Numărul 2 / 2017

The 2nd issue of Studia-Iurisprudentia features the papers presented at the

Professional Seminar

CRIMINALISTIC AND FORENSIC MEDICINE INTERPRETATION OF MATERIAL ELEMENTS

- between tradition and modernism -

Alba Iulia, 17-19 May 2017

In May 2017, the Second Professional Forensic Seminar was held in Alba Iulia. The professional forensic seminar organized in Alba Iulia became a tradition, embraced by many people. The event, far from being a typical conference, demonstrates its uniqueness and the modern note through the open discussion framework and the pleasant ambience offered by the city of Alba Iulia in which modern and history blend perfectly.

The theme chosen by this time was "Criminalistic and Forensic Medicine Interpretation of Material Elements". In organizing this seminar were involved renowned institutions in the legal field, such as: Romanian Society of Criminology, Forensics and Penitentiary Sciences (Transylvania Branch), International Police Asociation (Romanian Section), The University "1 December 1918" from Alba Iulia and the Faculty of Law from "Babeş-Bolyai" within University of Cluj-Napoca. 

In addition, they participated as partner institutions: the National Mina Minovici Forensic Institute from Bucharest, the Prosecutor's Office attached to the ALBA Court of Appeal, the Prosecutor's Office attached to CLUJ Court of Appeal, the National Criminal Investigation Institute from Bucharest, the University of Bucharest- Law Faculty and National Center for Judicial Expertise from Chisinau, Republic of Moldova.

The seminar took place in the conference room of the "Parc" Hotel in Alba Iulia, where the participants had a hospitable reception, a comfortable environment, suitable for their involvement in the talks that followed the lectures. Although it may be thought that this event was exclusively for forensic professionals or forensic medicine, it has been noticed that the themes proposed for the debate present a dose of curiosity and interest for the most diverse levels of training that the present ones had Former law professors from Cluj Napoca, Alba Iulia and the Faculty of  Psychology from Bucharest. The seminar had important guests, both nationally and internationally renowned: Professor Emilian Stancu, University Professor D. Augustin Lazar, University Professor D. Valentin Iftenie,  Attorney  D. Mihai Baco (Vice President of the European Bar Association), University Professor D. Vicenzo Tarantino (Italy), Elio Carlos Tarantino Mendoza Garofani (Italy), Professor D. Maciej Szostak (Poland), D.Rafal Ciesla, D.Grzegorz Ruszek ((Poland) and the Academy of Hungarian Police Forces. The lectures were conducted in Italian, English and Romanian, with participants receiving simultaneous translation.

Why a professional seminar and not a conference?

First of all, the event aimed at presenting extended lectures (2-3 hours), on topics of great interest and complexity, in a dynamic environment, so that the participants could have interventions, either questions or objections. The themes of the discussion were diverse, covering a wide area of ​​the field of forensics and forensic medicine.Without rejecting the importance of other conferences on legal issues, the professional seminar in Alba Iulia wanted and had a more active side, with debates among the participants. It was hoped that this seminar would spark the interest of the participants for the presented themes, a goal which was achieved even after the first lecture, creating the opportunity for the present participants to understand the topics discussed and to observe their implications in the practical reality/field.

In the opening of the seminar Mr General Prosecutor  D.Augustin Lazar spoke about the importance of this type of meeting, noting the good affluence of those interested, as well as "forming a tradition for these meetings in Alba Iulia".

The seminar began with lectures in Italian by the University Professor D.Vicenzo Tarantino on "Failure to understand and want: altered graphic, Indicator of cognitive status, Graphic interpretation (assessment discernment) ". Discussions on this topic have emerged around ill-health states that have a direct link to the graphic act of the sick person. It has been shown that a person's writing has a relative stability, being influenced by the malfunctioning of the organs involved in charting and the illness of the scriptor. For example, Professor Vicenzo Tarantino recalled Parkinson's disease and its effects on writing for famous people such as Adolf Hitler, Salvador Dali, Cassius Clay (writing downscreen, writing trembling, etc.). Important references have been made to current studies on the effects of drug treatments in alleviating the disorganized aspect of the writing of people affected by various diseases. It has also been exemplified the application of these aptitudes of medical graphology to the appreciation of the discernment of criminal signatories, etc.

The second theme was supported by Elio Carlos Tarantino Mendoza Garofani (Italy), referring to the use of photographs in court cases and their importance in finding out the truth in solving cases. Reference was made to images made with "selfie" smartphones And to the quality requirements of laboratory equipment in graphic forensic and trasological expertise.

The first day of the seminar ended with a lecture from Mrs. Gabriela D.Costea, MD psychiatrist at the National Institute of Forensic Medicine "Mina Minovici" in Bucharest, which had the theme "forensic aspects of discernment". There have been highlighted the complex approaches that are required, as well as a good documentation of the history of the presumptive disease for which the patient are examined.

The second day of the seminar focused on issues related to audio-video recordings and car accident expertise.

The first topic of discussion was "The role of experts in corruption cases based on audio recordings", presented by University Lector.D.Sandra Grădinaru. Important practical references and remarks were made on the issues raised by the notions of "original" or "copy" of these recordings, the technical obstacles and the procedural requirements that the participants in the criminal trial encounter in capitalizing on these evidence. The discussions were about the role of the expert engaged by one party and the way it is understood and realized the so-called "participation in its expertise"

Important observations were made by some of the participants regarding the technical and quality conditions of the equipment used to record the audio recordings, as well as the way they bring the quality of the recordings as well as their use as evidence and the capacity to capitalize.

Lectures entitled "Interpretation forensic traces of injuries and their impact in traffic accidents expertise" held by D. Engineer Bogdan Boboş and "Interpretation of the forensic injuries resulting from traffic accidents" supported by University Professor D.Valentin Iftenie, from the "Mina Minovici" National Institute of Forensic Medicine, Bucharest, have made together an ensemble of animated professional discussions. Thus, many questions have been addressed concerning the virtual reconstruction of accidents, the importance and the quality of the research of the crime scene, the computer simulations and the endowment status of the laboratories of expertise.

The last day of the professional seminar in Alba Iulia was animated by the presentation of Conf. University D. Sorin Alămoreanu on "complex examinations", discussions were role oriented of expertise in solving complex causes of professional and media visibility (including the "Dacian bracelets'). The methods of work and the information used by experts in the examination of heritage objects, the applications of traceology, have been analyzed succinctly, which proved the nature and the traces left by the instruments specific to the period on the material from which the bracelets were made, the observation and analysis of the crystallized ground portions on the surface of the Dacian objects, as well as the complex interdisciplinary collaborations that led to the formulation of the conclusions.

Conf. University D. Zamfirescu Neculai presented a project to try forming a library modus operandi, where the files to be viewed like some criminal identification card forming and space research.

During the seminar, important discussions were held and proposals of persons with extensive experience in legal or forensic medicine, such as Professor Emilian Stancu, Professor Valentin Iftenie, Conf. University Petruţ Ciobanu and Conf. University D. Sorin Alămoreanu.

At the end of the professional seminar on "Interpreting Forensic and Forensic Medicine of material elements" was marked by offering the diplomas to participation and discussion of the need to organize another seminar in the second half of the quarter tailored to merge aspects of procedure, methodology and practice in the management of scientific evidence .

Mădălina Dinea*

* Jurist, LLM Faculty of Law, UBB Cluj-Napoca.

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