerte
RAG 1000RAG 2000 (Map recorders RAG 1000 and RAG
2000) Vortrag EVU-Jahrestagung (EVU Annual Conference)
Zurich, 2003
[W1] Wiek, A. UDS Die-Plattform - Ein Hilfsmittel zur
einfachen und schnellen Anwendbarkeit des von VDOKienzle UDS Messgert als fr den Sachverstndigen (UDS
platform - a tool for quick and easy to reach by experts) VuF
37 (1999), 237-240 .

With the occasion


of the N
New Year,
2011, tthe Board
of direc
directors of the
Romanian Forensic
Romani
Association sends
Assoc
to all
al members
and forensic
an
sspecialists
wishes of
w
good health
g
and great
successes
in their
activity.
HAPPY
NEW YEAR!
N

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

THE ROLE OF THE FORENSIC TECHNICALSCIENTIFIC FINDING IN THE PROBATION OF


THE AUTHORS CULPABILITY
IN A HOMICIDE CASE BY SHOOTING
ROLUL CONSTATRII TEHNICO-TIINIFICE
CRIMINALISTICE N PROBAREA VINOVIEI AUTORULUI
NTR-UN CAZ DE OMOR PRIN MPUCARE
Police commissary GOA DUMITRU PhD.
Chief of the Forensic Department in Sibiu
Abstract
Any violent action made with to shoot on the human body, usually leaves visible traces
on the body, in the place where the direct contact with the injurious object took place.
The causes of the production of the traces on the human body can be violent attacks
(intentional or unintentional), autoagressions, accidents or catastrophes reason for which
research at the place is necessary to take place according to the studied methodologies
and experience accumulated over the years.
Key words: murder, injuries, plagues, research at the place.
Rezumat
Orice aciune violent produs prin mpucare asupra organismului uman, las, de
obicei, urme vizibile pe suprafaa corpului, n locul unde a avut loc contactul nemijlocit cu
agentul vulnerant.
Cauzele producerii urmelor pe corpul uman pot fi agresiunile violente (intenionate sau
din culp), autoagresiunile, accidentele sau catastrofele, motiv pentru care cercetarea la
faa locului este necesar s se desfoare conform metodologiilor studiate i experienei
acumulate de-a lungul timpului.
Cuvinte cheie: omor, leziuni, plgi, cercetarea la faa locului.

Through their dynamics, the crimes of homicide


by shooting require special efforts of the prosecutors,
forensic investigators and judiciary officers during crime
scene investigation, in order to clarify the circumstances
and the concrete ways in which the authors have acted.
Firearms are a special category of vulnerable agents,
gunshot traces having a special place in general and medicolegal pathology and in forensic science.
In judiciary practice it has been emphasized that the
establishment of the way in which the victims life is taken
is possible based on a group of data collected during the
activities of carrying out scientific-technical and forensic
investigation and on the scientific exploitation of the traces
and means of evidence found at the crime scene.
The investigation of the deaths occurred as a result of
using firearms begin with the crime scene research, as a
procedural and tactical forensic activity, whose object is the
direct perception of the place where the crime occurred,
the search, discovery, development, secure, pick up
and examination of traces and other material means of
evidence.
From the complex crime scene investigation team,
necessarily must take part the coroner, the forensic specialist
and other professionals, led by the prosecutor.
The collaboration between the three specialists largely
conditions the subsequent success of the investigation and
it imposes as a clear objective in establishing key issues that
need to be answered, such as: determining the distance and

direction of firing, the possibility of selfinjuries etc.


If it is found at the crime scene, the body is the main
carrier of traces.
By firearms traces we understand those changes that
appear on different objects (including human body), after
their use, as a result of dynamic, thermal and chemical
phenomena, which attend the shot.
Between the traces searched at the crime scene, we
enumerate: firearms and their ammunition; the projectile
(the bullets); fired tubes (the place where are found allows
reconstruction of the gunman and the victims position);
projectiles traces on objects at the crime scene, projectiles
traces on the victims body and clothing and traces created
by gunshot additional factors.
Forensic science defines primary traces as dynamic
traces that appear by using firearms, and subsequent traces
as being the result of thermal and chemical phenomena, that
occur in the barrel and are manifested to a certain distance
from it (allowing the establishment of the entrance and
helping to draw the firing distance).
The traces created by projectiles, considered as the main
(primary) one, are divided into three categories: drilling,
penetration and ricochet. The drilling ones are characterized
by three distinct elements: the inlet, the channel and the
outlet, and the penetration ones have only the inlet and the
channel at the end of which will be the projectile.
In tangential striking there can be formed abrasions or
wounds similar to those caused by blunt objects.

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

579

There are a number of outstanding issues concerning


the investigation of homicide by unknown authorship; deaths
by use of hunting weapons or by compressed air weapons
(air guns) or modified weapons (own construction, cut off
pipe, use of improper ammunition), which create a variety of
atypical injuries and traces that we have not shown here in
order not to leave too much the proposed subject.
The basic element in forming a team for the forensic
investigation of a death by gunshot is the confidence
in the competence, objectivity and honesty of the other
co-participants because it is very hard to build on a
quicksand.
I believe that by establishing scientific truth for each case,
forensic science can offer to the society a compelling picture
of the role of this discipline, for a fair legal qualification of
crimes against life and thereby an accuracy of sentences,
but also a crime prevention.
The crime scene offers the most opportunities for
collecting, securing and picking up traces and material means
of evidence, for their interpretation and scientific control,
through technical-scientific researches, forensic expertises
or investigations of other nature.
The pick up of all evidence and material means
of evidence, technical-scientific ballistic investigation,
subsequently carried out, have been decisive activities for
the management of evidence in order to find the truth, form
a certain belief and prove the guilt of the homicide author, in
concurrence with the crime of poaching, committed on the
so-called Klaus-Friedrich Zerbes, from the village of Dupu,
Sibiu County, on the 03rd of May 2009.
On the 3rd of May, 2009, around 17.30, angry that one of
the owned hunting dogs fled on the field after he attacked his
wife, the defendant Rotar Zaharie decided to shoot it, so in
the unincorporated area of the Dupus locality, Sibiu County,
in the area called The Dupu Pit he fired a shot, with his
bullet hunting gun, legally owned, without respecting the
precautions necessary to ensure that on the shot direction
there are no persons or goods that could be harmed.
Due to careless, the fired projectile met in his path the
head of the so-called Zerbe Klaus Friedrich, who was
standing on the shot direction at about 120-150 m away from
the place where the defendant has fired.
The impact of the projectile with the victims body ended
with a gunshot wound in the parietal-occipital region, grievous
bodily harm after which, at short time, the victim died.
After founding out about the deadly shoot of the victim,
the defendant contacted, by telephone, the head of the P.P.
Brateiu, Sibiu County, who he reported what happened and
then expected the arrival of the crime scene investigation
team.
As a special event, at the crime scene has arrived
a complex team headed by homicide prosecutor IOAN
BOOC, consisted of the coroner and the police officers in
the Criminal Investigation Department, Forensic Department
and Weapons, Explosives and Toxic Substances Department
in Sibiu.
It was ordered a technical-scientific ballistics report, made
out by experts of the Forensic Department (Police Chief
Agent Bora Eugen), which concluded that: The weapon
and the ammunition which are subject to investigation are in
perfect condition; inside the weapon barrel there are traces
showing that it has not been cleaned since the last firing;
the cartridge tube in dispute was fired with the weapon
type UMC, raised from the defendant; the fragments of
ammunition taken from the cadaver of the so-called Zerbe
KLAUS - Friedrich come from bullets calibre 5,6 and one
of these pieces of ammunition have personal identification
elements on the basis of which it was concluded that it was
fired with the corpus delicti weapon.
Based on this mean of evidence, corroborated with the
other evidence, the defendant Rotar Zaharie was prosecuted
for the offense of manslaughter.
In conclusion, from those presented in this study
and considering other investigated cases of homicide by

580

shooting, it can be said that a special role in conducting an


investigation is represented by the technical investigations
and complex expertises ordered, with scientific and logical
arguments.

Fragments of ammunitions extracted from the cadaver

Four cartridge tubes resulted from experimental firings


with the weapon in dispute and the bullets with which they
were equipped, respectively

Fragments of amunition extracted from the body


Footnotes
1. Vasile U?ic, Bujor Florescu - Investigation and analysis
of high violent crime, M.A.I. Publishing House, 2003;
2. George Pescu - Interpretation of forensic crime scene,
National Publishing House, Bucharest, 2000;
3. Collective - Treatise of Legal Medicine, Vol I and II,
Medical Publishing House, Bucharest, 1995;
4. Terbancea M - Injuries and death caused by firearms,
in the Introduction to theory and practice of legal medicine,
volume I, Dacia Publishing House Cluj-Napoca, 1978;
5. Macelaru V - Judicial Ballistics, M.I. Publishing House
Bucharest, 1972.

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

THE TRACES PRODUCED BY THE FIREARM


PROJECTILES ON METAL SHEETS
URME PRODUSE DE PROIECTILELE
ARMELOR DE FOC N TABL
Univ. reader Gh Pescu PhD. - approved forensic expert
Paul Chende - official forensic expert, Maramure County Police

Abstract
This study was based on an experiment results conducted by the aforementioned
experts in respect to various thickness and composition of metal sheets as a result of
the impact made by firearm projectiles. These firearms may be used in the committing of
crime.
This article reproduces a small part of the study aimed at verifying the accuracy of which
forensic scientists may interpret the scene of crime when traces
(orifices) on metal sheet surfaces occur.
Key words: firearms, projectiles, path of a projectile, evidence metal sheet, ballistic
examination, trace interpretation, legal ballistics, semi-automatic pistol, automatic assault
rifle, crime scene, metal being pushed.
Rezumat
Acest studiu se bazeaz pe rezultatele unui experiment condus de experii mai sus
menionai cu privire la impactul proiectilelor armelor de foc asupra plcilor metalice de
diferite grosimi i compoziii. Aceste arme de foc pot fi folosite la comiterea crimelor.
Articolul reproduce o mic parte a materialului care a urmrit verificarea de ctre
criminaliti a acurateii interpretrii urmelor (orificii) de pe suprafeele plcilor metalice
gsite la locul faptei.
Cuvinte cheie: arme de foc, proiectile, traiectoria unui proiectil, prob, examinarea
balistic, interpretarea urmelor, balistica judiciar, pistol semiautomat, puc-mitralier,
locul faptei, ndoirea metalului.

In practice, forensic investigators face situations


in which bullets fired by firearms used in committing
crimes hit metal objects. The traces resulted from
such an impact are reference material elements for
the formulation of some relevant answers to the
questions often put in such cases, both in the crime
scene investigation point and in conducting forensic
expertise point, questions concerning the firing
direction, the type, caliber of the projectile and of the
firearm used at firing.
In order to verify the accuracy of the deductions that
can be obtained by examining and measuring this type
of traces, we carried out a series of experiments that we
will expose below.
Experimental firings were conducted on different
parts of board of different composition and thickness
at a distance of 5 meters, in right angle, with AKM
submachine gun, model 1963, caliber 7.62 mm (initial
speed: 715 m / s, diameter of the bullet: 7.82 mm, bullet
with steel core covered with casing and sticking pin) and
Makarov handgun, caliber 9 mm (initial speed: 315 m /
s, bullet diameter: 9.2 mm, bullet with lead core covered
with casing and round pin).

1. Firings with submachine gun caliber 7.62 mm


in pieces of board made of different materials with the
same thickness: iron, stainless steel and aluminum with
thickness of 1.5 mm.
Results:
The traces created in iron board have the form of a
circular orifice, with diameters from 7.84 to 8.07 mm.
Radial traces resulted from the rebord of the metal
in the direction from which the bullet comes can be
observed on the entrance (see photo 1). The extremities
of the rebords are covered with reddish substance taken
from the bullet casing, but not on the entire circumference
(it is possible the bullet
not to be entered in
a perfectly straight
angle, but slightly
inclined towards the
direction from which it
came), so that it can
be concluded that the
place where they do
not exist indicate which
Foto1. In trace of the bullet direction the projectile

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

581

came. On the outside, the material is more reborded, for


a length of up to 3.2 mm and it contains small traces of
breakage on the top side (see photo 2).

Photo. 7. In and out traces of the bullet


from the iron board with the thickness of 0.5 mm

Foto2 input. The out trace of a bullet


The traces created in stainless steel board - irregular
orifice of circular form and diameter from 8.45 to 9.82
mm. On the entrance, the board is bent in the bullets
travel direction, without the rebord tendency. (See photo.
3). On the outside, the material is reborded on a length
of up to 2.6 mm and is more pushed in the exterior. On
one side of the circumference, the reborded material is
breaking down and it can miss (photo 4).

diameter from 8 to 8.1 mm. On the outside, the material


is reborded on a length of 4.5 to 5 mm in the motion
sense and broken in star-shape (see photo 7).
The traces created in iron board with the thickness of
1.2 mm- orifice of circular form, with the diameter of 7.9
to 8 mm. To the exit, the material is reborded in the sense
of movement on a length of up to 5 mm. The breakage
of the material is not so obvious as to 0.5 mm (see photo
8).

Photo3. In
trace of the
bullet

Photo 4.
The out trace
of a bullet

The traces created in aluminum board orifice of


circular form, with a diameter of 7.7 to 7.9 mm.
On the entrance, it contains traces of reborded
material in the exterior, towards the direction from which
comes the projectile, radial disposed, but without visible
deposits taken from bullet casing (see photo.5).
On the outside, the material is reborded in the bullets
travel direction, on a length of up to 4.6 mm and it contains
small traces of breakage (cracks) on the top side (see
photo. 6).

Photo 5.
In trace
of the
bullet

Photo. 8. In and out traces of the bullet from


the iron board with the thickness of 1.2 mm

The traces created


in iron board with the
thickness of 2.5 mm orifice of circular form,
with the diameter of 8 to
8.15 mm On the entrance
it can be observed traces
of radial aspect, resulted
from the metal rebord in
the direction the bullet
Photo 9. The in trace of the
comes from (see photo
bullet in a 2.5 mm iron board 9 ). The outsides of the
rebords are covered with
reddish substance taken from the bullet casing, on the
entire circumference. To the exit, the metal is reborded
over a length of 2 mm and is pushed in the outside. The

Photo 6.
The out
trace of
a bullet

Photo 10. The out trace of the bullet


in a 1.2 mm iron board
2. Firings with submachine gun caliber 7.62 mm in
pieces of board made of iron with different thicknesses:
0.5 mm, 1.2 mm, 1.5 mm, 2.5 mm and 3 mm:
The traces created in iron board with the thickness of
0.5 mm- orifice of circular form, slightly angled, with the

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traces engraved on the bullet by the weapon pipe can be


seen from the channel walls (see photo 10).
The traces created in iron board with the thickness of
3mm - orifice of circular form, 8 to 8.3 mm in diameter. On

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

Photo 11. The in trace of the


bullet in a 3 mm iron board

the entrance it can be found


traces of radial aspect, as
the ones described at the
2,5mm board, but more
obvious (see photo 11).
On the outside, the metal
is reborded on a length
of 2 mm and is pushed
in the travel direction of
the bullet. The traces
engraved on the bullet by
the weapon pipe can be
seen from the channel walls
(see Photo11).

Same issues can be found at the traces created in


galvanized board as in the ones from the iron board
case, except the fact that the material is reborded on a
length slightly larger (4mm). (See photo.17 i 18).
Photo 17.
In trace of
the bullet
Photo
18. Out
trace of
the bullet

Photo 19. In trace of the bullet


Photo 12. The out trace of the bullet in a 3 mm iron board

3. Firings with handgun caliber 9 mm in pieces


of board made of different materials with the same
thickness : iron, stainless steel, galvanized board
and copper with the thickness of 0.5 mm:
The traces created in iron board orifice of circular
form, with a diameter of 9.02 to 9.2 mm. On the entrance,
the board is bent in the travel direction of the bullet,
without rebord tendency towards the direction from
which the bullet comes. (See photo. 13). To the exit, the
material is reborded in the outside on a length of up to
3 mm and it contains in the final area of the rebord very
small traces of breakage. (See photo. 14).

Photo 13. In trace


of the bullet

Photo 14. Out trace of the bullet

The traces created in stainless steel board - irregularly


shaped orifice (circular, showing a breakage zone), with
a diameter of 9.2 mm (see photo. 15). On the outside, the
material is reborded in the motion direction of the bullet
on a length of up to 6 mm. (see photo. 16).
Photo 15.
In trace of
the bullet
Photo
16. Out
trace of
the bullet

Photo 20. Out trace of the bullet

At the traces created in the copper board - circular


orifice, with a diameter of 9.05 to 9.2 mm. On the outside,
the material is reborded on a length of up to 4 mm and it
contains no traces of breakage in the upper region;
Conclusions
1. If the firing submachine gun is caliber 7.62 mm
- Due to very high speed, shape and composition
of the bullet, the orifice is larger than the diameter of
the bullet, except the board made of materials with high
plasticity (aluminum, copper, etc.);
- If the board is thicker and has a high resistance,
the metal is reborded on the entrance, pushed backward
(opposite to the firing direction) and creates a draw with
flower looking;
- The outsides of the rebords created on the entrance
of the bullet are covered with reddish substance taken
from the bullet casing, on the entire circumference or
only on a part of it;
- Always, on the outside, the metal is pushed forward
and eventually creates a truncated cone-shaped with its
edges breaking and becoming of star form.
- The traces engraved on the bullet by the weapon
pipe are visible on the channel walls.
- For aluminum and copper board (and other materials
with high plasticity), the shape of the orifice becomes
polygonal (For very thin and high elasticity board, the
shape of the orifice becomes polygonal);
2. If the firing handgun is caliber 9 mm:
- Due to much lower speed compared with AKMs, form
and composition of the bullet, the orifice can be smaller
than the diameter of the bullet. (In our experiments, it
was always smaller);
- The orifice is always circular;
- The orifice is smaller (the material tends to return to
its original form).
- The material is reborded only to the exit in the travel
direction of the bullet;
- The breakage traces of the reborded materials
edges are small, no star shape (or flower shape-like
when firing with the submachine gun).
Footnotes
1. Stainless = Stainless steel (alloy of steel containing
at least 11% chromium by mass)

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

583

A VALUABLE JUDICIARY MOTOR VEHICLE


TECHNICAL EXPERT:
ENG. MIRCEA FIERBINEANU
UN VALOROS EXPERT TEHNIC AUTO JUDICIAR:
INGINER MIRCEA FIERBINEANU
Col. (ret.) Professor VASILE LPDUI
editor of the Romanian Journal of Forensic Science
Abstract
This article presents Mr. Eng. Mircea Fierbineanu, judiciary motor vehicle technical
expert, member of the Board of Directors of the Romanian Forensic Association and
chairman of the Board of Scientific Research, who, through his performed studies and
investigations, as well as through numerous works published has become a personality
well known in the country and abroad. One of his methods, very appreciated by specialists,
consists in determining the speeds on the front impact through the decomposing of
movements.
Key words: valued judiciary motor vehicle technical expert; scientific works in the field
of judiciary and forensic motor vehicle expertise; own method.
Rezumat
n acest articol este prezentat dl. ing. Mircea Fierbineanu, expert tehnic auto judiciar,
membru n Consiliul Director al Asociaiei Criminalitilor din Romnia i preedinte al
Comisiei de Cercetare tiinific, care, prin studiile i cercetrile efectuate, precum i prin
numeroasele lucrri publicate a devenit o personalitate cunoscut n ar i strintate.
Una dintre metodele proprii, care a fost apreciat de specialiti, const n determinarea
vitezelor la impactul frontal prin descompunerea micrilor.
Cuvinte cheie: valoros expert tehnic auto judiciar; lucrri tiinifice n domeniul expertizei
auto judiciare i criminalistice; metod proprie.

Eng. Mircea Fierbineanu was born in


Bucharest on June 30, 1943, in Pantelimon,
where he made the middle school, then
graduated Iulia Hadeu High School, then
he followed the courses of the Faculty of
Mechanical Engineering at the Polytechnic
Institute in Brasov which he graduated in
1967, where he had something to learn
from renowned teachers in the field of
automotive, this was the only college in that
time. In 1980 he graduated a postuniversity
program at Bucharest Polytechnic Institute with grade 10.
In 1978 he became judiciary technical expert submitting a
special effort for improvement, developing and publishing
numerous papers in the field of judicial and forensic
automotive expertise, and in 2000 was licensed in PC
Crash accident simulation, successfully applying in his
works the European news, with which he was especially
noted. Although in 2003 he had a health syncope, he
continued to work in the field of innovation, developing
further scientific work. From 1992-1995 he worked as an
associate professor, where he first introduced the course
for expertising road traffic accidents. One of his works
of high scientific level Judicial and forensic automotive
expertise appeared in 2006, during which he published
his own method for determining the speed in the frontal
impact by decomposing the movements, which was

584

subsequently presented at the COMEC


2009 International Congress, Braov, 2930 October 2009, under the patronage of
FISITA, to celebrate the 60th anniversary
since Faculty of Mechanical Engineering
was established, which had a great
success.
Nearly ten years ago, engineer Mircea
Fierbineanu joined in the Romanian
Forensic Association, helping to increase
its role in the administration of justice, in carrying out
valuable forensic works, some of them were presented at
the international symposiums organized by the Romanian
Forensic Association or were published in Romanian
Journal of Forensic Science.
At the last symposium, held in October 2010, he
presented a very interesting black-box mounted on
vehicles, a device successfully used in U.S. and some
European countries, which records data such as speed,
acceleration and braking distance.
Taking into consideration his studies and performance
in scientific research, he was elected in the Board of
Directors Committee of the ACR (Romanian Automobile
Club), in the Scientific Council of the Romanian Journal
of Forensic Science and chairman of the Committee for
Scientific Research of the Association.

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

In recent years, through the


publishing house Little Star Bucharest, Mr.
Eng. Mircea
Fierbineanu published two valuable
works on which I set out below:
ROAD TRAFFIC ACCIDENT

theory and practice


2 volumes
Road events in todays traffic conditions
have become social phenomena, with
lost lives, most often young, very young.
The fact that the vehicle fleet has been
renewed in major proportion, while the
infrastructure - roads, have remained the
same, clearly contributes to promoting road
traffic accidents. As a judiciary technical (carcrash) expert, the author, following for a very long time
the evolution of car crashes, has proposed to develop
a scientific work in this direction, which will uncover
the methods and also the causes for these irreparable
losses. The paper deals in detail the proceedings for onsite investigation of road accidents by law enforcement
investigators, but also procedures for avoiding traffic
accidents. The book, in two volumes, is addressed both
to specialists in road accident analysis, to car-crash
forensic experts, to other categories of professionals in
the legal field and to students wishing to specialize in
accidentology, especially in these traffic conditions in a
infrastructure that needs a longer time to meet European
requirements. It is presented the study of accidents on
their type -vehicles class - especially the
modern methods of analysis
and
road
safety
through
satellite,
which
will
open
stages and methods
of
analysis
and
investigation of traffic
events, especially with
the personal computer.
The author presents
the analysis of some of
the most incredible car
accidents.

are additionaly required to help to identify the


facts that have determined the car-crash.
Research in road traffic accidents is very
often confused with simple measurements
of the accident site, usually it happens by
removing details that were necessary in
order to clarify the truth. This paper comes
to accentuate the methods or means of
evidence, as they are necessary in the
crime scene investigation, with the most
demanding rigor, using such methods,
where relevant literature in our country
is almost virgin.
Certainly, the issue of forensic road
traffic accident does not end with this
book, but once attacked the field, it may
cause the emulation required to wakeup the inertia surrounding the areas of expertise
in terms of developing forensic laboratories and private
forensic experts, as practiced in EU countries. Breaking
the state monopoly in car-crash forensics can be the
unchaining of an old mentality with lower principles that
can remove verdicts with scientifical errors and viruses.
Existing parties are currently under strict subordination
of Justice and Interior Ministries, exactly those that are
decisive in judicial verdicts.
Sections treated in this paper begin by defining and
dividing legislation in the field of forensic road accident,
where he speaks about language and expressions in
forensic expertise, then it continues with conventional
methods for crime scene investigation, continuing with
superior scientific methods, which use modern methods
that are in design phase even in EU countries.
In this latter way the book offers the possibility to know
and elucidate some cases, for which our country hasnt
got the necessary infrastructure such as highways, but will
inevitably pass to such intensive investments, for which
is necessary to burn some steps in the development
of such infrastructure. When we think about the way
information spreads in this area, we must realize that in
knowledge area the limits are not great and information
barriers are often deleted by itself.
We will come quickly when we exclaim why so late,
when we see how easy it was!
Echoes from the press:

ROAD
ACCIDENT
FORENSICS
In connection with
this paper, the
author told us the following:
Forensic science is established as a
main science of the judicial trial, because
it serves to elucidate the case, with more
contact sciences, ultimately serving to the
disclosure of criminal offenses, to prove
the crime and determining the perpetrators
fault, which was identified using forensic
methods, finally reaching the court.
In the field of road traffic accidents, where
crime scene investigation is poor in terms
of quality, forensic research methods being
more rigorous, processes and operations

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

585

ANOTHER VALUABLE FORENSIC EXPERT


LEFT US!
NE-A MAI PRSIT UN ALT MARE CRIMINALIST !
Univ. lecturer major general (r) Ioan HURDUBAIE PhD.
On the evening of Friday,
November 26, has left us forever,
another large component of the
Romanian Forensic family, Colonel
OCTAVEAN TOMA.
Ardelean from father to son, the
person who passed away followed
during 1965-1968 the School of
officers of the Interior Ministry in
Bucharest, in the forensic class,
under the leadership of Colonel
Ion Cora, on completion of which
he was classified as inspector at a
police station in the capital. Eager to
improve his professional and legal
training, has continued his studies
and graduated the Faculty of Law,
University of Bucharest.
His first years in the forensic
profession are characterized by
discerning and practical learning
of the mysteries of this beautiful
profession, with various occasions at numerous crime
scene investigations. Following the outstanding results
obtained, he was promoted to the Capital Police Forensic
Service where next to famous forensic investigators as
Octavian Timaru, Ion Stncescu, Ion Vicol, Marin Miu and
others, contributed to the elucidation of many crimes
recorded in the metropolis. After years of hard work and
remarkable achievements in the fight against criminals,
he was promoted to the Forensic Institute of the General
Inspectorate of Romanian Police. Here he had the
opportunity to conduct a fruitful scientific research
with practical aplicability next to important Romanian
forensic experts, including General Ion Anghelescu
PhD., Colonels Ion R. Constantin, Constantin Scntee,
Tudor Barbu, Dan Moise, Ctlin Blteanu, Ion Petre, Ilie
Vasiliniuc, Tudor Butoi, Lucian Petre, Nicolae Buzatu,
Corneliu Panghe, Valeriu Manea, George Asanache
PhD., Mina Dragomir, Georgeta Stoian and many others,
from whom he learned rigor, objectivity and spirit of
sacrifice for truth. Following the results obtained, he was
promoted to head of department and in the last years of
his career, to deputy director of the Forensic Institute of
the Romanian Police.
He gradually rise in the military hierarchy from
lieutenant to colonel, being decorated with orders and
medals that are specific to the military domain. After
crossing to reserve he has worked in the last years of
life in the Executive Council of the National Association
of Military Personnel in Reserve and Retired of the
Ministry of Administration and Interior, as head of the
Financial Department, responsibility which was fulfilled
by him with honesty, devotion and dedication until two
months ago when, due to health problems, he asked to
be dismissed. He also carried an intense activity, which
was very much appreciated at the House of Unions of
the General Inspectorate of Police and out of the desire
to share his experience to younger colleagues, he also

586

served as Associate Professor of


Forensic Science in the Alexandru
Ioan Cuza Police Academy, where
he was appreciated by the students
and by other colleagues for the
seriousness with which he prepared
the
theoretical
and
practical
application of each exposure and for
the desire to always offer the young
learners the latest news from the
field.
His activity was particularly
dedicated to picking up traces from the
crime scene and to their exploitation
with scientific and technical findings
that have served to prove the guilt of
perpetrators in numerous criminal
cases, some with national visibility.
In addition to his vast operational
activity Colonel Toma was counted
among the founding members of
Romanian Forensic Association
and of Romanian Forensic Journal,
bringing his meritorious contribution to their assertion
in civil society and through specialized publications,
even at international level.
Throughout his professional activity, Colonel
Toma Octavean was noted through his professional
competence, perseverance, responsibility, comradeship
and love for the job, desire for self-improvement,
selflessness, sense of justice and truth. He was
universally appreciated by bosses, subordinates and
colleagues. In society he was a hospitable man, who
welcomed whoever visited him, sociable and always
ready to help anyone who would have appealed to him.
Doing so, over time, he made many friends, as witnessed
by the large number of those who accompanied him on
November 28, 2010 on his last journey, his lifeless body
resting in Ghencea 1Military Cemetery. He knew how
to say a good word to express his feelings so as not to
offend anyone and to appease them all.
In these difficult moments, colleagues from the
Romanian Forensic Association send their deepest
condolences to his son Lucian and his family, to whom
we know that he was so devoted and loved them with the
warmth of his generous soul, assuring them of all our
understanding and friendship and wishing them to find
as soon as possible the peace and strength to overcome
this difficult and unexpected infinite pain and loss.
Dear Tomi, in these difficult moments of goodbye,
your forensic colleagues and friends show you the honor
and assure you that we will never forget you. You left
us and take with you the image of a high soul, straight
and steadfast, for which both as an active military and as
a retiree, collegiality, friendship, sense of duty, military
honor and dignity of man have always characterized and
fully belonged to you.
We ask the good Lord to forgive you and rest you in
peace.
Farewell, our dear colleague, friend and comrade!

FORENSIC SCIENCE No. 6 (72), DECEMBER 2010, VOL. XI

GUESTS FROM ABROAD AT THE


HEADQUARTERS OF THE ROMANIAN
FORENSIC ASSOCIATION
OASPEI DE PESTE HOTARE LA SEDIUL ASOCIAIEI
CRIMINALITILOR DIN ROMNIA
UNIV. LECTURER ION HURDUBAIE PHD.
On Thursday, October 28th, 2010, the Romanian Forensic Association had important guests. The
General Secretary of the Romanian Forensic Association, professor Vasile Lpdui and chief commissary
ru Gabriel, vice-president of the Association, have received the visit of the Bulgarian, Italian and
Macedonian delegations. They took part on the 27th of October 2010 at the 14th International Symposium on
Forensic Science, entitled Emphasizing traces and means of evidence in technical-scientific and forensic
expertise.
Mr. Vladislav Yanev, chief of the Ballistic
Division and Mr. Tsvetan Nishev, chief of the
Anti-drug Brigade of the Institute of Forensic and
Criminology whitin the Bulgarian Interior Ministry,
Slobodan Oklevski, PhD., a forensic expert in
the former Yugoslav Republic of Macedonia and
Professors Saverio Fortunato, PhD. and Giuseppe
Maggio, PhD., from Italy.
The reception was also attended by Mr.
Dipl. ec. Petar Zdravkovic Nenov, President of
the International Agency for Crime Prevention
and Security Policies, partner of the Romanian
Forensic Association in organizing the symposium
and Mr. Univ. reader George Pescu, PhD. and
Mr. Univ. lecturer John Hurdubaie, PhD.
In the first part of the meeting, the General
Secretary of the R.F.A. Prof. Vasile Lpdui,
presented to the guests the concerns of the Romanian Forensic Association for the development of forensic science
and the improvement of forensic teachers training in Romanian law enforcement services. Furthermore, he showed
the improvement of the legislative framework relating to forensic work in accordance with EU requirements, and
also the development of the practical research in this important area of crime-evidence recovery. The guest showed
interest to the Association initiatives, including the one on holding a Master of Forensic Science and to the draft
law regarding the private forensic expert. Beside this, they appreciated the efforts made by the Association for this
purpose at different levels of administrative and political spectrum.
In the second part of the visit, the Chief Commissary ru Gabriel, made a presentation of the Forensic Science
Institute within the General Inspectorate of Romanian Police, the powers that support its fight against crime and
the crime evidence recovery, about the Institutes national and international cooperation and his concerns for the
development of scientific-applicative research and for the use of the latest scientific and technical means for the
development, picking-up and exploitation of crime traces and identifying perpetrators.
At the end of the visit, the guests of the Journal thanked the leadership of the Romania Forensic Association for
the opportunity to participate at the international symposium and to know, directly, the Romanian forensics concerns
for finding the truth in criminal cases, expressing their intention to participate in the future at such events.
To the guests were given copies of the Romania Journal of
Forensic Science and of the specialists works published under the
aegis of the Romanian Forensic Association.
The italian Prof. Saverio Fortunatos, PhD., handed a diploma to
the Romanian Forensic Association. Also, it was established to draft
a cooperation protocol for the future.
This action is in pursuit of the Association policy to develop
the cooperation with forensic experts from other countries in the
context of the unprecedented proliferation of transnational crime
demonstrations, which requires the expansion and development of
the collaboration among all categories of law enforcement agencies
in the European Union and beyond .