scholarly journals Νευροεπιστήμες και ποινικό δίκαιο: υποσχέσεις και περιορισμοί σχετικά με την εκτίμηση της ικανότητας για καταλογισμό

Bioethica ◽  
2016 ◽  
Vol 2 (2) ◽  
pp. 19
Author(s):  
Γεωργία-Μάρθα Γκότση (Georgia-Martha Gkotsi)
Keyword(s):  
Brain Research ◽  
Criminal Responsibility ◽  
Scientific Data ◽  
Legal Responsibility ◽  
Criminal Cases ◽  
Criminal Trials ◽  
Political Factors ◽  
Legal Proceedings ◽  
Legal Implications ◽  
The Impact

In recent years, an explosion of interest in neuroscience has led to the development of "Neuro-law," a new multidisciplinary field of knowledge whose aim is to examine the impact and role of neuroscientific findings in legal proceedings. Neuroscientific evidence is increasingly being used in US and European courts in criminal trials, as part of psychiatric testimony, nourishing the debate about the legal implications of brain research in psychiatric-legal settings.In this paper, we aim to examine the impact of Neuroscientific evidence in the assessment of criminal responsibility. We start with a brief historical survey of the relation between brain sciences and criminal law. We then present two criminal cases in the context of which neuroimaging techniques were introduced as evidence of diminished responsibility or irresponsibility and continue with a presentation of some significant limitations and difficulties that neuroscience faces in the assessment of penal responsibility. These limitations are scientific, legal but also of philosophical and conceptual nature.We conclude that addressing moral or legal responsibility might depend on scientific data, but requires entry to very different conceptual domains. The legal system cannot delegate to another field, scientific or otherwise, the ascription of legal meaning. Neuroscientific data, however accurate and reliable they may become in the future, cannot contribute to the assessment of criminal responsibility, unless they are contextualised and completed -or even confronted- with data collected on other levels of analysis, in particular on a psychological, anamnestic, sociological and economic level. Neurosciences, as sciences, can offer functioning and biological models of behaviours, while the assignment of responsibility is a normative issue. Although neuroscientific evidence can provide assistance in the evaluation of penal responsibility by introducing new determinisms in the behavioural analysis of offenders with mental disturbances, it does not dispense with the need to define the limits of responsibility and irresponsibility of the accused. This analysis, while it needs to take account of social, moral and political factors - in addition to elements contributed by experts - ultimately belongs to the legal sphere.

Psychiatric Evaluation in Chinese Criminal Proceedings:A Legal Perspective

2021 ◽  
Vol 26 (1) ◽  
pp. 81-99
Author(s):  
Zhiyuan Guo
Keyword(s):  
Expert Opinion ◽  
Criminal Responsibility ◽  
Civil Law ◽  
Psychiatric Evaluation ◽  
Expert Witnesses ◽  
Criminal Cases ◽  
Criminal Trials ◽  
High Profile ◽  
Legal Perspective ◽  
Shed Light

Psychiatric evaluation is widely used in criminal cases to screen people with mental disorder because insanity can either exempt the offender from criminal responsibility or mitigate his/her criminal punishment. The operation of psychiatric evaluation in China used to carry a typical characteristic of civil law tradition, but recent reforms have strengthened the procedural safeguards for psychiatric evaluation and stressed the requirement of its presentation and examination in criminal trials. This article will explore how psychiatric evaluation is conducted, and how the expert opinion is presented and examined as evidence in criminal trials in China. Part I will give a historical overview of psychiatric evaluation in China's criminal cases. Part II will introduce the current legislation on psychiatric evaluation in China. Part III will explore problems with current legislation and practice. In this part, high-profile cases will be cited to illustrate loopholes in the psychiatric evaluation law and practical problems with the operation of evaluation. Potential solutions to these loopholes or problems will also be explored. Part IV will focus on the presentation and examination of psychiatrists’ expert opinion in criminal trials. Although expert witnesses are also required to testify before the court in China, very few of them take the stand in practice. This part will discuss why reforms kept failing and what should be done to bring expert witnesses to court. Psychiatrists are important expert witnesses; the discussion of live psychiatrists will shed light on the appearance of all the expert witnesses in Chinese criminal trials.

scholarly journals Contamination in COVID-19 sample - the elaboration between medical and legal impact

2021 ◽  
Vol 8 (10) ◽  
pp. 1611
Author(s):  
Yohanes Firmansyah ◽  
Ernawati . ◽  
Darren Gosal ◽  
Imam Haryanto ◽  
Hendsun .
Keyword(s):  
Health Workers ◽  
Human Life ◽  
Nucleic Acid Amplification ◽  
Legal Responsibility ◽  
Molecular Testing ◽  
Medical Problems ◽  
Secondary Sources ◽  
Legal Implications ◽  
The Government ◽  
The Impact

The impact of COVID-19 is enormous on various aspects of human life around the world, especially in the health system. The gold standard used to detect COVID-19 is nucleic acid amplification-based molecular testing. The fact in the field showed that this testing is prone to contamination, leading to misinterpretation and diagnosis. This error has the potential to have further legal implications. This study was a case report using a juridical-normative approach from various primary and secondary sources. A 26-year-old man has tested positive for COVID-19. After further investigation, it was found that there was a diagnosis error due to the contamination of the testing sample in the laboratory where the sample was examined. The contamination that occurs is not only the fault of health workers but is a series of impacts from problems in hospital regulations, the government, and the community's components. This incident affects legal responsibility for health workers and medical consequences on the community. COVID-19 infection is not only closely related to medical problems but also closely related to social and legal issues. Whoever, especially health workers, will receive legal and social impacts other than hospitals, the government and the community from this incident.

scholarly journals PUBLIC PROSECUTOR'S SUPERVISION OVER PRELIMINARY INVESTIGATION ACTIVITIES FOR CRIME HARM COMPENSATION

2017 ◽  
Vol 21 (1) ◽  
pp. 163-170
Author(s):  
D. A. Ivanov
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Negative Impact ◽  
Preliminary Investigation ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Procedure Code ◽  
Additional Investigation ◽  
The Russian Federation

This article is devoted to entity reviewing and main directions of public prosecutor's supervision over activities of preliminary investigation officials for harm compensation caused by a crime during pre-judicial criminal cases. According to the author of this article one of the directions to support rights and legitimate people interests is to give property and physical harm compensation, moral harm compensation and business reputation compensation. This direction of preliminary investigation department activities is at least important than involvement of guilty persons to criminal responsibility for the purpose of recompense assignment. Role of an investigative authority chief, chief of inquiry subdivision, investigator, interrogator and employees of inquiry department in implementation of current legislation provisions regulating harm compensation, caused by a crime during pre-judicial criminal cases is described. The author shows examples of criminal cases which were sent by the prosecutor to additional investigation according to i.2 p.1 of Art. 221 of the Criminal Procedure Code of the Russian Federation. These cases were sent to additional investigation because of inadequate work of above-stated participants of criminal legal proceedings on ensuring harm compensation caused by penal act. The author describes some reasons which have negative impact on public prosecutor's supervision over criminal legal proceeding activities of participants for ensuring harm compensation caused by a crime. Conclusion shows that now public prosecutor's supervision over preliminary investigation activities is up to date. It has a great demand for creation of legal guarantees. These guarantees are very important for those who are the victims of criminal actions and they have all the rights for full-fledged harm compensation. Public prosecutor's supervision is an important feature for procedural prosecutors. It is directed to violation prevention in activities of preliminary investigation and inquiry departments for harm compensation caused by penal acts.

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

ON THE CLASSIFICATION OF DIGITAL TECHNOLOGIES IN CIVIL PROCESS

2019 ◽  
pp. 27-35
Author(s):  
Alexandr Neznamov
Keyword(s):  
Information Processing ◽  
Scientific Community ◽  
Digital Technologies ◽  
Significant Feature ◽  
Legal Proceedings ◽  
Civil Process ◽  
Civil Proceedings ◽  
Processing Information ◽  
The Impact

Digital technologies are no longer the future but are the present of civil proceedings. That is why any research in this direction seems to be relevant. At the same time, some of the fundamental problems remain unattended by the scientific community. One of these problems is the problem of classification of digital technologies in civil proceedings. On the basis of instrumental and genetic approaches to the understanding of digital technologies, it is concluded that their most significant feature is the ability to mediate the interaction of participants in legal proceedings with information; their differentiating feature is the function performed by a particular technology in the interaction with information. On this basis, it is proposed to distinguish the following groups of digital technologies in civil proceedings: a) technologies of recording, storing and displaying (reproducing) information, b) technologies of transferring information, c) technologies of processing information. A brief description is given to each of the groups. Presented classification could serve as a basis for a more systematic discussion of the impact of digital technologies on the essence of civil proceedings. Particularly, it is pointed out that issues of recording, storing, reproducing and transferring information are traditionally more «technological» for civil process, while issues of information processing are more conceptual.

SOME MEASURES OF LEGAL RESPONSIBILITY FOR CORRUPTION OFFENSES IN THE LAW OF THE MOSCOW STATE OF THE XV-XVI CENTURIES

2020 ◽  
pp. 67-71
Author(s):  
Любовь Евгеньевна Логунова
Keyword(s):  
Corporal Punishment ◽  
Criminal Responsibility ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Historical Period ◽  
Legal Interpretation ◽  
Present Stage ◽  
Legal Documents ◽  
Time Period ◽  
Russian Law

В статье автором проводится анализ законодательных памятников права Московского государства XV-XVI вв. и публично-правовых грамот. Выявляется проблема отсутствия законодательного закрепления таких понятий, как «коррупция», «коррупционное правонарушение». Предпринимается попытка определения данных понятий. Сравнивается понимание указанных явлений в XV-XVI вв. с современной правовой интерпретацией. Анализируются и раскрываются основные аспекты и особенности коррупционных правонарушений, характерные для периода Московского государства. Перечисляются меры противодействия коррупции на современном этапе и в рассматриваемом временном периоде. Изучаются не только такие известные памятники российского права, как судебники, но также и иные источники права периода XV-XVI вв. Перечисляются и раскрываются меры юридической ответственности за совершение коррупционных правонарушений. Дается краткая характеристика видам юридической ответственности, применяемым за совершение коррупционных правонарушений. Подчеркивается тяжесть уголовной ответственности, которую несли низшие судебные чиновники за совершение коррупционных правонарушений. Автор обращает внимание на то, что законодатель рассматриваемого периода придавал большое значение борьбе с чиновничьим произволом на местах. В ходе исследования автор приходит к выводу о том, что расширение видов мер юридической ответственности за коррупционные правонарушения, назначение тяжких телесных наказаний за совершение такого рода деяний не привело к искоренению коррупции в рассматриваемом историческом периоде. In the article, the author analyzes the legal monuments of the Moscow state of the XV-XVI centuries and public legal documents. The problem of the lack of legislative consolidation of such concepts as «corruption», «corruption offense» is revealed. An attempt is made to define these concepts. The understanding of these phenomena in the XV-XVI centuries is compared with the modern legal interpretation. The main aspects and features of corruption offenses typical for the period of the Moscow state are analyzed and disclosed. Measures to counteract corruption at the present stage and in the considered time period are listed. We study not only such well-known monuments of Russian law as sudebniki, but also other sources of law from the XV-XVI centuries the measures of legal responsibility for committing corruption offenses are Listed and disclosed. A brief description of the types of legal liability applied for corruption offenses is given. The author emphasizes the severity of the criminal responsibility that was borne by lower judicial officials for committing corruption offenses. The author draws attention to the importance that the legislator of the period under review attached to the fight against official arbitrariness on the ground. In the course of the study, the author comes to the conclusion that the expansion of the types of measures of legal responsibility for corruption offenses, the appointment of heavy corporal punishment for committing such acts did not lead to the eradication of corruption in the considered historical period.

Change in Service Provision Networks: The Case of Animal Welfare Services

2021 ◽  
pp. 0160323X2110092
Author(s):  
Laura A. Reese ◽  
Xiaomeng Li
Keyword(s):  
Service Provision ◽  
Survey Design ◽  
Participant Observation ◽  
Local Level ◽  
Major Change ◽  
Network Evolution ◽  
Political Factors ◽  
Before And After ◽  
Organizational Ties ◽  
The Impact

This research focuses on change within informal service provision networks, specifically examining the impact that changes within a key organization can have on the larger network. Employing a before and after survey design with a treatment at the midpoint and participant observation, it asks: What is the impact of a major change within one organization on the larger external network? What is the nature of the organizational ties? and, How do political factors exogenous to the network impact the network evolution process? The findings suggest that internal change within a focal actor can have ripple effects throughout the network increasing density. Public service provision at the local level can be enhanced through an increase in partnerships between the public and nonprofit sectors. However, network evolution can be limited by the larger political environment and lack of a coordinating role on the part of local government.

Public Sector Employment, Quality of Government, and Well-Being: A Global Analysis

2021 ◽  
pp. 223386592110117
Author(s):  
Robert Davidson ◽  
Alexander Pacek ◽  
Benjamin Radcliff
Keyword(s):  
Public Sector ◽  
Global Analysis ◽  
Well Being ◽  
Subjective Well Being ◽  
Cross Sectional ◽  
Political Factors ◽  
The Public ◽  
Employment Quality ◽  
The Impact

While a growing literature within the study of subjective well-being demonstrates the impact of socio-political factors on subjective well-being, scholars have conspicuously failed to consider the role of the size and scope of government as determinants of well-being. Where such studies exist, the focus is largely on the advanced industrial democracies of the Organization for Economic Co-Operation and Development. In this study, we examine the size of the public sector as a determinant of cross-national variation in life satisfaction across a worldwide sample. Our findings strongly suggest that as the public sector grows, subjective well-being increases as well, conditional on the extent of quality of government. Using cross-sectional data on 84 countries, we show this relationship has an independent and separable impact from other economic and political factors.

The impact of stigma and discrimination on the quality of life and social disability in persons with a diagnosis of mental disorder. A pilot study

2017 ◽  
Vol 41 (S1) ◽  
pp. S571-S571
Author(s):  
T.M. Gondek ◽  
K. Kotowicz ◽  
A. Kiejna
Keyword(s):  
Quality Of Life ◽  
Pilot Study ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Public Information ◽  
Scientific Data ◽  
Social Disability ◽  
Stigma And Discrimination ◽  
The Impact

Stigma and discrimination of persons diagnosed with mental disorder is a common issue. In many European countries, research studies on the prevalence and implications of this problem are conducted in order to better understand how to overcome it. In Poland, there is a scarcity of such studies, what results in neglecting this issue by the policy makers. The objective of the study is to assess the prevalence of stigma and discrimination affecting the patients hospitalized in psychiatric day units and in-patient wards between 2016–2017 as well as to analyze the relationship between the stigma and the quality of life and social disability in persons with a mental disorder diagnosis of F20–F48 according to ICD-10, aged 18–65, in a day ward and an in-patient ward settings. The pilot study presents the data gathered from a preliminary sample of 20 patients of both genders diagnosed with the aforementioned mental disorders, equaling 10 per cent of the targeted total study sample. The quality of life is assessed with WHOQOL-Bref, WHO-5 questionnaire and Rosenberg self-esteem scale, while social disability is measured with the second version of the Groningen Social Disabilities Schedule. The assessment of the impact of stigma on the social disability of persons with mental disorders and their quality of life can be useful in the context of developing evidence-based interventions for these persons, while it could also provide the scientific data to support public information campaigns aiming at tackling the stigma against persons with mental disorders in Poland.Disclosure of InterestThe authors have not supplied their declaration of competing interest.

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