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Abstract: This article presents how the Romanian authorities handled the first murder case in which the victim's body was not found - so far - but the author of the deed has not made any confession. This case is a landmark for the history of Romanian crime and justice, not only because it presented a novelty or was overly publicized but also because in the absence of a judicial decision it could have led to several crimes in which the corpses were hidden.
Key words: crime, corpse, forensics, legal genetics, court justice, reasonable doubt.
The solutions for sentencing to criminal detention handed down by the courts over time as a result of committing crimes of murder without finding the body but also - very importantly - without the author's confession have given rise, more than any other kind of case, to debates - both in the legal environment and in public opinion - concerning the validity of indirect evidence and the carrying out of attempts to rank direct and indirect evidence by their probative value.
In our country, undeniably the most discussed/analyzed/debated/publicized case in this category was the one concerning the disappearance/death of Elodia Ghinescu.
As a direct participant in the investigation of this case, I will present the case in summary, but with the highlighting of the essential aspects.
Facts:
In short, on the night of 29/30 August 2007 the convicted Cioaca Constantin Cristian killed his wife, Ghinescu Elodia Marilena, after which he desecrated her body in the circumstances described below.
In 18.07.2004, Cioaca Constantin Cristian, a police officer with the Braşov City Police, married victim Ghinescu Elodia Marilena, a lawyer with the Braşov Bar, who was pregnant at the time as a result of the couple's relationship. On 20.12.2004 their son C.P.M. was born.
The difference in social status between the two spouses - the victim Ghinescu Elodia Marilena being the one who, in relation to the success he enjoyed in his professional activity, provided most of the family's income - in conjunction with the age difference between the two, soon led to the emergence of tensions, based on the control exercised on several planes by the victim over the defendant.
Against the background of this tense relationship, the two spouses initiated...