The forensic tactics of conducting a search

• Author: Nechita Elena-Ana - Laura Roxana Popoviciu
• Position: PhD Professor, Faculty of Law and Economics, AGORA University, Oradea - PhD Lecturer, Faculty of Law and Economics, AGORA University, Oradea
• Pages: 181-189

THE FORENSIC TACTICS OF CONDUCTING A SEARCH

Elena-Ana Nechita

∗

∗∗

∗

Laura-Roxana Popoviciu

∗

∗∗

∗∗

∗∗

∗

Abstract

The article includes some considerations regarding the search tactics activity, the

provisions of the new Romanian Criminal Procedure Code, adopted through Law no.

135/2010, published in The Official Gazette no. 486 of July 15

th

2010. I have structured the

theme by starting with a classification of searches, followed by the Romanian regulations on

criminal procedure, the preparation of a search, the actual unfolding of the various types of

searches, and ended by presenting the means of recording the search results.

Key words: forensic science, search, tactics

Introduction

Searching is a tactical activity undertaken by the judicial bodies for the purpose of

finding and seizing objects, documents or various valuables that are important to the case

under investigation, as well as uncovering persons that are trying to elude criminal liability,

when the person who was demanded to hand them over denies their existence or ownership

11

.

As a tactical activity, searching is particularly complex and difficult, no other activity

involves intrusion into the most intimate details of personal and family life, the rights of

ownership of buildings, land.

Before deciding to conduct the search, the judicial body should have sufficient data

on the characteristics of the objects, valuables or documents searched for, the features of the

wanted persons, the person who holds them and where they could be. In order to be effective,

it must establish the tactical methods for the actual carrying out of the search, the material

resources needed, the time limits that must be met, the participants, without losing sight of

carrying out the entire activity, from beginning to the end, within the limits prescribed by the

law

2

.

1. Search classification. According to Art. 100 of the Romanian Criminal

Procedure Code, the search may be: search of premises and body search.

In the course of time, in the specialty literature there have been many other search

classifications. These classifications took into account the particularities of the way the

search is conducted, as well as various other criteria, such as:

a) by the place searched: body searches, searches of premises, workplace searches,

searches of premises open to the public

3

;

∗

PhD Professor, Faculty of Law and Economics, AGORA Universit y, Oradea, anaelena2009@yahoo.com

∗∗

PhD Lecturer, Faculty of Law and Economics, AGORA Univer sity, Oradea, lpopoviciu@yahoo.com

1

I. Mircea, Forensic Science, 2

nd

edition, Publishing House Lumina Lex, Buchare st, 2001, p. 298; S.A.

Golunski (editor), Forensic Science, Scientific Publishing House, Bucharest, 1961, p. 301; I. Sima and collab.,

Dictionary of Forensic Science, Scientific and Encyclopaedic P ublishing House, Bucharest, 1984, p. 148.

2

Elena-Ana Nechita, Forensic Science. Fo rensic Technique and Tactics, 2

nd

edition, revised and enlarged,

Publishing House PRO Universitaria, Bucharest, 2009, p. 208.

3

C. Aioaniţoaie, I. Botoc, collectively, Forensic Ta ctics, M.I., S.E.C., Bucharest, 1989, p. 175; I. Mircea,

op.cit., p. 298 ; C. Aioaniţoaie, V. Bercheşan, I. Botoc, in Treatise of Forensic Tactics, 2nd edition, revised and

amended, Publishing House Carpaţi, p. 208.