Consideration on the development of judicial expertise prior to 1st of december 1918

• Author: Elena-Ana Iancu - Marin Lazau
• Position: Alexandru Ioan Cuza Police Academy, Doctoral School of Law, Bucharest, Romania - 'Alexandru Ioan Cuza' Police Academy, Doctoral School of Law, Bucharest, Romania
• Pages: 25-29

AGORA Internation al Journal o f Juridical Sciences , http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2018), pp. 25-29

25

CONSIDERATION ON THE DEVELOPMENT OF JUDICIAL EXPERTISE PRIOR

TO 1st OF DECEMBER 1918

E.-A. IANCU, M. LĂZĂU

Elena-Ana IANCU

Alexandru Ioan Cuza Police Academy, Doctoral School of Law, Bucharest, Romania

Faculty of Juridical and Administrative Sciences, Agora University of Oradea, Romania

*Correspondence: Elena-Ana Iancu, Agora University of Oradea, 8 Piaţa Tineretului St.,

Oradea, Romania

E-mail: anaelena2009@yahoo.com

Marin LĂZĂU PhD Candidate

“Alexandru Ioan Cuza” Police Academy, Doctoral School of Law, Bucharest, Romania

Ministry of National Defense

E-mail: armyylaw@gmail.com

ABSTRACT:

We will approach the history of expertise, in the contex t of the event of 1 st December

1918, by setting forth a few considerations, with particular reference to data which appear to

have this specific significance.

KEYWORDS: history, expertise, justice, 1st of December 1918

I. CONSIDERATIONS REGARDING THE DEVELOPMENT OF JUDICIAL

EXPERTISE WORLDWIDE

Throughout the history of evidentiary systems, the orders to perform expertise and the

performance thereof have evolved together and, depending on the historical stages covered, the

appearance, maintenance or disappearance of some of its forms followed a certain dynamics.

Some attempts to introduce scientific data in the activity of investigation of criminal

acts have been known since ancient times.

One of the oldest methods of document investigation ever mentioned was the

comparison of written documents. With regard to this method, a law dating back to the times

of Roman Emperor Constantine, issued around year 300 A.D., contained a special section on

forgery, in which, among the methods listed for the investigation of documents, there is data

on the examination of documents through comparative methods, whereas, in the medieval

period, all authors, when given the opportunity, write about how the signature of King

Charles IX of France was forged. However, these methods were used in an isolated manner,

without being enshrined as stand-alone rules1.

In China, the first forensic medicine treatise was written in year 1248, entitled the Hei

Yuan Lu Treatise, which contains memorable instructions regarding the investigation of

corpses, the variety and complexity of wounds individualized depending on the object used in

order to commit the deed. Also, a difference was made between death by drowning and death

due to other causes.

1 M ihuleac Emil, Expert iza judiciară (Judici al Expertise) , Editura Ştiinţifică (Scientific Publishing Hou se),

Bucharest , 1971, p. 93 and foll.