Criminal liability

刑事责任
  • 文章类型: Journal Article
    自闭症谱系障碍(ASD)是一种神经发育状况,其特征是在沟通模式上存在明显差异,互惠的社会互动,限制,刻板印象,重复的兴趣和活动。ASD中的各种行为问题,当伴随着共存的精神病理学时,有时会导致法律问题。在这项研究中,在2018年至2022年的5年期间,在精神病观察的专业部门中,就ASD的刑事责任提出意见的案件,精神病病例住院并在法医学委员会(CFM)中观察,这是蒂尔基耶的官方专家机构,进行回顾性评估。降低或取消刑事责任的组的平均年龄为22.9岁(±7.52),平均智商为76.63±18.94。这个群体中最常见的犯罪是故意伤害(5/11),值得注意的是,这些罪行的受害者通常是ASD患者的亲属(5/6)。自闭症患者的犯罪行为通常是单一运动,自发的,计划外,冲动行为。此外,尽管高功能ASD(HF-ASD)患者的认知感知没有问题,由于情感意识的缺陷,可能会出现各种法医情况。当我们看看蒂尔基耶的CFM实践时,可以看出,在ASD的诊断明确且可能与犯罪有关的情况下,刑事责任通常被完全消除。在HF-ASD类型中,尽管与犯罪有关很重要,人们看到刑事责任普遍减少。
    Autism spectrum disorder (ASD) is a neurodevelopmental condition characterized by marked differences in communication patterns, reciprocal social interactions, and restricted, stereotyped, and repetitive interests and activities. Various behavioral problems in ASD, more so when accompanied by coexisting psychopathology, can sometimes lead to legal problems. In this study, the cases in which an opinion was requested in terms of criminal responsibility with the diagnosis of ASD in the 5-year period between 2018 and 2022 in the expertise department of psychiatric observation, where psychiatric cases were hospitalized and observed in the Council of Forensic Medicine (CFM), which is the official expert institution in Türkiye, were retrospectively evaluated. The mean age of the group whose criminal responsibility was reduced or removed was 22.9 years (±7.52) and the mean IQ score was 76.63 ± 18.94. The most common crime in this group was intentional injury (5/11), and it is noteworthy that the victims of these crimes were usually relatives of people with ASD (5/6). The criminal acts of people with ASD are usually single-movement, spontaneous, unplanned, impulsive acts. In addition, although there is no problem in cognitive perception in people with high functioning ASD (HF-ASD), various forensic situations may arise due to defects in emotional awareness. When we look at the practices of the CFM in Türkiye, it is seen that in cases where the diagnosis of ASD is clear and can be associated with the crime, criminal responsibility is usually completely eliminated. In HF-ASD types, although it is important to be associated with the crime, it is seen that criminal responsibility is generally reduced.
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  • 文章类型: English Abstract
    这项工作的目的是考虑因不当提供医疗服务而引起的问题,并对医疗机构和医务人员的这些行为承担民事和刑事责任。作者调查了在俄罗斯联邦医疗保健系统的医疗机构中对与不当提供医疗保健有关的违规行为承担责任的问题。俄罗斯立法规定,患者有权投诉医疗服务的不当提供,无论是在向国家医疗机构申请时,还是在医疗保健系统的私人结构中接受医疗护理时。在俄罗斯医疗保健中,因不当提供医疗服务而承担民事和刑事责任的问题已经存在了很长时间,然而,今天它脱颖而出,尽管试图改善这一问题的立法规定。总之,作者得出结论,为了实现高质量的医疗服务,不仅要遵守承包商的要求,通过医疗活动许可和医学专家认证提供,还要建立对医务人员自身活动的要求。因此,如果医疗服务的提供违反了对受试者的要求,并且以不当的方式提供,则应认为医疗服务的提供是不当的,即违反医务人员必须满足的要求。
    The purpose of this work is to consider the problems arising from the improper provision of medical services and bringing to civil and criminal liability for these actions of medical organizations and medical workers. The author investigates the issues of bringing to responsibility for violations related to improper provision of medical care in medical organizations of the healthcare system of the Russian Federation. Russian legislation enshrines the right of a patient to complain about the improper provision of medical services, both when applying to a state medical organization and when receiving medical care in private structures of the healthcare system. The problem of bringing to civil and criminal liability for improper provision of medical care in Russian healthcare has been standing for quite a long time, nevertheless, today it is coming to the fore, despite attempts to improve the legislative regulation of this issue. In conclusion, authors conclude that in order to achieve high-quality medical services, it is necessary not only to comply with the requirements for the contractor, provided by licensing of medical activities and accreditation of medical specialists, but also to establish requirements for the activities of medical workers themselves. Thus, the provision of medical services should be considered improper if they are provided in violation of the requirements imposed on the subject and are provided in an improper way, i.e. in violation of the requirements that must be met by medical workers.
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  • 文章类型: Case Reports
    背景:被控犯有严重罪行的癫痫患者可能会被法院转介进行法医精神病检查,这可能会带来法律挑战。因此,有必要进行详细的检查,以协助法院做出正确的决定。
    方法:我们介绍了一名30岁的突尼斯男性颞叶癫痫患者对治疗反应不足的情况。病人在一系列癫痫发作后试图杀死他的邻居,表现出明显的术后攻击性。拘留后几天重新进行了抗癫痫治疗,三个月后进行了法医精神病学检查。
    结果:关于法医检查,患者的思维过程清晰,没有思维障碍或精神病的证据。医学和精神病学观点都指出,凶杀未遂是由于发作后的精神病。该患者因精神错乱而被判无罪,因此被转移到精神病院接受进一步治疗。结论:此案例报告说明了专家在与癫痫相关的攻击行为后可能会遇到的刑事责任的困难。它强调了突尼斯法律中的一些缺陷,应加以解决,以确保法律程序的公正性。
    Patients with epilepsy who have been charged with a serious offense may be referred by the courts for forensic psychiatric examination. A detailed psychiatric and neurological examination is often necessary to assist the courts in making the right decision, as exemplified in the current case presentation.
    The forensic case of a 30-year-old Tunisian male with temporal epilepsy who exhibited an inadequate response to the treatment is presented here. The patient attempted to kill his neighbor after a cluster of seizures, showing apparent postictal aggression. An antiepileptic treatment was introduced a few days after the person\'s detention and was followed by forensic psychiatric examination, but the latter was not done until three months afterwards.
    On forensic examination, the patient\'s thought processes were clear with no evidence of a thought disorder or psychosis. Both medical and psychiatric opinions stated that the attempted homicide was due to a postictal psychosis. The patient was transferred to a psychiatric facility for further management and was found not guilty by reason of insanity.
    This case illustrates the difficulties that experts may encounter in establishing criminal liability after aggressive behavior associated with epilepsy. It highlights shortcomings in Tunisian law (and promptness of forensic psychiatric examination) that should be addressed to ensure fairness of the legal process.
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  • 文章类型: Journal Article
    The study established that in the Chelyabinsk Oblast remains high percentage of violent deaths because of presence of ethyl alcohol and narcotic substances detected in blood of the perished. The increase of concentration of ethanol in blood of the dead testifies the need for inter-sectorial measures, including toughening of legal responsibility for alcohol and drugs consumption. Actually,there is no regulatory documents of the Russian Federation that fix the issue of both progression of toughening this responsibility depending on concentration of ethyl alcohol in organism of offender and responsibility scale depending on specific drug or other substance.
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    文章类型: Journal Article
    议会最近对临终选择的调查表明,有必要为从事临终护理的卫生从业人员提供法律确定性。一个令人担忧的问题是行动缺乏清晰度,双效学说的地位和应用。这次讨论澄清了这些担忧。尽管该理论在几个海外司法管辖区得到司法认可,在澳大利亚,先例理论意味着它不构成普通法的一部分。在大多数司法管辖区,谋杀的过错因素包括鲁莽,该原则的适用并不能避免违反正统刑法原则确立刑事责任。尽管起诉在适当的医疗过程中偶然导致死亡的医生是罕见的事件,它仍然是一个活的问题。对医生的立法保护,就像在昆士兰州发生的那样,南澳大利亚和西澳大利亚,是实现所寻求的确定性的手段。
    Recent parliamentary inquiries into end-of-life choices identify the need to provide legal certainty for health practitioners working in end-of-life care. A concern identified is the lack of clarity surrounding the operation, status and application of the doctrine of double effect. This discussion clarifies these concerns. Although the doctrine is judicially recognised in several overseas jurisdictions, in Australia the doctrine of precedent means that it does not form part of the common law. In most jurisdictions, the fault element for murder includes recklessness, and application of the doctrine does not avoid criminal liability being established against orthodox criminal law principles. Although the prosecution of a medical practitioner who incidentally causes death in the proper course of medical treatment is a rare event, it remains a live issue. Legislative protection of medical practitioners, as has occurred in Queensland, South Australia and Western Australia, is the means to achieve the certainty sought.
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  • 文章类型: Journal Article
    如果对遭受暴力的人的身心健康产生影响,法律将制裁一切形式的暴力。这一原则也适用于保健设施。如果发生暴力,将启动法律程序,以制裁行为并赔偿受害者。采访GillesDevers,里昂酒吧的律师.
    The law sanctions all forms of violence when there is an impact on the physical and psychological integrity of the person who is subjected to it. This principle also applies in health care facilities. In the event of violence a legal process is launched in order to both sanction the behaviour and compensate the victim. Interview with Gilles Devers, a lawyer at the Lyon bar.
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  • 文章类型: English Abstract
    The forensic psychiatric expertise of homicide perpetrators is a standard practice in criminal justice matters. Its validity relies heavily on the knowledge, professional experience and methodology of forensic psychiatrist experts. In the present interview, Daniel Zagury, an important figure of forensic psychiatric expertise in France, shares his clinical practice. In addition, he describes his experience with homicide perpetrators, particularly with serial killers and Islamic terrorist attackers on French soil. Finally, he addresses the recurring and crucial controversy of criminal responsibility, or the lack of it, in perpetrators.
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  • DOI:
    文章类型: Journal Article
    The article investigates the legal regime of restrictive measures introduced in Russia due to the COVID-19 pandemic and provides statistical data on the spread of the infection. It describes special administrative violations and criminal offences first introduced during the pandemic: violation of therapeutic and epidemiological rules, dissemination of false information, and failure to follow the procedures introduced during the high-alert regime. Judicial and investigative practice is analysed. The most frequent violations of the legislation establishing requirements and restrictions to organisations and individuals during the spread of the new coronavirus infection are identified and issues of classification and differentiation of administrative and criminal liability for violation of sanitary and epidemiological rules and dissemination of false information about COVID-19 are addressed. Judgments by the Russian Supreme Court ensuring a uniform approach to court cases in all Russian regions are analysed.
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  • 文章类型: Journal Article
    The principle of contemporaneity, which means the actus reus and mens rea must coincide, constitutes the backbone of criminal liability. On the contrary, it is sometimes possible for an offender to commit an offence when she or he does not have the culpability required for the committed offence. The offender can create diminished responsibility through the intake of an intoxicating substance negligently or intentionally, even with the purpose of getting rid of the punishment. To punish such an offender, a legal concept has been developed which is termed as voluntary intoxication in the Anglo-Saxon legal system, while it has been called actiones liberae in causa in the Continental Europe. In this review, actiones liberae in causa, the formulation of voluntary intoxication in the Continental European legal system, will be explained in detail and some suggestions will be made for the application of these two concepts.
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  • 文章类型: Case Reports
    In this article, the authors report the case of a man who committed the crime of homicide and was evaluated for criminal liability in a psychiatric expert\'s report. He was diagnosed with delusional disorder and found not guilty. Security measures were applied and he was committed to a high-security psychiatric hospital in Rio de Janeiro, Brazil. This case presents the correct technique to apply the biopsychological criterion, according to the Brazilian Penal Code.
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