JOURNAL OF CRIMINAL INVESTIGATION

Transcription

1 JOURNAL OF CRIMINAL INVESTIGATION Volume VIII Issue 1/ Journal indexed in EBSCO, SSRN, PROQUEST and INDEX COPERNICUS -

2 Scientific Board: MAURICE PETIT Prof. LIGIA NEGIER DORMONT Ph.D "Police College Bruxeles" Université Pantéon, Paris NORBERT LEITNER PETER LAMPLOT Rector of the Academy of Security Vienna Reader of the Academy of Security Vienna Prof. ION DOGARU Ph.D Prof. LAZĂR VLĂSCEANU Ph.D Member of the Romanian Academy Bucharest University Prof. OVIDIU PREDESCU Ph.D Faculty of Law "Simion Bărnuţiu" Prof. TEODOR FRUNZETI Ph.D Rector of the National Defense University "Carol I" Prof. GHEORGHE POPA Ph.D Rector of the "A.I.Cuza" Police Academy Lecturer MIHAELA FLORENTINA PRUNĂ Ph. D Dean of the Law Faculty, Romanian-American University of Bucharest Director Prof. COSTICĂ VOICU Ph. D Prof. ROMIŢĂ IUCU Ph.D Pro-rector of Bucharest University Prof. GHEORGHE TOMA Ph.D Deputy Rector of the National Intelligence Academy "Mihai Viteazul" Prof. MARIAN PREDA Ph.D Bucharest University Prof. NICOLETA DIACONU Ph.D "A.I.Cuza" Police Academy Prof. FLORIN SANDU Ph.D Lawyer of the Bucharest Bar Association Prof. VLAD BARBU Ph.D Prof. ALEXANDRU BOROI Ph.D Police Quaestor PETRE TOBĂ Ph.D Chief of Romanian Police Prof. IOAN DASCĂLU Ph.D Prof. VERONICA STOICA Ph.D Editorial Committee: Chief Editors: Prof. ŞTEFAN EUGEN PRUNĂ Ph.D Deputy Editor: Assist. Prof. LAURENŢIU CONSTANTIN GIUREA Ph.D Editorial Secretary General: Assist. Prof. MARIUS CEZAR PANTEA Ph.D Assist. Prof. Claudiu M. ŢUPULAN Ph.D Assist. Prof. Gheorghe POPESCU Ph.D Assist. Prof. Nicolae GHINEA Ph.D Assist. Lecturer Nicolae GROFU Ph.D Assist. Lecturer Ioan C. MIHAI Ph.D Assist. Lecturer Mihail P. MARCOCI Ph.D Assist. Lecturer Cătălin VASILE Ph.D Assist. Lecturer Adriana C. VOICU Ph.D Dan BUCUR Ph.D Editors: Prof. Dan V. CAVAROPOL Ph.D Assist. Prof. Sergiu A. VASILE Ph.D Assist. Prof. Mara IOAN Ph.D Assist. Lecturer Cristian E. ŞTEFAN Ph.D Assist. Lecturer Amalia NIŢU Ph.D Assist. Lecturer Nelu NIŢĂ Ph.D Assist. Ligia M. STANCU student Ph.D Assit. Lecturer Ionuţ Andrei BARBU Ph.D Assist. Lecturer Marian SECĂREANU Ph.D The Magazine is published with the support of the Police Department from A.I.Cuza Police Academy Semestrial publication under IPA Romania Address: Bucharest, Şos. Olteniţei, , Sector 4, Tel , ISSN

3 CONTENTS I. ANALYSIS, STUDIES, SYNTHESIS MODALITES DE FRAUDE DANS LE DOMAINE DES JEUX DE HASARD TRADITIONNELS ET A DISTANCE... 7 Conf. univ. dr. Marius PANTEA Sebastian BOER ENERGY POLICY AND GEOPOLITICAL CONSIDERATIONS IN THE SOUTH-EAST OF EUROPE Drd. Mircea Leonard COMŞA THE ROMANIAN S STATE ENGAGEMENT AND CONTRIBUTION IN MISSIONS CARRIED UNDER THE SHIELD OF THE COMMON SECURITY AND DEFENCE POLITIC Enuţă CĂTĂLIN, teaching assistant II. EVOLUTION AND TRENDS OF CRIME POSITIVE AND NEGATIVE INFLUENCES THAT DETERMINE THE ROMANIAN TRAFFIC REALITY INFLUENȚE POZITIVE ȘI NEGATIVE ASUPRA REALITĂȚII RUTIERE DIN ROMÂNIA Dragoş Andrei IGNAT TEACHABLE ASPECTS OF FRANCHISING /LICENSING (FOR SECOND YEAR FRAUD INVESTIGATION STUDENTS) Lect. univ dr. Gabriela ŞERBĂNOIU GENDER EQUALITY CONDITION FOR HUMAN SECURITY Mihaela RADU THE WAY SEVERAL EUROPEAN COUNTRIES USE TO ACHIEVE THEIR STRATEGIC AND SECURITY OBJECTIVES BY INVOLVING THE NATIONAL EXPERTS SECONDED TO INTERNATIONAL ORGANIZATIONS Dănuţ MAFTEI III. RESEARCH AND CRIME PREVE USAGE OF TECHNICAL SURVEILLANCE MEASURES IN COUNTERING THREATS REGARDING NATIONAL SECURITY COMPARISON BETWEEN USE OF TECHNICAL SURVEILLANCE MEASURES IN CRIMINAL PROCEDURES AND NATIONAL SECURITY THREATS Drd. Petre UNGUREANU CONSIDERATIONS ABOUT EXTRADITION Iuliana MIHALACHE Student Vlad-Alexandru MIHALACHE... 80

4 CONSIDERATIONS ON INFORMATIONAL WARFARE PhD Associate Professor Agata-Mihaela POPESCU PhD Candidate Alin-Bogdan POP IV. MANAGEMENT OF CRIME INVESTIGATION FROM CITY-STATES TO MEGALOPOLEIS. STRENGTH VERSUS WEAKNESS Drd. Dănuţ MAFTEI HISTORICAL AND CONTEMPORARY POWER FROM THE INTERNATIONAL RELATIONS PERSPECTIVE PUTEREA ŞI DETERMINĂRILE ACESTEIA ASUPRA SISTEMULUI RELAŢIILOR INTERNAŢIONALE Petre MUREŞAN PHYSICAL EDUCATION TRAINING IN OTHER SYSTEMS WITH DUTIES OF POLICE PERSONNEL Gheorghe Gabriel CRISTIAN Marius BĂLAN THE PURSUIT OF HAPPINESS PhD Associate Professor Agata-Mihaela POPESCU PhD Professor Stefania-Georgeta UNGUREANU V. SCHENGHEN ISSUES THE IMPORTANCE OF INTERNATIONAL POLICE COOPERATION Iuliana MIHALACHE Student Vlad-Alexandru MIHALACHE MIGRATION TRENDS INFLUENCED BY ROMANIA S ADHERING TO THE SCHENGEN AREA Lecturer Ph.D Amalia NIȚU REGIONALIZATION VS. GLOBALIZATION FUTURE APPROACH PhD Ana Irina IRIMIA

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6 MODALITES DE FRAUDE DANS LE DOMAINE DES JEUX DE HASARD TRADITIONNELS ET A DISTANCE Conf. univ. dr. Marius PANTEA marius.pantea@academiadepolitie.ro Académie de Police A.I.Cuza, Faculté de Police, Département de Police Sebastian BOER sboer11- @yahoo.com Otravă este ştiinţa rău învăţată, otravă este mâncarea la indigestie, otravă este jocul de noroc pentru cel sărac, otravă este femeia tânără pentru un bătrân. The aim of this study is not to be a guide for those who intend to carry out illegal actions to commmit frauds related to traditional gaming but a warning from the state authority, respectively the National Office for Gaming, which knows all the methods that are used. the aim of this scientific paper is prevention. Keywords: fraud, traditional gaming, online games, identity theft, National Office for Gaming ~ 7 ~

7 ENERGY POLICY AND GEOPOLITICAL CONSIDERATIONS IN THE SOUTH-EAST OF EUROPE Drd. Mircea Leonard COMŞA Police Academy "Alexandru Ioan Cuza" Abstract Energy security is currently one of the most important and disputed issues of mutual relations between the European Union and the Russian Federation. First of all, energy was a key factor in strengthening the formal and informal relations between EU and Russia. Ensuring energy security is a concern of European officials who consider that within the EU there are different levels of its approach that can be countered through joint actions of the states. Keywords: Energy security, energy policy, energy cooperation, energy interdependence, major objectives ~ 14 ~

8 THE ROMANIAN S STATE ENGAGEMENT AND CONTRIBUTION IN MISSIONS CARRIED UNDER THE SHIELD OF THE COMMON SECURITY AND DEFENCE POLITIC ENUŢĂ CĂTĂLIN, teaching assistant Police Academy Alexandru Ioan Cuza / Faculty of Police/ Bucharest/ Romania Abstract: As a result to all processes that have been enlarged widely, Europe gained new security concepts which are a bit more different within their efficiency and exigency, new states, new vulnerabilities and conflicts, new risks and threats to European nations and states. Romania aspires to be a part of the development of the European security and defence politics and military as well. Keywords: Common Security and Defence Politic, European Union EUPOL, EUROGENDFOR ~ 31 ~

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10 POSITIVE AND NEGATIVE INFLUENCES THAT DETERMINE THE ROMANIAN TRAFFIC REALITY INFLUENȚE POZITIVE ȘI NEGATIVE ASUPRA REALITĂȚII RUTIERE DIN ROMÂNIA Dragoş Andrei IGNAT 1 Abstract Operative situation is the product of joint action in the process of traffic, traffic system componentsinfrastructure and superstructure: the network of roads and their facilities, car park, participants in the movement, the natural conditions of the road and other factors such as: -events and actions of the political, socio-economic, religious, cultural and sports; -human resources, financial and logistics used by traffic police; -support by other public institutions, NGOs, associations, as well as by the public itself in achieving deterrence road. Keywords: traffic safety, traffic reality, police work, driving, traffic participants ~ 43 ~

11 TEACHABLE ASPECTS OF FRANCHISING /LICENSING (for second year fraud investigation students) Lect. univ dr. Gabriela ŞERBĂNOIU Academia de Poliţie Al. I. Cuza Abstract: In my accumulated professional experience I have learned that teaching English for special purposes is a perpetual challenge when it comes to identifying common ground, which, in broad lines is the basis of interdisciplinarity ( English for business, Police English or English for legal purposes have as a common ground business law). The fact is that, professionally speaking, as a philologist, I have to cross the borders and overcome the borders of teaching fields and background information, as in our career we have to be not only specialists, but also generalists as well as well-informed, dedicated, open minded and the list is not exhaustive. Key words: franchisor, franchisee, franchising versus licensing. ~ 48 ~

12 GENDER EQUALITY CONDITION FOR HUMAN SECURITY Mihaela Radu 1 Abstract: Since ancient times humanity knows rivalries and contradictions related to the lure of power to dominate. Human security is jeopardized by the degrading, inhuman actions made by the people who are around us. The concept of today human security knows a new dimension, gender equal opportunities, without ruling out classical dangers and threats. Equality is based on ensuring full participation of all persons to economic and social life irrespective of ethnic origin, gender, religion, age, disability or sexual orientation. Inevitably, when we talk about equal opportunities, unfortunately, in discussion appears the phenomenon of discrimination and social conduct. Discrimination is in fact one of the reasons why equality is not respected as a guiding principle. This paper aims to make an inventory of the main differences in cultural stereotypes that promote gender diverse, different social roles of men compared to women who may be generating human insecurity. Keywords: prejudices, stereotypes, gender equal opportunities, non-discrimination, change, security and peace ~ 54 ~

13 THE WAY SEVERAL EUROPEAN COUNTRIES USE TO ACHIEVE THEIR STRATEGIC AND SECURITY OBJECTIVES BY INVOLVING THE NATIONAL EXPERTS SECONDED TO INTERNATIONAL ORGANIZATIONS CASE STUDY: UNITED KINGDOM AND THE NETHERLANDS In order to protect our interests at home, we must project our influence abroad. (A Strong Britain in an Age of Uncertainty: The UK National Security Strategy) Dănuţ Maftei Abstract Throughout this study the author analyses some aspects concerning the ways the European countries, in our case United Kingdom and the Netherlands, understand to use their national experts for building bridges between the member state and the international organizations, where they are seconded. The policies adopted by the two mentioned states for achieving their targeted strategic goals in the fields of national / international security, foreign policy, freedom and justice, are also studied. It is important to understand how the foreign national experts use their networks during and after their secondment, as well to evaluate the limits to which a member state government could benefit from the secondment period in terms of exchanging information and fulfilling the national objectives. The article highlights some ideas for Romanian authorities in order to improve the strategies for identification, discouraging or countering the risks faced and the threats posed by international organized crime and terrorism to the homeland and Euro-Atlantic security. Keywords: national security, public order, seconded national experts, national interest, European Union, strategic and security objectives, threats, UK, the Nederlands. ~ 62 ~

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15 USAGE OF TECHNICAL SURVEILLANCE MEASURES IN COUNTERING THREATS REGARDING NATIONAL SECURITY COMPARISON BETWEEN USE OF TECHNICAL SURVEILLANCE MEASURES IN CRIMINAL PROCEDURES AND NATIONAL SECURITY THREATS Drd. Petre UNGUREANU Abstract: National security is one of the most important objectives of a state that assures its independence, sovereignty and protection of human and civil rights of its citizens. This duty is fulfilled by intelligence services in accordance with the legal provisions. In the current international context threats to national security are diversified. Terrorism represents one of the greatest threats of the 21 st century to national security for any state. Its forms of manifestation are unpredictable and hard to anticipate. The question is if Romania s intelligence services are capable of countering threats to national security. The existing conflicts outside Romania s borders can pose a threat to national security. The current technological progress along with the use of internet has determined the authorities to redefine the strategies and techniques used to counter cybernetic threats. These strategies used must be in accordance with the legal provisions regarding human rights. The article is focused on analyzing the legal provisions regarding national security and the infringements of human rights that may occur in countering national security threats alongside with a comparison of technical surveillance measures used in criminal proceedings and national security affairs. Keywords: National security, intelligence activities, human rights, countering threats to national security, cybernetic security, technical surveillance ~ 75 ~

16 CONSIDERATIONS ABOUT EXTRADITION Iuliana MIHALACHE Student Vlad-Alexandru MIHALACHE Abstract: Extradition is one of the forms of international judicial cooperation in criminal matters which can be defined as the procedure by which a sovereign state (the requested state) agrees to surrender to another state (the requesting state) a person on its territory and who is prosecuted for a crime or is wanted for serving a sentence in the requesting State. The international conventions or the treaties represent international agreements concluded between states and governed by the international law; either they are cosigned in a single instrument, either in two or more annexes, irrespective of their particular denomination. These are bi or multilateral acts resulted from the agreement of the states and are governed by the principle Pacta sunt servanda, representing the law of the parties which must be executed in good faith. Concretely in Romania, the extradition was regulated as a law institution, in art of the Criminal Code and in the art of the Procedure Criminal Code, Carol II of 1936, the texts mentioned above just consecrating the principles already known of the international penal law. Nowadays, in our country the extradition is regulated by Law no. 302/2004 relating to international judicial cooperation in penal matters amended by Law no. 224/2006, GEO 103/2006 and Law no. 222/2008, this special law clearly stipulating their substantive and formal issues, fixing also the legal framework in the limits of which can be solicited or admitted, its sources of regulation, as well as the order in which they can be used. Keywords: extradition, criminal decision, judicial cooperation ~ 80 ~

17 CONSIDERATIONS ON INFORMATIONAL WARFARE PhD Associate Professor Agata-Mihaela POPESCU PhD Candidate Alin-Bogdan POP Abstract: Strictly military information warfare can be defined as all informational operations at tactical, operational and strategic level, in peacetime, crisis and conflict escalation, with the common goals of achieving or influencing certain targets. The military component of the information warfare, command and control warfare, has the following meaning according to NATO: "integrated use of all military capabilities including operations security, deception, psychological operations, electronic warfare and physical destruction, supported by all sources of intelligence, communications and information systems to deny access to information, influence, damaging or destroying command and control capability of an adversary, while their military capabilities are protected against similar actions. Key words: information warfare, security operations, military capabilities ~ 86 ~

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19 FROM CITY-STATES TO MEGALOPOLEIS. STRENGTH VERSUS WEAKNESS Drd. Dănuţ MAFTEI 1 Abstract: Non-state Worldis an alternative world that represents - from some points of view - a potentially worrisome and uncertain Gini Out of the Bottle scenario, a patchwork and uneven world because new and emerging technologies that use to favour greater empowerment of human beings, groups and ad hoc coalitions spur the increased power of Non-state actors. The threats posed to the international security are more and more challenging because the lethal and disruptive technologies could be accessed by the terrorists and criminal organizations. It is easy to notice that the Non-state World, in which non-state actors (NGOs, multinational companies, academic institutions and wealthy individuals etc.) as well as sub-national units such as the megacities flourish and take the lead in confronting global challenges. An increasing global public opinion consensus among elites and many of the growing middle classes on major global challenges poverty, the environment, anti-corruption, rule-of-law, and peace form the base of their support. In this context, one of the most significant current trends is the comeback of the city-state, not long ago considered a relic dating back to old times. Driven by massive growth in global trade, shifts in economic power and the rise of emerging ethnic groups, today s new independent cities have witnessed a rapid economic growth and political-strategic importance. Key-Words: city-state, economic growth/power, global trade, globalisation. ~ 93 ~

20 HISTORICAL AND CONTEMPORARY POWER FROM THE INTERNATIONAL RELATIONS PERSPECTIVE PUTEREA ŞI DETERMINĂRILE ACESTEIA ASUPRA SISTEMULUI RELAŢIILOR INTERNAŢIONALE Petre MUREŞAN Doctoral School Public Order and National Security Alexandru Ioan Cuza Police Academy of Bucharest Abstract: Contemporary studies on issues of international relations show latel,y more and more significant changes that have occurred in the international security environment over recent decades. The fall of the Soviet Union, the acceleration of international economic integration, the increased influence of non-state actors, as wellas changes in the field of information technology military, all this led to new challenges to states, army and civilian population. Everything related to globalization, ideological convergence, the destructuration of stat estructure and the new governing international mechanisms belong to the evolution of international relations throughout history, such as the changing balance of global power or technological advances and the emergence of new international actors. Keywords: power, the international system, superpower, structures of power, military power, global organization, globalization. ~ 101 ~

21 PHYSICAL EDUCATION TRAINING IN OTHER SYSTEMS WITH DUTIES OF POLICE PERSONNEL Gheorghe Gabriel CRISTIAN Police Academy "Alexandru Ioan Cuza" Marius BĂLAN IPJ Galaţi Abstract In general, almost all the training systems are based upon the two big componets, wich are the general physical training and selfdefence training. Each institution realizes the training through its own means and methods. In all systems of general physical training aims at developing motor skills, while preparing for self-defense is a priority task of arming students with luggage fighting techniques of traditional sports. In some cases, the distances may differ, in others the number of repetitions, but what should be remembered is that all systems have the same objectives of training in physical education. Keywords: physical education, training system, police, police officer, general physical training. ~ 107 ~

22 THE PURSUIT OF HAPPINESS PhD Associate Professor Agata-Mihaela POPESCU Faculty of Law and Admninitration Christian University "Dimitrie Cantemir" Bucharest PhD Professor Stefania-Georgeta UNGUREANU Academia de Poliţie Alexandru Ioan Cuza Abstract: The first modern constitution, the US, in1787, states thatevery citizenhas the right tohappiness. Butany American Constitutionnor any constitution, anyhappy mandidnotteachhimhow to bemanproclaims the right happiness. Happinessis one thing,to make manhappyis something else. "The happiness that Jesus promises to those persecute dnot from persecutors. Suffering comes from themisa gift that wereceive from those who are persecuted GOD! " Key words: hapiness, modern constitution, justice, people ~ 113 ~

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24 THE IMPORTANCE OF INTERNATIONAL POLICE COOPERATION Iuliana MIHALACHE Student Vlad-Alexandru MIHALACHE Abstract: International police cooperation requires activities such as: international studies to correctly identify the threats; action coordination; information exchange; harmonization of legislation in criminal matters; carrying out procedural acts requested by rogatory commissions; exchange of operative information and direct cooperation between police forces. Key words: legal assistance, international police cooperation ~ 119 ~

25 MIGRATION TRENDS INFLUENCED BY ROMANIA S ADHERING TO THE SCHENGEN AREA Lecturer Ph.D Amalia NIȚU Department of Border Police, Schengen training and Foreign Languages, Police Faculty Abstract Due to its geographical position, Romania was prevented from dealing with certain migration flows as it was the situation in other member states. However, the current national context and the expected adhering to the Schengen area will pose some challenges related to migration. This article describes the irregular migration trends that may affect Romania once the country has entered the Schengen area and analyze the current relevant legislation and the measures to be taken by our country in order to face the challenges posed by this phenomenon. Key words: irregular migration, migration flows, aliens, visas, national legislation, asylum, international protection ~ 126 ~

26 REGIONALIZATION VS. GLOBALIZATION FUTURE APPROACH PhD Irimia Ana Irina, Police Academy al. I. Cuza, BucureştI Abstract Globalization and international economic integration trends have evolved over a period of a century in complex conditions, joining both cooperation and domination politics and actions. Despite these facts, inequalities between different parts of the world were not eliminated. Nevertheless, both globalization and regionalization tend to offer a better cohesion for the global economy based on cooperation and interrelationship between states, resulting in better opportunities for joint actions in the next century that aim to peacefully resolve global problems that concern the welfare of international community. Keywords: globalization, regionalization, global economy ~ 130 ~