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JOURNAL OF CRIMINAL INVESTIGATION
Volume IX Issue 2/2015
- Journal indexed in EBSCO, SSRN, PROQUEST and INDEX COPERNICUS -
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The Magazine is published with the support of the Police Department from A.I.Cuza Police Academy
Semestrial publication under IPA Romania Address: Bucharest, Şos. Olteniţei, 158 – 160, Sector 4, 041323
Tel. 0213321754, 0213321756 w w w . c i j . r o ; w w w . i p a r o m a n i a . r o / r i c
ISSN 2247 – 9503
Director Prof. COSTICĂ VOICU Ph. D
Scientific Board: MAURICE PETIT Prof. LIGIA NEGIER DORMONT Ph.D "Police College Bruxeles" Université Pantéon, Paris
NORBERT LEITNER PETER LAMPLOT Rector of the Academy of Security Vienna Reader of the Academy of Security Vienna
Prof. ION DOGARU Ph.D Prof. LAZĂR VLĂSCEANU Ph.D Member of the Romanian Academy Bucharest University
Prof. OVIDIU PREDESCU Ph.D Prof. ROMIŢĂ IUCU Ph.D Faculty of Law "Simion Bărnuţiu" Pro-rector of Bucharest University
Prof. TEODOR FRUNZETI Ph.D Prof. GHEORGHE TOMA Ph.D Rector of the National Defense Deputy Rector of the National Intelligence University "Carol I" Academy "Mihai Viteazul"
Prof. GHEORGHE POPA Ph.D Prof. MARIAN PREDA Ph.D Rector of the "A.I.Cuza" Police Academy Bucharest University
Lecturer MIHAELA FLORENTINA PRUNĂ Ph. D Prof. NICOLETA DIACONU Ph.D Dean of the Law Faculty, Romanian-American "A.I.Cuza" Police Academy University of Bucharest
Prof. FLORIN SANDU Ph.D Police Quaestor PETRE TOBĂ Ph.D Lawyer of the Chief of Romanian Police Bucharest Bar Association
Prof. VLAD BARBU Ph.D Prof. IOAN DASCĂLU Ph.D
Prof. ALEXANDRU BOROI Ph.D Prof. VERONICA STOICA Ph.D
Editorial Committee: Chief Editors: Prof. ŞTEFAN EUGEN PRUNĂ Ph.D
Deputy Editor: Assist. Prof. LAURENŢIU CONSTANTIN GIUREA Ph.D Editorial Secretary General: Assist. Prof. MARIUS CEZAR PANTEA Ph.D
Editors: Assist. Prof. Claudiu M. ŢUPULAN Ph.D Prof. Dan V. CAVAROPOL Ph.D Assist. Prof. Gheorghe POPESCU Ph.D Assist. Prof. Sergiu A. VASILE Ph.D Assist. Prof. Nicolae GHINEA Ph.D Assist. Prof. Mara IOAN Ph.D Assist. Prof. Gabriela ȘERBĂNOIU Ph.D Assist. Lecturer Cristian E. ŞTEFAN Ph.D Assist. Lecturer Nicolae GROFU Ph.D Assist. Lecturer Amalia NIŢU Ph.D Assist. Lecturer Ioan C. MIHAI Ph.D Assist. Lecturer Nelu NIŢĂ Ph.D Assist. Lecturer Mihail P. MARCOCI Ph.D Assist. Ligia M. STANCU student Ph.D Assist. Lecturer Cătălin VASILE Ph.D Assit. Lecturer Ionuţ Andrei BARBU Ph.D Assist. Lecturer Adriana C. VOICU Ph.D Assist. Lecturer Marian SECĂREANU Ph.D Dan BUCUR Ph.D
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CONTENTS
I. ANALYSIS, STUDIES, SYNTHESIS LICENSING, MONITORING AND CONTROL OF GAMBLING IN ROMANIA. SPECIFIC ACTIVITIES OF THE NATIONAL OFFICE FOR GAMBLING IN 2015 Associate Professor Marius PANTEA Ph.D Odeta Cristinela NESTOR student Ph.D ............................................................................................. 7 TEACHABLE ASPECTS OF TRANSNATIONAL CORPORATIONS -For students of Economics and for Fraud investigation students- Gabriela Şerbănoiu........................................................................................................................... 17 GENUINE OCCUPATIONAL REQUIREMENTS – EXCEPTION FROM THE PROHIBITION OF DISCRIMINATION. EFFECTIVE REMEDIES – THE SANCTIONATORY SYSTEM IN CASES OF DISCRIMINATION MINIMUM STANDARDS dr. Asztalos Csaba FERENC .............................................................................................................. 23 PARTICULARS OF ADMINISTRATIVE DECISION PhD GABRIEL MOINESCU ................................................................................................................ 31 MEDIATION Alice-Camelia (Potecaru) LAZĂR .......................................................................................................35 ATTRACTIVE TEACHING-LEARNING METHODS Carmen Chervase, Delia Chervase ................................................................................................... 41 THE LANGUAGE OF UNIFORMED FORCES: A COMPARATIVE ANALYSIS Ileana CHERSAN ............................................................................................................................. 50
II. EVOLUTION AND TRENDS OF CRIME UNE BREVE ANALYSE DES SCHEMAS DE BLANCHIMENT D’ARGENT SALE. Lect. univ. dr. Petrică Mihail MARCOCI ............................................................................................ 59 ANALYSIS OF THE NEW FRAMEWORK FOR AMENDING THE PROCUREMENT LEGISLATION PhD. Emanuel Marin NICA ............................................................................................................... 67 STRATEGIC DOCUMENTS DEVELOPED BY THE ROMANIAN STATE TO COORDINATE NATIONAL ACTIONS IN SCHENGEN ACCESION Associate professor phd. Laurenţiu GIUREA ...................................................................................... 71
III. RESEARCH AND CRIME PREVENTION TAX HAVEN AND MONEY LAUNDERING Ph.D Lecturer Petrică Mihail MARCOCI ............................................................................................ 79
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EXTINCTIVE PRESCRIPTION Maduţa GYONGYVER ...................................................................................................................... 87 NEW TRENDS IN CYBER CRIME Associate professor Laurenţiu GIUREA Ph.D .................................................................................... 90
IV. MANAGEMENT OF CRIME INVESTIGATION
TEACHING “LENIENCY OF LAWS” TO POLICE STUDENTS -With special reference to the status of Transnational Corporations- Gabriela Şerbănoiu........................................................................................................................... 97 THE SOCIAL EMBEDDEDNESS OF THE TOPOLYAI SODA-WATER FACTORY IN KISKUNMAJSA Elemér HANKISS............................................................................................................................ 102 TENDANCES RECENTES DANS LE PAYSAGE DE COMMUNICATION DE CRISE Ligia Cristina Maria STANCU ......................................................................................................... 109
V. SCHENGHEN ISSUES THE EUROPEAN UNION REFUGEE CRISIS - A GENERAL DESCRIPTION OF THE PHENOMENON AND ITS IMPLICATIONS ON LONG-TERM ARCHITECTURE OF THE EUROPEAN LEGISLATION - Sergiu Adrian VASILE PhD .............................................................................................................. 119
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I. ANALYSIS, STUDIES, SYNTHESIS
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LICENSING, MONITORING AND CONTROL OF GAMBLING IN ROMANIA. SPECIFIC ACTIVITIES OF THE NATIONAL OFFICE FOR GAMBLING IN 2015
Associate Professor Marius PANTEA Ph.D Police Academy "A.I.Cuza"
Odeta Cristinela NESTOR student Ph.D National Gambling Office
Abstract Since its establishment in April 2013 until the end of 2015, the National Gambling Office in Romania
managed to regulate entire market of gambling in our country, introduced and placed online gambling in the competitive market, imposed taxes dealt with national "gaming industry" and succeeded largely in removing the gaming devices that operated illegally - in the black and gray market.
The achievements in the field are recognized by the European Union partners that recognize that Romanian legislation that regulates traditional and remote gambling is the European level, full and free.
This study brings to you the National Gambling Office activities in 2015, in institutional terms, by its three main areas of competence respectively, licensing, monitoring and control of the national gambling market.
Data and information in this study are provided by the National Office for Gambling.
Keywords: traditional and online gambling, the National Gambling Office, gambling authorizing, gaming control, gambling monitoring.
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TEACHABLE ASPECTS OF TRANSNATIONAL CORPORATIONS -For students of Economics and for Fraud investigation students-
Gabriela Şerbănoiu Police Academy, Bucharest, Romania
Abstract Language teachers might simply have a hidden bias against teaching interdisciplinarity, because the
teaching area is neither black, nor white, it’s that fascinating grey that should be highlighted by professionals only, because deepening a comparative study is much more demanding, but fascinating and equally absorbing, as it asks for a long research work whose outcome ought to be the discovery of common ground of apparently two totally different teaching fields. This paper deals with three levels of perception of the same topic-Transnational Corporations-firstly, my point of view as a philologist approaching the topic in my PhD thesis in an interdisciplinary context with an interdisciplinary evaluation as members of the Board of evaluators were economists and philologists, secondly my students’ point of view, as they belong to different fields of study: fraud investigation and economics.
Keywords: globalization, foreign direct investment, multiculturalism, fraud investigation, English as a lingua franca, mental software
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GENUINE OCCUPATIONAL REQUIREMENTS – EXCEPTION FROM THE PROHIBITION OF DISCRIMINATION
EFFECTIVE REMEDIES – THE SANCTIONATORY SYSTEM IN CASES OF DISCRIMINATION MINIMUM STANDARDS
dr. Asztalos Csaba FERENC
Abstract Starting from the prerequisite that the victim of a discrimination deed is already in a difficult situation,
the evidence produced in the field of non-discrimination, by norms and case-law tend to intervene in order to help him/her, without attempting to burden his/her situation and subject him/her to additional stress. The non-discrimination field has specific peculiarities, reason for which the tools used in this field, including evidence have different specifications from the field of ordinary law.
“Ubi ius ibi remedium„– in case there is a low there must be means of appeal, of remedy. The latin adage expresses the self-standing nature of the right to a personal remedy, which does not depend on the existence of an explicit legal provision for guaranteeting such a right. The right to a personal remedy is a general principle of the law, part of the constitutional tradition of democratic states. Art. 6 of the European Convention on Human Rights enshrines the right to a fair trial and art. 13 of the same Convention stipulates the right to an effective remedy. 1
Keywords: prohibition, discrimination, genuine, requirement, remedies, sanction, enforcement.
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PARTICULARS OF ADMINISTRATIVE DECISION
PhD GABRIEL MOINESCU
Abstract Participation in the public decision making process is determined by the nature of the administrative
decision. The political character of this decision involves policy makers in decision making. Also, the fact that the administrative decision is applied in a social environment in which about acting public administration determines social participation in decision making.
Keywords: decision, legality, opportunity, legislation, public administration, control
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MEDIATION
Alice-Camelia (Potecaru) LAZĂR Şcoala Doctorală OPSN
Academia de politie "A. I. Cuza" consilier juridic
email: [email protected]
Abstract The alternative systems designed to settle litigations outside the courts of law, known as ADR
(Alternative Dispute Resolution) systems, are means employed by people who wish to get involved in the settlement of their own litigations so as to reach an amiable agreement. The main ADR systems encountered in the European Union are mediation and arbitration. These allow the parties to choose the date and location of the arbitration procedure, the examination methods, the litigation settlement form, etc. Arbitration, as a procedure, closely resembles the juridical procedure, in which the parties select one or several physical persons whom the present the case to in order to obtain a binding decision.
Keywords: method, settling, court of law, confidentiality, mediator, attorney, conciliation.
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ATTRACTIVE TEACHING-LEARNING METHODS
Assistant Professor Carmen Chervase, Ph.D, “Alexandru Ioan Cuza” Police Academy,
Bucharest, [email protected]
Delia Chervase, Communication& Image Counselor,
University of Agronomic Sciences and Veterinary Medicine, Bucharest,
Abstract: Based on the researchers’ statement that one of the most significant ways to increase classroom performance is to motivate students to participate in their own learning, we try to underline in this paper the importance of learning about and using a range of teaching strategies, methods and exercises through which teachers can motivate students to learn.
The literature shows that the teachers’ abilities to motivate students are the key to effective learning. The objective of this article is to familiarize teachers with a set of techniques and strategies ("motivational strategies") to motivate students to study foreign languages.
Keywords: Life Skills, Positive Self-Evaluation, Teacher-Student Relationship, Motivational Feedback, Students’ Satisfaction
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THE LANGUAGE OF UNIFORMED FORCES: A COMPARATIVE ANALYSIS
Ileana CHERSAN PhD, Bucharest Police Academy
Abstract: This paper addresses the specialized lexicons of two uniformed forces, namely law enforcement and the military, seen as autonomous language varieties (cf. Gotti 2003; Bidu 2007). The vocabulary is selected from various resources and corpora based on its adherence to acknowledged criteria. Three categories of terms are identified: strictly specialised terms, borderline terms and common language lexemes. These lexical concepts are further described lexically, morphologically, semantically and stylistically, proving that English for law enforcement and the military are fully-fledged ESP varieties. Both common grounds and differences are then identified, categorized and illustrated using a conceptual approach, according to which specialized vocabularies have evolved in close connection with social and historical developments (cf. Hughes 2000). Law Enforcement English and Military English share a significant number of words with similar senses (first aid, casualty, contraband, weapons of mass destruction) as well as words with different meanings (assault, raid, withdrawal, division, covert, ordnance, officer); a third category is represented by terms specific to each conceptual area (law enforcement: handcuffs, truncheon, sting, juvenile delinquency and military: debarkation, foxhole, besiege, airhead). The explanation for this conceptual variety lies in the common institutional roots, which split at one point and then specialized throughout history.
Keywords: language varieties, conceptual fields, semantic specialization
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II. EVOLUTION AND TRENDS OF CRIME
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UNE BREVE ANALYSE DES SCHEMAS DE BLANCHIMENT D’ARGENT SALE.
Lect. univ. dr. Petrică Mihail MARCOCI L’Académie de Police « Alexandru Ioan Cuza »
Résumé Le traité vise à explorer en grandes lignes les plus efficaces moyens d’éviter les frais et les taxes
pour le budget de l'Etat, c’est-à-dire la variété de l’évasion fiscale. Ainsi sont analysés quelques types de blanchiment d’argent y compris la méthode hawala, la fraude concernant la valeur ajoutée fiscale intracommunautaire par la méthode « LE CARROUSEL », le blanchiment de l'argent provenant de l'évasion fiscale, le blanchiment de l'argent sale provenant de la fraude à la carte bancaire et le blanchiment de l'argent sale grâce à la fraude dans le commerce d'un terrain. Comme au sein de la criminalité générale, la criminalité des délits économiques et financiers occupe une place particulière, on doit l’analyser attentivement parce qu’elle a un large impact sur l’entier monde.
Mots cle: Hawala, la crime organise, la bureaucratie, TVA intracommunautaire, la fraude carrousel
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ANALYSIS OF THE NEW FRAMEWORK FOR AMENDING THE PROCUREMENT LEGISLATION
PhD. Emanuel Marin NICA [email protected]
Şcoala doctorală Ordine Publică şi Siguranţă Naţională Academia de Poliţie „Alexandru Ioan Cuza”
Abstract The new Romanian regulation regarding the public procurements cover tenders that are expected to
be worth more than a given threshold. The core principles of these directives are transparency, equal treatment, open competition, and sound procedural management. They are designed to achieve a procurement market that is competitive, open, and well regulated. This is essential for putting public funds to good use.
Keywords: Public procurements, supply contract, administrative proceedings, appeal of procurement proceeding.
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STRATEGIC DOCUMENTS DEVELOPED BY THE ROMANIAN STATE TO COORDINATE NATIONAL ACTIONS IN SCHENGEN ACCESION
Associate professor phd. Laurențiu GIUREA
Abstract Becoming a full member of the European Union, Romania has entered a new stage, which involves
preparing and adopting the necessary measures to eliminate internal border controls in the Schengen Area accession later.
The Schengen acquis includes not only written rules, but accepted standards in common, but unwritten, with reference to the organization and practices with border police services, where border authorities are involved to ensure the effective implementation of the acquis.
As regards the Schengen acquis fields, they relate to border control, visas, migration, asylum, police cooperation, judicial cooperation, fight against drugs, firearms and ammunition, the Schengen information system and personal data protection.
Keywords: Schengen, acquis, border, migration, police cooperation.
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III. RESEARCH AND CRIME PREVENTION
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TAX HAVEN AND MONEY LAUNDERING
Ph.D Lecturer Petrică Mihail MARCOCI Romanian Police Academy Alexandru Ioan Cuza
Abstract Tax haven and money laundering are now some of the most interesing topics of disscusion that have
created a great uproar amoung ordinary citizens. Tax haven can be defined as a place where rich people can double or triple their money without being
expose to taxation system. In this so called “paradise” the manner of which they increase their fortunes is designated money laundering and this has a specific proceeding named tax evasion.
To emphasize the distinction between these two concepts - tax avoidance and tax evision - the legislator has defined them and has stated that first of them is about tricking the law through the gaps left in legislation by the magistrates and the last one involves difficult procedures in which they have well-trained employees and connections to high level, planty residences that help in laundering lots of money, being caught only after the damages had been created.
Keywords: Tax haven, money laundering, tax evasion, tax avoidance, shell companies.
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EXTINCTIVE PRESCRIPTION
Maduța GYONGYVER
Abstract: The extinctive prescription is defined as a legal way by which the right to action in court is terminated
if not exercised by the beneficiary within a term stipulated by the law. The phrase “right to action” is construed by the lawmaker as the right of a natural or legal person to force another legal or natural person, using the force of the state, to render a certain service or obligation such as: to give, make or not, meaning to observe a certain legal obligation and to bear, as consequence, a civil punishment.
Keywords: extinctive prescription, prescriptible, imprescriptibility
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NEW TRENDS IN CYBER CRIME
Associate professor Laurențiu GIUREA Ph.D
Abstract The new technology offers means much more complex and modern disseminate large amounts of
information at a very cheap price in an anonymously and without consequences (at least apparently). Connectivity offers access to a lot of resources, fast and efficient, but it allows an access route where
attackers can surpass authentication systems designed to protect computer systems. Both forces and judicial experts agree that computer cybercrimes and their severity are increasing,
even if there are no official statistics, complete and accurate confirming this.
Keywords: cybercrime, theft, hoax, spyware, fraud, identity, data.
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IV. MANAGEMENT OF CRIME INVESTIGATION
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TEACHING “LENIENCY OF LAWS” TO POLICE STUDENTS -With special reference to the status of Transnational Corporations-
Gabriela Şerbănoiu Police Academy, Bucharest, Romania
Abstract Language teachers might simply have a hidden bias against teaching interdisciplinarity, because the
teaching area is neither black, nor white, it’s that fascinating grey that should be highlighted by professionals only, because deepening a comparative study is much more demanding, but fascinating and equally absorbing, as it asks for a long research work whose outcome ought to be the discovery of common ground of apparently two totally different teaching fields. This paper deals with two levels of perception of the same topic-Laxity of laws with reference to Transnational Corporations-firstly, my point of view as a philologist approaching the topic in my PhD thesis in an interdisciplinary context with an interdisciplinary evaluation as members of the Board of evaluators were economists and philologists, secondly my police students’ point of view, as they belong to different fields of study: fraud investigation, law, combating organized crime etc.
Keywords: globalization, tamable transnational corporations, multiculturalism, fraud investigation, English as a lingua franca, laxity of laws.
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THE SOCIAL EMBEDDEDNESS OF THE TOPOLYAI SODA-WATER FACTORY IN KISKUNMAJSA1
Elemér HANKISS
ʺThe society in which we live limits the scope of roles
a person might play.ʺ2
Abstract: The present paper focuses on how the Topolyai soda-water factory emerged and evolved as an
official establishment. with a special emphasis on its structure, its role in community. During the analysis both micro and macro level approaches are used, uniting the local reality with the global horizon.
Keywords: soda-water factory, behavior, structure, community, interactions, patterns.
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TENDANCES RECENTES DANS LE PAYSAGE DE COMMUNICATION DE CRISE
Asist. univ. dr. Ligia Cristina Maria STANCU Académie de Police „Alexandru Ioan Cuza”
Abstract: The complexity of the contemporary society and the multitude of factors daily affecting human relations have generated and will still generate conflicts which, under specific conditions, rapidly escalate into a crisis situation. Crisis, be it economic, social or institutional, has become a current state of being, while the phrase „crisis situation” has entered the common vocabulary of institution leaders, reporters and the general public.
Key words: communication, crisis, public relations, mass-media, organization
Motto: „Les hommes n'acceptent le changement que dans la nécessité et ils ne voient la nécessité que dans la crise”. Jean Monnet1
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V. SCHENGHEN ISSUES
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THE EUROPEAN UNION REFUGEE CRISIS - A GENERAL DESCRIPTION OF THE PHENOMENON AND ITS IMPLICATIONS ON LONG-TERM
ARCHITECTURE OF THE EUROPEAN LEGISLATION
Sergiu Adrian VASILE PhD Police Commissioner, Associate Professor
„Alexandru Ioan Cuza” Police Academy - Bucharest [email protected]
Abstract: The violent conflicts in Syria and Iraq or instability and poverty in parts of Africa have forced millions of women, men and children to flee their homeland in search of protection and a decent life, including to the European Union1. Since the end of World War II, the European Union is facing the largest refugee crisis. The current situation has to be seen in a broader context of violent conflict and destabilisation in other parts of the world. It is a crisis of unprecedented magnitude that largely originates from conflicts and persecutions in Europe’s wider neighbourhood.
Keywords: migrants, refugees, crisis, European Union, asylum, readmission, mechanisms.
“Simple solutions won't work (a.n. regarding European refugee crisis),
but an acceptable resolution that seriously considers both compassion and security is urgently required.”2