Académique Documents
Professionnel Documents
Culture Documents
Director
Professor Ph. D. Costică Voicu
Scientific Board:
Maurice Petit Professor Ph.D. Ligia Negier Dormont
"Police College Bruxeles" Université Pantéon, Paris
Academician Professor Ph.D. Ion Dogaru Police Quaestor Ph.D. Liviu Popa
Professor Ph.D. Gheorghe Popa Professor Ph.D. Ioan Dascălu
Professor Ph.D. Vlad Barbu Professor Ph.D. Alexandru Boroi
Professor Ph.D. Florin Sandu Eng. Ph.D. Iulian Medrea
Editorial Committee:
Chief Editors:
Professor Ph.D. Ştefan Prună
Deputy Editor:
Seniour Lecturer Ph.D. Laurenţiu Giurea
Editorial Secretary General:
Assist. Lecturer Ph.D. Marius Pantea
Editors:
Seniour Lecturer Ph.D. Nicolae Ghinea Lecturer Ph.D. Marian Claudiu Ţupulan
Lecturer Ph.D. Gheorghe Popescu Assist. Chersan Ileana
Assist. Ph.D Mihail Petrică Marcoci Assist. Amalia Niţu
Assist. Ph.D Sergiu Adrian Vasile Layout and publishing: Mihai Zofei
Thanks to the foreign languages teachers from the Border Police, Schengen
Training and Foreign Languages Department
The Journal is published with the support of the Police Chair from
A.I.Cuza Police Academy
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12. LES CONSEQUENCES DE LA MIGRATION ILLEGALE SUR LA SECURITE
NATIONALE DE LA ROUMANIE (Consecinţele migraţiei ilegale asupra securităţii
naţionale a României)................................................................................................. 108
Cms. en chef CRISTIAN ENE, Asist. univ.LIGIA STANCU
V. SCHENGHEN ISSUES
(Problematica Schengen în domeniul criminalităţii)
VI. REVIEWS
(Recenzii, semnale editoriale)
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INTRODUCTION TO CORPORATE CRIME ANALYSIS
The article focuses on corporate crime as the most sophisticated illegal action which
takes place at the top of the big corporations and it is implemented through strategies
involving governmental institutions. The new trend is to create partnerships between
corporations and states, in different fields, starting from public acquisitions of weapons
and military technology to contracting out the army and the public order and security
services. The force and the capacity of corporations and companies are remarkable in
obtaining these commercial contracts as long as it is a very strong link between the
political world and the corporate one.
Keywords: Crime analysis, privileged information, economic globalization,
multinational corporations, money laundering, lobby activities.
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UNCONVENTIONAL THREATS - CONCEPTUAL DELIMITATIONS
The present article analyzes the dynamics and the impact that unconventional threats
have on the modern societies. There is being analyzed different types of unconventional
threats. The author realizes a monography of the cross-border area and of
unconventional threats linked to it.
Keywords: unconventional threats, national security, aggressiveness, security
arhitecture, ethnic confrontations, illegal migration, cross-border areas,
human trafficking.
The threats addressed to the national 1. The definition and typology of
security are due to the capacities, strategies, unconventional threats
intentions and plans which enlarge a threat The terrorist acts happened of the 11th
to the fundamental attributes of existing of September 2001 on the United States
qualities that the Romanian people have, of have demonstrated the fact that
the economic base of the society, of the dependences create hostility and
constitutional order, of the human liberties aggressiveness and that hostility may be the
and rights of the citizens. These are shown resort of a long-term conflict, a conflict of
through attitudes, gestures, facts which low intensity or even a spatial war or a
create imbalance and instability and overall nuclear one.
generate danger to fundamental values These unpredictable events have started a
and/or national interests with a great impact real world war having tow sides, one of
on the national security. belligerents, in the opinon of the United
Threats, as an indicator of showing States as democratic forces, on one side, and
danger and imminent prejudice to national the forces which oppose the order,
security are identified based on the nature, democracy and civilization on the other side.
(political, economical, military, social, This is only one type of war, not the only
environmental), shape (attitudes, gestures, type. World confruntations are much more
acts, facts, events, phenomena, human numerous and they become predictable, can
actions), stage (latent, possible, probable, be managed and respectively, prevented.
imminent) and type of foreseen actions Unfortunately, the number of those that
(masked, mixed, violent, non-violent.) cannot be anticipated and therefore
It is necessary to dissociate between prevented is growing and the solutions are
common threats, the development and narrowing. Therefore, the dialogue is being
multiplication of modus operandi through transformed in force, the acceptance in the
which threats are materialized and through impose of the acceptance.
which the national security system is In this context, the maintenance of the
organized. The numerous actions made by stability and security at the national level,
the states for securing their own needs of the regional and global level become not
security are lacking in aggressive intentions only the demand but also the requirement of
and therefore, lead to a growing insecurity the development and prosperity both for the
for other states which interpret them as
individual and collective. The new security
possible threats although these steps have a
pure defensive character. arhitecture thought to assure the cooperation
14
THE ACCOMMODATION OF THE INDIVIDUAL INTO AN
ORGANIZATION THROUGHOUT THE PROCESS OF
SOCIALIZATION
The present article analyses the most important aspects referring to the way in which
the new employees are helped to accommodate at the place of work. The finale of this
process of accommodation aims the organizational commitment, analyzed in this article
view through the aid of the most vital methods of achieving it.
Keywords: psychological processes, social process, sociology,
organizational commitment, organization
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THE CONCEPT OF PERSONAL DATA PROTECTION
FROM THE PERSPECTIVE OF THE PRÜM TREATY
The European Union Council activity is performed in accordance with the enforced
legal requirements of personal data protection. The Community’ legal requirements
regarding personal data protection apply also to the community institutions. These
requirements refer to all the services of the Council which use information that refers
only to the activities partially or entirely under the jurisdiction of the community law.
The Prüm Treaty is an initiative of seven European Member States which, having
decided on their own common action for improving cooperation in combating terrorism
and serious cross-border crime, are now attempting to incorporate it into EU law. The
issue of the personal data protection in the context of the Prüm Treaty is a phenomenon
studied both at the Union level as well as at the national governments’ level. Romania
supports the new concept regarding the personal data protection which means to
implement a very effective instrument to fight and prevent any crimes in this area.
Keywords: personal data protection, Prüm Treaty, security and justice, data protection
authorities, information, Schengen Information System (SIS), surveillance,
assistance, cooperation, Data Protection Officer.
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THE RESPONSE TO CRISIS SITUATIONS
INVOLVING HOSTAGE TAKING
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JUDICIAL COOPERATION IN THE EUROPEAN COMMUNITY.
THE EUROPEAN ARREST WARRANT
The European arrest warrant is the first legal instrument based on mutual
recognition of criminal decisions. It produces a radical change in relation to the old
system of teaching people in a space of freedom, security and justice, the effect being felt
mainly on the procedures, time limits and reasons for refusal of surrender of a person.
Keywords: the European arrest warrant, criminality, procedures, execution of the
European warrant
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SERIAL KILLER’S PERSONALITY
The article focuses on the analysis of criminological factors for personality serial
killer. There are several theories analyzed in this respect and the most common reasons
for such behavior.
Keywords: Criminal behaviour, nonoffenders, emotional instability, psychological
analysis, threshold offenders
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SOME CHARACTERISTIC FEATURES OF
CORPORATE’S FRAUD CRIMINOLOGY
The article focuses on corporate fraud as the result of a deviant behavior occurred in
connection with the administration of a multinational company. As a part of the system,
corporate fraud is a particular display of the criminal phenomenon, having its own
identity, characteristics and functions. The actual corporate crime can be defined as the
multitude of economic and financial frauds relating to the activity of multinational
companies committed on a certain area, within a certain period of time.
Keywords: Social pathology, social disruption, corporate crime, stock markets,
corporate fraudster.
75
TYPES OF FRAUD IN INSURANCE
Types of insurance fraud are very diverse, and occur in all areas of insurance.
Insurance crimes also range in severity, from slightly exaggerated claims to deliberate
ones,causing accidents or damage. Insurance fraud poses a very significant problem,
and governments and other organizations are making efforts to deter such activities.
Keywords: insurance, reinsurance, fraud, RCA, CASCO insurance, green card.
Specific terminology short period of time;
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THE COMMUNITY REGULATORY
HARMONIZATION IN THE INTERNAL BANK
Lecturer PhD. MAIEREAN LAURA
Police Faculty - „A.I. Cuza” Police Academy
PhD. student ADRIAN IONUŢ CHESNOIU
Recognized the complexity and importance of the banking sector led to a constant, at
Community level on supervision of complex mechanisms in the sector, in terms of
compliance to ensure free competition between the players active in these markets and
create a framework from the perspective of protection end consumer.
Keywords:Competition Council, the retail banking service, the European Commission,
SEPA, cross-border competition, the current account
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CASE STUDY: CROSS - BORDER SURVEILLANCE
VS. DISCREET SURVEILLANCE
Free movement of persons without checks at the common borders. This is one of the
benefits of being a part of the Schengen Area. In order to ensure an area of freedom,
security and justice, the European Union designed and implemented compensatory
measures to facilitate only the free movement of persons, not the free movement of
criminality. The cross-border surveillance and the discreet surveillance are two
instruments at the disposal of those who fight against criminality, which nowadays is not
only a national problem, but a widespread interconnected phenomenon.
Keywords: cross-border criminality, surveillance, police check, bilateral agreement,
Convention implementing the Schengen Agreement, Schengen Information
System
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LES CONSÉQUENCES DE LA MIGRATION ILLÉGALE
SUR LA SÉCURITÉ NATIONALE DE LA ROUMANIE
“Human migration is a phenomenon known since ancient times. Fight against illegal
migration border crime in the context of Romania's accession to the Schengen area is a
goal and a necessity today than ever. Corresponding unmanaged, migration and human
trafficking as part of cross-border crime can affect medium and long term national
security.”
Index de mots-clés: migration, criminalité transfrontalière, risques, menaces, sécurité
nationale, frontière
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115
THE SOCIAL ETIOLOGY OF CORPORATE CRIMINALITY –
THE CORPORATE MACROCRIMINOLOGY
Assistant PhD. MARCOCI PETRICĂ-MIHAIL
Police Faculty - „A.I. Cuza”Police Academy
AXENIE CARMEN
Member of Romanian Chambers of Deputies
The corporate macro criminology is interested about the social, economic, political
and the structure of law regulations which interfere in the activities of the multinational
corporations or within their business. The social and economic factors could become the
main causes of the corporate fraud, and the analysis of them one of most efficient
instrument in preventing and combating of the phenomenon.
Keywords: Corporate criminality, corporate fraudster, asymmetry, money laundering,
multinational corporations, etiological analysis.
117
THE RIGHT OF INTELLECTUAL PROPERTY.
THE INTELLECTUAL CAPITAL – THE UNIDENTIFIED
FORTUNE OF THE ORGANIZATIONS
The intellectual capital is the most important part of the intangible assets because it
represents the real innovative fortune of the organization and it includes four classes of
intangible assets: market assets (commercial trademarks, contracts of disposal, discharge
or franchising, facilities assets (technologies, working methodologies, procedures, assets
of intellectual properties (copyrights, software, patents for invention) and human values
(the professional abilities of the employees).
The intellectual capital represents the skills, vocations and the knowledge of all the
employees from a company, knowledge that can be used in developing the competitive
spirit of the organization. Considering this, the asset should be measured, assessed and
presented in the balance sheet and annual accounts so as not to remain a hidden and
unidentified fortune.
Keywords: intellectual property, commercial trademarks, intellectual capital,
intangible assets, evaluation, financial situation
122
REMUNERATION FROM PUBLIC COMMUNICATION PAYABLE TO
PERFORMERS. A COMPARISON WITH THE GREEK LAW
Collective management of copyright and related rights is a necessary step for the
implementation of certain rights in relation to many ways of operating. Certain
economic rights of performers have proven even from the beginning to be difficultly
assessable on individual basis. However, technical progress and wide spreading of mass
exploitation made the individual control rather impossible.
Keywords: Copyrights, international vocation, intellectual property, neighboring
rights, extended collective license, performers
133
SOME CONSIDERATIONS CONCERNING RECENT EUROPEAN
PRACTICE IN THE FIELD OF INTERNET PIRACY
Bit Torrent case in Finland. The Supreme Court of Finland passed in June 2010 a
conviction decision in the case of the administrators of a Bit Torrent network. Their
defenses based on mere hosting of the site and private copying exception were not
admitted. Court found that administration of the network entails criminal and civil
liability for the illegal transfer of copyrighted work.
Keywords: copyrighted works, copyright infringement, software, peer-to-peer network,
monitoring ratio, Internet piracy, tracker.
140
SUPERVISED DELIVERIES.
NORMS AND APPLICABILITY IN
THE EUROPEAN COMMUNITY
For a part of the European ex-communist countries, the political, economical and
social similar phenomenon of drug use started to become a problem only after the socio-
political changes of the 90s, the „open borders” contributing significantly to this aspect.
Romania, first a transit country for drugs has become in short time a country of
consumers. The impact was very high among young people, who out of curiosity,
eccentricity or solidarity towards the group broke into drugs, and since 1995 these young
people have begun knocking on the doors of psychiatric hospitals being the first addicted
patients seeking treatment. The Romanian society was taken by surprise by this scourge
of drugs and, regardless all efforts taken, some problems still persist.
Keywords:supervised delivery, drugs, predecessors, psychotropic substances,
gun traffic, money laundry, police cooperation.
144
PEDESTRIANS IN ROAD
Pedestrians in traffic. It is a very important problem in traffic. They were not many
writings about this. Our step is ment to be an exhaustive point of view about pedestrians
and traffic. Since 2006 they were a lot of important changes in this issue, especially in
pedestrian guilt and rules about street crossing. However, they still are a lot of uncleared
issues...
Keywords: Traffic safety, Proactive comunication, social studies, police work.
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163
INTERNATIONAL POLICE AND JUDICIAL COOPERATION IN
COMBATING ILLICIT DRUG TRAFFICKING
In order to reduce illicit drug trafficking, the United Nations has developed a series
of programmatic documents - conventions and protocols on the basis of which the
signatory states to be able to harmonize their legislation and also to provide a framework
for an effective police and judicial cooperation. The United Nations’ Conventions,
particularly the one in 1988, offer the signatory parties ways to ensure the cooperation
and judicial mutual aid, mutual assistance and joint research within the offences
targeting international drug trafficking.
Keywords: illicit drug trafficking, international police cooperation,
judicial cooperation, agreements between states, treatment,
vocational training.
165
MODERN APPROACHES TO PERSONNEL MOTIVATION
WITHIN THE ROMANIAN BORDER POLICE
A relatively young body, but with a century-old tradition in ensuring order at the
Romanian borders, the Border Police proves to be an institution showing its own
personality and individuality when carrying out missions, being able to highlight the true
image of the welfare state and the genuine democracy and civilisation of the Romanian
people, since the crossing of the Romanian borders. Organized in a similar way as the
states of the European Union, the Romanian Border Police makes important efforts in
the field of prevention and combating cross border criminality, complying with the
internal and international legislation in force, so that its specific activities match the
international standards.
Keywords: mobilization, focus, motivation, operational and managerial skills,
tasks defining letter, prospective approach.
178
CANAUX DE COMMUNICATION DIDACTIQUE.
INCIDENCES PSYCHO-PÉDAGOGIQUES
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THE IMPORTANCE OF OPEN SOURCE
IN ROMANIAN EDUCATION
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CONSIDÉRATIONS SUR LA COMMUNICATION PUBLIQUE
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FORMALISME ET STÉRÉOTYPIE EN EXPRESSION JURIDIQUE
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EUROPEAN AGENCIES, INSTITUTIONS AND BODIES
RESPONSIBLE FOR BORDER SECURITY
Lecturer Ph.D MARIUS PANTEA
Police Faculty – „A.I. Cuza” Police Academy
Assist. Lecturer Ph.D SERGIU ADRIAN VASILE
Police Academy "Alexandru Ioan Cuza"
Border Police, Schengen Training and Foreign Languages Department
PhD. student MONICA SACHELARIU
Borders have to be walls but also gates. The basic policy issue at borders is how to
balance the needs for fortification with the need to soften border controls; in short, how
to balance the need for mobility with the need for control. Integration becomes a genuine
balancing act for an incomplete federation such as the EU, with its sensitive mix of a
single external border and 27 separate legal/administrative systems.
Keywords: Frontex, Europol, Cepol, Eurojust, COSI, Coreper CSIFA.
211
CROSS-BORDER POLICE COOPERATION
BETWEEN ROMANIA AND HUNGARY
Ph.D. Associate Professor CRISTIAN FLORIN POPESCU
Ph.D. Lecturer CARMEN CHERVASE
“Alexandru Ioan Cuza”Police Academy
Border Police, Schengen Training and Foreign Languages Department
The main legal basis for border management comes from the aforementioned
Community legislation. Nevertheless, there is still a need for complementary legislation
at national level, inter alia border guard law, alien and immigration law as well as data
protection law, in order to be able to fully implement the IBM concept. There should also
be a legal basis which will allow smooth and efficient inter-agency and international
cooperation, and exchange of information. Agreements such as border agreements, local
border traffic and readmission agreements with neighbouring third countries and
countries of origin should be concluded. Additionally, illegal border crossings should be
made punishable by law, and fines as well as an obligation for return transportation
should be imposed on carriers of illegal immigrants.
Keywords: agreement, border surveillance, border security, Schengen.
221
LA POLITIQUE ÉTRANGÈRE ASSERTIVE
DE L’UNION EUROPÉENNE RÉALISÉE PAR LA STRATÉGIE
DE SÉCURITÉ EUROPÉENNE
Asist.univ.dr. SERGIU ADRIAN VASILE
Asist.univ. drd. GEORGIANA GHIŢESCU
Académie de Police “Alexandru Ioan Cuza”
Chaire de Police de frontière, préparation Schengen et langues étrangères
IOANA ANDREEA EPURE
Inspectorat General de la Police Roumaine
L'Institut de Criminalistique
In an era of globalisation, distant threats may be as much a concern as those that are
near at hand. Nuclear activities in North Korea, nuclear risks in South Asia, and
proliferation in the Middle East are all of concern to Europe. Terrorists and criminals
are now able to operate world-wide: their activities in central or southeast Asia may be a
threat to European countries or their citizens. Meanwhile, global Enlargement should
not create new dividing lines in Europe. Resolution of the Arab/Israeli conflict is a
strategic priority for Europe communication increases awareness in Europe of regional
conflicts or humanitarian tragedies anywhere in the world.
Mots clés: stratégie, partenariat, coopération, Acquis Schengen, perspectives.
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The course Economic and financial criminal investigation is structured on
scientific criteria, presenting in a chronology the conceptual aspects and types of
economic financial crime, specific to our country, the main ways to investigate frauds in
the field and the financial and banking crime. The frauds on the European funds and
money laundering are an important activity for the unions in the field of organized
crime which commit illegal activities in Romania and which launder the illicit products
through illegal ghost companies.
247
The public security policies are set up the level of each state member in the EU in
order to manage effectively the internal affairs. Each state has its specificities, traditions
and history, doubled by cultures and dominated by ideologies which influence the
public policies in the field of domestic security. In all public policies there is the
principle according to which the first condition for freedom is the security. The Lisbon
Treaty tries to set up a common framework to approach the area of freedom, security
and justice in the EU. The legislative framework will be created by the EU institutions
to regulate internal affairs. They will inevitably have gaps, generated by the different
philosophies in the member states and difficulties in reforming the institutions called to
comply with these rules, doubled by a different misunderstanding of the legal and
managing concepts.
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