Errors in Establishing the Mechanism 
of Committing a Crime of Murder Cover Image

Erori în stabilirea mecanismului de comitere a unei infracțiuni de omor
Errors in Establishing the Mechanism of Committing a Crime of Murder

Author(s): Tiberiu Medeanu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: crime of murder; mechanism of production; injurious object; shooting; errors;

Summary/Abstract: The body of a 27-year old woman was found in a forest, 26 days after the date of disappearance. It was packed in garbage bags and showed signs of advanced decay.In this case, several versions were formulated and a lot of evidence was administered, including the analysis of the suspects’ telephone traffic.In the crime scene investigation report it was recorded that a lesion located in the forehead area was found, lesion which might have been caused by a hard object with the edge of approx. 3-4 cm; lack of cranial bone was discovered in that area. The same mechanism and injurious object was recorded in the forensic necropsy report, in the indictment and in the sentence.It was found that the crime was committed by the victim's brother and a friend, in order to rob the victim, in an apartment. The defendants argued that she was shot in the head by two other persons and that they were threatened to be killed if they did not conceal the body.The version according to which the victim was shot by the defendants or by the persons mentioned by them was not sufficiently analysed and a pluridisciplinary investigation of the injury was not conducted. This version may be plausible, given the conformation of the injury, the location of the lesions, the surrounding traces and the traces of blood on the hallway walls.The motive that the crime was committed for robbery does not subsist because the victim did not carry with her the 123,000 $ she had come into the country with and jewellery was found on the victim's neck and hands.The conclusion regarding the existence of an alcohol concentration of 2.60 gr.%0 presumably caused by injecting alcohol into the thoracic region is also questionable.

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 48-53
  • Page Count: 7
  • Language: Romanian