The use of computer technology in preventing and fighting crime.

Bocaniala, Tache ; Rusu, Ion ; Coman, Varvara Licuta 等

Abstract: In this paper we approached a subject regarding the interconnection of the law with the technique, a subject of great and present interest, the computer investigation of crime. No field has progressed as much, in such a short time, as the computer technology did. This technique was quickly assimilated by the organized criminal groups that operate successfully for their own benefit and it would be inadmissible not to be used by the law enforcement agencies. In this research it is highlighted the need for knowledge and for use by professionals engaged in laborious work of investigation and crime prevention of the latest computer techniques.

Key words: investigation, counterpart, crimes, information, computerization

1. INTRODUCTION

The accelerated progress of science and technology has facilitated the diversification of forms of manifestation of crime, based upon the use of most advanced modes of operation and sometimes leading to an out of the ordinary violence, (Noah Paul, 2007) the offenders from these categories of facts are often very difficult to bring before the court in order to be held responsible.

The current international preoccupations on multidisciplinary training of personnel of law enforcement agencies (intelligence agencies, police, prosecutors, judges, etc.) engaged in combating crime highlight the great importance given to the interconnection between the classical activity of criminal investigation and the evidence resulted from the use of the latest discoveries in science and technology.

The qualified investigation of crime, in order to insure criminal responsibility of those who commit serious offenses cannot be conceived today without the most advanced technology regarding the interception of telephone conversations, electronic surveillance, and computer usage in order to obtain information, evidence for processing data during an investigation. Thus with the computer's help the information are stored and analyzed, under which there are initiated the legal actions necessary to solve the problems generated by breaking the law, revealing information channels, points of contact with information sources, channels for information flow, data processing centers, the decision device control and decision-making mechanisms of their own information and their dissemination to other subsystems.

The computer technology, with its many connections, also offers the possibility of judicial bodies to detect since the early stages any mistakes, dysfunctions and deviations from the rules of criminal procedure and rules of forensic tactics, therefore preventing wrong decisions.

The increase of the number of crimes that need to be investigated tested and trialed will require also in the near future making some decisions which, subsequently might prove not to be based on adequate and accurate information. The remedial solution is in the computerization of investigation, in general, and of forensic investigation in particular resulting in releasing staff of their routine tasks by automating them and saving time for creative activity (Servan-Schreiber, 1990).

However, based on the need to prevent and fight crime more effectively, we should not omit to ensure a fair trial, the convicted person has to have its rights, set by international legal instruments, respected to an acceptable level.

2. THE COMPUTERIZATION OF CRIMINAL INVESTIGATION

The high performance communication between the members of investigation teams, interrogating databases from different areas, monitoring and recording telephone conversations and data transmission, the computerized processing of the traces resulted from the field of crime, obtaining, based on software, robot's portraits of offenders, restoring facial image of people according to some parts of the corpse, and even virtual reconstruction of the mechanism of occurrence of some crimes are today only a small part of the contribution that computerization brings to the investigation of crime.

The usage of computer technology has made possible the collection, processing, organizing, storing, analyzing and accessing in an increasingly short time, almost instantly, a huge amount of information. For this purpose, there have been created various databases (records of persons, vehicles, weapons, the papillary impressions of the prosecuted persons, criminal record, modus-operandi, etc.) by the authorities involved in preventing and fighting crime process.

Along with PC, laptop, PDA equipment (Personal Digital Assistant), it allows today the organization of investigation activities through total interconnectivity (therefore using Bluetooth protocols, WiFi, IrDA and even GSM or CDMA, EDGE or 3G), and also orientation (GPS protocol).

Interceptions and audio or video records are very important means to combat and prevent crime, given the current state of progress of technology, diversification of modes of operation and overcoming the boundaries. These means fall within the norms imposed by the European Convention on Human Rights of the member states in assessing the appropriate for defending tools against crime, respecting certain conditions.

The interception is possible either by implanting a microphone in the machine used in communication or in its vicinity (intrusive surveillance, which implies a direct action on the tool used by the supervised people or in the environment where the call took place) or by intercepting the waves issued in the communication process and their decryption (nonintrusive supervision from the PBX phone line or by direct action on the transfer of message, using portable interceptors means within the range).

The information that can be intercepted--eventually-recorded, regards on the one hand the source or the receiver (phone number used, the identity, type of phone and the identification elements--e.g. IMEI series--the location from which the call was made) and, on the other hand, the call itself and especially its content (date and time of call, duration--the sent message).

Actually, we must mention that the information on corruption or organized crime would be very difficult to check using methods other than the audio and video interception.

A particularly interest regards the problem of online searches on the computer system, as a way of investigating crimes, especially because of the need to identify, establish and preserve evidence in cases that regard different types of acts that are committed using the computer, such as cybercrime--unauthorized entry in the databases, infiltrating viruses or delete databases, files, parallel files, etc., since there is no clear legal framework. The 2003 UN Convention against Corruption and the Criminal Law Convention on Corruption of 1999 provide that the states must adapt their legislation to the special investigative techniques.

3. THE COMPUTERIZATION OF THE CRIMINAL PURSUIT ACTIVITY

In the recent years it was emphasized the usefulness of practical application of some computer programs regarding the major investigation activities that are required in criminal cases. These programs may have as affect the substantial reduction of the failures by the lack immediate reporting of acts which was mandatory according to the law: social investigation in cases involving minors, legal assistance in certain cases, forensic psychiatric cases on acts of aggravated murder, etc.

The investigator, whether prosecutor or police officer, with the help of computer technique can access personal records and study records at the investigators, the legislation and legal practice and the software packages regarding the research on certain categories of offenses (research methodology, legislation and judicial practice afferent to the objectives for the expertise, etc.).

The specialized literature (Comsa, 1993) exemplified the mode of action of the prosecutor in a Western country on the usage of the computer and other connecting appliances, from the moment of the announcement of an offense against life, which requires the prosecutor's investigation.

The usage of computer programs is instantaneous; the prosecutor accesses the program which highlights its team of professionals in different areas, working in that day, starting with the Forensic service and continuing with the available specialists in ballistics, etc.

Simultaneously it establishes the team and then communicates to the clerk these details, and then it accesses another sub-computer program which includes the schedule for that day and the following days. With a touch of the keyboard he reorders the schedule of hearings and meetings, and their activities.

The head unit with its terminal connected to its subordinates can access the program of the homicide prosecutor to inform about its work, instantly gaining all the data displayed on the monitor screen.

Other sub computer programs allow the prosecutor to know the situation of forensic equipment, available technicians, research methodology etc. certain types of crimes. The printer attached to computer can get a copy for use on the spot. After the research on the spot, other sub computer programs give to the prosecutor data on every type of expertise, objective, means of performing etc.

Then the prosecutor can access from its terminal, the police's computerized database for obtaining information on the mode of operation, the criminal record and he can achieve on the computer, according to the obtained information even a robot portrait of the suspect.

Other connections allow the access to data in a short time of the civil status of the suspect and other direct information that will guide him in solving the case.

The ordinances for carrying out surveys are achieved on a computer model, then printed, scanned and then sent electronically or by fax. The computer includes all the performed acts in the file according to the file number.

In this way it is possible to carry out effectively all pleadings, eliminating the bureaucratic paper circuit.

4. CONCLUSION

According to our assessment amid the unprecedented development of transnational crime, the investigation work and its counteraction cannot fail to include the use of computer technology.

Due to the huge volume and variety of work, overwhelmed with the details of current activities and forced to use often enough inaccurate, unsubstantiated information, in some situations, the investigators may make the wrong decisions including the judicial errors.

The technical progress and the passage towards the computerized society draw attention on the impact that the IT will have in the near future in the legal field in general, especially the criminal investigation. Research has highlighted the importance of implementing the latest computer technology in the criminal pursuit activity as a priority for cooperation and international legal assistance in criminal justice matters, it is also included the development of legal informatics, information technology use in fighting crime in general, personal data protection, the counteraction of cybercrime.

This paper is a starting point, that we will expand in future research, which will have as direct effect rendering the need of computer use in crime investigation, continuous preparation of the staff and also the completion of European legislation in connection with the law of each State, on this very sensitive area.

5. REFERENCES

Alain Bauer, Christophe Soullez (2009). Les fichiers de police et de gendarmerie/ The files of police and gendarmerie, Presses Universitaires de France, ISBN 978-2-13-057461-3, Paris

Aurel Comma, Probleme actuale privind cercetarea infractiunilor contra vietii/Current Issues on reasearching crimes against life, Available from: http://www.scribd.com/doc/06738906/carte-decriminalistica.pdf. Accessed: 2011-06-18

Criminal Law Convention on Corruption adopted in Strasbourg on 27 January, 1999

Jean-Jacques Servan-Schreiber, Barbara Cecine (1990). Sfidarea Mondiala/The contempt of the World, Revolutia in cunoastere 1986/Revolution in knowledge 1986, Humanitas, p. 207, ISBN 973-28-0159-X, Bucharest

Noah Paul (2007). Constructing Transjurisdictional Criminal Justice in a 'Global War on Terror'--Guantanamo Bay, 'Extraordinary Renditions', Sovereignty, and Human Rights after 11 September. Available from: http://www.hartwick.edu/prebuilt/POSCPaulThesis07.pdf. Accessed: 2010-08-28

Ovidiu Prdescu, General Considerations about the Special Investigations Techniques Used in National Security Field and those Used in Penal Process, Revista romana de criminalistica/Romanian Journal of Criminalistics, no. 3/2009, p. 123, ISSN 1454-3117

The Treaty of Lisbon, Available from: http://www. consilium.europa.eu/uedocs/cmsUpload/cg00014.ro07.pdf, Accessed: 2011-01-21

***United Nation Convention on Corruption, New York, 31.10.2003, ratified by Law no. 365/2004, published in the Official Monitor no. 903/5.10.2004