Kriminalistik Libre

CRIMINALISTCS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND

CHALLENGES FOR THE FUTURE

CONFERENCE PROCEEDINGS

Ljubljana, September 22-23, 2011

University of Maribor

Faculty of Criminal Justice and Security

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CIP - Kataložni zapis o publikacijiNarodna in univerzitetna knjižnica, Ljubljana

343.9(4)(082)

CRIMINALISTICS/CRIMINAL investigation in Europe: state of art and challenges for the future : conference proceedings, Ljubljana, September 22-23, 2011 / [editors Darko Maver, Bojan Dobovšek, Danijela Frangež]. - Ljubljana : Faculty of Criminal Justice and Security, 2011

ISBN 978-961-6821-12-4

1. Maver, Darko

257634304

Editors/chairs of the conference: Darko Maver (programme committee) Bojan Dobovšek (organising committee) Danijela Frangež (secretary general)

Printed by: Tipografija, d.o.o., LjubljanaThreshold: Ministrstvo za notranje zadeve, LjubljanaCover page design: Ministrstvo za notranje zadeve, LjubljanaCover page photography: Ministrstvo za notranje zadeve, LjubljanaPrinted: 200 copies

The editors are grateful to the authors for their contributions and effort.

The conference is a part of an international conference on Policing in Central and Eastern Europe which is organized in Ljubljana by the Faculty of Criminal Justice and Security, University of Maribor.

This publication was published in September 2011 by the Faculty of Criminal Justice and Security, University of Maribor, Kotnikova 8, 1000 Ljubljana, Slovenia.

To publikacijo je izdala Fakulteta za varnostne vede, Univerza v Mariboru, Kotnikova 8, 1000 Ljubljana, Slovenija.

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PROGRAMMEE COMMITTEE

CHAIRMAN:

— Darko Maver, University of Maribor, Slovenia

MEMBERS:

— Rolf Ackermann, Deutschen Gesellschaft für Kriminalistik, Germany— William Bloss, East Carolina University, USA— Robin Bryant, Canterbury Christ Church University, UK— Katja Drobnič, National Forensic Laboratory, Slovenia— Bojan Dobovšek, University of Maribor, Slovenia— Zvonimir Dujmović, Police College, Croatia— Maximilian Edelbacher, Vienna, Austria— Janko Goršek, General Police Directorate, Ministry of the Interior, Slovenia— Robert Green, Police Standards Unit, UK— Pierre Margot, University of Laussanne, Switzerland— Gorazd Meško, University of Maribor, Slovenia— Borislav Petrović, University of Sarajevo, B&H— Branislav Simonović, University of Kragujevac, Serbia— Mirko Vrtačnik, State Prosecutor General Office, Slovenia— Józef Wójcikiewicz, Nicolaus Copernicus University, Poland— Stanislav Alimovich Yalyshev, Academy of Justice, Supreme Court of Russia, Russia

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ORGANISING COMMITTEE

CHAIRMAN:

— Bojan Dobovšek, University of Maribor, Slovenia

SECRETARY GENERAL:

— Danijela Frangež, University of Maribor, Slovenia

MEMBERS:

— Anton Dvoršek, University of Maribor, Slovenia— Peter Umek, University of Maribor, Slovenia— Mira Britovšek, University of Maribor, Slovenia— Benjamin Flander, University of Maribor, Slovenia— Aleš Bučar Ručman, University of Maribor, Slovenia— Aleksander Jevšek, Criminal Police Directorate, Slovenia— Tinkara Pavšič Mrevlje, University of Maribor, Slovenia— Aleksander Podlogar, University of Maribor, Slovenia— Jerneja Šifrer, University of Maribor, Slovenia— Darja Stele, University of Maribor, Slovenia

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TABLE OF CONTENTS

9 FOREWORD

13 PROGRAM

19 PLENARY SESSION 1

21 Darko Maver: Criminal Investigation/Criminalistics in Europe: State of the Art and Look to the Future24 Rolf Ackermann, Almuth Schützel: Selected Problems of the Development of Criminalistics in Germany 27 Gorazd Meško, Duško Modly: A Reflection on the Development of Criminology and Criminalistics/Criminal Investigation 29 Stanislav Yalyshev: Problems and the Ways of Development of Modern Russian Criminalistics31 Robin Bryant: Forms of Reasoning in Criminal Investigation

33 PLENARY SESSION 2

35 Katja Drobnič: Theoretical and Practical Pitfalls of Forensic Science 37 Józef Wójcikiewicz: Careless Gatekeepers? Judges’ Attitude towards Scientific Evidence39 Bojan Dobovšek, Matija Mastnak: Criminalistics for Journalistic Investigations41 Jan Widacki, Natalia Mirska: Diagnostic Validity of Behavioural and Verbal Symptoms of Deception43 Branislav Simonović, Maximilian Edelbacher: Strategic Approach of Criminal Investigation Police in Crime Combating (Comparative study of Austria and Serbia)

47 PANEL 1: CRIMINAL INVESTIGATION

49 Mile Šikman, Velibor Lalić: Criminalistics/Criminal Investigation in Theory and Practice – Theoretical Concept and Practical Applicatibility52 Želimir Radmilović, Krešimir Kamber: Legal and Factual Scopes and Boundaries of the Crime Scene Investigation55 Goran Bošković, Saša Mijalković: Motor Vehicle Crime in Serbia: Current Situation and Trends57 Aleksander Jevšek: Criminal Post-Mortem Diagnostics in the Context of Investigation Mistakes59 Danijela Frangež, Anton Dvoršek: Criminal Investigation Aspects of Child Sexual Abuse Detection in Slovenia61 Boštjan Slak: Reality vs. Fiction: How Media Content can Affect Criminal Investigation – Preliminary Findings

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63 PANEL 2: FORENSICS

65 Мiroslav Busarčević, Lazar Nešić, Aleksandar Radomirović, Dušan Keckarević: Criminalistic Trasology – Science about Traces67 Berislav Pavišić, Petar Veić, Tadija Bubalović: Storage, Processing and Preservation of Data Obtained by DNA Analyses in Criminal Databases69 Frank D. Stolt: Modern Methods in Fire Investigation: Application of Fire Models in the Field of Fire Investigation – Use, Chances and Problems 71 Vojkan Zorić, Nataša Radosavljević-Stevanović, Jovan Šetrajčić, Igor Šetraj čić, Stevan Armaković, Slobodan Gadžurić: Application of Theoretical Method in Forensics for More Probable Determination of an Escaped Vehicle after Traffic Accident74 Maciej Trzciński: Forensic Archaeology in Practice

77 ROUND TABLE: Financial Crime: A Global Threat - Maximilian Edelbacher, Bojan Dobovšek, Peter C. Kratcoski, Arije Antinori, Matija Mastnak


85 Igor Bernik, Gorazd Meško: Cybercrime: What are we afraid of? 87 Dražen Škrtić, Damir Kralj, Mirna Švegar: Search and Seizure Data in Cyber Space – Mechanism to Preserve and Reproduce Data in Non- Volatile Format90 Darja Bernik, Bojan Tičar: The Role of Criminal Investigation in a Fight Against Tax Frauds92 Igor Lamberger, Bojan Dobovšek, Boštjan Slak: Criminal Investigation of Credit Card Related Crimes94 Ioan Liviu Tăut: New Strategies in Smuggling Investigation

97 PANEL 4: FORENSICS

99 Sanja Podunavac-Kuzmanović, Marija Petrin, Vojkan Zorić, Slobodan Gadžurić: Forensic Profiling of Illicit Drug Using Chemometric Techniques101 Slobodan Oklevski: Utilization of the Characteristics of the Third Level in the Process of Identifying Latent Prints with Particular Reference to the Pores, Edge Features and Palmar Flexion Creases 103 Želimir Radmilović, Mario Mikulić, Tatjana Kolar-Gregorić: The Potential for the Use of Electrostatic Dust Print Lifter for Recovery of Footwear Impressions at Crime Scenes + ROUND TABLE


107 Almuth Schützel: Elderly Crime – Criminal Investigation Perspectives of Crimes of the Elderly – Patterns and Defending Strategies

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110 Maj Fritz, Dragica Kotnik: Investigation of Criminal Offences Commited by Members of the Slovenian Armed Forces (Saf) in Military Operations Abroad112 Katja Eman, Gorazd Meško: Criminal Investigation of Environmental Crime in Slovenia with the Support of Crime Mapping 115 Boštjan Slak, Bojan Dobovšek, Renata Samardžić: Criminal Investigation of Art Crime in Slovenia117 Noah Charney: Comparing Criminal Investigative Systems for Art Crime Cases

119 PANEL 6: INVESTIGATIVE PSYCHOLOGY

121 Csaba Fenyvesi: Confrontation, as Special Interrogation Technique from Criminalistic Aspect123 Igor Areh: Differences among Females and Males in Personal Description of Culprits125 Željko Karas: Mistaken Eyewitness Identification in Lineup127 Jasmina Krštenić: Criminal and Psychological Aspects of Police Interview and Interrogation Approaches129 Gabriel Ion Olteanu, Emilian Dobrescu: About the Necessity to Learn the Simulated Behaviour131 Joanna Kabzińska: Long Term Concequences of Providing Perpetrator’s Description on Subsequent Lineup Performance


135 Anton Dvoršek, Danijela Frangež: Criminal Investigation Between Criminal Intelligence and »Kriminalstrategie« - Slovenian Case137 Mojca Rep: Implementation of Criminal Intelligence in Slovenia – Legal Dilemmas and Possible Solutions139 Damjan Potparič, Anton Dvoršek: Developed Criminal Intelligence Function as an Important Factor for Effective Crime Prevention and Criminal Investigation141 Borislav Petrović, Eldan Mujanović, Irma Deljkić: Instruments of International Police Cooperation in Criminal Investigation of Motor Vehicle Thefts in Bosnia and Herzegovina144 Miha Šepec: Criminal Investigation of Omission Offences

147 PANEL 8: ORGANIZED CRIME

149 Elena Topilskaya: Provocation and Enlisting as Investigating Methods in Countering the Organized Crime151 Muamer Nicević, Dragan Manojlović, Aleksandar R. Ivanović: Disclosing of Criminal Offences of Organized Crime Concerning the Geographic Dispersion of the Organised Criminal Groups in Republic of Serbia

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154 Katja Eman, Gorazd Meško, Bojan Dobovšek: Organized environmental crime in Slovenia157 Svetlana Nikoloska, Ivica Simonovski: International Cooperation in Keeping Criminal and Financial Investigation of Organized Economic and Financial Crime


163 Nedžad Korajlić, Driton Muharremi: The Profile of the Criminalist165 Vesna Žunić-Pavlović, Dragan Milidragović, Marina Kovačević- Lepojević: The Role of the School Police Officer in the Prevention of School Crime in Serbia167 Slaviša Vuković: The Relation Between Investigative and Preventive Criminalistics Police Activities169 Dragan Tatomir, Bozidar Forca, Vojkan Zorić: Application of Mathematical Methods of Statistics in the Process of Determination of More Probable Executor Suicidal Terrorism171 Luca Giommoni, Matevž Bren: On validity of Mafia Index: A Basic Investigative Tool for Practitioners

173 PANEL 10: LEGAL ISSUES

175 Boban Simić, Željko Nikač, Marija Blagojević: Comparative Review of Legal Status of Police in Criminal Proceedings 177 Mirela Gorunescu: Undercover Investigation in Romania - Legislative Aspects179 Arkadiusz Pikulik: Hearing of an Expert in Matters of Traffic Accident Crime in Polish Criminal Proceedings181 Tanel Järvet: The Bases and Boundaries of Notification of Criminal Intelligence Activities 184 Mile Šikman, Mile Matijević, Branislav Simonović: The Significance of Criminalistics in Prosecutorial Investigation Systems – An Example of The Republic of Srpska and B&H187 Mojca Rep: Some changes in criminal investigation in the light of the forthcoming Slovenian Criminal Procedure Act

189 ROUND TABLE: The Future of Criminalistics/Criminal Investigation – Darko Maver, Bojan Dobovšek, Katja Drobnič and other participants, AND CLOSING OF THE CONFERENCE

193 INDEX OF AUTHORS

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FOREWORD

It is an honor and a pleasure to welcome you to the first international conference on Criminalistics/Criminal Investigation in Europe: State of the Art and Challenges for the Future. The Conference is a part of an international conference on Policing in Central and Eastern Europe which is organized in Ljubljana by the Faculty of Crimi-nal Justice and Security, at the University of Maribor.

On behalf of the organizing and program committee allow us to say a few words and ask a few questions about the conference: Why are we organizing a special confer-ence on criminalistics/criminal investigation? Why in Slovenia? What is the aim of the conference?

It is fairly obvious that crime is increasing and changing, not only in Europe but also in other parts of the world. New forms of organized crime and economic crime, cor-ruption and terrorism, cyber crime and ecological crime have all (re)appeared. Illegal migration, trafficking in human beings, drug offenses, sexual exploitation of children and child pornography, have reached disturbing dimensions. Recent financial crises, stagnation of national economies and increased social differences and social prob-lems have also caused an increase in violence, property offenses and even terrorist attacks (e.g. Norway). The future is not too optimistic in this regard as well.

On the other hand, it seems that the reaction of society to these new forms of crime is, despite many political appeals, sometimes slow and not very effective. Legisla-tion changes slowly, reorganization of police organizations is not always effective, and there are financial problems and difficulties in international cooperation and in exchange of information between different institutions. Criminals use new meth-ods and modern technology, have vast financial resources and are usually “one step ahead” of the police. So what can we do to improve the situation?

Numerous institutions within the European Union have devoted additional resources to develop new strategies to fight crime (e.g., “The Stockholm Programme”) and there are conferences and meetings within Europol, Interpol, CEPOL, ENFSI and other pro-fessional police organizations that try to improve work in the field of criminal in-vestigation, forensic science and investigative psychology (like ENFSI Research and Development Strategy project). Last but not least, there are also various academic conferences held throughout Europe on crime and criminal justice (Slovenia hosted some of them: e.g. 9th Conference of European Society of Criminology in 2009 ,The 8th Biennial International Conference Policing in Central and Eastern Europe in 2010).

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These conferences however, focus mostly on criminological and general criminal jus-tice topics and only in small part on criminal investigation and criminalistics. There are some rare conferences on criminalistics (e.g., The First and Second Conference on New Trends in Criminal Investigation and Evidence in the Netherlands) but most of the papers usually deal with general police and criminal justice problems.

There is a need for new methods and strategies of detection, investigation and pros-ecution of old and new forms of crime. There is a need for innovation, research and development in science and technology that could be used for more effective investi-gation and prosecution. We should also research practical investigation and evidence gathering to find mistakes and to find the ways for more effective and efficient work of the police and prosecution. Efficiency can mean better clearance rates, more con-victed offenders and fewer miscarriages of justice. Hans Gross, an investigative judge from Austria, was among the first to notice the need for more knowledge in this field. In 1893, he published his famous book Handbuch fur untersuchungsrichter als system der kriminalistik, and since then, criminalistics has become an important part of the science of criminal investigation for detectives and investigators, as well as prosecutors and judges. The book has been translated into many languages and had many editions. Hans Gross also influenced the devel-opment of criminalistics in Slovenia. Prof. dr. Metod Dolenc, who met Gross during his staying in Graz between 1904 and 1914, began the lectures on crimialistics in the Faculty of Law at University of Ljubljana, and in 1921 founded the first Institute of Criminalistics there. The situation regarding criminalistics/criminal investigation in Europe varies greatly While in some countries it is classified as a science, in others it is seen as sort of a “quasi-science,” and yet in others a subdiscipline of police science or criminology. Furthermore, the communication among academics is sometimes difficult because of the language differences. There is perhaps too little cooperation between prac-titioners and academics, empirical research in this field is difficult and there is not enough research exchanged between the countries. The question that arises is what can we do to be more successful in criminal investigation and prosecution and what possible dangers can new technologies and scientific discoveries bring to individual rights of citizens and to the society in general.

The goals of this conference are therefore:

— to promote criminal investigation/criminalistics as a science and practical disci-pline;

— to get together academics and practitioners to share their knowledge and experi-ences about criminal investigation and forensic sciences;

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— to exchange views, ideas, research results and best practices from different coun-tries; and

— to contribute to more efficient, effective and ethical criminal investigation and criminal justice in general.

The large number of participants representing 13 countries in Europe gives hope that these goals will be achieved. Academics from Austria, Bosnia and Herzegovina, Croa-tia, Germany, Italy, Kosovo, Lithuania, FYR of Macedonia, Poland, Romania, Russia, Slovenia and UK are represented. Presentations include interesting and timely papers ranging from general criminalistics, its use for journalistic investigation, compari-son between criminal investigation, criminology and forensic sciences, the role of forensic science and problems around that, to specific questions of investigative psy-chology, criminal intelligence, tactics of investigation and investigation of different kinds of criminal offenses (organized crime, cyber-crime, elderly crime, financial and economic crime, environmental offenses, sexual offenses against children, etc.) and legal problems, among many others.

Our work begins with two plenary sessions covering basic themes of the conference and then continues discussions in several smaller panels. The program outlines five thematic panel groups: criminal investigation, forensic science, investigative psy-chology, organized crime and legal issues. It was difficult to decide in which penal session particular papers and authors should be placed. We tried to make plenary sessions and panels internationally versatile, and three roundtable discussions are included as well.

Since there are 63 presentations and our working time is limited to less than two full days, the presentations are limited to 10 (panel) and 15 minutes (plenary). We kindly ask all participants and chairs to stay within that limit with their presentation.

We wish you a successful conference with you leaving with many new ideas and practices. We hope we will meet again at the conference in two years.

Many thanks to all participants and also to all members of the Program and Organiz-ing Committee, and all others who helped us with organization of this conference.

Darko MaverBojan Dobovšek

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CONFERENCE PROGRAMME

PRE�REGISTRATION

Wednesday, September 21

17.00 to 19.00 Pre - registration at FCJS

DAY 1

Thursday, September 22

8.00 to 9.00 Registration at FCJS

9.00 to 9.30 Official opening

9.30 to 11.15 PLENARY SESSION 1

1. Darko Maver: Criminal Investigation/Criminalistics in Europe: State of the Art and Look to the Future

2. Rolf Ackermann, Almuth Schützel: Selected Problems of the Development of Criminalistics in Germany

3. Gorazd Meško, Duško Modly: A Reflection on the Development of Criminol-ogy and Criminalistics/Criminal Investigation

4. Stanislav Yalyshev: Problems and the Ways of Development of Modern Rus-sian Criminalistics

5. Robin Bryant: Forms of Reasoning in Criminal Investigation 11.15 to 11.30 Break

11.30 to 13.15 PLENARY SESSION 2

1. Katja Drobnič: Theoretical and Practical Pitfalls of Forensic Science 2. Józef Wójcikiewicz: Careless Gatekeepers? Judges’ Attitude towards Scien-

tific Evidence3. Bojan Dobovšek, Matija Mastnak: Criminalistics for Journalistic Investiga-

tions4. Jan Widacki, Natalia Mirska: Diagnostic Validity of Behavioural and Verbal

Symptoms of Deception5. Branislav Simonović, Maximilian Edelbacher: Strategic Approach of Crimi-

nal Investigation Police in Crime Combating (Comparative study of Austria and Serbia)

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13.15 to 13.30 Break

13.30 Departure to the City Hall and reception by the Mayor of Ljubljana

16.00 to 17.30 Panel sessions 1 and 2 PANEL 1: CRIMINAL INVESTIGATION

1. Mile Šikman, Velibor Lalić: Criminalistics/Criminal Investigation in Theory and Practice – Theoretical Concept and Practical Applicatibility

2. Želimir Radmilović, Krešimir Kamber: Legal and Factual Scopes and Bound-aries of the Crime Scene Investigation

3. Goran Bošković, Saša Mijalković: Motor Vehicle Crime in Serbia: Current Situation and Trends

4. Aleksander Jevšek: Criminal Post-Mortem Diagnostics in the Context of In-vestigation Mistakes

5. Danijela Frangež, Anton Dvoršek: Criminal Investigation Aspects of Child Sexual Abuse Detection in Slovenia

6. Boštjan Slak: Reality vs. Fiction: How Media Content can Affect Criminal Investigation – Preliminary Findings

PANEL 2: FORENSICS

1. Мiroslav Busarčević, Lazar Nešić, Aleksandar Radomirović, Dušan Keckarević: Criminalistic Trasology – Science about Traces

2. Berislav Pavišić, Petar Veić, Tadija Bubalović: Storage, Processing and Preservation of Data Obtained by DNA Analyses in Criminal Databases

3. Frank D. Stolt: Modern Methods in Fire Investigation: Application of Fire Models in the Field of Fire Investigation – Use, Chances and Problems

4. Vojkan Zorić, Nataša Radosavljević-Stevanović, Jovan Šetrajčić, Igor Šetrajčić, Stevan Armaković, Slobodan Gadžurić: Application of Theoreti-cal Method in Forensics for More Probable Determination of an Escaped Ve-hicle after Traffic Accident

5. Maciej Trzciński: Forensic Archaeology in Practice

16.00 to 17.30: ROUND TABLE: Financial Crime: A Global Threat - Maximilian Edelbacher, Bojan Dobovšek, Peter C. Kratcoski, Arije Antinori, Matija Mastnak

17.30 to 17.45 Break

17.45 to 19.15 Panel sessions 3 and 4

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PANEL 3: CRIMINAL INVESTIGATION

1. Igor Bernik, Gorazd Meško: Cybercrime: What are we afraid of? 2. Dražen Škrtić, Damir Kralj, Mirna Švegar: Search and Seizure Data in Cy-

ber Space – Mechanism to Preserve and Reproduce Data in Non-Volatile For-mat

3. Darja Bernik, Bojan Tičar: The Role of Criminal Investigation in a Fight Against Tax Frauds

4. Igor Lamberger, Bojan Dobovšek, Boštjan Slak: Criminal Investigation of Credit Card Related Crimes

5. Ioan Liviu Tăut: New Strategies in Smuggling Investigation

PANEL 4: FORENSICS

1. Sanja Podunavac-Kuzmanović, Marija Petrin, Vojkan Zorić, Slobodan Gadžurić: Forensic Profiling of Illicit Drug Using Chemometric Techniques

2. Slobodan Oklevski: Utilization of the Characteristics of the Third Level in the Process of Identifying Latent Prints with Particular Reference to the Pores, Edge Features and Palmar Flexion Creases

3. Želimir Radmilović, Mario Mikulić, Tatjana Kolar-Gregorić: The Potential for the Use of Electrostatic Dust Print Lifter for Recovery of Footwear Impres-sions at Crime Scenes + ROUND TABLE

19.30 to 21.00 Reception – hosted by the dean of FCJS, professor Gorazd Meško

DAY 2

Friday, September 23



1. Almuth Schützel: Elderly Crime – Criminal Investigation Perspectives of Crimes of the Elderly – Patterns and Defending Strategies

2. Maj Fritz, Dragica Kotnik: Investigation of Criminal Offences Commited by Members of the Slovenian Armed Forces (Saf) in Military Operations Abroad

3. Katja Eman, Gorazd Meško: Criminal Investigation of Environmental Crime in Slovenia with the Support of Crime Mapping

4. Boštjan Slak, Bojan Dobovšek, Renata Samardžić: Criminal Investigation of Art Crime in Slovenia

5. Noah Charney: Comparing Criminal Investigative Systems for Art Crime Cases

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PANEL 6: INVESTIGATIVE PSYCHOLOGY

1. Csaba Fenyvesi: Confrontation, as Special Interrogation Technique from Criminalistic Aspect

2. Igor Areh: Differences among Females and Males in Personal Description of Culprits

3. Željko Karas: Mistaken Eyewitness Identification in Lineup4. Jasmina Krštenić: Criminal and Psychological Aspects of Police Interview

and Interrogation Approaches5. Gabriel Ion Olteanu, Emilian Dobrescu: About the Necessity to Learn the

Simulated Behaviour6. Joanna Kabzińska: Long Term Concequences of Providing Perpetrator’s De-

scription on Subsequent Lineup Performance

10.30 to 10.45 Break



1. Anton Dvoršek, Danijela Frangež: Criminal Investigation Between Criminal Intelligence and »Kriminalstrategie« - Slovenian Case

2. Mojca Rep: Implementation of Criminal Intelligence in Slovenia – Legal Di-lemmas and Possible Solutions

3. Damjan Potparič, Anton Dvoršek: Developed Criminal Intelligence Func-tion as an Important Factor for Effective Crime Prevention and Criminal In-vestigation

4. Borislav Petrović, Eldan Mujanović, Irma Deljkić: Instruments of Interna-tional Police Cooperation in Criminal Investigation of Motor Vehicle Thefts in Bosnia and Herzegovina

5. Miha Šepec: Criminal Investigation of Omission Offences

PANEL 8: ORGANIZED CRIME

1. Elena Topilskaya: Provocation and Enlisting as Investigating Methods in Countering the Organized Crime

2. Muamer Nicević, Dragan Manojlović, Aleksandar R. Ivanović: Disclosing of Criminal Offences of Organized Crime Concerning the Geographic Disper-sion of the Organised Criminal Groups in Republic of Serbia

3. Katja Eman, Gorazd Meško, Bojan Dobovšek: Organized environmental crime in Slovenia

4. Svetlana Nikoloska, Ivica Simonovski: International Cooperation in Keep-ing Criminal and Financial Investigation of Organized Economic and Finan-cial Crime

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1. Nedžad Korajlić, Driton Muharremi: The Profile of the Criminalist2. Vesna Žunić-Pavlović, Dragan Milidragović, Marina Kovačević-Lepojević:

The Role of the School Police Officer in the Prevention of School Crime in Serbia

3. Slaviša Vuković: The Relation Between Investigative and Preventive Crimi-nalistics Police Activities

4. Dragan Tatomir, Bozidar Forca, Vojkan Zorić: Application of Mathemati-cal Methods of Statistics in the Process of Determination of More Probable Executor Suicidal Terrorism

5. Luca Giommoni, Matevž Bren: On validity of Mafia Index: A Basic Investiga-tive Tool for Practitioners

PANEL 10: LEGAL ISSUES

1. Boban Simić, Željko Nikač, Marija Blagojević: Comparative Review of Le-gal Status of Police in Criminal Proceedings

2. Mirela Gorunescu: Undercover Investigation in Romania - Legislative As-pects

3. Arkadiusz Pikulik: Hearing of an Expert in Matters of Traffic Accident Crime in Polish Criminal Proceedings

4. Tanel Järvet: The Bases and Boundaries of Notification of Criminal Intelli-gence Activities

5. Mile Šikman, Mile Matijević, Branislav Simonović: The Significance of Criminalistics in Prosecutorial Investigation Systems – An Example of The Republic of Srpska and B&H

6. Mojca Rep: Some changes in criminal investigation in the light of the forth-coming Slovenian Criminal Procedure Act

13.30 to 13.45 Break

13.45 ROUND TABLE: The Future of Criminalistics/Criminal Investigation – Darko Maver, Bojan Dobovšek, Katja Drobnič and other participants, AND CLOSING OF THE CONFERENCE

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PLENARY SESSION 1

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21CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...

PLENARY SESSION 1

CRIMINAL INVESTIGATION/CRIMINALISTICS IN EUROPE: STATE OF THE ART AND LOOK TO THE FUTURE

AUTHOR:

Darko Maver

ABSTRACT

PURPOSE:

The purpose of this paper is (1) to highlight the importance of criminalistics (both as a science and practical discipline) for successful, efficient and ethi-cal detection and investigation of criminal offences; (2) to analyse its status and state of the art in different countries in Europe and its relationship to some other sciences; (3) to predict the future development and research in the field of criminal investigation and possible problems around it.

DESIGN/METHODOLOGY/APPROACH:

The paper is based on a literature review on criminalistics in different Euro-pean countries. A comparison of study courses at universities was used to identify the situation and problems regarding its relationship to other sci-ences. Development in the field of natural and social sciences as well as in-formation technology was a basis for prediction of future development of criminalistics.

FINDINGS:

Criminalistics/Criminal Investigation is treated differently in European coun-tries. In some countries it has a status of an independent science, often con-nected with law (Germany, Russia, Serbia, Bosnia and Herzegovina, Poland), in others it is a “half“ science usually incorporated formally to criminol-ogy (Slovenia, Austria, Croatia) or a subdiscipline of police sciences and criminology or recognized only as a forensic science (France, Italy, UK). The terminology used is different, especially between English and non-English speaking countries, and borders between criminalistics and other disciplines like forensic science, police science, investigative psychology, and criminol-ogy are not clear. Although there is a need for more and more specialized

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22 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS

CRIMINAL INVESTIGATION/CRIMINALISTICS IN EUROPE: STATE OF THE ART ... Darko Maver

knowledge of criminal investigation and scientific evidence both for investi-gators and prosecutors and judges, these topics are not covered enough by research and scientific literature. It is important to develop criminalistics as a practical discipline in police academies and police vocational schools, how-ever there is also a need to study and research it at the university level. It is important, however, that criminalistics obtains a status as an independent science and not just be a part of criminology or police science. Possibilities to get to a common ground between countries in Europe are not good because of a traditional view to this science.

More research and exchange of results should be stimulated among Europe-an countries. Language barriers make exchange of information and literature difficult and the analyses of textbooks have shown that most authors use only literature in their own language. The future of criminalistics/criminal inves-tigation should be discussed and possible dangers to human rights predicted. The use of brainfingerprinting, visual recognition technology, information and communication technology, micro expressions, new psychological tech-niques of interrogation and interview, criminal intelligence models and pro-active investigation methods can attribute to more effective detection and investigation of crime but can also pose threat to human rights.

PRACTICAL IMPLICATIONS:

The results can be used to more clearly define the status of criminalistics as a science and to unify the terminology in this field, as well as to stimulate research in criminalistics to investigate new forms of crime and to use new methods of investigation.

ORIGINALITY/VALUE:

Not much empirical research or reflection has been done so far in Europe regarding the status of criminalistics and criminal investigation in general as well as about the new forms of criminal and deviant acts that are covered by this science. The topic is covered partly for individual country, usually in native language while there has been no general overview of the situation in Europe and comparison among countries.

KEYWORDS:

criminalistics, criminal investigation, forensic sciences, investigative psy-chology, crime science

1 - Darko Maver.indd 22 8.9.2011 13:13:52

CRIMINAL INVESTIGATION/CRIMINALISTICS IN EUROPE: STATE OF THE ART ...


Darko Maver

ABOUT THE AUTHOR:

Darko Maver, LLM., Ph.D. is a Professor at the Faculty of Criminal Justice and Security, University of Maribor, Slovenia. His research interest is focused on criminal investigation. He conducted several research projects in this field and published 3 books and over 200 articles on this topic. He is a former di-rector of the Slovenian Criminal Police and former dean of College of Police and Security Studies. E-mail: [email protected].

1 - Darko Maver.indd 23 8.9.2011 13:13:52


PLENARY SESSION 1

SELECTED PROBLEMS OF THE DEVELOPMENT OF CRIMINALISTICS IN GERMANY

AUTHORS:

Rolf Ackermann and Almuth Schützel

ABSTRACT

PURPOSE:

The main goal of this paper is to present the state of the art of criminalistics and to highlight some challenges and problems regarding criminalistics in Germany.


It is believed that criminalistics must be designed in a more future oriented manner. It cannot persist as a science at the current level. Besides, further developing theory and methodology of criminalistics, the technology driven crimes conducted at present times need to be analyzed and novel investiga-tion and intervention techniques acquired.

FINDINGS:

Recognizable trends are shown in the development of criminalistics as a sci-ence, and helpful instructions are given for the criminal investigation. In gen-eral, criminalistics intends to improve the tools and procedures available to collect information and evidence as well as identifying criminals. The histori-cal development of scientific criminalistics in Germany and the current sys-tem is presented in the education of criminalistics. The department of crimi-nal investigation celebrated its 200th year existence in Germany on 1 April, 2001. The development of criminalistics as a scientific discipline is closely associated with it.

Criminalistics is recognized as a scientific discipline in Germany now. It rests on the foundation of the teaching accounted by Hans Gross, Ludwig H. F. Jagemann, Franz of Liszt, Hans Schneikert and others which was founded in the 1920s. Criminalistics in Germany gets constantly enhanced through

2 - Rolf Ackermann.indd 24 8.9.2011 13:14:11

SELECTED PROBLEMS OF THE DEVELOPMENT OF CRIMINALISTICS IN GERMANY


Rolf Ackermann, Almuth Schützel

numerous publications, books and specific articles in scientific journals. However, the theoretical and methodological foundations of criminalistics are less pronounced. Reasons for that among others are, missing institutions for criminalistics and besides a few lectures on “Criminology For Jurists”, the absence of a university degree education for criminal investigation. Never-theless, criminalistics has its own independent and respected place among the forensic sciences. Criminal justice includes: Criminology, Criminal Law, Legal Medicine and other forensic disciplines. In Germany ‘police science’ is slowly starting to establish itself. Although its subject is more comprehen-sive, the knowledge and methodology of criminalistics are the corner stones of police science. Yet, criminalistics stays an independent science used by the police force.

It will be presented, that the object of criminalistics is determined by the criminal investigation of the police. Criminalistics should not be understood as a synonym for criminal investigation and it should not be limited to the police work alone. The know-how of criminalistics is also applied outside the police department. Forensic methods are used in particular by the pub-lic prosecutor’s office, judges and other judicial institutions, during criminal prosecution. Increasingly, criminalistic methods are exploited by non police institutions including private investigation services, security companies and private detectives. The safety and security management in those institutions as well as the skills of their employees with respect to legal matters and crim-inalistic methods are gaining more importance in the future. With that, a structural change has taken place in the tasks of criminal investigators.

Criminalistics is currently undergoing a radical change caused by develop-ments in the information society, especially due to the underlying scientific and technical progress. The information and communication technology has created great commotion. Although the traditional methods and procedures are still valid they must be more aligned with the fight against the newly de-veloped crime phenomena. These crimes require a profile change of criminal-istics. New methods need to be introduced to uncover and examine interna-tionally organized crimes, business delinquency, and cyber crimes including development of IT forensics.

RESEARCH LIMITATIONS/IMPLICATIONS:

Here, considerations regarding the further development of criminalistics will be discussed. The fundamental problems in this development should be ana-lyzed by a research group at European level.



SELECTED PROBLEMS OF THE DEVELOPMENT OF CRIMINALISTICS IN GERMANY Rolf Ackermann, Almuth Schützel

ORIGINALITY/VALUE:

The value of this contribution lies in describing the current and future role of criminalistics in the work of police and assisting institutions. Problems and new requirements for investigatory methods due to the technological advancements and accompanying new criminal practices will be discussed. Options or a successful development of criminalistics towards an indepen-dent science will be evaluated.

KEYWORDS: objects of criminalistics, police science, non police use of criminalistics, new crime phenomena, cyber crime, criminalistics research

ABOUT THE AUTHORS:

Rolf Ackermann, prof. dr. sc. jur., is criminologist, retired since 01.01.2000. Before the retirement he was a head of the Department of criminal investi-gation, scientific leader of criminal tactics research projects in the former “Criminal Institute of Germany”, lecturer of criminalistics and criminology and prorector of the “College of Public Administration and Police of Branden-burg”, vice president of the College of the State Police of Brandenburg”. He is the author of numerous publications, criminalistic textbooks and scientific articles. His recent publication: Ackermann.R, Clages, H, Roll, H. Handbook of Criminalistics, 4th Edition, 2011, Richard Boorberg Verlaf Stuttgart, Ack-ermann.R, Criminal Case Analysis, published by German police literature, Hilden 2010. Contact information: [email protected].

Almuth Schützel, Master of Criminology and Police Science, Detective su-perintendent, Office of Criminal Investigation for the State of Brandenburg, Federal Republic of Germany, Head of the Working Group International Rela-tions of the German Association for Criminalistics. Contact details: email to: [email protected], [email protected], www.kriminalsitik.info.



PLENARY SESSION 1

A REFLECTION ON THE DEVELOPMENT OF CRIMINOLOGY AND CRIMINALISTICS/CRIMINAL INVESTIGATION

AUTHOR:

Gorazd Meško and Duško Modly

ABSTRACT

PURPOSE:

The purpose of this paper is to highlight the importance of criminology as well as criminal investigation/criminalistics. Criminology is already consid-ered to be a scientific discipline, while unanswered questions about the status of criminalistics/criminal investigation as a scientific discipline still remain. Three perspectives will be presented – (1) criminologists and their subject of research and criminalists and (2) their field of research and study as well as (3) development of both multi- and interdisciplinary disciplines with the em-phasis on reflection of developmental stages of criminology, using analogy for a possible development of criminalistics/criminal investigation.


The article is based on a literature review related to the development of crimi-nalistics and criminology from a perspective of scientific disciplines in Cen-tral and Eastern Europe.

FINDINGS:

Criminology is a scientific discipline which deals with the making of laws, breaking laws and social reaction on breaking laws. Criminalistics/criminal in-vestigation is focused on means and methods of detection and investigation of criminal offences. Criminological research is based on social scientific research methods while criminalistics/criminal investigation is based on criminal law and a mixture of social and natural sciences. A scientific part of criminalistics in many ways resembles research methods of criminology. Therefore, frame-works of criminological research and criminal investigation (research) have a lot in common – seeking for the truth from a variety of perspectives. Crimi-nology overlaps with scientific research in the field of criminalistics/criminal investigation, especially in a wide area of crime patterns and perpetrator classi-

3 - Gorazd Meško in Duško Modly.indd 27 8.9.2011 13:14:30


A REFLECTION ON THE DEVELOPMENT OF CRIMINOLOGY AND CRIMINALISTICS/ ... Gorazd Meško, Duško Modly

fication as well as in the field of situational crime prevention (problem oriented policing, hot spots, etc.). Hans Gross stated that a society needed a scientific police which should rely on science in criminal investigation and later on in fair trial. Criminology seeks for explanation of criminal behaviour, causes of crime and reactions on crime. Mainstream criminology relies on detected and record-ed crimes by the police. A wider perspective of criminology deals with crimes which are not reported to or recorded by the police but cause more damage that “everyday crimes”. Criminological studies on characteristics of criminals, interactions and victims can be helpful for criminal investigation. Problems of development of criminology as a science and criminalistics/criminal investiga-tion will be presented in an analytical perspective.


The results imply that criminology and criminalistics have a lot in common but still differ significantly in their goals. The paper is useful because crimi-nology faced about the same developmental problems decades ago (in the mid-1960) as criminalistics/criminal investigation is facing at present. Crimi-nalistics/criminal investigation can use some of the developmental crimino-logical experiences to facilitate research in the future to assure a substantial body of knowledge in the field of criminalistics/criminal investigation and gain a status of science on criminal investigation.

ORIGINALITY/VALUE:

This paper is a literature review on interconnectedness between criminalis-tics and criminology from a perspective of investigative (research) methods used in both discipline.

KEYWORDS:

criminalistics, criminal investigation, criminology, crime and deviance, sci-ence

ABOUT THE AUTHORS:

Gorazd Meško, PhD, is Professor of Criminology and Dean of the Faculty of Criminal Justice and Security, University of Maribor, Slovenia. His main research interests are related to crime prevention, crime control policy, polic-ing, and provision of safety/security.

Duško Modly, LLD, is retired Professor of Criminalistics/Criminal Investiga-tion from Zagreb, Croatia. He is the author of numerous articles and mono-graphs on criminal investigation. In his police and academic career he signifi-cantly contributed to the development of criminalistics/criminal investiga-tion in the republics of former Yugoslavia.

3 - Gorazd Meško in Duško Modly.indd 28 8.9.2011 13:14:30


PLENARY SESSION 1

PROBLEMS AND THE WAYS OF DEVELOPMENT OF MODERN RUSSIAN CRIMINALISTICS

AUTHOR:

Stanislav Yalyshev

ABSTRACT

PURPOSE:

The purpose of this article is to identify and offer solutions to the main prob-lems of the training of specialists in criminal investigations, such as detec-tives-investigators and experts in crime scene inspection, as well as specialists in forensic examinations. The necessity of reviewing the system and methods of training is determined by the remaking of Russia’s legal and judicial sys-tem due to the ratification of the European Convention of Human Rights.

DESIGN/METODOLOGY/APPROACH:

The article is based, at first, on the fundamental works of criminalistics and forensic researchers and scientists in Russia since the middle of 20th century, such as R. S. Belkin, A. Winberg, N. Yablokov, N. Selivanov etc., who estab-lished a general theory of Russian criminalistics. This theory presented the criminal investigation as a set of elements existing in cooperation and inter-dependence. Some contemporary publications are analyzed too, including several handbooks and practical courses prepared by the author in coopera-tion with other academics.

FINDINGS:

Since the Criminal Procedure in Russia became controversial, a jury trial had been brought up, and the guarantee of a “fair trial” had been proclaimed. This had required new standards of criminal procedure , as well as of the system of investigating methodology and forensic science. However, that aim had not been achieved yet. Developed forensic theory combined with practical methods had been successfully used in detectives’ training some time ago. In Russia however, due to the recent joining to the Bologna educational system, the theoretical part of training has been deleted from studying programs, and

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PROBLEMS AND THE WAYS OF DEVELOPMENT OF MODERN RUSSIAN CRIMINALISTICS Stanislav Yalyshev

now the entire course of criminalistics has been reduced to practical exercis-es, not only in the police academies but also in Law faculties of universities. Bachelors graduated from Law faculties become good executors, but are not able in generally to analyze the data and create the solution, and hesitate to present the evidence to the court.

ORIGINALITY/VALUE

Summing the negative effects of thoughtless reduction of curriculum, the author in this paper tries to find the ways to correct the system of training specialists in criminal investigation.

KEYWORDS:

criminalistics, forensic researches, criminal investigation, system of training, experts, presentation of the evidence, court

ABOUT THE AUTHOR:

Stanislav Alimovich Yalyshev, LL.D., Professor. Russian Academy of Jus-tice, 197198 Russia, St. Petersburg, ul. S‘ezzhinskaya d.12, kv. 29. Tel. +7-921-743-46-98 E-mail: [email protected], [email protected].

4 - Stanislav Yalyshev.indd 30 8.9.2011 13:15:08


PLENARY SESSION 1

FORMS OF REASONING IN CRIMINAL INVESTIGATION

AUTHOR:

Robin Bryant

ABSTRACT

PURPOSE:

The main purpose is to discuss both extant forms of reasoning in criminal investigation and how investigators might be trained to adopt more success-ful methods.


The paper will be based on a literature review and the author’s own work (both published and through involvement in training) on forms of reasoning used during criminal investigation.

FINDINGS:

The findings are that investigators tend to employ subtle forms of reason-ing which are not often described and analysed in the literature. Similarly, although investigators are able to recognise the main forms of logical error, those that occur during actual criminal investigation are less easy to iden-tify.


The literature review highlights a discordance between the ‘popular’ and eas-ily identify forms of reasoning and the identification of fallacy and the practi-cal experience of criminal investigators. Future research could be directed at how an increased professionalization of criminal investigation should lead to more scientific and subtle forms of reasoning (and diagnostic decision-mak-ing) being employed.

5 - Robin Bryant.indd 31 8.9.2011 13:12:50


FORMS OF REASONING IN CRIMINAL INVESTIGATION Robin Bryant


The practical implications are that training for criminal investigators in terms of reasoning and hypothesis setting and testing should improve.

ORIGINALITY/VALUE:

What is new is the identification of less commonly recognised forms of rea-soning employed in criminal investigation, including their theoretical origins but also the practical implications.

KEYWORDS:

criminal investigation, subtle forms of reasoning in criminal investigation

ABOUT THE AUTHOR:

Robin Bryant, PhD, Director of Criminal Justice Practice, Canterbury Christ Church University, Research into intelligence led policing, reasoning in in-vestigation and cybercrime. Author of Blackstone’s Student Police Officer Handbook (now in 6th edition), Investigating Digital Crime and contributor to Understanding Criminal Investigation.

5 - Robin Bryant.indd 32 8.9.2011 13:12:51

PLENARY SESSION 2

1 - Katja Drobniè.indd 33 8.9.2011 13:23:04


PLENARY SESSION 2

THEORETICAL AND PRACTICAL PITFALLS OF FORENSIC SCIENCE

AUTHOR:

Katja Drobnič

ABSTRACT

PURPOSE:

The purpose of the article is to highlight the underpinning logic of the theo-retical paradigm of forensic science as well as its role and scope in judicial system, as those aspects of forensic science are unjustifiably ignored and misunderstood due to the great significance placed on forensic analytical methods when solving a legal issue. The article is mainly aimed at forensic scientists, forensic practitioners, crime scene investigators and criminal in-vestigators.


Methods of description and comparison were used to explore the difference in the perception and comprehension of forensic science, primarily by foren-sic scientists, forensic practitioners, criminal investigators and crime scene technicians, but also by jurists and the public. The scope of the article is to review the terminology used in criminalistics, crime scene techniques and forensic science as well as to enhance the understanding of the concepts of forensic science, both in Slovenia and some parts of Europe and in the USA.

FINDINGS:

Despite significant developments in the technology used in forensic science during the last twenty years, only a few studies have been focused on the cog-nitive and logical basis of forensic science. The situation is the same if we take a closer look at its role and scope. From various texts, a huge difference in the meaning and understanding of forensic science, criminalistics and crime scene techniques between forensic scientists in different countries as well as between forensic scientists and practitioners has been observed. Moreover, no consistent use of particular terms has been noticed. The most frequent misunderstanding of concept identification and scope of forensic science is presented. Problems related to the responsibility and role of different profes-



THEORETICAL AND PRACTICAL PITFALLS OF FORENSIC SCIENCE Katja Drobnič

sionals (criminal investigator, forensic scientist, forensic practitioner, crime scene technician) in criminal cases are discussed. The following conclusions have been drawn from the study: First, there are fundamental differences in the understanding of the role and area of operation of forensic scientists in different countries, which are derived from the past. Second, education programmes in forensic science (techniques of crime scene investigation, criminalistics) mainly focus on the improvement of knowledge about foren-sic science laboratory techniques and methods, and only a few programmes have also included the theoretical basis of forensic science. Third, there is a lack of forensic science education programmes for forensic practitioners in many countries and poor or no collaboration between forensic researchers and practitioners. And, last but not least, there is an influence of popular fiction on the perception of the role and scope of forensic science, not only among the public, but also among professionals. The fundamental conclu-sion of the study is that although unification of terms will not be possible, we can achieve their recognition, thus enabling proper communication.


Research implication is that the knowledge of theoretical concepts of forensic science as well as communication between different professionals both in their own country and internationally will have to be improved.

ORIGINALITY/VALUE:

This is the first research on the perception of the paradigm and role of fo-rensic science in Slovenia and comparison of linguistic differences between different parts of Europe in the field of forensic science.

KEYWORDS:

forensic paradigm, linguistics, role and scope of forensic science, education, forensic science, criminalistics, crime scene technique

ABOUT THE AUTHOR:

Katja Drobnič, Professor of Forensic Science at the Faculty of Criminal Justice and Security, University of Maribor, and Forensic Genetics, Biotechnical Faculty, University of Ljubljana. She works at the National forensic laboratory, Police, Ministry of the Interior, Slovenia, and on the Faculty of Criminal Justice and Security, University of Maribor. Her research and teaching is focused on forensic and population genetics, analysis of bloodstain patterns, identification of biolog-ical stains and species. Her main achievements in the last 5-10 years are on the forensic and population genetics field. Contact information: Vodovodna 95, 100 Ljubljana, Slovenia; Phone: +38614285426; E-mail: [email protected].



PLENARY SESSION 2

CARELESS GATEKEEPERS? JUDGES’ ATTITUDE TOWARDS SCIENTIFIC EVIDENCE

AUTHOR:

Józef Wójcikiewicz

ABSTRACT

PURPOSE:

The purpose of the paper is to present a comparative analysis of judges’ per-ception of various kinds of forensic expert witness opinions, and their self-as-sessment of their competences in scientific evidence evaluation.


The paper is based on a review and analysis of surveys conducted in Poland and abroad.

FINDINGS:

The majority of the surveyed respondents revealed that they were not suffi-ciently prepared for the scientific evidence evaluation (Gatowski et al., 2001; Kwiatkowska-Wójcikiewicz & Wójcikiewicz, 2009; Hrehorowicz, 2011). A number of surveys of judges conducted recently showed that the respon-dents’ knowledge also on eyewitness identification is rather limited (Wise & Safer, 2004; 2010; Magnussen et al., 2008; 2010). Judges’ competences and self-esteem appeared to be poor regardless the criminal justice system. Fo-rensic science education of law students, apprentices and judges as well as metaopinions are the obvious remedies for the incompetence of the gate-keepers.

ORIGINALITY/VALUE:

The paper deals with a forensic knowledge comparison of the respondents from various countries, representing different legal systems.

2 - Jozef Wojcikiewicz.indd 37 8.9.2011 13:23:42


CARELESS GATEKEEPERS? JUDGES’ ATTITUDE TOWARDS SCIENTIFIC EVIDENCE Józef Wójcikiewicz

KEYWORDS:

scientific evidence evaluation, judges’ competences, eyewitness identifica-tion, survey

ABOUT THE AUTHOR:

Józef Wójcikiewicz, LL.D., full Professor of law and forensic science, head of the Department of Criminalistics at the Nicolaus Copernicus University in Toruń and Professor at the Department of Criminalistics and Public Security of the Jagiellonian University in Kraków, Poland. Former vice-dean of the Law and Administration Faculty at the Jagiellonian University, and former deputy director of the Institute of Forensic Research in Kraków. Department of Criminalistics, Nicolaus Copernicus University, Gagarina 15, 87-100 Toruń, Poland. E-mail: [email protected].

2 - Jozef Wojcikiewicz.indd 38 8.9.2011 13:23:42


PLENARY SESSION 2

CRIMINALISTICS FOR JOURNALISTIC INVESTIGATIONS

AUTHORS:

Bojan Dobovšek and Matija Mastnak

ABSTRACT

PURPOSE:

The purpose of the article is to analyse the use of criminalistics in journalistic investigation of phenomena in contemporary society. Investigative reporters as a special journalists, should be familiar with criminal law, criminology, sociology of deviance, personality psychology , social psychology, victimol-ogy, penology, and above all criminalistics. On the other hand, investigative reporters can and do to use methods and techniques similar to those used in formal crime investigations (interviews, surveillance and analyse scene of the crime).


The study took a descriptive method using a literature review supported by a qualitative methods including in-depth interviews with investigative report-ers and police investigators.

FINDINGS:

By the analyzing job of journalists we found out that the job of an investiga-tive reporter is distinct from apparently similar work done by police, lawyers, and other regulatory bodies. On the other hand, investigative reporters can use methods and techniques similar to those used in formal crime investiga-tion. The main paradox is a defused line between the private and the public aspects of people’s lives, and to what extend can investigative journalist legit-imately enter private sphere of a person for gaining information on which the news story will be based. Investigative journalism is a security mechanism, but it raises the question of who controls the press in their work. In their exploration and investigation, journalists come into a dilemma when there is no law or specific written rules of what is permitted and what is not in a given situation. The authors specifically point out that the method of interviewing is used both by the judicial organs of security and by investigative journal-

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CRIMINALISTICS FOR JOURNALISTIC INVESTIGATIONS Bojan Dobovšek, Matija Mastnak

ists, but the main difference is that the security authorities adhere to specific rules and regulations. It is only the government investigators that must meet the high burden of proof of the alleged crime whereas the reporters are free to report even if their findings fall short of judicially recognizable standards of proof.


The results are generalizable just for the situation in Slovenia. Future study should include also more qualitative measures like in-depth interviews with competent experts in field of criminalistics and journalism.


A useful new source of knowledge for all journalists and particularly for in-vestigative reporters.

ORIGINALITY/VALUE:

This paper extends understanding of criminalistics on how criminalistics can be used also in other occupations, in this case in investigative journalism.

KEYWORDS:

criminalistics, criminal investigation, investigative reporting, journalism

ABOUT THE AUTHORS:

Bojan Dobovšek, Associate Professor and Vice-Dean of the Faculty of Crimi-nal Justice and Security, University of Maribor, Slovenia. E-mail: [email protected].

Matija Mastnak, Sociologist, Bachelor of Arts in Criminal Justice and Secu-rity Science, Junior Editor of the Daily Information Program on Television Slovenia (Public Television). He is conducting a Ph. D. research on investiga-tive reporting at the Faculty of Criminal Justice and Security, University of Maribor, Slovenia. E-mail: [email protected].

3 - Bojan Dobovšek in Matija Mastnak.indd 40 8.9.2011 13:24:08


PLENARY SESSION 2

DIAGNOSTIC VALIDITY OF BEHAVIORAL AND VERBAL SYMPTOMS OF DECEPTION

AUTHORS:

Jan Widacki and Natalia Mirska

ABSTRACT

PURPOSE:

Non-instrumental methods of detection of deception could be useful tool for police interrogation as well as for polygraph examination (as a part of pre-test interview). In the literature, authors present many different verbal and non-verbal symptoms of deception. Which of them are most significant, and which ones are the worst? Who is better prepared to recognize lies from above men-tioned symptoms: police officers, teachers or psychologists? Which is more important for the recognition of lie: knowledge of psychology, experience in the police force or in the profession of the teacher’?


A catalogue of 16 typical verbal and non-verbal (behavioral) symptoms of de-ception quoted most frequently in the literature of the subject from the angle of forensic psychology and criminalistics was submitted for the evaluation of 100 police officers (police detectives), 100 teachers, and 101 psychologists.

FINDINGS:

All the respondents claimed that performing their duties they must frequently assess their interlocutor is telling the truth. Most of them believe that they can correctly recognize whether their interlocutor is lying. The respondents’ task was to use their knowledge and professional and life experience to sort the 16 symptoms mentioned above, into the categories: “frequently accompanying lies”, “sometimes accompanying lies”, and “never accompanying lies”.

In this way, the most typical, and therefore the most diagnostic verbal and non-verbal symptoms of a lie in the opinion of the 301 respondents were

4 - Jan Widacki in Nataša Mirska.indd 41 8.9.2011 13:24:27


DIAGNOSTIC VALIDITY OF BEHAVIORAL AND VERBAL SYMPTOMS OF DECEPTION Jan Widacki, Natalia Mirska

chosen. They are: avoiding the gaze of the interlocutor (approx. 70% of an-swers), fidgeting and quick shifting of the position of the body (approx. 50% of answers), hesitation while talking, frequent interruptions with “er..”, “um.. and similar phrases (approx. 40% of answers), and artificial and unnatural laughter (approx. 40% of answers). Most of the respondents expressed the opinion that the symptoms of a lie (both: verbal and non-verbal) are not uni-versal, but typical of individuality personality types.

The most important findings are:

1. No major differences were discovered between the indications of police officers, psychologists and teachers;

2. Practical recognition of the lie is primarily based on behavioral symptoms, and less on the grounds of assessment of verbal ones;

3. Without respect to education and vocational training, the respondents as a rule focus on the same symptoms of the lie, and therefore they usually do it in line with their life experience.

KEYWORDS:

detection of deception, police interrogation, non-instrumental methods of de-tection of deception, verbal and behavioral symptoms of lie, lie, deception

ABOUT THE AUTHORS:

Jan Widacki LL.D, full professor of criminalistics and criminology, Director of the Criminal Justice Institute of the AFM Krakow University (Poland); edi-tor –in – chief of the “European Polygraph”, former vice-Minister of Interior, former Ambassador in Lithaunia, member of the Polish Parlament (Sejm). E-mail: [email protected].

Natalia Mirska PhM, psychologist, AFM Krakow University (Poland), De-partment of Psychology and Department of Criminal Justice. E-mail: [email protected].

4 - Jan Widacki in Nataša Mirska.indd 42 8.9.2011 13:24:27


PLENARY SESSION 2

STRATEGIC APPROACH OF CRIMINAL INVESTIGATION POLICE IN CRIME COMBATING �COMPARATIVE STUDY OF AUSTRIA AND SERBIA�

AUTHORS:

Branislav Simonović and Maximilian Edelbacher

ABSTRACT

PURPOSE:

The purpose of this paper is to highlight the importance of criminal analysis, especially strategic crime analysis. Different European documents and theory suggest the importance of criminal analysis, especially strategic analysis of the crime. The paper examines the implementation in the practice crime anal-ysis and especially the strategic aspects of the criminal investigation analysis in daily work of the police in Austria and Serbia. These two states were select-ed for a comparative study because one is a developed and another one is in transition. In addition, there is a significant transfer of crime between them.


A theoretical approach to the subject of the topic is based on the European documents that suggest the strategic and operative analysis of crime and on the state of the theoretical knowledge in the literatures. The empirical ap-proach to the topics is based on the research of the practice based on the questionnaire and case studies. Framework for research on the practice is a state in areas of operational and strategic analysis of crime in Austria and Serbia.

FINDINGS:

In the literature and in the recent European documents are much empha-sized / insists on introducing strategic and operational analysis of crime at all levels and units of criminal investigation service. But in practice it is not so. A strategic analysis of crime is very neglected in Serbia. The work of crime investigation services is based on the analysis of operational information and their work is essentially reactive not proactive. Proactive work of the police investigation services needs strategic analysis. The neglect of the proactive

5 - Branislav Simonoviè in Maximilian ....indd 43 8.9.2011 13:23:27


STRATEGIC APPROACH OF CRIMINAL INVESTIGATION POLICE IN CRIME COMBATING ... Branislav Simonović ...

approaches and strategic analysis in the police work in Serbia is not an acci-dental. Strategic analysis of crime in certain cases would show a connection between the political centers of power and certain forms of organized crime and corruption (money laundering, financial crimes, drug trafficking).

The police in Austria place greater emphasis on strategic analysis of crime than in Serbia. Several reasons for this: the longer tradition in the application of the analytical methods, better training, less influence of political factors on police work, etc.

One of the results of the paper indicates the need of a Europe-wide stan-dardization of the methods required in the field of operational and strategic analysis of crime.

Without strategic analysis of crime is not possible to make general plan and action to combat organized and financial crime.


Limitations and difficulties in the study are related to data collection. Organi-zation of the police in those two counties and framework in which they work are different and affect the accuracy of the results and conclusions.


The paper points out the importance of strategic and operative analysis in the work of criminal investigation services. The paper points out the need to establish unified European standards and methodologies in the conduct of operational and strategic analysis of crime. Standards and similar methodolo-gies in conducting the analysis of crime is important regardless of whether the state an EU member or not.

ORIGINALITY/VALUE:

The work compares the importance how much police in Austria and Ser-bia take care about operational and strategic analysis of crime. Regardless of differences this state connects geographical proximity and the transfer of crime.

KEYWORDS:

criminal investigation police, operational and strategic crime analysis


STRATEGIC APPROACH OF CRIMINAL INVESTIGATION POLICE IN CRIME COMBATING ...


Branislav Simonović ...

ABOUT THE AUTHORS:

Branislav Simonović, LLD. He is a professor of criminalistics of the Faculty of Law at the University of Kragujevac, Serbia. He has written several books on Criminalistics and many papers. Contact: [email protected].

Maximilian Edelbacher, Mag. Iur. at the Vienna University and Hofrat of the Federal Police of Austria, former chief of the Major Crime Bureau, former international expert of the Council of Europe, OSCE and UNO, lecturer at sev-eral universities, board member of the Organization of the Austrian criminal Investigator`s Association, member of ACUNS (Academic Senior Advisory Council to the United Nations), author of several books and articles.


PANEL 1:CRIMINAL INVESTIGATION

1 - Mile Šikman.indd 47 8.9.2011 13:27:37

1 - Mile Šikman.indd 48 8.9.2011 13:27:37



CRIMINALISTICS/CRIMINAL INVESTIGATION IN THEORY AND PRACTICE � THEORETICAL CONCEPT AND PRACTICAL APPLICATIBILITY

AUTHORS:

Mile Šikman and Velibor Lalić

ABSTRACT

PURPOSE:

Criminalistics as a science studies and improves methods and techniques of investigation of the crime. Theoretical understanding is that it should be a very important role in criminalistics practice. There is no dilemma. The ques-tion that arises is how theoretical knowledge complies with criminal inves-tigation practice. Purpose of this paper is to explore compatibility and diver-gences between theory and practice of criminalistics and its disciplines.


Literature review has been carried out in order to determine the structure and content of criminalistics as a scientific discipline. Qualitative methodology i.e. focus group interviews have been applied for the purpose of data collection on practical applicability of theoretical knowledge of criminalistics. There were two focus groups, each of them consisting of six participants, grouped according to the following criteria: academic level of education, professional training and professional experience. All participants currently work as crim-inal investigators with the Ministry of Internal Affairs of Republic of Srpska, B&H. The first group consists of graduated students from the College of In-ternal Affairs in Banja Luka where they systematically studied criminalistics during their higher education. The second group includes graduated students from other higher educational institution, which curriculum does not include studies of criminalistics.

1 - Mile Šikman.indd 49 8.9.2011 13:27:37


CRIMINALISTICS/CRIMINAL INVESTIGATION IN THEORY AND PRACTICE – THEORETICAL ... Mile Šikman, Velibor Lalić

FINDINGS:

Criminalistics and its disciplines (tactics, techniques, methods and opera-tions) is a science which uses scientific and practical methods in order to ex-amine, adjust and develop the most appropriate ways, procedures and meth-ods to discover criminal act and perpetrators, collect and provide material and personal evidence for the successful launch and conclusion of criminal proceedings. Criminalistics in its practical application uses empirical meth-ods, but also methods of other sciences which adapts to their needs. Adapted and improved those methods necessarily get the criminalistics` character. New tendencies in the sphere of crime, particularly the expansion of orga-nized crime, but also the development of science and technology (especially computer science) affected the concept of criminalistics to include its fourth part, which is Crime Strategy. Also, it is important to note that the term criminal investigation has been recently increasingly in use by B&H scholars and practitioners. We believe that the criminalistics and criminal investiga-tion are the same discipline, but there are differences in terminology. The term criminalistics has been generally accepted in the science and practice of counties with the Continental European legal system, while the criminal investigation is a common term in the Anglo-Saxon legal system. So, it is about disciplines that are substantially compatible. Hence, the importance of criminalistics in discovering and proving (investigation) the crime is high and the need of using criminalistics` knowledge and skills is an absolute. However, in the current criminalistics` practice (especially in the Republic of Srpska and B&H in general) some divergences are observed from these re-quirements. Primarily the problem is that theoretical knowledge published in scholarly papers, monographs and text books goes much behind the need of practice. There is also the issue of the quality of those works due to the lim-ited number of original researches. Majority or published works refer to ‘’big’’ themes, often published many times before, lacking focus on actual problems which imply its limited scientific value. Particular problem is neglecting tech-nological aspects of criminal investigations, or failure to use modern technol-ogy and software for detection and investigation of crimes.


Research limitations are related to data collection, primarily to the limited scope of the sample (12 respondents), so results display only tendencies which should be examined by further researches. Additionally, limitation is that criminalistics as a scientific discipline is very complex; in this case it is not possible to see the applicability of all its aspects in practice. In this sense, the focus will be on the analysis of one segment of criminalistics, specifically criminalistics methods of investigation property crimes, which are the most

1 - Mile Šikman.indd 50 8.9.2011 13:27:37

CRIMINALISTICS/CRIMINAL INVESTIGATION IN THEORY AND PRACTICE – THEORETICAL ...


Mile Šikman, Velibor Lalić

prevalent crimes of all committed crimes in Republic of Srpska and Bosnia and Herzegovina.


The results will contribute to perception of the content of criminalistics in terms of theory and its practical implications. Accordingly, this paper formu-lates the recommendations to improve content of criminalistics and to close existing gap between theory and practice in Republic of Srpska and Bosnia and Herzegovina.

ORIGINALITY/VALUE:

This paper is supposed to give some answers on compatibility of theory and practice of criminalistics. The aim is to integrate through the critical analysis of contemporary methods and techniques that can be practically applied in criminal investigation. In addition, the goal is to examine the current situa-tion of this field in Republic of Srpska and Bosnia and Herzegovina and iden-tify area for improvements in order to improve scientific knowledge which can enhance practical work on detection and investigation of crimes.

KEYWORDS:

criminalistics, criminalistic tactics, criminalistic methods, criminalistic op-erations

ABOUT THE AUTHORS:

Mile Šikman, LLD, Ministry of Internal Affairs of Republic of Srpska, Head of Police Education Department. Contact: [email protected].

Velibor Lalić, MA, European Defendology Center in Banja Luka, Researcher. Contact: [email protected].

1 - Mile Šikman.indd 51 8.9.2011 13:27:37



LEGAL AND FACTUAL SCOPES AND BOUNDARIES OF THE CRIME SCENE INVESTIGATION

AUTHORS:

Želimir Radmilović and Krešimir Kamber

ABSTRACT

PURPOSE:

As a matter of course, the goal of this article is a general theoretical introduc-tion into the evidentiary criminalistics action of crime scene investigation. The aim is to provide legal elaboration of the functionalistic normative pre-requisites for such action, presented through issues of judiciary supervision and evidentiary reliability requests, as well as to research the conflicts of ad-ministration of proceedings and the effective on-site criminal investigation.


Referenced model for the Article is new Croatian Criminal Procedure Code. Article is testing solutions of the new Criminal Procedure Code regarding the evidentiary action of crime scene investigation through the substantive principles of adversarial systems of investigation, operational and tactical learning of criminalistics and international principles of human and individu-als’ rights. Article is based on theoretical and professional literature on the subject as well as on the comparative analysis and analysis of discussions and professional papers following the new Criminal Procedure Code.

FINDINGS:

The criminal procedural law reform in the Republic of Croatia introduced a number of adversarial institutes and mechanisms with primer emphasis on the hearing as the central part of a criminal case. Having the unique in-vestigative opportunities during the criminal investigation makes the crime scene investigation an indispensable action in the process of fact finding in a criminal trial. That opens two major issues: (1) administration of findings and (2) supervision of the action. Administration of findings must be in com-pliance with the established methodological patterns. Comparative analysis

2 - Zelimir Radmilovic.indd 52 8.9.2011 13:27:49

LEGAL AND FACTUAL SCOPES AND BOUNDARIES OF THE CRIME SCENE INVESTIGATION


Želimir Radmilović, Krešimir Kamber

reveals two major forms of patterns to the administration of findings which are presented in the Article as: general administration requests and special provisions systems. Article defines judiciary supervision of the crime scene investigation and identifies its two purposes: control of legality and guaran-ties of evidentiary reliability.

RESEARCH IMPLICATIONS:

Based on the findings of the Article, two major issues still remain for the aca-demic discussion and research: (1) is judiciary supervision of the crime scene investigation necessary and, if it is, (2) how to make reconciliation between urgent operational and security actions and an effective judiciary control.


Having the points and principles to the administration of the proceedings identified, police and investigators, as operational bodies, are expected to conduct on-site investigations more precisely and with higher evidentiary ef-fect. Through the definition of scopes and boundaries of judiciary control, state attorneys and judges, will be able to understand and appreciate their procedural function during the crime scene investigation.

ORIGINALITY/VALUE:

Article is the first theoretical elaboration of provisions of the new Criminal Procedure Code of the Republic of Croatia on the subject of crime scene in-vestigation from the perspective of administration of proceedings and judi-ciary control. The Article will be of a great value for the further academic research and a useful comment of the relevant provisions of law for the final application by practitioners.

KEYWORDS:

crime scene investigation, administration of proceedings, judiciary control, evidentiary reliability, control of legality

ABOUT THE AUTHORS:

Želimir Radmilović, univ.spec.crim., senior lecturer at the Police Academy in Zagreb; teaches Crime investigation techniques and Introduction to crimi-nalistics; since 1980 works with the police on all levels, as a police officer and a crime investigator, specialised in crime scene investigations; obtained master specialist degree in criminalistics at the Faculty of Law University of Rijeka; court expert at the County Court in Zagreb in crime scene investi-gations, analysis of traces, identification; phone 0038598 404 904; e-mail: [email protected].



LEGAL AND FACTUAL SCOPES AND BOUNDARIES OF THE CRIME SCENE INVESTIGATION Želimir Radmilović, Krešimir Kamber

Krešimir Kamber, mag.iur., univ.spec.crim., works as a prosecutor in the Municipal State Attorney’s Office in Zagreb; worked as an individual legal as-sociate with the Office of the Prosecutor, International Criminal Tribunal for the former Yugoslavia; also worked in a private practice law office; obtained master degree in law and master specialist degree in criminalistics at the Fac-ulty of Law University of Rijeka; active in various projects of the criminal law reform; phone 0038598 19 15 139; e-mail: [email protected].




MOTOR VEHICLE CRIME IN SERBIA: CURRENT SITUATION AND TRENDS

AUTHORS:

Goran Bošković and Saša Mijalković

ABSTRACT

PURPOSE:

The purpose of the article is to present and analyse current situation and trends of motor vehicle crime in Serbia in period 2006−2010 but also to point to thinking about some of the methods and models of prevention and control this type of crime.


The article is based on a statistical analysis of current situation and trends of motor vehicle crime and a review of professional literature on criminal in-vestigation of motor vehicle crime. Statistical analysis is based on the data of the Ministry of Interior of the Republic of Serbia, Directorate for Analysis and the Police Department for combating of motor vehicles crime of the Belgrade Police Department.

FINDINGS:

Presented the current status and trends of motor vehicle crime in Serbia en-able the understanding of the basic phenomenological features of this type of crime. Analysis enabled identification of the characteristics of perpetrators, modus operandi and structure of organized criminal groups that committed these crimes. Shortcomings and possibilities for the improvement of the sys-tem of responding to this type of crimes are also reflected upon.

ORIGINALITY/VALUE:

This paper is the first systematic overview of the current situation and trends of motor vehicle crime in Serbia.

3 - Goran Boskovic.indd 55 8.9.2011 13:28:00


MOTOR VEHICLE CRIME IN SERBIA: CURRRENT SITUATION AND TRENDS Goran Bošković, Saša Mijalković

KEYWORDS:

motor vehicle crime, criminal investigation, organized crime, analysis, methods of suppression

ABOUT THE AUTHORS:

Goran Bošković, Ph.D., Assistant Professor of criminalistics and Vice Dean for Undergraduate Studies at the Academy of Criminalistic and Police Studies in Belgrade. Academy of Criminalistic and Police Studies in Belgrade, Cara Dušana 196, 11000 Belgrade. E-mail: [email protected].

Saša Mijalković, Ph.D., Associate Professor of security at the Academy of Criminalistic and Police Studies in Belgrade. Academy of Criminalistic and Police Studies in Belgrade, Cara Dušana 196, 11000 Belgrade. E-mail: [email protected].

3 - Goran Boskovic.indd 56 8.9.2011 13:28:00



CRIMINAL POST�MORTEM DIAGNOSTICS IN THE CONTEXT OF INVESTIGATION MISTAKES

AUTHOR:

Aleksander Jevšek

ABSTRACT

PURPOSE:

The purpose of this review paper is to introduce the concept and activity of the criminal post-mortem diagnostics and to point out its most important indicators, which, if not taken into account, could cause serious mistakes in the course of an investigation.


In formulating the definition of the criminal post-mortem diagnostics and describing the terminology, the author uses the method of analysing the con-tents of foreign and domestic theoretical sources. However, the author uses the method of case studying in order to present the mistakes in criminal in-vestigation abroad and in Slovenia.

FINDINGS:

Criminalistics represents one of those few concepts in science which are in theory and practice related to such vague, imprecise, intangible and diverse notions. Similar problems occur when we want to define »criminal post-mor-tem diagnostics«. Namely, this is a process where a criminal investigator dis-covers and reconstructs, on the basis of traces and objects found at the crime scene, and in this way explains an event from the past. The basic criminal mode within criminal differential diagnosis is the ability to make conclusions from the consequences of a criminal offence and to determine the reasons for a criminal offence with the use of original criminal methods. This is a retro-spective process sui generis, where the investigator identifies indicators that show whether death occurred due to an accident, suicide or it occurred as a consequence of murder.

4 - Aleksander Jevsek.indd 57 8.9.2011 13:33:27


CRIMINAL POST-MORTEM DIAGNOSTICS IN THE CONTEXT OF INVESTIGATION MISTAKES Aleksander Jevšek

If certain activities within the framework of criminal post-mortem diagnostics are not performed or if they are performed unprofessionally, this, as a rule, has grave consequences for judicial and other procedures which may be ir-reparable. Namely, most tasks are unique and unrepeatable activities which cannot be replaced after a time delay.


Limitations of hypotheses, which were made in this review paper, are related to the fact that most mistakes, connected with post-mortem diagnosis, are never detected. In the case of an incorrect post-mortem diagnosis, an autopsy is generally not requested which consequently means that mistakes could not have been discovered or proven. Exceptions occur when the autopsy is requested after the post-mortem examination or when a subsequent exhuma-tion is carried out due to autopsy.


Findings presented in this review paper can be applied in practice. Presented results and mistakes and also actions that need to be taken so that mistakes would not occur will help police officers, criminal investigators, general prac-titioners and doctors of forensic medicine, who carry out post-mortem exami-nations.

ORIGINALITY/VALUE:

This is the first presentation of criminal post-mortem diagnostics in the con-text of investigation mistakes.

KEYWORDS:

post-mortem examinations; criminal investigation mistakes; forensic medicine; autopsy; post-mortem diagnostics; criminal diagnostics

ABOUT THE AUTHOR:

Aleksander Jevšek, MA/LLM, Senior Lecturer of Criminalistics on Faculty of Criminal Justice and Security , defended, on November 2007, his MA/LLM thesis on »Fear of Crime and Attitudes towards Punishment in the Context of Contemporary Dangers, Risks and Uncertainties, former Director of Crimi-nal Police Directorate of the Republic of Slovenija. Contact information: [email protected], phone: +386 41 609 690.

4 - Aleksander Jevsek.indd 58 8.9.2011 13:33:27



CRIMINAL INVESTIGATION ASPECTS OF CHILD SEXUAL ABUSE DETECTION IN SLOVENIA

AUTHORS:

Danijela Frangež and Anton Dvoršek

ABSTRACT

PURPOSE:

The main goal of this paper is to deliver some information on criminal inves-tigation aspects of child sexual abuse detection in Slovenia.


The paper is based on a survey on child sexual abuse which was conducted in Slovenia in 2010 and 2011. The study included a review of randomly selected police records of the year 2003.

FINDINGS:

Child sexual abuse detection is difficult. Due to characteristics of such cases the dark figure of child sexual abuse is therefore probably very high as different stereotypes and myths are still present in today’s society. The most important factor in detecting child sexual abuse is recognition of signs that could lead to revealing of such abuse. However, sings that clearly indicate the abuse are very rare as child sexual abuse is often hidden and it is happening inside a family.

The study pointed out that more than 44 % of reviewed cases were revealed by victims themselves but in only two cases the information of the abuse was given to the police by a child victim. Most reports to the police were made by victims’ mothers and Centres for Social Work what can lead to the conclusion that adults in most cases upon child’s verbal and nonverbal communication decide if the committed act against a child was sexual abuse and if it was se-vere enough for reporting to the police.

The paper presents characteristics of child sexual abuse detection in Slove-nia and outlines some guidelines on how to identify child sexual abuse and how to increase child sexual abuse detection.

5 - Danijela Frangez.indd 59 8.9.2011 13:33:40


CRIMINAL INVESTIGATION ASPECTS OF CHILD SEXUAL ABUSE DETECTION IN SLOVENIA Danijela Frangež, Anton Dvoršek


The study included review of selected police records for the year 2003 there-fore the results should not be generalised and should be considered along with official police statistical data.


The research findings should be interesting for criminal investigators and others who are somehow involved in working with children.

ORIGINALITY/VALUE:

This is the first research on child sexual abuse detection in Slovenia.

KEYWORDS:

child sexual abuse, detecting, criminal investigation, child sexual abuse detecting

ABOUT THE AUTHORS:

Danijela Frangež, MA, Assistant Lecturer in Criminal Investigation at the Faculty of Criminal Justice and Security, University of Maribor, Slovenia. Her research is focused on criminal investigation and violence against children. Contact: [email protected].

Anton Dvoršek, Ph.D., Associate Professor at the Faculty of Criminal Justice and Security, University of Maribor, Slovenia, former director of the Criminal Police Directorate. His research and teaching subjects are criminal investi-gation and strategy of criminal investigation. Contact: [email protected].

5 - Danijela Frangez.indd 60 8.9.2011 13:33:40



REALITY VS. FICTION: HOW MEDIA CONTENT CAN AFFECT CRIMINAL INVESTIGATION � PRELIMINARY FINDINGS

AUTHOR:

Boštjan Slak

ABSTRACT

PURPOSE:

Aim of the article is to investigate if extreme number of criminal investigation relating TV shows has any influence on viewers. If those viewers become ei-ther a victim or witness to a crime, how will they react, what will they expect and how will their through television acquired knowledge about criminal in-vestigation, influence perception and behaviour in criminal investigation.


First extensive literature review was conducted. Gathered detailed insight, then enabled us that a pilot study - surveys of general public - could be con-ducted. Some insight was also available through personal correspondence with criminal investigators

FINDINGS:

Literature shows that influence can be separated in several categories. Empir-ical evidence is scarce, only supporting some categories. Our pilot study was designed to seek the extend of media shaped public perception of criminal investigative methods. Basically we compare their “knowledge of criminal-istics” with their media viewing habits and personal experience. Empirical evidence showed that, there is some basis to be worried about the media influence. Especially in the view of victims and witnesses expectations. Our pilot study also showed that in an attempt of acquiring empirical evidence, we come across some methodological difficulties, showing doubt that some categories will ever receive proper empirical evidence.

6 - Bostjan Slak.indd 61 8.9.2011 14:17:37


REALITY VS. FICTION: HOW MEDIA CONTENT CAN AFFECT CRIMINAL INVESTIGATION ... Boštjan Slak


The most problematic limitations are ones of the pilot study sample limi-tations (gaining low number of responses) – low number of responses is a consequence of the fact that gathering data on viewing habits, experiences with justice systems and knowledge about criminal investigation, demands comprehensive questionnaire. Majority of population is not prepared to de-vote so much time for answering such amount of questions.


Results showed that sometimes precious investigation time must be devoted to bring a person “to reality”. Investigators should be aware that they can come a cross a person, who has distorted perception of criminal investiga-tion because of media. High expectations can cause groundless bad public opinion.

ORIGINALITY/VALUE:

There wasn’t any similar study done in Slovenia, also we couldn’t find a for-eign study that would research general public perception in a way that ours did. However there were studies about people expectations for/from forensic evidence. Studies that include interviews with criminal justice personal have been done abroad. Part of the paper can be there for used for comparative data and some parts bring some original finding.

KEYWORDS:

media influence, criminal investigation, expectations, CSI effect, crime drama, cop shows

ABOUT THE AUTHOR:

Boštjan Slak, Faculty of Criminal Justice and Security, University of Maribor, Slovenia. E-mail: [email protected].


PANEL 2: FORENSICS

1 - Miroslav Busarevic.indd 63 8.9.2011 14:19:02


PANEL 2: FORENSICS

CRIMINALISTIC TRASOLOGY � SCIENCE ABOUT TRACES

AUTHORS:

Мiroslav Busarčević, Lazar Nešić, Aleksandar Radomirović and Dušan Keckarević

ABSTRACT

PURPOSE:

The purpose of this work is to present criminalistic trasology, which is, start-ing from last century seventies, in working practice on the territory of Serbia. Today`s trasology is built on the wings of many years of criminalistics tech-nique practice and it represents opened system that undergo evolution, based on well known principles and objective criteria of contemporary criminalis-tics, implementing knowledge of modern science and technique.

During the evolution of trasology, terms and a unique base, on which it stands, are precisely defined. This gave us a standard procedure to find, fix, investigate and understand traces, which is of the capital significance for cor-rect understanding of the real evidence worth.


The article is based on the authors’ proffessional expirience and several de-cades of research in the field of criminalistics investigation. During that peri-od, now widely accepted methods in police and criminal justice system were evolving throgh original definition of new precise terms, creation of standard procedures, and multiple checking in the field of practise.

FINDINGS:

This work presents basics of criminalistic trasology as a part of forensic sci-ences – separate criminalistic discipline which, on unique basis, explore all kinds of traces in the way that is implemented in Serbia. Shortly, it shows el-ementary terms and principles on which finding, fixation and researching of traces are based on, with purpose to uncover the crime and unmask indentity of persons, things and animals. The paper consists of seven parts, where in



CRIMINALISTICS TRASOLOGY – SCIENCE ABOUT TRACES Мiroslav Busarčević, Lazar Nešić, Aleksandar Radomirović ...

the first one it talks about term, significance and division of criminalistic tra-sology, in the second part – term and significance of traces and places where crime hapend and division of traces, in the third one – role and significance of trsological versions for finding and interperetation of traces, in forth – reala-tion between criminalistics and trasologic identification, in fifth - trasologic marks of objects identification and traces (general, individual and identinfi-cation caracteristics), in sixth – term and way of fixing traces and in seventh – metods of trasologic identification (mechanoscopic, physical-chemical and biological).

ORIGINALITY/VALUE:

The paper is a systematic overview of the present state in the serbian crimi-nalistic trasology.

KEYWORDS:

trasology, situational and identificational traces, versions of event, fixing traces, general, individual and identificational features, objects of identifica-tion, mechanoscopic, physical-chemical and biological way of traces investi-gation

ABOUT THE AUTHORS:

Мiroslav Busarčević, physico-chemist, MSc in criminalistics, former expert in Ministry of Internal Affairs forensic center, approuved court expert for fo-rensic expertise in general trasology, ballistics and chemistry.

Lazar Nešić, electrical engineer, chief of Ministry of Internal Affairs forensic centre.

Aleksandar Radomirović, mechanical engineer, chief of Department of ex-pertise in Ministry of Internal Affairs forensic centre.

Dušan Keckarević, molecular biologist and physiologist, MSc in biology, em-ploye on the Faculty of Biology, University of Belgrade, approved court expert for forensic genetics.



PANEL 2: FORENSICS

STORAGE, PROCESSING AND PRESERVATION OF DATA OBTAINED BY DNA ANALYSES IN CRIMINAL DATABASES

AUTHORS:

Berislav Pavišić, Petar Veić and Tadija Bubalović

ABSTRACT

PURPOSE:

To show the position of personal data obtained by DNA analysis in criminal investigation and its preservation in criminal databases.


Inductive and deductive; proving and disproving, comparative, historical, axiomatic and other.

FINDINGS:

The paper proves how the data obtained by DNA analysis represents sen-sitive personal data which is equally valuable as other sensitive data ob-tained in criminal investigation. This is particularly so since lot of data can be obtained which is not necessary for the criminal investigation. Second issue which arises is the duration of preserving such data. On one side this is related to the person convicted in the process, which the analysis was conducted for, and on the other side it is related to cases where the proce-dure was suspended or an acquittal has been reached. After reaching afore mentioned decisions the question of justification arises regarding the further preservation of data obtained by DNA analysis. While the interest of effec-tiveness of discovering and proving criminal acts lies in permanent or longer duration of preserving all gathered data regarding persons involved, the in-terest of the person for preserving such data as shortest time as possible lies on the other side. The same issue arises about obtaining and preserving of other data regarding persons during criminal investigation which are stored in criminal databases.

2 - Berislav Pavisic.indd 67 8.9.2011 13:35:16


STORAGE, PROCESSING AND PRESERVATION OF DATA OBTAINED BY DNA ANALYSES ... Berislav Pavišić, Petar Veić ...


Normative regulations regarding obtaining and preserving the DNA analysis data as well as other personal data are not clear and consistent and thus do not offer satisfactory level of protection for a person. DNA analysis result represents sensitive data which has to undergo same mechanisms of gather-ing and preserving as other similar data do, and according to this criterion it should not be specially accented.


paper could serve as an expert analysis for drafting normative acts regarding gathering, preserving and erasing of personal data in criminal databases.

KEYWORDS:

personal data protection, DNA analysis, criminal investigation, duration of preserving personal data, European Court of Human Rights

ABOUT THE AUTHORS:

Berislav Pavišić, full professor at Faculty of Law University of Rijeka. He began his teaching activities in 1974 at Faculty of Law in Rijeka. He is a full professor teaching Criminal Procedure Law, Comparative Criminal Law and Procedure, International Criminal Law and Criminalistics. He teaches at sev-eral European law faculties as a visiting professor. He has published several university textbooks, commentaries of Criminal Act and Criminal Procedure Act in several editions, numerous scientific papers in national and interna-tional journals. He is Head of Faculty of Law University of Rijeka Institute for Criminal Sciences Mošćenice.

Petar Veić, associate professor at Faculty of Law University of Rijeka, Depart-ment of Criminal Procedure Law and Criminalistics. From 1977 to 2005 he worked at various jobs for Republic of Croatia’s Ministry of Interior Affairs. In past five years he was coauthor of textbook for Criminal Procedure Law and Criminalistics courses. He is head researcher for scientific project “Security of Citizens in Local Community”.

Tadija Bubalović, assistant professor at Law Faculty University of Rijeka, at the Department of Criminal Procedure Law and International Criminal Law. He is also a university associate professor at Law Faculty University of Tuzla. Before that he was appointed judge at Supreme Court of Federation of Bosnia and Herzegovina in Sarajevo (1996.-2009.). He is the author of one scientific book („Pravo na žalbu u kaznenom postupku“, Bemust, Sarajevo, 2006, 405 pp), numerous scientific and expert papers and several publications of legal texts with commentaries and annexes. E-mail: [email protected].

2 - Berislav Pavisic.indd 68 8.9.2011 13:35:16


PANEL 2: FORENSICS

MODERN METHODS IN FIRE INVESTIGATION: APPLICATION OF FIRE MODELS IN THE FIELD OF FIRE INVESTIGATION � USE, CHANCES AND PROBLEMS

AUTHOR:

Frank D. Stolt

ABSTRACT

PURPOSE:

This paper focuses on the use of computer simulation for fire investigation. The purpose of the paper is to present an overview of the essential criterion for the quality and relevance of the various simulation results in the field of fire investigation.


The paper is based on a review of hundreds of peers-reviewed technical pub-lication and articles have been written regardings the use, methodology, va-lidity, and reliability of computer fire models in the Fire Safety Management (FSE).

This paper presents the results of the investigation of a real room fire and the numerical simulation of this room fire on June 2010 in training centre of St. Pölten FD (A). Fire causes – TV set. The reconstruction of this room fire based on its traces by using the FDS (Fire Dynamics Simulator) / Smokeview and CFAST. The calculation were performed with the National Institute of Standards an Technology (NIST) Fire Simulator.

FINDINGS:

Computer fire modelling is the heart of the scientific method in fire safety management. Today it is more and more very important that fire models should be also used as a tool to supplement an investigator´s on-scene inves-tigation and analysis. Computer fire modelling can assist a fire investigator in understanding how a fire may have evolved. It allows a fire investigator to test their hypothesis or other´s hypothesis for validation or refutation. The

3 - Frank Dieter Stolt.indd 69 8.9.2011 13:35:34


MODERN METHODS IN FIRE INVESTIGATION: APPLICATION OF FIRE MODELS IN THE ... Frank D. Stolt

models can provide a range of timing issues that may assist in understanding eyewitness account. The computer simulation can assist in understanding the progression of the fire in relationship to other variables. Investigator can utilize computer fire simulation to compare the post-fire damage or physical evidence to the results of the various models. Computer animation can uti-lized to visualize fire phenomena in the court room.

ORIGINALITY/VALUE:

Computer fire models are basically applicable for the reconstruction of events of fire by following their evident traces. The models can provide a range of timing issues that may assist in understanding eyewitness account. The com-puter simulation can assist in understanding the progression of the fire in relationship to other variables. Investigator can utilize computer fire simula-tion to compare the post-fire damage or physical evidence to the results of the various models. Computer animation can utilized to visualize fire phenom-ena in the court room

KEYWORDS:

fire investigation, fire simulation, FDS/Smokeview, fire scene reconstruction, ventilation, HHR, SHAF, evidence, flash over, testimony in the court room

ABOUT THE AUTHOR:

Frank D. Stolt, Sicherheitsfachwirt (FH), M.Sc., M.Sc, M.A., Expert witness of Fire and Explosion Investigation (Germany), Certified Fire and Explosion Investigation (USA), Canadian Certified Fire Investigator (Canada), Certified Fire Investigation Instructor (USA), Member of the Institution of Fire Engi-neers (UK), lecturer by the college of Police Rheinland-Pfalz and the college of Police Baden-Württemberg and the Tederal Police academy and the École de Police Grand Ducale Luxembourg, Technical Senior Supervisor of Fire Depart-ment Mannheim. Bureau of Fire and Explosion Investigation, Enzianstraße 43a, 68309 Mannheim, Germany, E-mail: [email protected].

3 - Frank Dieter Stolt.indd 70 8.9.2011 13:35:34


PANEL 2: FORENSICS

APPLICATION OF THEORETICAL METHOD IN FORENSICS FOR MORE PROBABLE DETERMINATION OF AN ESCAPED VEHICLE AFTER TRAFFIC ACCIDENT

AUTHORS:

Vojkan Zorić, Nataša Radosavljević-Stevanović, Jovan Šetrajčić, Igor Šetrajčić, Stevan Armaković and Slobodan Gadžurić

ABSTRACT

PURPOSE:

As the standard forensic methods in practical applications proved insufficient in the current methods of laboratory testing, this paper presents a new ap-proach to the analysis of laboratory results obtained by applying the method of convolution and composition in the theory of reversible and irreversible absorption.


In the real traffic accident the bicyclist was killed by a dark red car. The driver of the car escaped from the accident place. The traces of paint found on ac-cident place, together with samples of paint taken from eight suspicious cars were investigated experimentally at low energies (FT-IR - method Infrared of Spectrophotometer with Fourier-Transformation), as well as at high energies (SEM/EDS - Scanning Electron Microscopy with Electro Dispersive Spectrom-eter of x-ray).

FINDINGS:

The experimental investigations excluded six suspected vehicles-cars. The experimental diagrams for samples from accident place and from two cars were visibly very similar so that no conclusion was deduced. It was the rea-son for theoretical analysis of experimental results. Applying methods of the theory of reversible and irreversible absorption it was determined which of the two cars more probably collided with the bicycle. The results substan-tially increase the probability of identifying a runaway vehicle after a traffic accident in which, very often, suspected of two or more vehicles of the same paint, brand and type, and it happens to be the same year of production.

4 - Vojkan Zoric.indd 71 8.9.2011 13:35:49


APPLICATION OF THEORETICAL METHOD IN FORENSICS FOR MORE PROBABLE ... Vojkan Zorić ...

ORIGINALITY/VALUE:

The work represents a genuine scientific contribution. Part of this study was initiated in a doctoral work of Dr. Sc. Vojkan Zoric. So far, it has been applied in actual court cases, which gave good results.

KEYWORDS:

traffic accident, experimental investigation of paint samples, theory of revers-ible and irreversible absorption, method convolution and composition

ABOUT THE AUTHORS:

Vojkan Zorić, Teacher of Physics, MSc, PhD, a longtime leading expert of National Criminal Technical Center of the Ministry of Internal Affairs R. Ser-bia in the field of inorganic analysis, and analysis of paint’s and Micro traces, an Forensics Scientist and expert of the Ministry of Justice R. Serbia in the field: micro traces, Crime Physics and Crime Chemistry, Research Associate Laboratory for Condensed Matter Physics, Faculty of Sciences, University of Novi Sad, head of the first research project in Forensic investigations in Serbia under the auspices of the Ministry of Education and Science R. Serbia, Min-istry of Internal Affairs, CPD-National Criminalistic-Technical Center, Kneza Milosa str. 103, Belgrade, Serbia, +381/11/3615-125, [email protected], [email protected].

Nataša Radosavljević-Stevanović, Teacher of Chemistry, M.Sc., expert of National Criminal Technical Center of the Ministry of Internal Affairs R. Ser-bia in the field of narcotics analysis and patterns of inorganic origin, head of the laboratory for analysis of narcotics and substance psihotropih in Center, Research Assistant Laboratory of Inorganic Chemistry, Faculty of Sciences, University of Nis, Ministry of Internal Affairs, CPD-National Criminalistic-Technical Center, Kneza Milosa str. 103, Belgrade, Serbia, +381/11/3615-125, [email protected].

Jovan Šetrajčić, B.Sc. in Physics, M.Sc., Ph.D., Academician (Associate Mem-ber of the Academy of Sciences and Arts Republic of Srpska), Full professor Faculty of Sciences, University of Novi Sad, the author of numerous scientific papers, textbooks and manuals, a longtime researcher in scientific projects under the auspices of the Ministry of Education and Science R. Serbia and the current project leader in the field of basic research, Trg Dositeja Obradovića 4, Novi Sad, Vojvodina-Srbija, +381/21/485-2816, [email protected].

Igor Šetrajčić, B.Sc. in informatics, PhD student, research assistant Faculty of Sciences, University of Novi Sad, the research team first research project in


APPLICATION OF THEORETICAL METHOD IN FORENSICS FOR MORE PROBABLE ...


Vojkan Zorić ...

Forensic investigations in Serbia under the auspices of the Ministry of Educa-tion and Science R. Serbia, Trg Dositeja Obradovića 4, Novi Sad, Vojvodina-Srbija, +381/21/485-2816, [email protected]..

Stevan Armaković, B.Sc in Physics, PhD student, research assistant Faculty of Sciences, University of Novi Sad, the research team first research project in Forensic investigations in Serbia under the auspices of the Ministry of Educa-tion and Science R. Serbia, Trg Dositeja Obradovića 4, Novi Sad, Vojvodina-Srbija, +381/21/485-2816, [email protected].

Slobodan Gadžurić, B.Sc. in Chemistry, M.Sc., PhD, Assistant Professor Fac-ulty of Sciences, University of Novi Sad, the prominent author of scientific papers, won awards for best young researchers at the University of Novi Sad, a researcher in scientific projects sponsored by the Ministry of Education and Science R. Serbia and the current project leader in the field of basic research, Trg Dositeja Obradovića 3, Novi Sad, Vojvodina-Srbija, +381/21/485-2744, [email protected].



PANEL 2: FORENSICS

FORENSIC ARCHAEOLOGY IN PRACTICE

AUTHOR:

Maciej Trzciński

ABSTRACT

PURPOSE:

The goal of the this paper is to present practical aspects of use of forensic archaeology.


It is focused on selected examples of capabilities of applying the methodology commonly used by archaeologists in forensic investigations. One of the pri-mary purposes of this article is to highlight the complex nature of the crime scene examination. It seems that the archeologists’ knowledge and experi-ence in this matter can be very useful for law forces (police, prosecutors).

FINDINGS:

Both forensic science and archaeology aim is to reconstruct past events on the basis of preserved material traces. Interchangeable use of both disci-plines’ methodologies has already its tradition and proves to be highly use-ful. Forensic expertise (fingerprint examination, forensic mechanoscopy or anthropology) are often successfully used in research such as archaeological and historical study of mummy of Ramesses II, Tutankhamun or the Iceman (Ötzi) discovered in 1991 in the Alps.

On the other hand a number of archaeological methods ranging from geo-physical research to archaeological excavations is applied during forensic investigations.

The term Forensic Archaeology, in common use for years in the English-speaking countries, begins to be used also in Central Europe (including Po-land). Interdisciplinary archaeological and forensic investigations are run

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FORENSIC ARCHAEOLOGY IN PRACTICE


Maciej Trzciński

during research of mass graves in cases of crimes of genocide or war crimes (Katyn), on old battlefields and aircraft crash sites (Smolensk).

ORIGINALITY/VALUE:

Forensic archaeology may be also used in cases of recently committed crimes as a meticulously conducted investigation of a crime scene.

KEYWORDS:

forensic science, archaeology, crime scene investigation

ABOUT THE AUTHOR:

Maciej Trzciński, dr. hab., the employee of the Chair of Forensic Science at the Faculty of Law, Administration and Economics of the University of Wro-claw, Poland. Research interests: the legal protection of cultural heritage, the crime against historical monuments, the forensic archaeology.


ROUND TABLE

6 - Financial crime.indd 77 8.9.2011 13:34:45


ROUND TABLE

FINANCIAL CRIME: A GLOBAL THREAT

DISCUSSANTS:

Maximilian Edelbacher, Bojan Dobovšek, Peter C. Kratcoski, Arije Antinori and Matija Mastnak

ABSTRACT

PURPOSE:

The Financial Crisis of 2007-2009 hit the world like the “Fall of the Iron Cur-tain”, or the Terrorist Attacks on the United States of America, 9/11/2001. Changes in the field of Security: From Safety/Security to Comprehensive Se-curity and Human Security, analyzing what can be learned by investigating white collar crime and how to prevent another financial crisis by using an-other risk model was the purpose to write this book. In the roundtable the outcomes shall be discussed.


The book is a reader. Eighteen authors, confronted with the phenomenon of the Financial Crisis, bring in their ideas. All authors are researchers or experts in the field of security, economy and prevention. The approach in the book is: Discussion what are the developments in the field of Security-research stud-ies, do we learn something fighting white collar crime and can the financial sector be qualified as an critical infrastructure which should be protected.

FINDINGS:

The financial crisis was not an outcome of a financial Zunami. The crisis was the product of many human failures. Greed and uncontrolled gambling atti-tudes of financial institutions were the fundament of this world crisis, which still has not ended.


The financial crisis is an unfinished experience. The researchers and experts discuss this phenomenon just from a point of view of penal law, liability,



FINANCIAL CRIME: A GLOBAL THREAT Maximilian Edelbacher, Bojan Dobovšek, Peter C. Kratcoski ...

economic understanding and the platform of security philosophy. There is no line of arguments seen from a perspective of politics or good governance.


If new security issues, practical experience of Investigation and knowledge of risk management of reinsures would be used an other Financial Crisis can be avoided.

ORIGINALITY/VALUE:

The originality and special value of the approach in this book and the round table is that a combination of risk management theories with human factor analysis are used to find new solution possibilities. This was never done be-fore.

KEYWORDS:

financial crises, security development, white collar crime, prevention meth-ods by risk management methods of re-insurers and human factor analyzis

ABOUT THE AUTHORS:

Maximilian Edelbacher, Mag. Iur. at the Vienna University and Hofrat of the Federal Police of Austria, former chief of the Major Crime Bureau, former in-ternational expert of the Council of Europe, OSCE and UNO, lecturer at sev-eral universities, board member of the Organization of the Austrian criminal Investigator`s Association, member of ACUNS (Academic Senior Advisory Council to the United Nations), author of several books and articles.

Bojan Dobovšek, Doctor of Science (Ph.D. from the Faculty of Social Science, University of Ljubljana, Slovenia), Associate Professor in Criminal Investiga-tion, is a Vice Dean at the Faculty of Criminal Justice and Security, University of Maribor, Slovenia. He is the author of a book on organized crime and edi-tor of several publications on corruption and organized crime. He is author of draft recommendations for project OECD: Anti-Corruption Networks for Transition Economies, Istanbul Anti-Corruption Action Plan for Armenia, Azerbaijan, Georgia, Kazakhstan, the Kyrgyz Republic, the Russian federa-tion, Tajikistan and Ukraine; and crime against the environment.

Peter C. Kratcoski, he received his Ph.D. from the Pennsylvania State Uni-versity in Sociology, M.A. in Sociology from the University of Notre Dame, B.A. in Sociology from Kings College. He retired as a professor of Sociology and Criminal Justice Studies in 1998. During his career, he served as Chair-person of the Department of Criminal Justice and Professor of Sociology and Criminal Justice Studies at the Kent State University and Chairperson of the


FINANCIAL CRIME: A GLOBAL THREAT


Maximilian Edelbacher, Bojan Dobovšek, Peter C. Kratcoski ...

Department of Justice Studies, the position he held at retirement. Currently he is, Official Recorder of the International Police Executive Symposium, a member of IPES, Society for Police and Criminal Psychology, Academy of Criminal Justice Sciences. Out of his numerous publications his book “Ju-venile Delinquency”, 5th edition with Lucille D. Kratcoski was published in Chinese by Peoples Republic of China: Pearson Education Asia Limited and China Light Industry press in 2009.

Arije Antinori, Ph.D in Criminology applied to Investigations and Security at “Alma Mater Studiorum” University of Bologna in consortium with “Sapien-za” University of Rome. Sociologist, Criminologist and geopolitics Analyst, 2nd Level Italian Master in Theories & Methods for Criminal Investigations. Ph.D student in Communication Studies. Italian State Police officer. He currently is Socio-Criminology Research Area Coordinator of “CRI.ME” lab (Criminol-ogy, Crisis Communication & Media laboratory) at “Sapienza” University of Rome –Department of Communication & Social Research. He is member of: Italian Society of Criminology (SIC), Italian Society of Victimology (SIV), The Academic Council on the United Nations System (ACUNS), Italian National Security Watch at Center High Studies for Defense (CASD), and International Police Executive Symposium (IPES). He is qualified researcher at Centre for Military and Strategic Studies (CEMISS). He is a European Union`s Election Obersver. As Researcher and Tutor he collaborates at “Sapienza” University of Rome – Faculty of Communication Sciences – Chair of Criminology and So-ciology of Deviance, Faculty of Law - Chair of Law Institutions, Security and Social-Change. Teacher of “Terrorism & Media”, “Crisis Management & Com-munication”, Counter-Terrorism”, “Communication & Crime” and “Islamism & Terrorism” in several Master courses.

Matija Mastnak, Bachelor of Arts in Criminal Justice and Security Science, Junior Editor of the Daily Information Program on Television Slovenia (Pub-lic Television). He is conducting a Ph. D. research on investigative reporting at the Faculty of Criminal Justice and Security, University of Maribor, Slov-enia.



1 - Igor Bernik.indd 83 8.9.2011 13:36:44

1 - Igor Bernik.indd 84 8.9.2011 13:36:44



CYBERCRIME: WHAT ARE WE AFRAID OF?

AUTHORS:

Igor Bernik and Gorazd Meško

ABSTRACT

PURPOSE:

The purpose of the article is to present perception of cybercrime in terms of understanding, perception and fear of cybercrime.


The article is based on a review and analysis of professional literature on cy-bercrime and research of the awareness, knowledge and fear of cybercrime in Slovenia, which was carried out with the help of an online questionnaire. The two-part questionnaire also covered general data pertaining to the statistical population.

FINDINGS:

Cybercrime lack clarification what is particularly ‘cyber’ in regard to crime. Criminal acts are punishable by law but a great number of offences are pros-ecuted accordingly to criminal legislation. The majority of cyber deviance is still not controlled by the police and other social control agencies. A huge contrast exists between hundreds of thousands of incidents that are reported by the cyber-security industry each year and the relatively small number of known prosecutions. Dark numbers of cybercrime are huge due to many fac-tors. We assume that cybercrime and fear of it are related to the user’s knowl-edge about contemporary threats in cyberspace.

ORIGINALITY/VALUE:

The paper is the systematic overview of the fear of cybercrime in Slovenia and a call for further research on the presented topic.

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CYBERCRIME: WHAT ARE WE AFRAID OF? Igor Bernik, Gorazd Meško

KEYWORDS:

cybercrime, fear, Slovenia

ABOUT THE AUTHOR:

Igor Bernik, PhD, Assistant Professor of Information Sciences and the head of Information Security department at the Faculty of Criminal Justice and Secu-rity, University of Maribor, Slovenia. His research fields are information sys-tem, information security and growing requirement for information security awareness. He has recently been involved in the international project: eSEC – Competency Based e-portal of Security and Safety Engineering. e-mail: [email protected], tel: +386 1 300 83 40, fax: +386 1 230 26 87

Gorazd Meško, PhD, is Professor of Criminology and Dean of the Faculty of Criminal Justice and Security, University of Maribor, Slovenia. His main research interests are related to crime prevention, crime control policy, polic-ing, and provision of safety/security. E-mail: [email protected]

1 - Igor Bernik.indd 86 8.9.2011 13:36:44



SEARCH AND SEIZURE DATA IN CYBER SPACE � MECHANISM TO PRESERVE AND REPRODUCE DATA IN NON�VOLATILE FORMAT

AUTHORS:

Dražen Škrtić, Damir Kralj and Mirna Švegar

ABSTRACT

PURPOSE:

The purpose of the article is to present the origins, developments and trends in criminal investigation science /criminalistics in order to preserve digital evidence obtained by search and seizure data in cases of the remote com-puter, cyberspace and cloud search.


The article is based on a review and analysis of professional literature on criminal investigation, published in books and periodicals.

FINDINGS:

Electronic data held on computer hard disks and other rewritable physical digital media can be considered as very volatile form of evidence. This evi-dence can be easily altered or destroyed if left unprotected or without proper handling. As in the case of traditional evidence, the proponent of evidence normally carries the burden of offering sufficient support to authenticate electronic evidence. Therefore, a mechanism to preserve or reproduce the data in a non-volatile format is required. Physical acquisition (disk imaging) allows an entire hard disk drive to be reproduced or analyzed without the need to access the original hard disk. This process provides safe mechanism to analyze, test and interact with data, while still providing the most accurate reproduction of the original. In this case the data copied can be said to be an exact duplication of the original, a more exact duplication than, for example, a photocopy of a page, as disk image allows you to recover deleted and ambi-ent data. In cases where data were obtained by searching in cyberspace, e.g. remote searching and browsing in the cloud, it is necessary to ensure the authenticity of the information searched and seized. Computer forensic ex-

2 - Drazen Skrtic.indd 87 8.9.2011 13:36:52


SEARCH AND SEIZURE DATA IN CYBER SPACE – MECHANISM TO ... Dražen Škrtić, Damir Kralj, Mirna Švegar

aminers frequently use a number of methods to ensure the validity of the data copied including creating a digital signature (called a mathematical hash) of the data as it is read from the hard disk drive or similar physical media, so that the signature can be compared to the copied data. The mathematical hashing algorithm allows the examiner to detect if data have been altered or an error has occurred during the copy process. A number of commercial fo-rensic acquisition products even embed the mathematical hash into the elec-tronic container that holds the forensic image. The authors give an overview of standard procedures of ensuring the authenticity of digital evidence by us-ing a specific write-protection devices, either hardware or software that will eliminate the inadvertent or deliberate alteration of data in the case where only file or files are copied (logical acquisition), and when there does not ex-ist a copy of the entire hard disk or similar physical media (physical acquisi-tion). This process is essential if the original evidence needs to be interacted in some way, such as producing a forensic copy or performing a preview of the data to determine reasonable grounds to believe a thing (computer) will afford evidence in investigation.

ORIGINALITY/VALUE:

The paper is the systematic overview of history and development of proce-dures ensuring the authenticity of digital evidence obtained by remote search-ing, searching in cyberspace and cloud.

KEYWORDS:

cyberspace, cloud, remote search, search and seizure data, criminal investi-gation, criminalistics, forensics, investigative

ABOUT THE AUTHOR:

Dražen Škrtić, PhD candidate at the Faculty of Law, University of Zagreb, MSc in Criminal Sciences at the Faculty of Law, University of Zagreb, gradu-ate criminalist at the High Police School of the Ministry of Interior, Croatia, Criminal Investigation Division, Karlovac Police administration, Republic of Croatia Ministry of Interior, author of the original scientific paper, prelimi-nary communications, author reviews, conference papers and professional papers in the field of criminal law. E-mail: [email protected].

Damir Kralj, Mr.Sc., Information system designer at the Ministry of the Inte-rior, PD Karlovac, where he often faces issues of computer forensics, lecturer of computer science at the Karlovac University of Applied Sciences, attendee of Postgraduate doctoral study at the Faculty of Electrical Engineering and


SEARCH AND SEIZURE DATA IN CYBER SPACE – MECHANISM TO ...


Dražen Škrtić, Damir Kralj, Mirna Švegar

Computing, University of Zagreb. His scope of research covers design and definition of formal models of quality and safety assessment for information technologies and applicative solutions in primary health care. E-mail: [email protected].

Mirna Švegar, graduated Criminalistics at the High Police School of the Min-istry of Interior, Republic of Croatia, crime analyst at Ministry of Interior, Karlovac Police administration, Criminal Investigation Division, Republic of Croatia Ministry of Interior, postgraduate student at the Faculty of Law Uni-versity of Rijeka, interdisciplinary Postgraduate specialist study ‘Criminal In-vestigation’. E-mail: [email protected].




THE ROLE OF CRIMINAL INVESTIGATION IN A FIGHT AGAINST TAX FRAUDS

AUTHORS:

Darja Bernik and Bojan Tičar

ABSTRACT:

PURPOSE:

The purpose of this research is to identify and describe the role of criminal investigation in the fight against tax frauds in the European Union and Slo-venia.


The methodology used is a descriptive and comparative analysis with ap-plicative synthesis to Slovenian tax practice. With the support of causal con-secutive analysis, the authors identify the role of criminal investigation in the fight against tax frauds. On the basis of the review of European legislation on administrative cooperation within the European Union between differ-ent branches of government and international organizations the comparative analysis with the applicative synthesis to Slovene tax practice will be applied. Furthermore the authors examine the role of criminal investigation in the fight against tax frauds in Slovenia and search for the best solutions.

FINDINGS:

Administrative cooperation between different branches of government in specific Member States (Police, Ministries of Justice, Tax and Customs Au-thorities, financial institutions) and between different organizations and their investigators or analysts within the EU and in Slovenia should be increasingly extended. The most important role of criminal investigation is in detecting critical areas of investigation and analyzing gathered data, in strategic plan-ning, in implementing investigation methods and also in the tactical planning of daily actions and available resources.

3 - Darja Bernik.indd 90 8.9.2011 13:37:01

THE ROLE OF CRIMINAL INVESTIGATION IN A FIGHT AGAINST TAX FRAUDS


Darja Bernik, Bojan Tičar


A useful source of information for the investigators or employees of differ-ent branches of government to recognize which are the strengths of criminal investigation and in which direction administrative cooperation should be developed.

ORIGINALITY/VALUE:

Through comparative analysis of EU regulations and other legal acts regard-ing administrative cooperation within the EU the best solutions for the Slo-venian system are recognized. The paper also significantly contributes to the identification of the role of criminal investigation in the fight against tax frauds as a part of the broader fight of different branches of government and international organizations against this kind of crime.

KEYWORDS:

criminal investigation, tax fraud, European legislation, Slovene legislation, International organizations, administrative cooperation, police, jurisdiction, tax authorities

ABOUT THE AUTHORS:

Darja Bernik, M. Sc. Econ. (Foreign exchange department) of the Faculty of Economics, University of Ljubljana. She is a contractual Associate of the Faculty of Economics, a licensed tax adviser of the Slovenian Chamber of Tax Consultants (»ZDSS«), a member of CFE (»Confederation Fiscal Euro-pean«). She has many years of working experience as a Tax Manager in dif-ferent international tax consulting groups (i.e. IB Grant Thornton Consult-ing d.o.o., PricewaterhouseCoopers d.o.o., Ljubljana, Slovenia). At present she is employed as an Accounting and Tax Manager in Spar Slovenija d.o.o. Her research interests include economic science and tax law. E-mail address: [email protected] Bojan Tičar, PhD (financial and tax law), is an Associate Professor and Vice Dean of the Faculty of Criminal Justice and Security, University of Maribor. His research interests include administrative law and Public Sector law. E-mail address: [email protected]

3 - Darja Bernik.indd 91 8.9.2011 13:37:01



CRIMINAL INVESTIGATION OF CREDIT CARD RELATED CRIMES

AUTHORS:

Igor Lamberger, Bojan Dobovšek and Boštjan Slak

ABSTRACT

PURPOSE:

Crimes where credit cards are involved are increasing. There are numerous types of credit card misuse, abuse and frauds. However there is a sustain-able lack of literature about investigation and prevention of these types of crimes.


A review of literature and analysis of in depth interviews with high rank em-ployees in Slovenian banks. .

FINDINGS:

Literature dedicated to criminalistics about credit card related crimes is rare. There are, however numerous publications on technological perspectives of these crimes and their prevention (computer networks, mathematical protec-tion algorithms), yet it seems that perpetrators are a step ahead of those who are creating prevention measures on such crime, as number of credit card crimes is increasing. Since it is hard to investigate credit card related crime, prevention is still the best measure taken.


In depth case studies cannot be done because of classified information of suspected perpetrators and moreover, banks also do not share information on breaches of their security systems or ATMs with academic researchers.


Some characteristics of credit card fraud could be useful for criminal investi-gators. Emphasising the importance of cooperation of institutions could bring some progress in the development of such professional networks.

4 - Igor Lamberger.indd 92 8.9.2011 13:37:10

CRIMINAL INVESTIGATION OF CREDIT CARD RELATED CRIMES


Igor Lamberger, Bojan Dobovšek, Boštjan Slak

ORIGINALITY/VALUE:

Literature about credit crimes (investigation) is rare. Especially there is not many researches based on in depth interviews with bank employees, so the paper adds some practical insight in the problematic.

KEYWORDS:

credit card, fraud, counterfeit credit card, investigation, prevention

ABOUT THE AUTHORS:

Igor Lamberger, Master of Economic Sciences, employed at the General Po-lice Directorate, Lecturer at Slovenian Police academy and a Senior Lecturer at the Faculty of Criminal Justice and Security, University of Maribor.



4 - Igor Lamberger.indd 93 8.9.2011 13:37:10



NEW STRATEGIES IN SMUGGLING INVESTIGATION

AUTHOR:

Ioan Liviu Tăut

ABSTRACT

PURPOSE:

Romania is undergoing an economical - economic crisis. A key issue is the need to increase revenue to the state budget. Significant amounts are lost in pursuit of illegal activities that violate the customs regime – in a generic ex-pression - through smuggling. The author promotes personal considerations which will hopefully -hopes to contribute to adaptation of how carries out criminal investigation is carried out in this field, contribute to the develop-ments regarding to unlawful conduct in the field, contribute to the develop-ments in the preparation, conduct and recovery of the results obtained close to the results obtained through smuggling.


The article is based on a rigorous analysis of developments of legal practice in Romania and specialized study from Europe and North America.

FINDINGS:

Looking at how the practice of smugglers evolved, the author believes that change is needed. It is necessary to change the way in which customs and border police are working to identify cases of smuggling, it is necessary to change the way is understood the cooperation between bodies involved in combating the phenomenon is understood, it is also necessary to modify the methodology of investigating smuggling.

The author offers practical solutions to higher efficiency of professional ap-proach. He proposes, in fact, a different approach, a reverse development of a criminal investigation. Arguments supporting the findings provide a stable foundation for the entire scientific construction.

5 - Ioan Liviu.indd 94 8.9.2011 13:36:34

NEW STRATEGIES IN SMUGGLING INVESTIGATION


Ioan Liviu Tăut

ORIGINALITY/VALUE:

The article can be considered as an original contribution to the development of this field. In this study established concepts are taken and developed in order to sustain the accuracy of the new method promoted.

KEYWORDS:

smuggling, criminal investigation, investigators, custom, custom papers

ABOUT THE AUTHOR:

Ioan Liviu Tăut has a PhD in criminalistics from 2007, developed researches in criminalistic methodology area, in the present is Rector of Romanian Po-lice Academy from Bucharest.

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5 - Ioan Liviu.indd 96 8.9.2011 13:36:34

PANEL 4: FORENSICS

1 - Sanja Podunavac.indd 97 8.9.2011 13:37:52


PANEL 4: FORENSICS

FORENSIC PROFILING OF ILLICIT DRUG USING CHEMOMETRIC TECHNIQUES

AUTHORS:

Sanja Podunavac-Kuzmanović, Marija Petrin, Vojkan Zorić and Slobodan Gadžurić

ABSTRACT

PURPOSE:

The purpose of the article is to promote and facilitate forensic profiling and analysis of drug samples collected at several different locations in Ser-bia, in order to determine their origin, methods of production and transfer through the country. One of the most recent ways to use large amounts of data collected during different chemical analysis of illicit drugs is the applica-tion of the chemometric tools suitable for datamining and forensic profiling. In this way, investigators can get insight of the drug production, drug traffick-ing and even geographical origin of the sample.


The article is based on the gas chromatography (GC) analyses of thirty-eight different samples of heroin from two locations in Serbia (border crossing Ba-trovci and teritory of Novi Sad municipality). A quantitative structure prop-erty relationship (QSPR) study has been carried out for training set of heroin samples to correlate and predict geographic origin of seized heroin samples. Multiple linear regression was used to generate the best prediction models.

FINDINGS:

Collected data were modeled by QSPR method and mathematical dependence that can determine the geographical origin of heroin samples was obtained. High values of the correlation coefficients indicate a well-chosen descriptors and hence, the possibility of applying these model in practice. Predictive abil-ity of defined mathematical model was tested by comparing and correlating the experimetal and calculated values of acetyl thebaol and diacetyl mor-phine peak ratio (TEB/DAM). Since the correlation was extremely good, our



FORENSIC PROFILING OF ILLICIT DRUG USING CHEMOMETRIC TECHNIQUES Sanja Podunavac-Kuzmanović ...

mathematical model can be used to predict geographic origin of seized heroin samples using the GC results.

ORIGINALITY/VALUE:

The results of this work, for the first time in Serbia, indicate the possibility of applying the chemometric techniques for a successful chemical profiling of illicit drug.

KEYWORDS:

illicit drug, heroin, forensic profiling, QSPR technique

ABOUT THE AUTHORS:

Sanja Podunavac-Kuzmanović, PhD in Chemistry obtained 1999, Faculty of Science, University of Novi Sad, Serbia, Full professor at the Faculty of Technology, at the Department of Applied and Engineering Chemistry, Uni-versity of Novi Sad, Bulevar cara Lazara 1, 21000 Novi Sad, Serbia. E-mail: [email protected], phone:+381/21/485-3693.

Marija Petrin, M.Sci. in Chemistry obtained 2010, Faculty of Science, Univer-sity of Novi Sad, Serbia, Forensic Expert for Microtraces, National Criminalis-tic & Technical Center, 21000 Novi Sad, Serbia. E-mail: [email protected].

Vojkan Zorić, PhD in Physics obtained 2009, Technical Faculty “Mihajlo Pu-pin” Zrenjanin, University of Novi Sad, Serbia, Forensic Expert for Micro-traces, National Criminalistic & Technical Center, 21000 Novi Sad, Serbia. E-mail: [email protected].

Slobodan Gadžurić, PhD in Chemistry obtained 2006, Ecole Polytechnique, Universite Aix-Marseille, Marseille, France, Assistant Professor at Faculty of Sciences, University of Novi Sad, the author of more then 40 scientific pa-pers, first created student course of Forensic Chemistry at University of Novi Sad, awarded as the best young researcher at the University of Novi Sad, currently head of two projects financed by the Ministry of Education and Science of Serbia and Provincial Secretariat of Science of Vojvodina in the field of Chemistry. Faculty of Science, University of Novi Sad, Trg Dositeja Obradovića 3, 21000 Novi Sad, Serbia. E-mail: [email protected], phone:+381/21/485-2744.



PANEL 4: FORENSICS

UTILIZATION OF THE CHARACTERISTICS OF THE THIRD LEVEL IN THE PROCESS OF IDENTIFYING LATENT PRINTS WITH PARTICULAR REFERENCE TO THE PORES, EDGE FEATURES AND PALMAR FLEXION CREASES

AUTHOR:

Slobodan Oklevski

ABSTRACT

PURPOSE:

The purpose of this article is to supplement and explain the process of identi-fying latent prints by setting objective standards that will ensure implementa-tion of the of the third level detail. Another purpose is analysis of the spatial positioning of the pores in the frames of the papillary line in respect of the characteristics from the second level present around the pores, research of the permanence and susceptibility to deflection and damage which prevents their application in the process of identification.


This paper is based on empirical research on fingerprints whose time dis-tance of taking is between 5 and 48 years. We use the method of dactiloscopy analyses where the prints are analyzed and compared manually with applica-tion of stereo microscope and zooming in to 50 times, method of scanning with application of scanner HP Scan jet Photo Scanner 4370 with resolution of 3600 dpi and method of measuring the diameter of the pores with applica-tion of the program Corel DRAW in micrometers (µm).

FINDINGS:

The results of the survey are really encouraging, because we can implement a new standards in relation to utilization the characteristics of the third level in the process of identifying latent prints. Some of findings are present in continuous. The pores are constant during the life of the people which means that they do not change their position and do not migrate across length or

2 - Slobodan Oklevski.indd 101 8.9.2011 13:38:02


UTILIZATION OF THE CHARACTERISTICS OF THE THIRD LEVEL IN THE PROCESS OF ... Slobodan Oklevski

laterally on the ridge of the papillary lines; new pores are not appearing dur-ing the life of the people or once the pores are placed they keep their position and the edge characteristics are also constant during the life of the people but with less intensity because their three-dimensional microstructure is the most liable to deformations at pressure on the surface and most liable to mutilations where the process of revitalization of the epithel cells is approxi-mately 28 days.


The purpose of this research is to encourage the fingerprint examiners to begin with implementation of these features and to emphasize that a very important part is visualization of latent prints.


This paper has a practical importance because have a direct influence on the process of identification of latent prints.

In other words, every legal system with the proper training of its experts should implement, 3rd level detail which will ensure greater objectivity during the identification process.

ORIGINALITY/VALUE:

Although poroscopy and edgescopy are not a new science, In this paper for the first time we analyze the persistence of the 3rd level detail on fingerprints whose time distance of taking is between 5 and 48 years.

KEYWORDS:

fingerprints, latent prints, poroscopy, edgescopy, palmar flexion

ABOUT THE AUTHOR:

Slobodan Oklevski, Ph.D., assistant professor of criminalistics at the Fac-ulty of Security - Skopje, University St.Kliment Ohridski and in the same time fingerprint expert in Forensic laboratories in Ministry of Interior in Re-public of Macedonia . My subjects of interest are crime scene investigation, dactiloscopy, poroscopy, edgescopy, earsprints and cheiloscopy. Minstry of Interior, Republic of Macedona, Dimce Mircev bb 1000 Skopje. E-mail: [email protected]; Mob. +389 70 27 93 93.

2 - Slobodan Oklevski.indd 102 8.9.2011 13:38:02


PANEL 4: FORENSICS

THE POTENTIAL FOR THE USE OF ELECTROSTATIC DUST PRINT LIFTER FOR RECOVERY OF FOOTWEAR IMPRESSIONS AT CRIME SCENES

AUTHORS:

Želimir Radmilović, Mario Mikulić and Tatjana Kolar-Gregorić

ABSTRACT

PURPOSE:

Although footwear impression evidence is one of the most commonly found type of evidence and may be of great value in criminal investigation, it is rarely recovered from crime scenes in the Republic of Croatia. Footwear im-pression evidence is frequently the only evidence that can be found in some recent forms of committing crimes, for example robberies, because nowa-days perpetrators are mostly masked, wearing gloves, avoiding contact with objects, but they are rarely aware, or make little or no attempt to conceal the footwear. In the Republic of Croatia there is a large discrepancy between the number of committed robberies and collected footwear impression evidence from crime scenes.

The purpose of this study was to examine whether this was the result of the real impossibility of processing such latent evidence with available tools, or whether the reasons for not using available tools were subjective in nature.


With regard to the fact that dust impressions are the most expected evidence to be found in many robbery crime scenes, we have conducted a series of experiments of developing footwear impressions with Electrostatic Dust Print Lifter (EDPL) from various substrates – from hard nonporous to rough and porous surfaces.

FINDINGS:

It was found that footwear impressions are suitable for comparison and sub-sequent identification could be easily developed from most types of applied surfaces.



THE POTENTIAL FOR THE USE OF ELECTROSTATIC DUST PRINT LIFTER FOR ... Želimir Radmilović ...

By using EDPL, we recovered identifiable shoeprints left in the dust on vari-ous flooring materials, as well as those made in places such as dusty walls and doors, and on the furniture fabrics.

The study demonstrates that the possibility for footwear impression evidence collection exists. It only needs to be searched, recovered, collected and pre-served in a proper manner to be of value. The reason for neglecting this type of evidence is due to the lack of training and education of crime scene inves-tigators.

ORIGINALITY/VALUE:

The paper can at least improve the awareness of the value and the potential of footwear evidence in the crime investigation and is a call for more efficient use of available tools for processing evidence.

KEYWORDS:

footwear impression evidence, latent shoeprint evidence, Electrostatic Dust Print Lifter, collection of evidence, recovery of evidence, developing of latent prints, lifting prints

ABOUT THE AUTHORS:

Želimir Radmilović, univ. spec. crim., senior lecturer at the Police College, Zagreb. Has more than fifteen years of experience in crime scene investiga-tion. Has been teaching the techniques of crime scene investigation and is an expert witness in the field of crime scene investigation. Police College, Zagreb, Avenija Gojka Šuška 1, 10000 Zagreb, Croatia. Tel.: (+385 1) 2391 338, e-mail: [email protected].

Mario Mikulić, bacc. crim.. Has over ten years of experience in crime scene investigation. At presen works as an fingerprint expert at Forensic Science Centre “Ivan Vucetic” and is involved in the training of crime scene investiga-tors. Forensic Science Centre “Ivan Vucetic”, Ilica 335, 10000 Zagreb, Croatia. Tel.: (+385 1) 3787 014, e-mail: [email protected].

Tatjana Kolar-Gregorić, MSc in Chemistry, senior lecturer at the Police Col-lege, Zagreb. Has over nineteen years of experience in teaching and research in the fields of the techniques of crime scene investigation, forensic sciences and scientific examination of Questioned Documents and Handwriting. Police College, Zagreb, Avenija Gojka Šuška 1, 10000 Zagreb, Croatia. Tel.: (+385 1) 2391 337, e-mail: [email protected].



1 - Almuth Schutzel.indd 105 8.9.2011 13:38:48



ELDERLY CRIME � CRIMINAL INVESTIGATION PERSPECTIVES OF CRIMES OF THE ELDERLY � PATTERNS AND DEFENDING STRATEGIES

AUTHOR:

Almuth Schützel

ABSTRACT

PURPOSE:

The presentation represents an extract from a Master’s paper that the author held in the field of criminology and police science at the Faculty of Law at the Ruhr University in Bochum, Germany


During her studies, the author had ample opportunity to examine the causes of criminal behaviour, during which the focus was on the older generation, and this resulted in the choice of subject. In the process, it was recognised that there is a substantial increase in criminal acts committed by the over-60s (60+ group), which cannot be explained solely by the numerical increase in this sector of the population.

After an introduction to the research on elderly crime, the discussion of crime theories and their application to the phenomenon of elderly crime and the discussion on determining the age limit, which is not presented here, the paper examines a large number of statistical surveys on the development of elderly crime in Germany and particularly in two German federal states – Brandenburg and Schleswig-Holstein

FINDINGS:

The number of suspected criminals grew by a factor of 3.5 between 1973 and 2003 in the 60+ group of suspected criminals, and only by a factor of 2.2 among suspected criminals overall. An analysis of the figures for the charg-ing of suspects between 1973 and 2003 - the absolute size of the share of the population is taken out here - shows an increase of 100% for the 60+ section of this group and only an increase of 60% for the overall group, i.e. a dis-



ELDERLY CRIME – CRIMINAL INVESTIGATION PERSPECTIVES OF CRIMES OF THE ... Almuth Schützel

proportionate increase for the 60+ section. There have also been significant changes in the distribution within the crime areas over the last 30 years for the 60+ group. These are shown both in levelling and diversification tenden-cies. Between the genders, the differences in the crimes committed by the 60+ group continue to level out, whilst the 60+ group is constantly opening up new areas of criminal activity. Crimes relating to fraud, libel and bodily harm have thus clearly increased, whereas the crimes subsumed under sim-ple theft have declined substantially. An analysis of the differentiated devel-opment of crime in the federal states of Schleswig-Holstein and Brandenburg shows substantial differences in places. Some causes for these differences and changes are discussed in connection with social problems. The criminal approach on how to defend those crimes cannot only relate to police, it has to be a total societal approach.


A number of necessary and possible measures to combat criminal behaviour in later life (elderly crime) and/or reduce the number of individuals who be-come criminals in later life are proposed. For instance, the criminal statistics should be drawn up based on uniform criteria across the states. From the knowledge of the causes of elderly crime, proposed activities for the conduct and/or approach of police officers in investigating crimes by the 60+ group are derived. Police Investigators have to be trained how to deal and interact with older people, this way getting their trust and participation in the crimi-nal cases.

ORIGINALITY/VALUE:

The paper can document that around 80% of the increase in criminal behav-iour among the elderly results from an increase in criminal behaviour in later life. The increase in criminal behaviour in later life, in turn, is not only attrib-utable to the strong increase in the 60+ group but is caused predominantly by medical, psychological and social factors. Based on statistical data from the federal states of Brandenburg and Schleswig-Holstein, it can be documented that the differences in socialisation that have existed for more than 40 years (East-West problem) have also triggered significant differences with regard to the areas of crime.

KEYWORDS:

elderly crime, criminal behaviour in later life, criminal behaviour among the elderly, diversification, levelling in areas of crime; investigations against in-dividuals who become criminals in later life


ELDERLY CRIME – CRIMINAL INVESTIGATION PERSPECTIVES OF CRIMES OF THE ...


Almuth Schützel

ABOUT THE AUTHOR:

Almuth Schützel, Master of Criminology and Police Science, Detective su-perintendent Office of Criminal Investigation for the State of Brandenburg, Federal Republic of Germany, Head of the Working Group International Rela-tions of the German Association for Criminalistics. Contact details: email to: [email protected], [email protected], www.kriminalsitik.info.




INVESTIGATION OF CRIMINAL OFFENCES COMMITTED BY MEMBERS OF THE SLOVENIAN ARMED FORCES �SAF� IN MILITARY OPERATIONS ABROAD

AUTHORS:

Maj Fritz and Dragica Kotnik

ABSTRACT

PURPOSE:

The purpose of this article is to present dilemmas and potential difficulties in investigating criminal offences that may be committed by SAF members while performing duties in military operations abroad.


The article analyses the status of SAF members when performing duties abroad, their criminal responsibility and who is competent for investigating and prosecuting criminal offences committed by SAF members. The article further establishes what difficulties can be encountered when investigating criminal offences, and how to ensure a legal pre-trial criminal procedure in a far-away and usually also chaotic and dangerous area.

FINDINGS:

It can be concluded that the status and criminal responsibility of SAF mem-bers who perform duties abroad are appropriately defined and regulated. There is also no doubt that jurisdiction over SAF members abroad is exercised by the Republic of Slovenia, that is the domestic law enforcement authority. It can also be determined that, due to remoteness of the crime scene from our country, certain difficulties can be encountered during a pre-trial criminal procedure, especially the ones related to responsiveness, that is the time of arrival of investigators at the crime scene, which consequently negatively in-fluences the collection of material and other evidence. Certain difficulties can be experienced also when trying to ensure individual elements of a pre-trial criminal procedure (such as the right to a lawyer at the crime scene).

2 - Maj Fritz.indd 110 8.9.2011 13:39:02

INVESTIGATION OF CRIMINAL OFFENCES COMMITED BY MEMBERS OF THE ...


Maj Fritz, Dragica Kotnik

ORIGINALITY/VALUE:

This article is one of the first, if not even the very first article addressing this topic in Slovenia. The article thus have both, theoretical and practical value when trying to understand particularities of investigating criminal offences committed in remote environment and, actually, in an emergency situation.

KEYWORDS:

international military operations, status of members of armed forces, crimi-nal responsibility, jurisdiction, pre-trial criminal procedure

ABOUT THE AUTHORS:

Maj Fritz, M.A., doctoral student at Faculty of Criminal Justice and Secu-rity, University of Maribor. He has written several articles on intelligence, peace operations and private military companies. Contact information: [email protected], +386 41 714 873.

Dragica Kotnik, Higher State Prosecutor, Head of Specialized Department, Group of State Prosecutors for the Prosecution of Organized Crime, Office of the State Prosecutor General of the Republic of Slovenia. Contact informa-tion: [email protected], +386 51 684 432.

2 - Maj Fritz.indd 111 8.9.2011 13:39:02



CRIMINAL INVESTIGATION OF ENVIRONMENTAL CRIME IN SLOVENIA WITH THE SUPPORT OF CRIME MAPPING

AUTHORS:

Katja Eman and Gorazd Meško

ABSTRACT

PURPOSE:

The global trends of emphasizing the importance of protecting the environ-ment have also affected the work of the Slovene police. The police have a very important role as well as some specific work in the detection and in-vestigation of environmental crime. Therefore, it is very important to have good knowledge of different methods of analysis of environmental criminal-ity. A combination of police crime statistics and the Geographic Information Systems (GIS) provides a quick crime mapping with very clear and practical charts, enabling the development of better strategies and methods of detec-tion, criminal investigation and crime prevention.


The crime analysis is very important for a successful response of the police, whether it is reactive or proactive police work. Therefore, the objective of the present research is to identify the forms of environmental crime occurring on the territory of the Republic of Slovenia and to make a proposal for police activities, based on the research findings. To the selection and analysis of all cases of environmental crime in police statistics for 2008, 2009 and 2010, an analysis of crime using GIS was also conducted.

FINDINGS:

The analysis of environmental crime in Slovenia showed that offenses of en-vironmental degradation and destruction, especially water pollution due to industrial releases, suspicious fires in waste landfills and manufacturing fa-cilities, cruelty to animals and illegal hunting represented the biggest problem

3 - Katja Eman.indd 112 8.9.2011 13:39:18

CRIMINAL INVESTIGATION OF ENVIRONMENTAL CRIME IN SLOVENIA WITH THE ...


Katja Eman, Gorazd Meško

in the past three years in Slovenia. Crime mapping has shown that specific forms of environmental crime occur in certain areas, such as.: illegal dump-ing of waste near the border, where most areas are covered with forests and in caves and sinkholes; warnings or fire at the landfill and some manufactur-ing plant on the outskirts of major cities; neglect and cruelty to animals; pets in the cities and livestock in the rural areas, and illegal hunting, etc.


Due to the normally present shortcomings of the entered coordinates of de-tected acts of environmental crime around 5 percent of all detected cases could not be entered into the charts. Although these cases were not recorded on the maps, all examples of environmental crime were included in the analy-sis of the forms of crime on the territory of the Republic of Slovenia. Further-more, the results were included in the preparation of proposals for further police work.


The results in the form of crime maps are a very good starting point for fur-ther planning of police officers, as it was clear that the sites of specific forms of environmental crime are recurring, suggesting the possibility of the same perpetrator. With the increased control of environmental crime hot spots, the police would be more successful in the criminal investigation of environmen-tal crime. Furthermore, it would be able to discover potential perpetrators and prevent the environmental crime.

ORIGINALITY/VALUE:

Crime mapping of environmental crime in Slovenia has not yet been done. The research findings and presents conclusions of the paper are aimed di-rectly to responsible officers in the police. They are one of the relevant law enforcement authorities, who have had to adapt to the new phenomena and forms of crimes against the environment in the last decade. The findings un-doubtedly have a positive impact on the successful work of the police in deal-ing with deviations against the environment.

KEYWORDS:

environmental crime, crime hot spots, crime mapping, GIS, criminal investi-gation, police, Slovenia

3 - Katja Eman.indd 113 8.9.2011 13:39:18


CRIMINAL INVESTIGATION OF ENVIRONMENTAL CRIME IN SLOVENIA WITH THE ... Katja Eman, Gorazd Meško

ABOUT THE AUTHORS:

Katja Eman, MA, Junior Researcher, Teaching Assistant and PhD student at the Faculty of Criminal Justice and Security, University of Maribor, Ljubljana, Slovenia. She became junior researcher in the field of criminology and is cur-rently conducting a PhD research in the field of green criminology, entitled Crimes against the Environment – Comparative Criminological and Criminal Justice Perspectives. Her research fields of interest are green criminology, en-vironmental crime, environmental justice and organised crime. E-mail: [email protected].

Gorazd Meško, PhD, is Professor of Criminology and Dean of the Faculty of Criminal Justice and Security, University of Maribor, Slovenia. Currently, he is heading a national basic research project entitled “Crimes against the en-vironment” (2009–2012). Gorazd Meško is a member of the scientific board of the International PhD in Criminology at the Catholic University in Milan, Italy. He also serves as the editor in chief of the Journal of Criminal Inves-tigation and Criminology (orig. Revija za kriminalistiko in kriminologijo). His research fields are crime prevention and provision of safety/security, policing, fear of crime, and crimes against the environment. E-mail: [email protected].

3 - Katja Eman.indd 114 8.9.2011 13:39:18



CRIMINAL INVESTIGATION OF ART CRIME IN SLOVENIA

AUTHORS:

Boštjan Slak, Bojan Dobovšek and Renata Samardžić

ABSTRACT

PURPOSE:

The aim of the article is to present some aspects of criminal investigation of art and historical heritage related crimes. Furthermore, we will analyse opin-ions of Slovenian investigators, especially how the art crime is connected to other crimes in Slovenia and to represent the current magnitude of art crime in Slovenia.


A web based survey was conducted. Sample considered of Slovenian criminal investigators. Gathered opinions were statistically analysed using SPSS. A re-view of literature was the basis for in survey used questioner.

FINDINGS:

Literature on criminal investigation on art crime is rare alone. Even though rare in numbers, art crime is big in material damage.

Slovenian investigators rarely come across art artefacts. Even connection with other types of crimes is rare. Our survey showed that art related cases are not very “desirable”. Investigators don’t agree that they have enough knowledge about art related crime. Cooperation with other instructions (IN-TERPOL) they evaluate as good.


Sample limitations – number of responses, rural vs. urban representatives of sample. Investigators working on art crime are not very keen on participating in such studies and after use of network of criminal investigators we got 91 responses, however 57 of them could only be used for final analyses.



CRIMINAL INVESTIGATION OF ART CRIME IN SLOVENIA Boštjan Slak, Bojan Dobovšek, Renata Samardžić


Results showed that there should be some more dedication devoted to educa-tion of investigators about art crime, furthermore such education for pros-ecutors and judges should also be present. Cooperation of investigators and prosecutors was also exposed as a problematic factor when investigating art crime.

ORIGINALITY/VALUE:

There wasn’t any similar study done in Slovenia and as we could find, either abroad. Findings are useful to those who develop strategies of art related crimes investigations and for further academic research.

KEYWORDS:

art crime, cultural heritage, criminal investigation, investigation problems

ABOUT THE AUTHOR�S�:



Renata Samardžić, Art historian; Academy of Criminalistic and Police Stud-ies, Belgrade; E-mail: [email protected].




COMPARING CRIMINAL INVESTIGATIVE SYSTEMS FOR ART CRIME CASES

AUTHOR:

Noah Charney

ABSTRACT

PURPOSE:

There are few dedicated art police in the world today, but the number of na-tions responding to the real and proven threat of art crime, which the US De-partment of Justice notes is the third-highest grossing criminal trade world-wide behind only drugs and arms and is perpetrated primarily by organized crime groups, has seen the establishment in recent years of new “art squads,” notably in Canada and the Netherlands. This paper will examine the evo-lution of how art crimes were investigated, including the establishment of the Carabinieri Division for the Protection of Cultural Heritage in 1969, the first dedicated art squad, and the great success of Scotland Yard’s Arts and Antiques Unit, which in the past few years has reduced museum theft in Lon-don by 60% and recovered 80% of all objects stolen. We will discuss why art crime has not been a focal point for police and what investigative systems have worked best, in order to suggest improvements to implement in the future.


This paper is based on many hours of interviews with art police from various countries (Italy, the Netherlands, the United States, Canada, England, Spain, Belgium) to learn the often-haphazard organizational principles of their art investigations, which rarely garner sufficient support from their own admin-istrations due to an incomplete understanding of the severity of art crime in general. Based on historical and recent successes, this paper will suggest offi-cial policies that would improve both investigative success and help promote the academic study of art crime.

5 - Noah Charney.indd 117 8.9.2011 14:28:04


COMPARING CRIMINAL INVESTIGATIVE SYSTEMS FOR ART CRIME CASES Noah Charney

FINDINGS:

While few countries have any dedicated art police, the tremendous success of Italy’s Carabinieri and Scotland Yard’s Art Squad, with far better recovery and prosecution rates than any other countries, provide the best model for other national police squads to emulate.


This paper will look in particular at the Carabinieri Division for the Protection of Cultural Heritage and Scotland Yard’s Arts and Antiques Unit as exemplars of the best of modern art police, using their investigative techniques as a point of departure for suggesting methods for other police departments to emulate.


After decades during which most of the world’s police departments all but ignored art crime as a serious crime to investigate, recent years have seen the establishment of new “art squads,” notably in Canada and the Netherlands. This paper will examine how past art squads have been successful, and in doing so offer practical suggestions to maximize the potential positive impact for new and future such squads.

ORIGINALITY/VALUE:

Art crime has not been a focal point for police, and has rarely been addressed by scholars. This paper, and the research of the author and those affiliated with the research group he runs, make a significant positive impact in the field, by analyzing past crimes to prepare for the future. This paper will ana-lyze which investigative systems have worked best, in order to suggest im-provements to implement in the future.

KEYWORDS:

art crime, art police, investigating art crimes, art theft

ABOUT THE AUTHORS:

Noah Charney is a professor of art history at American University of Rome. He is the founder of ARCA, a non-profit research group on art crime. His work on art crime has been praised in such forums as The New York Times and the BBC. He is the editor of “Art & Crime: Exploring the Dark Side of the Art World” (Praeger 2009) and is working on a chapter on art crime for an edited volume to be published by Springer in 2012, and a complete history of art crime, to be published by Princeton University Press. ARCA, Association for Research into Crimes against Art [email protected], +39 3349946071, www.artcrime.info.

5 - Noah Charney.indd 118 8.9.2011 14:28:04

PANEL 6:INVESTIGATIVE PSYCHOLOGY

1 - Csaba Fenyvesi.indd 119 8.9.2011 13:40:30



CONFRONTATION, AS SPECIAL INTERROGATION TECHNIQUE FROM CRIMINALISTIC ASPECT

AUTHOR:

Csaba Fenyvesi

ABSTRACT

PURPOSE:

The purpose of the study is to make a correct criminal procedural definition of confrontation and to analyse it as a special interrogation-criminal tactical instrument. Above all the author shows the further possibilities/chances of enhancing/powerfulness of confrontation’s tactics.


The confrontation as truth-seeking method is examined from aspect of - the-ory known as - the seven key (criminalistic) questions, namely: what (is it?) where, when, how, who, with whom, and lastly why (can be used?).

FINDINGS:

The following belongs to the novelties regarding the recommendations of the tactics related to criminalistics:

— establishing a separate room for confrontation, — omission of starting question(s) related to ’finding relations’ in the pro-

cess of carrying out confrontation, — omission of recording meta-communicational and physiognomical signs, — in case of unsuccessful confrontation a report is advised to be prepared

instead of making records,— the following idea should be borne in mind: a planned and thorough prep-

aration and an intensive and focused carrying out related to confrontation is sure to result in a better outcome. Therefore the faults of the tactics of confrontation that are likely to be committed and the ones that have been widely told about in details can be avoided with greater chance.



CONFRONTATION, AS SPECIAL INTERROGATION TECHNIQUE FROM CRIMINALISTIC ASPECT Csaba Fenyvesi

ORIGINALITY/VALUE:

This is the first study in the Hungarian professional literature which analyses in detail the confrontation as truth-seeking method from criminalistics aspect and gives recommendations for the practical investigators.

KEYWORDS:

confrontation, criminalistics, failures, interrogation, preparation-execution-evaluation

ABOUT THE AUTHOR:

Csaba Fenyvesi, dr. univ.ec., Ph.D., Dr. habil. associate professor at Criminal Procedure Law and Forensic Science Department of Faculty of Law University of Pécs; writer of 3 monographs, 3 textbooks, and appr. 200 studies, includes 80 in 11 different foreign languages, published in 12 countries address: 48-as tér 1. 7622 Pécs, Hungary. E-mail: [email protected].




DIFFERENCES AMONG FEMALES AND MALES IN PERSONAL DESCRIPTIONS OF CULPRITS

AUTHOR:

Igor Areh

ABSTRACT

PURPOSE:

Past research, conducted mainly in the form of analogue studies, shows that there are gender differences in eyewitness memory recall. Our aim was to establish the quality and the effect size of these differences in the research design with higher external validity.


The study was conducted with a help of 97 undergraduate students of Faculty of Criminal Justice and Security, who watched videotaped recording about violent robbery which was presented as a true event. A week later memory recall was checked and evaluated by structured interview.

FINDINGS:

There are no significant gender differences, but the presence of own-gender bias was established. Men gave more accurate personal descriptors of a male culprit and contrary, females gave more accurate descriptions of female vic-tim.


This is an analogue study which tries to simulate a real life circumstances, therefore results are an approximation of results which could be gathered if a real crime would be analyzed.


When investigation interview is conducted it is important that investigator knows what to expect from eyewitness. Nonrealistic expectations could con-

2 - Igor Areh.indd 123 8.9.2011 13:40:45


DIFFERENCES AMONG FEMALES AND MALES IN PERSONAL DESCRIPTION OF CULPRITS Igor Areh

tribute to eyewitness report with low validity. If interviewer is aware what to expect from male or female eyewitness, he or she can gather useful and more reliable information.

ORIGINALITY/VALUE:

The study give’s inside in gender differences in the context of eyewitness memory recall, therefore findings could be useful in criminal investigation.

KEYWORDS:

eyewitness testimony, gender, personal descriptors, accuracy

ABOUT THE AUTHOR:

Igor Areh has a Ph.D. in Psychology and he is Assistant Professor in Forensic Psychology. His scientific research is focused on eyewitness testimony.

2 - Igor Areh.indd 124 8.9.2011 13:40:45



MISTAKEN EYEWITNESS IDENTIFICATION IN LINEUP

AUTHOR:

Željko Karas

ABSTRACT

PURPOSE:

The aim of this research is to show main features of investigation that discov-ered mistaken eyewitness identification. Research depicts structure of inves-tigative process and it is not dealing with factors that influence accuracy or confidence. The purpose of the research is to get general insight into charac-teristic of discovering identification mistakes.


The research is based on a quantitative analysis of files in which police dis-covered that during simultaneous lineup witness had misidentified a perpe-trator. Ten files from police units in Croatia (2000-2010) were studied closely for the purpose of this paper.

FINDINGS:

The analysis showed that in all cases there was one witness who performed identification. All perpetrators were acting without accomplices. Most of the cases were robberies (7 cases), followed by rapes (2 cases) and a fraud. Con-sidering the crime scene, most of crimes occurred indoors (7 cases), mostly in grocery shops. Half of the crimes were committed between 6 PM and 9 PM. Two perpetrators wore hood, one was using motorcycle helmet, one perpe-trator was wearing a cap and a scarf, one was wearing a cap, sunglasses and a beard, while others were without any disguise.

False suspects who are not illegal immigrants (2 were foreign citizens) were earlier prosecuted for committing similar crimes. All of them were reported for crimes or misdemeanors after false identification too. Time to discover false suspects was up to six days in 3 cases, and in the equal number of cases between 10 and 25 days. From available files it was impossible to distinguish method that guided investigators to the particular false suspects.

3 - Željko Karas.indd 125 8.9.2011 13:41:10


MISTAKEN EYEWITNESS IDENTIFICATION IN LINEUP Željko Karas

All of true suspects had history of earlier crime reports too. One of them was caught in flagranti by different police unit during similar crime only a day after witness misidentification. In 2 cases true suspect was discovered by different police unit during other crime investigation. Three suspects were revealed using DNA evidence collected from the crime scene. In 3 cases, true suspect was discovered 1 or 2 months after police reported false person; in 3 cases suspect was discovered after 3 or 4 months, while other were discov-ered in period ranging up to 9 months. Difference in age between false and true suspect were in most cases smaller than 3 years.

ORIGINALITY/VALUE:

This research has implications on legal safeguards and minimal standards that had to be considered to avoid negative consequences. In Croatia, there are no legal safeguards on suggestive influence of showing photographs, for arranging lineup order, or limiting simultaneous identification in favour of sequential. Legal rights are given to the witness who is conducting identifica-tion, but not to the suspect who is the object of identification.


Findings from the paper shows situation in particular country but the same problem could be present in many law systems in the region of South-Eastern Europe because of similar legal regulation and investigative tradition.

KEYWORDS:

misidentification, lineup, police

ABOUT THE AUTHOR:

Željko Karas, Ph.D., Head Deputy, Police College, Croatia; Address: Police College, Av. G. Šuška 1, HR-10000 Zagreb, Croatia, Contact: Phone +385 12426 304; Fax: +385 12426 415; e-mail: [email protected].

3 - Željko Karas.indd 126 8.9.2011 13:41:10



CRIMINAL AND PSYCHOLOGICAL ASPECTS OF POLICE INTERVIEW AND INTERROGATION APPROACHES

AUTHOR:

Jasmina Krštenić

ABSTRACT

PURPOSE:

The purpose of this article is to present the actual use of different criminal and psychological approaches which occur during the police interview and interrogation in pre-criminal procedure according to the Criminal Procedure Code of Republic of Serbia and foreign law experience. This part of discover-ing the evidence and treating suspects, victims and witnesses is crucial for further criminal procedure and reaching the verdict. The first contact be-tween police officers on one side and potential suspects, victims and wit-nesses on the other side, could be a serious obstacle which could have an influence on power of evidence. Material evidence is preferable, but the situ-ations without possibility of collecting material evidence are numerous and police professionals are aware of this problem which represents a real chal-lenge for experienced police officers. The right use of psychological methods combined with appropriate knowledge of different interrogation techniques is based upon compound and comprehensive police education and skills of each police professional. The right approach to interviewed person is basic element of each criminal case. Person who interviews or interrogates has to be capable of finding the truth without pressure, violent behavior or lying in order to provoke an interviewed person. An interview takes place right after the crime is committed, memories are colorful and picturesque and ready to be pronounced.


This article is based on legal solutions according to the Criminal Procedure Code of Republic of Serbia, reminding on basic subjects connecting with topic which has been presented: suspect, victim and witness, the police interview and interrogation, procedure of interviewing according to the Criminal Pro-

4 - Jasmina Krstenic.indd 127 8.9.2011 14:46:52


CRIMINAL AND PSYCHOLOGICAL ASPECTS OF POLICE INTERVIEW AND INTERROGATION ... Jasmina Krštenić

cedure Code of Republic of Serbia, the Reid technique, some foreign experi-ences and practical researches. We used descriptive and comparative method to describe and explain necessary subjects, techniques and approaches.

FINDINGS:

The criminal and psychological aspects of police interview and police inter-rogation are complex and process of making a good police officer who will be capable to cope with modern types of criminal acts is very demanding. The times when finding the truth “ no matter how and how much it will cost “ has been the only way of “doing a police job“ are a long behind us. The modern criminal diversity demands a modern police officer who will find important facts and evidence just from interview with suspect, victim or witness. A po-lice officer must be a patient listener, skillful and able to write down each segment of suspect’s statement. Wrong interpretation can harm suspect, but also can bring troubles to person who wants only to tell the truth from his or her point of view. Reality could be interpreted in different ways, but the aim of police professional work is to reach the credible version. One of the aims is to remind of the Serbian legal system practice and learn from foreign experiances and practices. The most important and most difficult aim is to accomplish the balance between knowledge of the police investigator and skills of a qualified listener.

ORIGINALITY/VALUE:

This article intends to be educative, interesting and worth of reading to the professional public because of its reminding on familiar subjects, legal so-lutions and some practical researches and statistics data concerning police interview and police interrogation from criminal and psychological aspect.

KEYWORDS:

police officer, interview, interrogation, truth

ABOUT THE AUTHOR:

Jasmina Krštenić, LLB, Public Prosecutor’s Deputy, The Second Public Pros-ecutor’s Office in Belgrade, Serbia; Public Prosecutor’s Deputy, The Munici-pal Public Prosecutor’s Office in Lazarevac (2003-2010); PhD student, Faculty of Law, University of Kragujevac, Serbia. The Second Public Prosecutor’s Of-fice in Belgrade, Savska 17a; e-mail: [email protected].

4 - Jasmina Krstenic.indd 128 8.9.2011 14:46:52



ABOUT THE NECESSITY TO LEARN THE SIMULATED BEHAVIOR

AUTHORS:

Gabriel Ion Olteanu and Emilian Dobrescu

ABSTRACT

PURPOSE:

The aim of this paper is to present supporting arguments for promoting a new issue in investigators` training curricula, which to develop for them the com-petence to adopt the most appropriate behavior in relationship with persons implicated in illegal activities they investigate. It is accepted that the investi-gators have different kind of personal problems, they confront with different types of moods and situations which can affect their professional activity. In the most of their judicial activity, the investigators must have credibility, to persuade the people around about the truthfulness of those he/she feels or says. To adapt the investigator’s behavior to each judicial activity it is not simple, and that is why the author promotes the idea that it is necessary to study the way in which an investigator may became more credible, as a guar-anty for the criminal investigation’s success.


The authors develop important considerations based on their own experience and some opinions published in the special doctrine. After they researched for many years the investigated persons` behavior, the way they lie, they have got to a conclusion – the investigators need to know how to lie, to hide their weaknesses, complaints or personal passions.

FINDINGS:

An investigator’s work is very complex. It requires a special level of concen-tration and emotional involvement and it is based on the person’s capacity to continuously adapt to the way the investigated person’s behavior evolves. To do this, the investigator must have the capacity to dissimulate his/her personal inputs and passions, which once exteriorized might affect the cred-ibility.

5 - Gabriel Ion.indd 129 8.9.2011 13:41:38


ABOUT THE NECESSITY TO LEARN THE STIMULATED BEHAVIOUR Gabriel Ion Olteanu, Emilian Dobrescu

It is necessary for the investigator to have knowledge to allow him/her to have the most appropriate posture or gestures considering the current activ-ity – it is necessary for the investigator to be able to lie, and to do this it is not enough to have their own experience or to get some clichés from the more experienced.

ORIGINALITY/VALUE:

The opinion expressed in this paper represents a novelty in the European specialized doctrine. It occurs most often reluctant to make clarifications on the conduct of an investigator - what to do, how to say or how to be – it is only said that he or she must be a professional.

KEYWORDS:

criminal investigaton, investigator, simulated behavior

ABOUT THE AUTHORS:

Gabriel Ion Olteanu has a PhD in law form 2004, published 5 books in his specialty, has leaded 3 scientific research programs, develops a carrier in criminalistic field, and is an assistant professor in Criminalistics Department from Police Faculty in Police Academy, Bucharest, Romania. E-mail: [email protected].

Emilian M. Dobrescu, professor, scientific secretary of the department of economics, law and sociology, Romanian Academy, Calea Victoriei 125, Bu-charest, sect 1, Tel/Fax: 004 021 212 8648, Mobile: 004 0744 6334 83, e-mail: [email protected].

5 - Gabriel Ion.indd 130 8.9.2011 13:41:38



LONG�TERM CONSEQUENCES OF PROVIDING PERPETRATOR’S DESCRIPTION ON SUBSEQUENT LINEUP PERFORMANCE

AUTHOR:

Joanna Kabzińska

ABSTRACT

PURPOSE:

Perpetrator’s descriptions are routinely provided by witnesses during crimi-nal interrogation. They serve as cues for locating suspects, or as a basis for fa-cial composite construction, although they are considered to be fragmentary and indistinct. Surprisingly, psychological research suggest that recalling cul-prit’s appearance negatively influences the ability to subsequently recognize the described face – a phenomenon called verbal overshadowing effect (VOE, Schooler & Engstler-Schooler, 1990). Its occurrence has been confirmed in numerous experiments, but its duration remains unclear. Questions concern-ing long-term consequences of providing culprit’s description need to be an-swered, if VOE is to be considered by investigative bodies when scheduling actions involving eyewitnesses.


The article is based on a review of literature and empirical research. In two experiments, participants watched a film depicting a robbery and then, de-pending on the group: 1) did not describe a perpetrator’s appearance or 2) provided a description. In both experiments, two weeks time interval between providing perpetrator’s description and recognition attempt from among 6 photographs, was introduced. In the first experiment (N=50) all lineups where target present, in the second one (N=80) half of the parades in each group contained the photograph of the actual perpetrator.

FINDINGS:

In forensically relevant conditions, verbal overshadowing seams no longer a threat to lineup performance, at least when manifested by an increase in misidentifications rate. Nevertheless some of the conducted research suggest that providing description after two weeks results in enhanced reluctance

6 - Joanna Kabzinska.indd 131 8.9.2011 13:40:07


LONG TERM CONCEQUENCES OF PROVIDING PERPETRATOR’S DESCRIPTION ON SUBSEQUENT Joanna Kabzińska

to identify anyone in the lineup. This finding supports the hypothesis, that verbalizing culprit’s appearance leads to more rigorous criterion for identifi-cation decision in witnesses, and hence to an assumption of the absence of a perpetrator in a parade, rather than an identification attempt from among the participants in the lineup (Clare & Lewandowsky, 2004).

RESEARCH IMPLICATIONS:

As facial composite construction involves recalling perpetrator’s appearance, future research should concentrate on its influence on subsequent lineup per-formance. Constructing a facial composite requires more detailed and com-prehensive recall of offender’s face, thus findings concerning perpetrator’s description may not necessarily apply to facial composites.


Presented research demonstrate that only the knowledge of long-term effects of verbalization, though somewhat ambiguous, allows the assessment of the risk that VOE carries for investigative practice. Findings suggesting that verbalizing perpetrator’s face lead to an assumption of his absence in the lineup may have a positive aspect – protects innocent persons from being identified as a culprit.

ORIGINALITY/VALUE:

Short time intervals between recall and recognition in most experiments concern-ing verbal overshadowing effect, force us to be careful when generalizing from the obtained results to the reality of the administration of justice. Research up till now on the influence of former recall on future recognition has not allowed any recommendations to be formulated for prosecuting bodies on its basis, because of a lack of investigative realism in the used experimental procedures.

KEYWORDS:

perpetrator description, eyewitness identification, verbal overshadowing ef-fect

ABOUT THE AUTHOR:

Joanna Kabzińska has received M.A. degrees in law and psychology at Ja-giellonian University in Krakow, Poland. Currently she is a PhD student at the Faculty of Law and Administration at Jagiellonian University, prepar-ing doctoral thesis at the Chair of Criminalistics and Public Safety. Address: Chair of Criminalistics and Public Safety, Faculty of Law and Administration, Jagiellonian University, Olszewskiego 2, 31-007 Krakow, Poland. E-mail: [email protected], telephone number: +48 505047540.

6 - Joanna Kabzinska.indd 132 8.9.2011 13:40:07


1 - Anton Dvoršek.indd 133 8.9.2011 13:42:36



CRIMINAL INVESTIGATION BETWEEN CRIMINAL INTELLIGENCE AND �KRIMINALSTRATEGIE� � SLOVENIAN CASE

AUTHORS:

Anton Dvoršek and Danijela Frangež

ABSTRACT

PURPOSE:

The purpose of this research was to analyse how some of the new approaches in criminal investigation are reflected in the theory and practice of criminal investigation in Slovenia.


By means of a qualitative descriptive analysis of the relevant Anglo-American and German legislature , the authors found some new approaches to criminal investigation, and are now looking into their effect on the theoretical and practical level in Slovenia.

FINDINGS:

In the 1990s two innovative approaches to criminal investigation developed almost simultaneously in Europe. England linked the experiences from Intel-ligence, strategic planning and crime analysis into Criminal Intelligence. The new approach got the much needed impetus when it became the most impor-tant element of a new model of policing intelligence - led policing. EUROPOL latter created European criminal intelligence model which implemented knowledge from intelligence- led policing. Approximately at the same time the Germans developed a new concept called »Kriminalstrategie« which is based on experiences from past investigations of terrorism in their region and knowledge from concepts of military strategy. Although the new concept was incorporated into an existing system of criminal investigation, it soon became apparent that it is growing over it and also that it is closely related to police management. Both concepts developed due to quantitative and qualitative changes of crime and although the resources were limited these changes re-quired innovative approaches to investigating and greater emphasis on pro-active measures. The German concept, on one hand, is in a way connected



CRIMINAL INVESTIGATION BETWEEN CRIMINAL INTELLIGENCE AND ... Anton Dvoršek, Danijela Frangež

with crime politics, which makes it an appropriate tool for strategic criminal investigation management; on the other hand the English concept gives more emphasis to the role of analysts which makes it seem more inclined to opera-tional and tactical level of criminal investigation.

Slovenia, as a Central European country, tried to take the most useful insights of both approaches and introduce them into undergraduate and postgraduate education at the Faculty of Criminal Justice and Security. The first strategic document on further development of the police criminal investigation was based on a model of “Kriminalstrategie”, but after EUROPOL took the concept of criminal intelligence, or to be exact intelligence-led policing, Slovenian (Criminal) police is trying, trough the reorganization of the police, to provide necessary conditions for the implementation of the National Criminal Intelli-gence model as a subsystem model to European Criminal Intelligence Model. In addition to the education, also the pressure (and support) from EUROPOL can contribute to faster implementation of the new ideas.

REASEARCH LIMITATIONS/IMPLICATIONS:

Research findings are limited to Slovenia.


Results are useful for theorists and practitioners of criminal investigation planning in the Central Europe.

ORIGINALITY/VALUE:

The research is the first of its kind in Slovenia (and other Central European countries.)

KEYWORDS:

criminalistics, criminal investigation, criminal intelligence, “Kriminalstrat-egie”, Slovenian criminal police

ABOUT THE AUTHORS:

Anton Dvoršek, Ph.D., Associate Professor at the Faculty of Criminal Justice and Security, University of Maribor, Slovenia, former director of the Criminal Police Directorate. His research and teaching subjects are criminal investigation and strategy of criminal investigation. Contact: [email protected].

Danijela Frangež, MA, Assistant Lecturer in Criminal Investigation at the Faculty of Criminal Justice and Security, University of Maribor, Slovenia. Her research is focused on criminal investigation and violence against children. Contact: [email protected].




IMPLEMENTATION OF CRIMINAL INTELLIGENCE IN SLOVENIA � LEGAL DILEMMAS AND POSSIBLE SOLUTIONS

AUTHOR:

Mojca Rep

ABSTRACT

PURPOSE:

Law enforcement agencies are facing many barriers when investigating seri-ous forms of crime. Slovenia has with the Resolution on the National Security Strategy undertaken to implement and establish criminal intelligence activity as one of the effective measures in order to prevent, restrict and investigate more complex (transnational) criminal offences. To achieve the desired aim some changes needs to be done on several areas, including legislation, which will allow legally acceptable activity at all stages of (pre) investigation phase. On that way the gathered information and later on evidence, are legally per-missible and usefull for prosecution to the fullest extent of the law.


Relevant foreign legislation were reviewed in order to determine how men-tioned model is legally regulated elsewhere, especially at first stage – gather-ing information. Findings were compared with current Slovenian legislation trying to answer the question whether it is possible to implement criminal intelligence activity in Slovenia in its full extent.

FINDINGS:

Gathering information, as one of the important elements for implementation of criminal intelligence, is allready regulated in current Slovenian legislation. Nevertheless, it raises doubts regarding adequacy of performance, particu-larly in the pre - investigation phase. However, the legislation provides a good “starting point”. At the same time, taking into account the opinion of the Con-stitutional Court, the source of information (as a key factor for realization of criminal intelligence) is properly protected in case of potential criminal pro-ceedings. Forthcoming legislation may offer some additional solutions for the

2 - Mojca Rep.indd 137 8.9.2011 13:42:50


IMPLEMENTATION OF CRIMINAL INTELLIGENCE IN SLOVENIA – LEGAL DILEMMAS ... Mojca Rep

implementation of criminal intelligence model. Slovenian draft of Criminal Procedure Act re - defines the role of the public prosecutor and (for now still) investigative judge and their responsibilities during the investigation which will allow additional judicial control on critical (according to some) aspects of pre - investigation phase.


The article refers only to possible solutions regarding Acts and other regu-lations in the field of criminal legislation for possible further criminal pro-ceedings. Proper implementation of criminal intelligence requires necessary amendments of legislation in other areas as well.

ORIGINALITY/VALUE:

Proposed changes may reduce concerns about the implementation of the criminal intelligence. On one hand constantly changing criminal environ-ment calls for new investigation approach. On the other hand it is necessary that criminal intelligence should base on appropriate legislation taking into account all legal principles.

KEYWORDS:

gathering of information, criminal intelligence, legislation, criminal investi-gation, legal standards, EU, criminal procedure, constitutional court

ABOUT THE AUTHOR:

Mojca Rep, MA in Criminal Justice and Security, Assistant in Criminal Pro-cedure Law at the Faculty for Criminal Justice and Security, University of Maribor, Slovenia. E-mail: [email protected].

2 - Mojca Rep.indd 138 8.9.2011 13:42:50



DEVELOPED CRIMINAL INTELLIGENCE FUNCTION AS AN IMPORTANT FACTOR FOR EFFECTIVE CRIME PREVENTION AND CRIMINAL INVESTIGATION

AUTHORS:

Damjan Potparič and Anton Dvoršek

ABSTRACT

PURPOSE:

Criminal intelligence is a relatively new policing concept that has developed from the experience and expertise of classic intelligence brought to the police by military and civilian intelligence experts upon joining the police ranks. The criminal intelligence function established in police organisations has sig-nificantly contributed to increased efficiency in crime prevention and crimi-nal investigation, becoming one of the main pillars of countering organised crime. The purpose of this paper is to highlight the problem of insufficiently developed criminal intelligence function, which impairs the efficiency of criminal investigation and hinders the transition to intelligence-led policing as a response to the ever increasing gap between the available resources and crime threats and at the same time as the main direction of policing develop-ment in the EU. The paper discusses some issues related to this topic emerg-ing in Slovenia and the EU.


By means of a qualitative descriptive analysis the authors analyse the estab-lishment of a criminal intelligence function in the Slovenian police as well as the understanding and development of the concept of intelligence-led polic-ing in Slovenia and the EU.

FINDINGS:

The paper identifies the problem of insufficiently developed criminal intel-ligence function, which stems from a lack of tradition in criminal intelligence in the Slovenian police, resulting in a lack of awareness of the significance of criminal intelligence. As a consequence of this, Slovenia has been slow in

3 - Damjan Potpariè.indd 139 8.9.2011 13:43:04


DEVELOPED CRIMINAL INTELLIGENCE FUNCTION AS AN IMPORTANT FACTOR ... Damjan Potparič, Anton Dvoršek

setting up a criminal intelligence function and developing a national criminal intelligence model, which is affecting the efficiency of criminal investigations and hindering the development of proactive policing. Setting up national criminal intelligence models in the EU member states provides the conditions for effective functioning of the ECIM and represents the basis for the imple-mentation of intelligence-led policing principles both at the national and at the EU level. The findings are useful for the Slovenian police in establishing the national criminal intelligence model. Furthermore, the findings are useful for other Member States that do not yet have a national criminal intelligence model in place.

ORIGINALITY/VALUE:

The analysis and conclusions help us understand the role of criminal intel-ligence function in efficient criminal investigation and in the introduction of proactive policing at the national and EU level.

KEYWORDS:

criminal investigation, criminal intelligence, national intelligence model, in-telligence-led policing, Slovenian criminal police, ECIM

ABOUT THE AUTHORS:

Damjan Potparič, B.A. in Defence Studies, Specialist in Criminal Investiga-tion (Faculty of Criminal Justice and Security), Head of Europol National Unit in the Criminal Police Directorate, Ph. D. Candidate at the Faculty of Crimi-nal Justice and Security, University of Maribor. His areas of interest include criminal intelligence and international police cooperation. Contact informa-tion: [email protected].

Anton Dvoršek, Ph.D., Associate Professor at the Faculty of Criminal Justice and Security, University of Maribor, Slovenia, former director of the Criminal Police Directorate. His research and teaching subjects are criminal investi-gation and strategy of criminal investigation. Contact: [email protected].

3 - Damjan Potpariè.indd 140 8.9.2011 13:43:04



INSTRUMENTS OF INTERNATIONAL POLICE COOPERATION IN CRIMINAL INVESTIGATION OF MOTOR VEHICLE THEFTS IN BOSNIA AND HERZEGOVINA

AUTHORS:

Borislav Petrović, Eldan Mujanović and Irma Deljkić

ABSTRACT

PURPOSE:

The intention of this paper is to describe traditional model of criminal in-vestigation of motor vehicle theft offences and to explore how mechanisms of the international police cooperation can enhance police effectiveness in investigation of these crimes in Bosnia and Herzegovina, especially if they include international illegal trade in stolen vehicles. Ultimate goal is to assess how certain instruments of cooperation, particularly special investigation techniques are suitable for improvements of investigation model for motor vehicle thefts and how do they adapt to the needs of policing in this field.


This research uses both quantitative and qualitative approach. Official police statistics and other available data on the extent of motor vehicle thefts on national level of B&H and international level is used to identify the amount of organized, transnational motor vehicle thefts. Furthermore, data from sur-vey on population of 150 police officers in B&H is analyzed to identify which instruments of cooperation are usually used in investigation of these crimes, and to explain possibilities of proactive, intelligence led instruments of inves-tigation for police practice in this field.

FINDINGS:

Results from this study suggest that police forces in B&H still base their ap-proach on traditional, reactive instruments of international police coopera-tion while investigating motor vehicles thefts with transnational dimension. It is evident from this research that legal framework allows use of modern, proactive instruments of cooperation. However, certain obstacles, such as insufficient education and training, lack of experience etc., still significantly hinder the use of these instruments in practice.

4 - Borislav Petroviè.indd 141 8.9.2011 14:48:35


INSTRUMENTS OF INTERNATIONAL POLICE COOPERATION IN CRIMINAL INVESTIGATION ... Borislav Petrović ...


Current data on the extent of the problem of motor vehicle thefts in B&H still doesn’t allow clear identification of cases with transnational dimension. It is only possible to approximate their number by using clearance rates. This indicates that findings on use of certain instruments of international police cooperation in the criminal investigation of motor vehicle thefts in B&H may not be completely accurate. Therefore, further research should apply case study approach in order to examine typical actions in investigating transna-tional cases of motor vehicle thefts and to identify gaps in their detection and prosecution.


Examining the role of the international police cooperation for the purpose of more effective investigation of motor vehicle thefts could lead to the more extensive use of such instruments in police daily practice. Moreover, iden-tification of certain obstacles in practical application of these instruments could improve overall model of investigation. Finally, more frequent use of proactive instruments of cooperation should impact detection and prosecu-tion rates of motor vehicle thefts.

ORIGINALITY/VALUE:

Motor vehicle thefts as form of property crime are traditionally perceived as low-priority problem for police and criminal justice system. Such perception is also present within scientific treatment of this problem, especially from the criminal investigation perspective. This research is one of the few that shows the importance of modern instruments of the international police cooperation in increasing police effectiveness while investigating motor vehicle thefts.

KEYWORDS:

criminal Investigation model, motor vehicle thefts, international police co-operation

ABOUT THE AUTHORS:

Borislav Petrović, Ph.D, Associate Professor and Dean at the Law Fac-ulty of the University of Sarajevo, Bosnia and Herzegovina, Obala Kulina Bana 7, Sarajevo, BiH, tel. +387 33 20 63 60, fax. +387 33 20 63 55, e-mail: [email protected].

Eldan Mujanović, Ph.D., Assistant Professor, University of Sarajevo, Faculty of Criminal Justice, Criminology and Security Studies, Zmaja od Bosne 87100 Sara-


INSTRUMENTS OF INTERNATIONAL POLICE COOPERATION IN CRIMINAL INVESTIGATION ...


Borislav Petrović ...

jevo BiH, tel. +387 33 56 12 58, fax. + 387 33 56 12 16, e-mail: [email protected].

Irma Deljkić, Ph.D., Assistant Professor, University of Sarajevo, Faculty of Criminal Justice, Criminology and Security Studies, Zmaja od Bosne 8 7100 Sarajevo BiH, tel. +387 33 56 12 56, fax. + 387 33 56 12 16, e-mail: [email protected].




CRIMINAL INVESTIGATION OF OMISSION OFFENCES

AUTHOR:

Miha Šepec

ABSTRACT

PURPOSE:

When law enforcement agents arrive at the scene of the crime they always ask themselves the same question – who committed the crime? The answer is always hidden in an unknown (or possibly known) felon who committed the offence with an act that resulted in the illegal consequence. However, what if there was no act? If there was no active behaviour that resulted in the illegal consequence? Than the questions that must be asked are: who was supposed to prevent this criminal act and who had the duty to prevent the offence but did not prevent it.

The problem of today’s criminal investigations is that they mainly focus on the offences done via a commisionus act (active execution of a criminal act) and disregard the offences done via an omissionus act (passive execution of a criminal act).

The purpose of this article is to present to the public the problems of crime investigation of omission offences and to point out the significance of omis-sions in combating crime.

From this perspective the article tries to present new techniques and methods of criminal investigation and evidence gathering in the hopes that this knowl-edge will lead to a better efficiency in criminal offence prosecution.

The goal of the article is also to present the law doctrine knowledge of omis-sion offences, which the law enforcement agencies and its employees often lack.


The article is theoretical in nature. Deductive, inductive and systematic me-thods of research are used to reach the core of the problem and to present the

5 - Miha Šepec.indd 144 8.9.2011 13:42:18

CRIMINAL INVESTIGATION OF OMISSION OFFENCES


Miha Šepec

problems that law enforcement agents must deal with regarding the investi-gation of omission offences.

FINDINGS:

Omission offences are constantly in the shadow of commision crimes and are therefore not given much thought. Since omission offences are a construct of criminal law, they are better known to lawyers and prosecutors, but not so much to criminal investigators and police officers who usually investigate the crime scene. Since they lack the knowledge of omission offences they so-metimes rule out a potential felon. Therefore education on omission offences is an essential need for all who are dealing with criminal investigations and with the prosecution of criminal offences.


If the findings from the paper are implemented in criminal investigations and our criminal legislation procedure, we can expect a more effective prosecuti-on of omission crimes, better indictments and more successful verdicts.

ORIGINALITY/VALUE:

Omission offences are a complex construct of criminal law. Therefore they are only taught and discussed within the circle of criminal lawyers. However they are usually not the ones directly examining the crime scene and leading a criminal investigation. Therefore knowledge and education about omissi-on offences should be given to those who are directly dealing with criminal investigations. This is rarely (or almost never) done and is therefore also the purpose of this article – to present to those dealing with criminal investigati-on, and are not criminal lawyers, the importance and complexity of omission offences.

KEYWORDS:

omission, commission, duty to act, crime scene investigation, criminal law, offence, criminal act, penal code.

ABOUT THE AUTHOR:

Miha Šepec, Ljubljana law university graduate, PhD candidate at the Fac-ulty of Law, University of Maribor, criminal law assistant at the Faculty of Criminal Justice and Security, University of Maribor, Slovenia. Contact in-formation: phone: +38641663412, e-mail: [email protected]; [email protected].

5 - Miha Šepec.indd 145 8.9.2011 13:42:18

5 - Miha Šepec.indd 146 8.9.2011 13:42:19

PANEL 8:ORGANIZED CRIME

1 - Elena Topilskaya.indd 147 8.9.2011 13:44:18



PROVOCATION AND ENLISTING AS INVESTIGATING METHODS IN COUNTERING THE ORGANIZED CRIME

AUTHOR:

Elena Topilskaya

ABSTRACT

PURPOSE:

The purpose of this article is to make a contribution to the array of special strokes in countering organized crime. The struggle against the organized crime is the most important task of the police, also as of the government, but it fails permanently in Russia. The detailed describing and analysing of good practices, in compare with the experience of other countries, may sufficiently enforce the countering organized crime.

DESIGN/METODOLOGY/APPROACH:

The article is based on some recent works of Russian academic criminalists, and on the documents of UN dedicated to the international cooperation in the countering organized crime, as well as on the results of researches done by the author herself, and on the experience of organized criminal activity’s investigating in Russia.

FINDINGS:

Organized crime has enveloped our society with a swift thrust, so the state law enforcement leg behind catastrophically. There are no special training courses for the detectives and agents carrying out criminal intelligence and undercover investigation. And the recent abolition of The Federal Anti-Orga-nized Crime Department led to the intense lack of detectives experienced in combating organized crime, as well as intelligence analysts. It became almost impossible for combatants to use such undercover investigating methods like provocation, in order to make the criminals commit the intended felony, or enlist some erratic members of gangs, to receive the inside information about the criminal activity. Besides, there is no adequate legal solution of the prob-lem of responsibility for committing crimes when acting as undercover agent.



PROVOCATION AND ENLISTING AS INVESTIGATING METHODS IN COUNTERING THE ... Elena Topilskaya

In addition, the public opinion, as well as majority of jurists, dissapprove the frame-up as a method of getting evidence.

ORIGINALITY/VALUE:

The paper is the first attempt to analyse the experience of getting evidence by secret means and to create practical recommendations about the arranging such operations and using the results of it in the trial.

KEYWORDS:

organized crime, evidence, undercover investigating, trial

ABOUT THE AUTHOR:

Topilskaya Elena, L.D., senior lecturer, criminal law department, Russian Academy of Justice. Practiced as a senior investigator in the Office of the City Prosecutor, Saint-Petersburg, a prosecutor in the Office of Leningrad Region-al Prosecutor, a Deputy District Prosecutor, Chief of the Investigating Depart-ment. She exercised the investigation and prosecution of the organized crime’ cases. The author of more than 30 scientific works, particularly a monograph “The Organized Crime” (1999). Address: Russia, Saint-Petersburg, ul. Marata, 47-49 ap.53. Mob.ph. +7 (921) 908-61-93. E-mail: [email protected].




DISCLOSING OF CRIMINAL OFFENCES OF ORGANIZED CRIME CONCERNING THE GEOGRAPHIC DISPERSION OF THE ORGANISED CRIMINAL GROUPS IN REPUBLIC OF SERBIA

AUTHORS:

Muamer Nicević, Dragan Manojlović and Aleksandar R. Ivanović

ABSTRACT

PURPOSE:

The purpose of this research paper is to present the main types of organized criminal groups and their geographical distribution in the Republic of Ser-bia.


In this research paper, the method of content analysis of existing domes-tic and foreign literature, comparative method, in-depth interviews, survey methods and descriptive analysis were applied. In order to obtain relevant information from the practical work, regarding the relationship between the types of organized crime groups and their geographical distribution in Re-public of Serbia, we were using the methods of direct observation, content analysis and survey.

FINDINGS:

After the changes made during 2000, as a condition for successful detection of organized crime’s criminal actions in Republic of Serbia, there was a need for the adequate understanding of the sole organization of organized criminal groups, types, activities and geographical distribution. The analysis of these segments of organized crime would contribute to building a more effective legal and criminalist methods for detection and prosecution of organized crime’s criminal actions, but also pointed to possible directions in the pre-vention of organized crime’s criminal actions. Eventually, this approach will allow the construction of a national strategy to fight organized crime. In this context, the authors have made this empirical research in Republic of Serbia, and consider this issue as a factor that threatens national security, economic,

2 - Muamer Niceviè.indd 151 8.9.2011 13:44:32


DISCLOSING OF CRIMINAL OFFENCES OF ORGANIZED CRIME CONCERNING ... Muamer Nicević

legal system and human rights which in any case has repercussions on the credibility of the state in international relations.


Research results are limited to collecting material for the analysis of types of organized criminal groups and their geographical distribution in the Republic of Serbia.


The research results can be used to develop a strategy in the prevention of or-ganized crime, in finding methods of action in gathering criminal intelligence and operational knowledge, building crime-intelligence and operational base that will enable trend analysis and development of organized crime groups and their activities. This, on the other hand, would allow “shortening the period” from the moment of finding out about the emergence of an organized criminal group to the moment of disabling its activities.

ORIGINALITY/VALUE:

The originality of this paper is reflected in the empirical study of the types of organized crime groups and their geographical distribution in Republic of Serbia. This approach opens the possibility for this problem to be regarded through the current manifestations, and it can be basis for introduction of some new methods used in detecting and gathering evidence in the legal and the criminalist practice, but it can also serve as a basis for understanding the conditions that are suitable for development and the activities of organized criminal groups in general.

KEYWORDS:

organized crime, criminal investigation, organized criminal group, national security

ABOUT THE AUTHORS:

Muamer Nicević, Ph.D., Associate Professor of criminal procedural law, at the Department of law sciences at International University of Novi Pazar, Dean of Faculty of Law at International University of Novi Pazar, former chief of the police department in Novi Pazar, the Ministry of Internal Affairs of the Republic of Serbia. Contact information: [email protected]; telephone: 00381 (0)64 8891696; fax: +381 (0)20 338420.

Dragan Manojlović, Ph.D., Assistant Professor of criminalistics at the De-partment of law sciences at International University of Novi Pazar, former se-


DISCLOSING OF CRIMINAL OFFENCES OF ORGANIZED CRIME CONCERNING ...


Muamer Nicević

nior official of the Ministry of Internal Affairs of the Republic of Serbia. Con-tact information: [email protected]; telephone: 00381 (0)63 7029029; fax: +381 (0)20 338420.

Aleksandar R. Ivanović, MSc., Assistant at the Department of law sciences at International University of Novi Pazar in the courses: organized crime, eco-nomic crime, national security and criminalistics. Engaged in research in the field of protection of national security. Contact information: [email protected]; telephone: 00381 (0)64 1311175; fax: +381 (0)20 338420.




ORGANIZED ENVIRONMENTAL CRIME IN SLOVENIA

AUTHORS:

Katja Eman, Gorazd Meško and Bojan Dobovšek

ABSTRACT

PURPOSE:

The environmental destruction is connected with the functioning of mod-ern societies, characterized by the concept of economy. Investigations by the competent authorities, the stories of investigative journalists and researchers of the study reveal that a large proportion of these practices are connected to organized environmental crime. The aim of the conducted analysis is a detailed examination, although the cases of organized environmental crime in Slovenia are rare, and to demonstrate its features. The purpose of this pa-per is to show the detected forms of organized environmental crime in Slo-venia and to highlight their characteristics and specifics with the intention to contribute to a more successful detection and criminal investigation of environmental criminality on the national level. In the conclusion, possible improvements are presented.


The method of a content analysis of written sources was used for a detailed review of cases of organized environmental crime in Slovenia. The detected individual characteristics of environmental crime forms have been particu-larly exposed and described.

FINDINGS:

Environmental crime has become attractive for organized criminal groups due the high incomes and lack of environmental legislation on the market-place. Organized environmental crime is nowadays a real threat that has de-veloped from the past theoretical concept at the conditions offered by the modern society: economic liberalization and globalization of world economy and the consequent abolition of border controls, decreased legal control and the reduction of supervision of the flow of financial assets offered greater op-portunities for money laundering and the diversion into legitimate business.

3 - Katja Eman.indd 154 8.9.2011 13:44:46

ORGANIZED ENVIRONMENTAL CRIME IN SLOVENIA


Katja Eman, Gorazd Meško, Bojan Dobovšek


The presented analysis is the first example of the selection and classification of detected forms of organized environmental crime in Slovenia. In addition to demonstrating the presence of organized environmental crime on the Slo-venian territory, the paper constitutes a useful basis for further research, and reactive and proactive responses of the criminal justice system.

ORIGINALITY/VALUE:

The paper places organized environmental crime in a crime triangle, and shows that in case of the presence of the victim and the perpetrator in a single place, the presence or supervision of security guards has reduced (in the case of organized environmental crime a state or competent authority), the occurrence of crime. In doing so, the questions of responsibility and ac-countability arose. Not only the lack of criminal law regulation in the field of environmental protection, but often even more important paths of wide-reaching crime networks in the peaks of large corporations and companies and political leaders, are enabling profitable business for organized criminal gangs. Therefore, the findings are primarily aimed at those involved in the Slovene criminal justice system and those who watch over its operation and functioning of the rule of law.

KEYWORDS:

organized environmental crime, a crime triangle, green criminology, Slove-nia

ABOUT THE AUTHORS:

Katja Eman, MA, Junior Researcher, Teaching Assistant and PhD student at the Faculty of Criminal Justice and Security, University of Maribor, Ljubljana, Slovenia. She became junior researcher in the field of criminology and is cur-rently conducting a PhD research in the field of green criminology, entitled Crimes against the Environment – Comparative Criminological and Criminal Justice Perspectives. Her research fields of interest are green criminology, en-vironmental crime, environmental justice and organised crime. E-mail: [email protected].

Gorazd Meško, PhD, is Professor of Criminology and Dean of the Faculty of Criminal Justice and Security, University of Maribor, Slovenia. Currently, he is heading a national basic research project entitled “Crimes against the en-vironment” (2009–2012). Gorazd Meško is a member of the scientific board of the International PhD in Criminology at the Catholic University in Milan, Italy. He also serves as the editor in chief of the Journal of Criminal Inves-

3 - Katja Eman.indd 155 8.9.2011 13:44:47


ORGANIZED ENVIRONMENTAL CRIME IN SLOVENIA Katja Eman, Gorazd Meško, Bojan Dobovšek

tigation and Criminology (orig. Revija za kriminalistiko in kriminologijo). His research fields are crime prevention and provision of safety/security, policing, fear of crime, and crimes against the environment. E-mail: [email protected].

Bojan Dobovšek, PhD, is Associate Professor of Criminal Investigation and Vice Dean at the Faculty of Criminal Justice, University of Maribor, Slove-nia. He is a partner of Institute fur Politikwissenschaft und Socialforschunf, University of Wurzburg, Germany, and a visiting professor at the University of Ghent, University of Sarajevo, University of Belgrade and University of Zagreb. His areas of research are organized crime, corruption, art crime, envi-ronmental crime, criminal investigation and investigative journalism. E-mail: [email protected].

3 - Katja Eman.indd 156 8.9.2011 13:44:47



INTERNATIONAL COOPERATION IN KEEPING CRIMINAL AND FINANCIAL INVESTIGATION OF ORGANIZED ECONOMIC AND FINANCIAL CRIME

AUTHORS:

Svetlana Nikoloska and Ivica Simonovski

ABSTRACT

PURPOSE:

The purpose of this text is to give a unique contribution to the development of international cooperation in the process of conducting investigations on organized economic - financial crime through studying the scientific and pro-fessional literature, international legal acts, national legislation, and statisti-cal data. This crime doesn’t know borders. The purpose of crime is to ac-quire the proceeds (yield) illegally. Then, comes the second stage, according to which, the proceeds carried away from the source. And finally the third phase, under which money is introduced into the financial system as clean money (investments, foreign capital). It is necessary to harmonize domestic criminal legislation with European and international legislation. The goal is one, to lead parallel comprehensive financial and criminal investigations to locate, freeze and confiscate criminal proceeds. International cooperation is necessary and required to provide relevant evidence and information about the type and amount of criminal proceeds obtained by the criminals by abus-es, corruption, tax evasion and etc.


The text is structured as follows: defining the concept of organized economic - financial crime, emergent forms and shapes, analysis of statistical data on the dangers of this criminal phenomenon to the National Budget and Econo-my of the Republic of Macedonia, analysis of national and international regu-lations regarding investigations, planning, cooperation and coordination in conducting criminal and financial investigations and need for inter-institu-tional collaboration and international exchange of data and information. As the proposal in this paper, the need for preparation of international operat-ing standards for conducting criminal and financial investigation would be emphasized.

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INTERNATIONAL COOPERATION IN KEEPING CRIMINAL AND FINANCIAL ... Svetlana Nikoloska, Ivica Simonovski

FINDINGS:

One of the most profit businesses is organized economic - financial crime, where incomes and improving living standards are associated with criminal activities and financial results are accomplished with little effort made. With the effects of corruption, criminal business becomes real business with low risk and affordable “profession” for the perpetrators, who often exploit its functions, professional knowledge and jobs. It uses good “positioning” in society, connection with inspection services and their utilization in terms of failing to mandatory controls and thereby avoiding payment of taxes and contributions to the state. Individuals or groups, to gain personal wealth in a quick manner, do not choose means, ways and methods to establish of the government system, through the capture of high social positions in the exec-utive or judicial authority where they have great power in deciding, and great opportunities for abuse. Investigation and proof of organized financial crime are complex issues which requires conducting a comprehensive investiga-tion which includes: criminal investigation which aims to provide evidence of first degree crime, evidence and traces that connect all the crimes involved offenders and the type and amount of illegally acquired proceeds and finan-cial investigation to determine the trace of the money and the identification and delineation of criminal proceeds earned from legally acquired income. Raising awareness among investigators for cooperation, coordination and ex-change of information is a prerequisite for the investigations using principles of “a case study”.

ORIGINALITY/VALUE:

The text is original and is the result of long research of the authors on the state of organized economic - financial crime in the Republic of Macedonia and need for international cooperation on the basis of internationally accept-ed standards and operating procedures to achieve the better result of field research in investigation and proving complex criminal situations with ele-ments of international.

KEYWORDS:

organized economic - financial crime, criminal businesses, criminal investi-gation, financial investigation, confiscation

ABOUT THE AUTHORS:

Svetlana Nikoloska, Phd, is a professor at Faculty of security in Skopje, and Head of Department of security in financial control. She is doctor of security on theme of the defense “Crime against official”. The subject of scientific interest and economic - financial crimes, computer crime, money launder-


INTERNATIONAL COOPERATION IN KEEPING CRIMINAL AND FINANCIAL ...


Svetlana Nikoloska, Ivica Simonovski

ing which has published many papers in Macedonia and abroad, active par-ticipant in the project “Standardized Training for Financial Investigation of Organized Crime and Terrorism, the Academy of Interior Bulgaria obtained by the European Commission under the heading »Prevention of fight against crime«, 2010 -2011 year. E – mail [email protected].

Ivica Simonovski, PhD, is an Adviser for the analysis of suspicious transac-tions at the Office for Prevention of Money Laundering and Financing of Ter-rorism – Republic of Macedonia. He is an expert with good experience in the field of prevention of money laundering, financing of terrorism, organized crime, with many publications in the area of financing of terrorism, money laundering and organized crime. He has participated in many conferences, seminars, trainings in the field of prevention of money laundering, and fi-nancing terrorism. Together with PhD Svetlana Nikoloska, was active par-ticipant in the project “Standardized Training for Financial Investigation of Organized Crime and Terrorism, the Academy of Interior Bulgaria obtained by the European Commission under the heading “Prevention of fight against crime”, 2010 -2011 year. E – mail [email protected].



1 - Nedzad Korajlic.indd 161 8.9.2011 13:45:29



THE PROFILE OF THE CRIMINALIST

AUTHORS:

Nedžad Korajlić and Driton Muharremi

ABSTRACT

PURPOSE:

The purpose of this article is to define the profile of the criminalist, by analyz-ing the characteristics of a good criminalist, the intellectual characteristics, as well as the psychological and physical ones and also the need and the type of education. These characteristics are defined by analyzing the empirical and theoretical research and his role in practice in fighting the crime in the modern time and the rapid development of technology.


The article is based on a review and analysis of professional literature on crimi-nalistic, published in Bosnia & Hercegovina and Kosovo and periodicals and on the analysis of research studies carried out by the Institute of Criminalistic, fo-rensic investigation and judicial expertise of University of Sarajevo and Center for Criminalistic research of University AAB-RIINVEST - Prishtina- Kosovo.

FINDINGS:

Although there have been many researches made in criminology in general, there wasn’t much done regarding the depth study of the criminalist’s profile, by analyzing all features and an appropriate education that a good criminalist must have, as well as the features which the criminalist has to avoid.

Through our research work which in addition to the theoretical aspect we’ve also tried illustrating it in a form of a poster - the real profile of a criminalist and his characteristics as: knowledge, creativity, patience and persistence. Also the intellectual characteristics- he has to absorb an educational prepa-ration which will be applied in his work; psychological characteristics: he must be balanced emotionally, neutral, doesn’t take sides, curious, doubtful, distinctive and disciplined.



CHARACTERISTICS OF CRIMINAL INVESTIGATORS (SUGGESTED TITLE) Nedžad Korajlić, Driton Muharremi

Physical characteristics: good weight and height, good sight and hearing, to be healthy and to have a high level of energy since the investigation can be laborious and long . At the end we have proposed the level of education that the criminalist needs in order to fulfill the task in the most professional way as an investigator.

ORIGINALITY/VALUE:

The paper is the first systematic overview of the history and development of criminalistics in Bosna and Hercegovina and Kosovo and a call for further research.

KEYWORDS:

criminal investigator, criminalistics, forensics, education, research

ABOUT THE AUTHORS:

Nedžad Korajlić, prof. dr., born in1963 in Bosnia and Hercegovina, he is the direc-tor of Institute of criminalistics, forensic research and judicial expertise in the Faculty for criminalistic, criminology and security studies, University of Sa-rajevo. He has published many scientific and research papers in B&H and abroad. He has published 10 books as author and co-author. Has participated in many scientific research projects, whereas within professional education has participat-ed in many different seminars and conferences abroad. Worked in police until 1988 being engaged in different jobs, among which there are: Inspector for general crimes; Chief of narcotic unit; Chief of police; deputy minster for police matters in MIA Canton Zenica-Doboj. Has been awarded many times for achieved results and as a result got the silver police medal in 1995 and gold one in 1996. He teaches in bachelor and master studies in law faculty in Sarajevo, law faculty in Zenice, law faculty in Travnik and „AAB-Riinvest“ University in Prishtine, in criminalistic program. Contact information: www.csi-aba.com, [email protected], [email protected].

Driton Muharremi, Mr.Sc., (PhD candidate) is from Prishtina, Kosovo. He was a criminal judge at the Municipal Court of Prishtina until 2010. Now is a lecturer and Vice dean in Faculty of Law of AAB-RIINVEST University in Prishtina. He has published a number of scientific and professional paper at home and abroad. He is the co-author of two university textbook “KRIMI-NALISTIKA” and ,, HEURISTIC CRIMINALISTIC. He has participated in many seminars abroad and he is a specialist in anti-corruption. E-mails: [email protected], [email protected].




THE ROLE OF THE SCHOOL POLICE OFFICER IN THE PREVENTION OF SCHOOL CRIME IN SERBIA

AUTHORS:

Vesna Žunić-Pavlović, Dragan Milidragović and Marina Kovačević-Lepojević

ABSTRACT

PURPOSE:

The purpose of the article is to analyze and evaluate the role of the school police officers in prevention of crimes, misdemeanors and other incidents in elementary and secondary schools in Serbia. The introduction of school po-lice officers in Serbia started with an experimental program in some schools in 2002. Today there are a total of 311 school police officers employed in 558 schools in Serbia. Until now, realization of this project was not fallowed with clear theoretical background and empirical evidences of its effective-ness. That might be the reason for the lack of attention that is given to school-police partnership in general, in particular comparing to the huge amount of different developmental programs that are realizing in schools in Serbia.


The article is based on the research of the prevalence and characteristics of school crime and activities of the school police officers in 29 elementary and secondary schools located in the territory of the city of Novi Sad in Serbia. The research was carried out during two years, from January 2009 to Decem-ber 2010. The data were collected by analyzing the documentation of the Novi Sad Police Department. Methods of descriptive statistics, frequencies and percentages were used for the data processing.

FINDINGS:

Novi Sad Police Department employs 20 school police officers operating in two shifts in 16 elementary and 11 secondary schools in the city of Novi Sad. Considering the number of schools in the city of Novi Sad (N=53), half of the elementary and almost all secondary schools engage police officers. Only five school police officers are on duty in one school each, while the other 14 school police officers cover two and one three nearby schools each.

2 - Vesna Zunic.indd 165 8.9.2011 13:45:44


THE ROLE OF THE SCHOOL POLICE OFFICER IN THE PREVENTION OF SCHOOL CRIME IN SERBIA Vesna Žunić-Pavlović ...

During the observed period, school police officers reported 258 incidents to-tal happened in school building, school yard or in its’ surrounding (crimes 56%, misdemeanors 24% and other incidents 20%). Property crimes were re-ported in 70%, violent crimes in 12% and the rest in 18%. Most frequently misdemeanor was insult, abusive and violent behavior (68%). In the 2010. schools reported 136 incidents, which is for 11% higher rate than in 2009.

The results show continual enhancement of the school police officer work ef-fectiveness as in the processing of the detected incidents, as well in the direct realization of the preventive activities in schools. In only 30 days in 2010. it was detected three times more criminal acts than in the whole 2009. In 2010 school police officer held 62 lectures in schools and seven officers have acti-vely participated in the realization of the school crime prevention programs. In contrary, in 2009. only one lecture was held and one school police officer had participated in the school crime prevention program.


This research might be only a beginning. Future researches should incorpo-rate several variables beside incidents report in order to better clarify the role of school police officers.

ORIGINALITY/VALUE:

As school police officers in Serbia are a relatively new type of public service in the term of crime prevention and reduction, have yet to be thoroughly evalu-ated. The results bring the objective insight in the power and the weakness of the school police officer work, fully public informing about this project and reassessment of its’ real contribution to the school crime prevention.

KEYWORDS:

school crime, school police officer, research, evaluation, Serbia

ABOUT THE AUTHORS:

Vesna Žunić-Pavlović, PhD, Associate professor of the Prevention and treat-ment of the conduct disorders methods at the Faculty of Special Education and Rehabilitation, University of Belgrade. E-mail: [email protected].

Dragan Milidragović, MA, Ministry of the Interior of the Republic of Serbia, Novi Sad Police Department, E-mail: [email protected].

Marina Kovačević-Lepojević, Teaching assistant and student of PhD studies at the Faculty of Special Education and Rehabilitation, University of Belgrade. E-mail: [email protected].

2 - Vesna Zunic.indd 166 8.9.2011 13:45:44



THE RELATION BETWEEN INVESTIGATIVE AND PREVENTIVE CRIMINALISTICS POLICE ACTIVITIES

AUTHOR:

Slaviša Vuković

ABSTRACT

PURPOSE:

The aim is to analyze the content of repressive law enforcement activities, with normative-legal, theoretical and practical aspects, to point its contri-bution to crime prevention activities, and current problems in aligning two types of activities and opportunities to overcome them.


Review of the literature, comparative method and content analysis.

FINDINGS:

Repressive activity in criminalistic police practice is still the dominant form of controlling crime, despite results of numerous studies showing that it should not be so. One of the biggest reasons for that are the indicators of suc-cess of law enforcement officers who is still the percentage of solved crimes in relation to total number of detected and recorded crime by police. There are other problems related to prevailing attitude that the criminalistics is still only repressive science that needs to give immediate results. At the same time lack of knowledge of opportunities, and forms and methods of preven-tion activities contribute to crime prevention activity is neglected in practice. Therefore, this paper suggests ways to overcome existing situation and im-prove the effectiveness of preventive police activities.


The fact is that the above analysis should provide a starting point for further research opportunities to enhance crime prevention activities, as well as the standardization process exchange of knowledge which was learned through

3 - Slavisa Vukovic.indd 167 8.9.2011 13:46:02


THE RELATION BETWEEN INVESTIGATIVE AND PREVENTIVE CRIMINALISTIC POLICE ACTIVITIES Slaviša Vuković

repressive activities which can be used in crime analysis methods for more effective forecasting of its development and planning appropriate preventive measures.


The proposals set out in the paper should promote adequate organization of the operational policing but also to adjust the existing ways of transferring knowledge in the field of crime prevention in education and training of per-sonnel for police.

ORIGINALITY/VALUE:

Reflected in an attempt to harmonize both preventive and repressive activities in practice so as to provide uniform and systematic collection of data through repressive methods of policing that are important for preventive activities.

KEYWORDS:

prevention, repression, criminalistics, police

ABOUT THE AUTHOR:

Slaviša Vuković, assistant professor, Kriminalisticko-policijska akademi-ja, Ul. Cara Dusana 196, Beograd. Phone: 011/3107-111, e-mail: [email protected].

3 - Slavisa Vukovic.indd 168 8.9.2011 13:46:02



APPLICATION OF MATHEMATICAL METHODS OF STATISTICS IN THE PROCESS OF DETERMINATION OF MORE PROBABLE EXECUTOR SUICIDAL TERRORISM

AUTHORS:

Dragan Tatomir, Bozidar Forca and Vojkan Zorić

ABSTRACT

PURPOSE:

Ideological suicidal situation, ideological pressure, hypnosis, drugs, dire eco-nomic or medical situations, are all potential sources of suicide terrorists. This study will use mathematical statistics methods to determine increase in probability of finding a potential perpetrator of suicidal terrorism.


The definition of terrorism that would be generally accepted in the international social and scientific community is not clear. Among many reasons for different approaches in defining terrorism, one thing is for sure - there is no political will from countries to establish a single definition of terrorism that could be equally applied regardless of the specific political interests in international relations. Due to the lack of unique definitions we introduce semantics, lexical, criminal justice, strategic methods, political and other criteria to define this term.

In this paper we used mathematical statistics, composition and convolution of statistical distributions in an attempt to come up with a definition. The most common case that occurs in practice is that a random variable (e.g., perpetrators of suicidal terrorism) has the same interval of the change of ran-dom variables (total number of potential perpetrators) and the same type of density distribution P (selected group or individual - the perpetrators of suicidal terrorism), but the parameters and density distributions are different (age, education, social status, motivation). Then it is clear that if the analysis process characterized by a given distribution using only one of the densities, results cannot be complete and entirely objective. Therefore, we introduce the procedure of convolution of distributions, in order to obtain the resulting distribution, which gives more objective results than a single distribution.

4 - Dragan Tatomir.indd 169 8.9.2011 13:46:22


APPLICATION OF MATHEMATICAL METHODS OF STATISTICS IN THE PROCESS ... Dragan Tatomir ...

FINDINGS:

The resulting formula can be used to determine the probability of finding poten-tial perpetrators of suicidal terrorism, after statistical analysis of data collected. After the formation of the distribution curve, using the above explained meth-ods of composition and convolution, the mathematical expectation of the poten-tial perpetrators of suicidal terrorism can be calculated. In this way, prevention against destabilization of the order in country system can be made, not only in cases of individual suicide terrorism, but also in cases of suicidal groups.

ORIGINALITY/VALUE:

Abstract of original Scientific Paper, only show a fraction of the implemented mathematical equations, as well as the work itself, and whose results ob-tained can increase the probability to determine the potential perpetrator of suicidal terrorism and thus to act preventively and save human lives and sig-nificant social facilities.

KEYWORDS:

methods of mathematical statistics, suicidal terrorism, the probability of find-ing, prevention

ABOUT THE AUTHOR’S:

Dragan Tatomir, Serbian Army colonel, head of Division for Planning and Strategy on R. Serbia in the Department of Strategic Planning of the Ministry of Defense of the Republic of Serbia, Ministry of Defense of the Republic of Serbia, Defense Policy Sector, Strategic Planning Department, Birčaninova 5, Belgrade, Serbia, [email protected].

Bozidar Forca, Major General, PhD, professor at the Military Academy, head of Department for Strategic Planning in the Defense Policy Sector, Ministry of Defense of the Republic of Serbia, Defense Policy Sector, Strategic Planning Department, Birčaninova 5, Belgrade, Serbia, [email protected].

Vojkan Zorić, Teacher of Physics, MSc, PhD, a longtime leading expert of Na-tional Criminal Technical Center of the Ministry of Internal Affairs R. Serbia in the field of inorganic analysis, and analysis of paint’s and Micro traces, an Fo-rensics Scientist and expert of the Ministry of Justice R. Serbia in the field: micro traces, Crime Physics and Crime Chemistry, Research Associate Laboratory for Condensed Matter Physics, Faculty of Sciences, University of Novi Sad, head of the first research project in Forensic investigations in Serbia under the auspices of the Ministry of Education and Science R. Serbia, Ministry of Internal Affairs, CPD-National Criminalistic-Technical Center, Kneza Milosa str. 103, Belgrade, Serbia, +381/11/3615-125, [email protected], [email protected].

4 - Dragan Tatomir.indd 170 8.9.2011 13:46:22



ON VALIDITY OF MAFIA INDEX: A BASIC INVESTIGATIVE TOOL FOR PRACTITIONERS

AUTHORS:

Luca Giommoni and Matevž Bren

ABSTRACT

PURPOSE:

The purpose of this contribution is to test the validity of the Mafia Index (MI) developed by Calderoni. Trough different approaches the analysis aims to verify and confirm the MI, showing that the Mafia phenomenon in Italy is not just a problem of the South but also affects the North of Italy. Recalling that scanning is always the first step to investigate a criminal phenomenon, this contribute can offer some cues for practitioners.


The first step has been to verify the validity of the MI with factor analysis. It is expected that four variables (number of mafia-type associations, number of mafia murders, number of city councils dissolved for infiltration of organized crime, and amount of assets confiscated from organized crime) constructing the MI all lay in one dimension. Subsequently, a cluster analysis (hierarchical and non-hierarchical) has been carried out to group Italian provinces accord-ing to the MI value.

FINDINGS:

One-dimensionality of the four variables is verified and the factor of Mafia presence carried out through factor analysis does not present significant dif-ferences confronting with MI. The validity of MI is therefore confirmed. The cluster analysis results in four clusters showing that the mafia is not just a phenomenon isolated in the South, but it also affects North Italy, especially through economic activities.

5 - Luca Giommoni.indd 171 8.9.2011 13:45:10


ON VALIDITY OF MAFIA INDEX: A BASIC INVESTIGATIVE TOOL FOR PRACTITIONERS Luca Giommoni, Matevž Bren

RESEARCH LIMITATION/IMPLICATION:

The analysis is carried out considering just four variables highly correlated with Mafia activities. Further analysis in this field might take additional vari-ables into account (such as: drug offences, exploitation of prostitution, usury, smuggling, arsons, money laundering, etc.).


Our results confirm a new perspective on the Mafia phenomenon and con-sequently call for a modified response of politicians, police, judiciary, and public. The first benefit of MI is to assess how pervasive and serious mafia is. Secondly it would help government to allocate resources or to weigh cost/benefit of legislative decisions. Moreover it could be useful to identify trends over time.

ORIGINALITY/VALUE:

The one factor of mafia presence carried out through factor analysis does not present significant differences confronting with MI and therefore confirms the validity of MI construct. The second value of our contribution are clas-sification results of Italian provinces according to mafia presence into four clusters of historical mafia presence, high mafia presence, economical mafia presence, and low mafia presence.

KEYWORDS:

mafia presence, Italian provinces, factor analysis, cluster analysis, validity of Mafia index

ABOUT THE AUTHORS:

Luca Giommoni (BA in sociology – Università dell’ Aquila, 2009) is a MA student in Applied Social Science - Crime Sciences and Security Technologies at Università Cattolica of Milan. He has worked at Transcrime - Joint Research Centre on Transnational Crime of the Università Cattolica del Sacro Cuore of Milan and the University of Trento. [email protected]

Matevž Bren (PhD, Associate Professor) is Professor of Statistics and Method-ology at the Faculty of Criminal Justice and Security, University of Maribor and Researcher at the Institute of Mathematics, Physics and Mechanics, Slovenia. He is the Head of the Department for Social and Human Studies. Professor Bren is author and co-author of many research papers, book chapters, software packages; his publications have more than 50 independent citations in Web of Science. He was invited lecturer at international conferences and workshops.

5 - Luca Giommoni.indd 172 8.9.2011 13:45:10


1 - Boban Simic.indd 173 8.9.2011 14:06:17

1 - Boban Simic.indd 174 8.9.2011 14:06:17



COMPARATIVE REVIEW OF LEGAL STATUS OF POLICE IN CRIMINAL PROCEEDINGS

AUTHORS:

Boban Simić, Željko Nikač and Marija Blagojević ABSTRACT

PURPOSE:

The reason for writing the paper is more complete and more comprehensive understanding of criminal police office in the modern criminal process sys-tems.


The comparative method was used in the preparation of this paper.

FINDINGS:

The position (rights and obligations) law enforcement agencies - the police are in modern criminal process systems precisely regulated norms of positive law. On the one hand provides the legal basis for the treatment of these organs, affects the efficiency and regularity in the work of these bodies in preventing and combating crime in all forms and manifestations, and on the other hand, has to have a secure and guarantee the position of the suspect or defendant in the authorities of criminal repression and protection of his freedoms and rights. Therefore, all the procedural laws of modern democratic legal systems very precisely determine the position and actions of the police and the relation-ship of these bodies as with other criminal justice and in respect of persons for whom there is suspicion or reasonable suspicion of having committed a criminal act. In this respect, in accordance with the state of modern compara-tive solutions could reorganize conceptual stage of pre-trial proceedings, so as to delegate non-judicial authorities - the state prosecutor and law enforcement authorities, provided that the restriction of fundamental freedoms and rights determined by the court or that such decisions and actions brought under the mandatory control of the court. In this way, ensure the probative force of the factual material obtained from the actions of these authorities.

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COMPARATIVE REVIEW OF LEGAL STATUS OF POLICE IN CRIMINAL PROCEEDINGS Boban Simić, Željko Nikač ...

ORIGINALITY/VALUE:

Procedural status of law enforcement agencies has become very topical with the advent of the increasing volume of the most serious forms of crime which has affected our society today. Specifically, severe crime of violence and or-ganized crime are all more common in our society, and social reaction should have the appropriate tools for their prevention, detection and prosecution. Given the technical and professional capacity, and operational experience, law enforcement can be most efficiently to counter the most serious forms of criminal conduct and to provide financial and personal sources of evidence required for the lawful application of criminal repression, as a legal means of coercion in order to protect the legal order and society as a whole. For all these reasons, the chosen theme offers original comparative legal solutions of modern state whose procedural forms are designed to police to provide evi-dence for the successful launch and completion of the criminal proceedings. In this way, this issue becomes even more important and topical.

KEYWORDS:

crime, criminal law, police, investigation

ABOUT THE AUTHORS:

Boban Simić, MA, Lecturer Academy of Criminalistic and Police Studies, 196 Cara Dušana Str., 11080 Zemun-Serbia, Phone: +381 63 7785 030, boban.simic @ kpa.edu.rs. He has authored or co-authored over thirty technical and scientific papers. He participated on eight international conferences.

Željko Nikač, PhD , Associate Professor, Academy of Criminalistic and Police Studies, 196 Cara Dušana Str., 11080 Zemun-Serbia, Phone: +381 64 8927 654, [email protected]. Author of several papers, articles, monographs and collections of regulations, a participant in many scientific and profes-sional conferences with international participation.

Marija Blagojević, MA, Research Fellow, Academy of Criminalistic and Po-lice Studies, 196 Cara Dušana Str., 11080 Zemun-Serbia, Phone: +381 65 979 1104, [email protected]. Author of several papers, articles, a par-ticipant in several international and national conferences in the field of secu-rity and protection.

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UNDERCOVER INVESTIGATION IN ROMANIA � LEGISLATIVE ASPECTS

AUTHOR:

Mirela Gorunescu

ABSTRACT

PURPOSE:

The purpose of the article is to present the legal framework initiated by the Law no. 218/2003, which amended the Romanian Criminal Procedural Code, and some of the doctrinal and practical problems related to an undercover investigation. Some important issues will be pointed out, such as – the un-dercover investigator and the instigation to crime, the limits of undercover investigation, the legal bases for the lack of imputability.


The article is based on a review and analysis of Romanian legislation and the Romanian doctrine in the field of undercover investigation, published in books and periodicals.

FINDINGS:

In the judicial activity, the undercover investigation is proved to be a very efficient investigative tool, but some of the practical aspects are only super-ficially or slightly transposed in a correct theoretical and legal framework. According to some expert opinions, the undercover investigator is a crime instigator and all the proofs he/she manages to get are not valid because they are illegally obtained, by provoking the criminal behavior. That is why in 2009 the Romanian legislator adopted a new Penal Code (which will enter into force in 2012) and created a new general legitimate cause. This cause will exclude the criminal character of a fact, when it is committed due to the law or to the legitimate authority order. In this way, the limitation of the un-dercover investigation action will be clearer than today: the investigator will not be considered a participant to the crime anymore, because the society will not reproach the facts, and there will be a clear legal framework base to exonerate him/her from criminal liability.

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UNDERCOVER INVESTIGATION IN ROMANIA - LEGISLATIVE ASPECTS Mirela Gorunescu

ORIGINALITY/VALUE:

The paper is a comprehensive overview of the history and development of performing undercover investigations in Romanian criminal trial, supported by specialized legislation.

KEYWORDS:

criminal investigation, undercover investigation, undercover investigator

ABOUT THE AUTHOR:

Mirela Gorunescu, Ph.D., Assistant professor of criminal law, Head of Crimi-nal Law Department, Police Faculty, Police Academy, Bucharest, Romania. E-mail: [email protected].

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HEARING OF AN EXPERT IN MATTERS OF TRAFFIC ACCIDENT CRIME IN POLISH CRIMINAL PROCEEDINGS

AUTHOR:

Arkadiusz Pikulik

PURPOSE:

The goal of this article is to present results of research of legal practitioners gained during hearing of an expert in the cases of traffic accident crime that are held before Polish criminal courts. The author has conducted a research concerning cases in which procedural justice authorities call experts who provide an experts reports. On this basis, research has been done to deter-mine mechanisms of conducting an expert testimony and goals of such pro-ceedings. On this basis, the author will try to provide the answer whether the way expert testimony is applied in practice.


During the writing of this article the author uses the following methods:

— Analysis of expertise literature;— Survey research conducted among experts on traffic, car accident recon-

struction, car mechanics who all act on the area of operation of six courts of appeal in Poland

— Survey research conducted among judges and public prosecutors;

The goal of the author is to provide answers on the following questions:

a. asked to the experts:

— What are the reasons for expert testimony?— How often questioning of an expert during a hearing was needed?— How often one is questioned during a court proceedings?

b. asked to the judges and public prosecutors

— If a report provided by an expert is incomplete or unclear or if there is a contradiction in it what procedural steps do you perform?

— If during one case there is more than one report (done by the experts of the same expertise) and there is a contradiction between them how do you remove this contradiction?

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HEARING OF AN EXPERT IN MATTERS OF TRAFFIC ACCIDENT CRIME IN POLISH ... Arkadiusz Pikulik

On the basis of responses the author will draw conclusions which will illus-trate the state of practice concerning the expert testimony in cases of traffic accidents. Assessing the results of the research, the author will compile them with the theoretical model of the expert testimony and indicate the diver-gences between practice and theory.

ORIGINALITY/VALUE:

The article is the first study on the practice of the Polish courts and prosecu-tors’ offices and the general environment of forensic experts. This includes results of the survey conducted among experts and judges and public pros-ecutors concerning expert testimony in cases of traffic accident crime.

KEYWORDS:

expert testimony, car accidents, scientific evidence, control of scientific evi-dence, reconstruction of traffic accidents

ABOUT THE AUTHOR:

Arkadiusz Pikulik, MA is a graduate of the Faculty of Law and Administra-tion of the Nicolaus Copernicus University in Torun. He is currently a PhD student in the Department of Criminology of the same faculty and a trainee lawyer at the District Bar Council in Torun. A member of the Polish Forensic Society and WSiSW UE European Center NATOLIN Forum. His research in-terests focus on the problems of traffic accidents, especially on expert reports on them, inspection of the accident scene and personal sources of evidence. He is a legal expert in the field of forensic reconstruction of traffic accidents in the District Court in Bydgoszcz. In 2010 he completed postgraduate studies in the field of Traffic Safety and Motor Expertise on the specialty - reconstruc-tion of traffic accidents, organized by the Warsaw University of Technology, the Military Academy of Technology, Institute of Road Transport and the Ap-praisers Association of Automotive Technology and Traffic „EKSPERTMOT”. Contact details: email: [email protected], phone: +48607274842.

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THE BASES AND BOUNDARIES OF NOTIFICATION OF CRIMINAL INTELLIGENCE ACTIVITIES

AUTHOR:

Tanel Järvet

ABSTRACT

PURPOSE:

The objective of the presentation (paper) is to provide an overview of the boundaries of notification of criminal intelligence activities and of the pos-sibilities of appeal in criminal proceedings. Failure of notification of criminal intelligence activities is regarded from the point of views of informational self-determination and other fundamental rights. At an end of the presenta-tion, suggestions are provided on how to better ensure the protection of fun-damental rights impaired by intelligence activities. The European Commission for Democracy through Law (“Venice Commission”) has pointed out, regarding the complaint procedures of the intelligence activities of security agencies that a balance must be struck between the need to guarantee fundamental rights and secrecy.


In respect to the theory, the method of analysis and synthesis was used. For reflecting the statistics of criminal intelligence, a quantitative research meth-od was utilized. To achieve the objective, Estonian criminal intelligence statistics were ana-lyzed in order to assess:

1. The scope of criminal intelligence in criminal proceedings. 2. The scope of notification in criminal intelligence.

FINDINGS:

The results of the paper show that the bases for non-notification are too wide. Therefore, persons are not secured the informational self-determina-tion rights and the right of appeal. There is a need for criteria to assess which

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THE BASES AND BOUNDARIES OF NOTIFICATION OF CRIMINAL INTELLIGENCE ACTIVITIES Tanel Järvet

cases and when persons may be left ‘non-notified’ in order to ensure the se-crecy of intelligence activities.


This paper analyzes the legal remedies within the law of Estonian criminal intelligence activities, comparative to the European Convention on Human Rights, the recommendations of the Council of Europe, the jurisprudence of the European Court of Human Rights and Estonian judicial practice; and makes proposals for specifying the remedies relating to de lege ferenda crimi-nal intelligence activities.

The paper covers only the procedures of criminal intelligence and appeal pro-ceedings. Further study is necessary to identify the bases and boundaries of non-notification and appeal proceedings from the aspect of the intelligence ac-tivity of security agencies (Security intelligence). And definitely the right of a person to access the information collected from intelligence operations.


Because the same problems have also occurred in other European countries, the Estonian experience in 2011 will also benefit other countries.

ORIGINALITY/VALUE:

The Estonian Parliament (February 2011) adopted the law of amendments of the Criminal Procedure Code and related laws. The surveillance regulations will be entered in the Law of Criminal Procedure; and the intelligence related activities entered in the special laws governing the activities of investigation authorities. Changes will take effect beginning 2012. However, in the chang-es, the bases for non-notification have been provided in very general terms. The Estonian Minister of Justice has formed a committee which shall, by October 2011, assess the necessity of change of criminal intelligence activi-ties relating to criminal proceedings. The study findings can be used in the assessment of the bases and boundaries of non-notification of intelligence activities and efficient complaint proceedings – more specifically, for prepa-ration of relevant criteria.

KEYWORDS:

criminal intelligence, rule of law, European Court of Human Rights, funda-mental rights, access to courts, criminal proceedings, notification of intel-ligence activities


THE BASES AND BOUNDARIES OF NOTIFICATION OF CRIMINAL INTELLIGENCE ACTIVITIES


Tanel Järvet

ABOUT THE AUTHOR:

Tanel Järvet, MA, is a lecturer of Surveillance and Penal Law at the College of Police and Border Guard, Estonian Academy of Security Sciences and a former Investigator of the Estonian Central Criminal Police. Main Research Topics: Criminal Intelligence, Surveillance Law, informational self-determi-nation. Academy of Security Sciences, Tilgu tee 55c, 76905, Muraste Vil-lage, Harku, Harju County, Estonia, e-mail: [email protected], Tel.: +372517 3798.




THE SIGNIFICANCE OF CRIMINALISTICS IN PROSECUTORIAL INVESTIGATION SYSTEMS � AN EXAMPLE OF THE REPUBLIC OF SRPSKA AND B&H

AUTHORS:

Mile Šikman, Mile Matijević and Branislav Simonović

ABSTRACT

PURPOSE:

The purpose of this paper is to highlight the importance of criminalistics in criminal procedure systems where prosecutorial investigation is applied. Spe-cifically, the concept of the prosecutorial investigation is characterized by the pronounced role of the prosecutor and authorized officials of the police in the investigation. Actually, their main activity comes down to dismantling and proving the criminal offences. In this context special place is given to criminalistics, particularly in terms of taking certain actions of obtaining evi-dence (tactics). It is often pointed out as a problem of the lack of professional competence of prosecutors when it comes to the investigation, in terms of complying with the rules of criminalistics in taking certain actions of obtain-ing evidence. This paper will give a short overview of this problem in the Republic of Srpska and B&H. It is highly likely that this issue has been (or will be) present in some countries in the region, due to similar systems of education and training of prosecutors (Law study programs with very poor or without any kind of involvement in criminalistics).


In addition to previously published sources, which mostly concentrate on the practical implementation of the concept of prosecutorial investigation in B&H and RS, the authors of this paper, having implemented empirical study, titled “The representation and use of criminal knowledge by the prosecutor in the investigation”, have, also, obtained new experiential material that has been especially suitable for this paper.

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THE SIGNIFICANCE OF CRIMINALISTICS IN PROSECUTORIAL INVESTIGATION SYSTEMS


Mile Šikman ...

FINDINGS:

Prosecutorial investigation has been introduced in criminal procedural legis-lation of the Republic of Srpska and Bosnia and Herzegovina as a European trend. Thus, the prosecutor has taken over the complete control of the inves-tigation by managing it and supervising the work of the authorized officers. More active role of the prosecutor in the investigation is followed by equal-ly active and more significant role of authorized officers (police officers). Evidence obtained in the investigation by the police are fully applicable if collected in a lawful manner (primarily under the supervision of the pros-ecutor). The key to a successful investigation in terms of this concept is the cooperation between police and prosecution, that is, their synergy. Besides that, the responsibility over the investigation is shared between the police and prosecutors.

Therefore, prosecutorial investigations in general, and the current concept of investigation in the Republic of Srpska and Bosnia and Herzegovina requires the direct participation of prosecutors in the very investigation and in the pro-cess of obtaining evidence. On the other hand, how successful the process of obtaining evidence will be depends on the manner in which it is applied (tac-tics), which is, again, influenced by knowledge of the rules of criminalistics. Perhaps this is the weakest link in the actual concept of the investigation, not because of disadvantages of the concept of prosecutorial investigation (which are, of course, present, but not crucial), but due to the lack of systemic study of the area of criminalistics, and therefore the lack of adoption of the criminalis-tics knowledge and skills by current and future prosecutors. In fact, at most law faculties in the Republic of Srpska and B&H, criminalistics is not studied in a systematic and comprehensive manner, but as an optional subject, or possibly as one–semester mandatory subject. Also, programs of continuing education of prosecutors do not include or include only in small percentage the contents from criminalistics as a system (tactics, techniques, methods, operations, strat-egy), but, instead, provide a partial insight into relevant topics within other forms of training. Therefore, it is appropriate to indicate the necessity of ad-ditional training of prosecutors regarding the tactics of application of certain actions for obtaining evidence, that is, the adoption of basic criminalistics knowledge and skills. This is supported by the fact that problems in the inves-tigation usually appear in the process of obtaining evidence. The reasons are clear. Police are those who obtain evidence in most cases, while prosecutors are included in it only occasionally. The problem arises when a certain failure occurs in obtaining evidence or when gathered evidence should be made law-ful (to ensure the control of the prosecutor). According to that, both police and prosecutors agree that the operative part of the investigation should be the

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THE SIGNIFICANCE OF CRIMINALISTICS IN PROSECUTORIAL INVESTIGATION SYSTEMS Mile Šikman ...

responsibility of authorized officers, while the legal part of the investigation should be conducted by the prosecutor. Of course, the course of the whole investigation should be supervised by the prosecutor so that evidence gathered during the investigation has valid evidentiary significance.


Limitations and difficulties in the study are related to data collection, and related standard difficulty in working with qualitative methods such as methods of anal-ysis of the Content and focus group interviews, which were used in the paper.


The authors believe that the analysis of experiences in the Republic of Srpska and Bosnia and Herzegovina in terms of the significance of criminalistics as compared to systems with a dominant concept of prosecutorial investigations could, at least partly, contribute to the scientific and professional commu-nity in order to provide more comprehensive perspective of the dilemma that are being vigorously discussed, or to open any other questions that have not been considered yet.

ORIGINALITY/VALUE:

The paper should stress the importance and necessity of criminology as a scientific discipline in the system regarding the investigation, which in par-ticular should be represented in the work of prosecutors and police.

KEYWORDS:

criminalistics, criminalistic tactics, criminalistic methods, criminalistic op-erations, criminalistic strategies, investigation, prosecutor, police

ABOUT THE AUTHORS:

Mile Šikman, LLD, is the Head of Police Education Department in the Republic of Srpska Ministry of Internal Affairs. He teaches Organized Crime and Crimi-nal Methods at the Police College Banja Luka. Contact: [email protected].

Branislav Simonović, LLD, is professor Criminalistics on Law Faculty at the University of Kragujevac. He has written several books on Criminalistics. Contact: [email protected].

Mile Matijević, LLD, is professor Criminology anda Criminalistics on Law Faculty at the Paneuropean University in Banja Luka. He worked more than 30 years in the police. Contact: [email protected].

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SOME CHANGES IN CRIMINAL INVESTIGATION IN THE LIGHT OF THE FORTHCOMING SLOVENIAN CRIMINAL PROCEDURE ACT

AUTHOR:

Mojca Rep

ABSTRACT

PURPOSE:

Since 1991 Slovenian Criminal Procedure Act has been amended several times. Currently prepared draft of Criminal Procedure Act dramatically changes the Slovenian legal System from Continental to Adversary Legal Sys-tem. The prepared draft divides current (three - phases) criminal procedure (before the trial) into two phases: informal pre - trial criminal investigation and a formal judicial investigation in order to eliminate certain formalities. Mentioned changes imply a more active role of Public Prosecutor and conse-quently contributes to some changes in the criminal investigations involving some different aspects of work and given responsibilities.


For the purpose of this article current Slovenian legislation was reviewed and compared with relevant proposed legal provisions of Criminal Procedure Act, Police Act, State Prosecutor Act, Decree on the cooperation of the state pros-ecutorial service, Police and other competent state bodies and institutions in detection and prosecution of perpetrators of criminal offences and operation of specialised and joint investigation teams, Rules on police powers, etc…

FINDINGS:

Due to the mentioned changes in Slovenian legislation, the article will fo-cus on some essential aspects regarding criminal investigations, which are crucial for future criminal proceedings. The police will still be subordinate by the public prosecutor. But it shall be ex officio obliged to investigate a crime in conjunction with extended legal powers (for example ordering DNK analysis without court order). At the same time the Criminal Procedure Act draft provides a new type of covert surveillance, a different form of so-called

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SOME CHANGES IN CRIMINAL INVESTIGATION IN THE LIGHT OF THE FORTHCOMING ... Mojca Rep

informative interviews introduces a new investigation measures and also strengthens the role of a victim. Criminal charges will be replaced with final report that Police will be obligated to provide for the Public Prosecutors for their further work. And one of the most dramatic changes: The police will be obligated to collect evidence in favor of the accused at the request of the defense.


The proposed legislation is still in the stage of complementarity so it is dif-ficult to foresee all possible aspects of the changes and the impact of those changes not only on the “current” police work, but for others included as well.

ORIGINALITY/VALUE:

This article is trying to highlight some important differences investigators will have to face due to forthcoming changes in Slovenian legislation, espe-cially on the field of criminal tactics, since the Police is primarily focused to collect evidence against the suspect. Somehow is more likely that mentioned changes will “offer” new opportunities for private detectives.

KEYWORDS:

criminal investigation, criminal procedure law, criminal procedure act, police act, police work, police powers

ABOUT THE AUTHOR:

Mojca Rep, MA in Criminal Justice and Security, Assistant in Criminal Pro-cedure Law at the Faculty for Criminal Justice and Security, University of Maribor, Slovenia. E-mail: [email protected].

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ROUND TABLE

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ROUND TABLE

THE FUTURE OF CRIMINALISTICS/CRIMINAL INVESTIGATION

DISCUSSANTS:

Darko Maver, Bojan Dobovšek, Katja Drobnič and other participants

THE DISCUSSION WILL FOCUS ON QUESTIONS LIKE:

What are the possibilities for further development of criminalistics/criminal investigation as a science and university discipline in Europe? Will specializa-tion of knowledge in regard to criminal investigation and evidence lead to even greater number of independent sciences (forensic science, investigative psy-chology, etc.)? What can we expect from research and development in natu-ral, technical and social sciences that can contribute to more efficient criminal investigation and evidence (for example: nanotechnology, microfluidics, lab-on-a chip, remote sensing and optical technologies, brainfingerprinting, mi-cro-expressions, IT )? What dangers can that possibly cause to human rights? Where should we focus further research projects? How to stimulate exchange of research results among different countries in Europe? How to stimulate po-lice and other criminal justice institutions to finance academic research in the field of criminal investigation and forensic sciences? Etc.


193

A

Ackermann Rolf 24Antinori Arije 79Areh Igor 123Armaković Stevan 71

B

Bernik Darja 90Bernik Igor 85Blagojević Marija 175Bošković Goran 55Bren Matevž 171Bryant Robin 31Bubalović Tadija 67Busarčević Miroslav 65

C

Charney Noah 117

D

Deljkić Irma 141Dobovšek Bojan 39, 79, 92, 115, 154, 191Dobrescu Emilian 129Drobnič Katja 35, 191Dvoršek Anton 59, 135, 139

E

Edelbacher Maximilian 43, 79Eman Katja 112, 154

F

Fenyvesi Csaba 121Forca Bozidar 169Frangež Danijela 59, 135Fritz Maj 110

G

Gadzurić Slobodan 71, 99Giommoni Luca 171Gorunescu Mirela 177

I

Ivanović Aleksandar R. 151

J

Järvet Tanel 181Jevšek Aleksander 57

K

Kabzińska Joanna 131Kamber Krešimir 52Karas Željko 125Keckarević Dušan 65Kolar-Gregorić Tatjana 103 Korajlić Nedžad 163Kotnik Dragica 110Kovačević-Lepojević Marina 165 Kralj Damir 87Kratcoski Peter C. 79Krštenić Jasmina 127

INDEX OF AUTHORS

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194

L

Lalić Velibor 49Lamberger Igor 92

M

Manojlović Dragan 151 Mastnak Matija 39, 79Matijević Mile 184Maver Darko 21, 191Meško Gorazd 27, 85, 112, 154Mijalković Saša 55 Mikulić Mario 103Milidragović Dragan 165Mirska Natalia 41Modly Duško 27Muharremi Driton 163Mujanović Eldan 141

N

Nešić Lazar 65Nicević Muamer 151 Nikač Željko 175Nikoloska Svetlana 157

O

Oklevski Slobodan 101Olteanu Gabriel Ion 129

P

Pavišić Berislav 67Petrin Marija 99Petrović Borislav 141Pikulik Arkadiusz 179

Podunavac-Kuzmanović Sanja 99 Potparič Damjan 139

R

Radmilović Želimir 52, 103Radomirović Aleksandar 65Radosavljević-Stevanović Nataša 71Rep Mojca 137, 187

S

Samardžić Renata 115 Schützel Almuth 24, 107Simić Boban 175Simonović Branislav 43, 184Simonovski Ivica 157Slak Boštjan 61, 92, 115Stolt Frank D. 69

Š

Šepec Miha 144Šetrajčić Jovan 71Šetrajčić Igor 71Šikman Mile 49, 184Škrtić Dražen 87Švegar Mirna 87

T

Tatomir Dragan 169Tičar Bojan 90Topilskaya Elena 149 Trzciński Maciej 74Tăut Ioan Liviu 94

INDEX - 193-.indd 194 8.9.2011 14:05:54

195

V

Veić Petar 67Vuković Slaviša 167

W

Widacki Jan 41Wójcikiewicz Józef 37

Y

Yalyshev Stanislav 29

Z

Zorić Vojkan 71, 99, 169

ŽŽunić-Pavlović Vesna 165

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196

NOTES

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Kriminalistik Libre

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Transcript of Kriminalistik Libre