Metodology of sex crimes investigation

• Author: Elena Ana Nechita
• Position: Law and Economics Faculty, Social Sciences Department, Agora University of Oradea, Oradea, Romania
• Pages: 102-112

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

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

No. 2 (2012), pp. 102-112

102

METODOLOGY OF SEX CRIMES INVESTIGATION

E. A. Nechita

Elena-Ana Nechita

Law and Economics Faculty, Social Sciences Department,

Agora University of Oradea, Oradea, Romania

*Correspondence: Elena-Ana Nechita, Agora University of Oradea,

8 Piaa Tineretului St., Oradea, Romania,

E-mail: departament@univagora.ro

Abstract

The Romanian Criminal Code, in its special part, regulates sex criminal offences in

Title II, entitled “Crimes Against the Person”, Chapter III entitled “Crimes Regarding Sexual

Life”, Articles 197-204, thus protecting sexual freedom and making sure that this freedom is

not exerted in an abusive manner.

In the case of acts committed which contain the constitutive elements of the criminal

offences mentioned in this chapter of the Criminal Code. The Special Part, it is necessary to

determine the circumstances of the committing of the act, the identity of the participants in

committing the act, the consequences of the act, whether there is a causality link between

their action and the consequence occurred. In order to individualize the fact, other factors

will also be taken into account, such as: the aggravating or mitigating elements and

circumstances of the act, factors that facilitated the committing of the act, legal aggravating

or mitigating circumstances, the manner of and means used in committing the act.

The crime investigation methodology in this chapter involves: crime scene research,

participants’ examination by performing forensic examination, the hearings of the persons

involved, drawing up of the forensic and psychiatric expertise, forensic traceological,

dactyloscopic expertise, biological, chemical, DNA expertise, etc.

Keywords: technique, identification, forensic science.

Introduction

In the “Romanian Criminal Code. The Special Part”, we find sexual-related

criminal offences in Title II, entitled “Crimes Against the Person”, Chapter III entitled

“Crimes Regarding Sexual Life”, structured as follows: Articles: 197 – the criminal offence

of rape, 198 – sexual relations with a minor, 199 – seduction, 200 – abrogated, 201 – sexual

perversion, 202 – sexual corruption, 203 – incest, 203

1

– sexual harassment, 204 – attempt

sanctioning.

For a better understanding of the investigation of such criminal offences, I think it

appropriate to start with a general presentation of the crimes having as their main common

legal object the social relationships regarding a person’s sexual behavior. Of course, through

these offences, other social relationships may also be affected, such as: social relationships

regarding a person’s integrity, their health, optimum family relationships, and optimum

relationships in their work environment, etc., which makes up the secondary legal object.

I. A general presentation of the sex criminal offences provided for in the Romanian

Criminal Code

A. Rape. The criminal offence of rape is provided for in Art. 197 of the Romanian

Criminal Code, having the following legal content: