余罪自首成立要件解析

成立余罪自首的主体为被采取强制措施的犯罪嫌疑人、被告人和正在服刑的罪犯。认定余罪自首的重点不在于犯罪人是否被剥夺了人身自由 ,而在于交代的是否是“余罪”。余罪自首成立的客观要件为“如实供述司法机关还未掌握的本人其他罪行” ,无论该罪行与司法机关已掌握的或判决确定的罪行属同种还是异种 ,只要其可以单独构成犯罪 ,就应认定为自首。     

论保外就医期间犯新罪的侦查羁押问题

保外就医是出于人道主义考虑，对重病犯人采取的一种特殊服刑方式，其对象一般是患疾病，难以在监狱里生活，随时有生命危险或行动不便的人。保外就医服刑犯在监狱外重新犯罪，愿数罪并罚。但在法律的执行过程中，法律法规在对此类犯罪嫌疑人开展侦查和收押方面的模糊性给该类案件的处理带来一定阻力。本文结合实例，针对保外就医犯人监外服刑期间犯新罪侦查收押实践中的疑难进行分析，力求发现问题的症结，并提出相应的对策建议．     

Forensic medical examination in cases of sexual abuse

The article presents the analysis of forensic medical expert practice in the field of sexual abuse. Drawbacks in expert examinations, official decisions on such examinations, low expertise of forensic medical personnel in sexual crime, lack of tools for genital and anal examination are analysed and methods of correction of this situation are proposed.     

论人格在定罪中的运用

刑法上的人格特指行为人对刑法所保护价值的对立态度,它是认定犯罪的内在根据。在人格影响定罪问题上,现有的"否定论"、"出罪论"和"法定论"观点都难以给出合理解释。外部行为是人格的现实化,除涉案行为外,人格的载体还包括案前和案后的表现。行为人的对立人格必须达到一定程度,是一切犯罪成立所必需具备的条件。当涉案行为处于立案标准的边缘时,案前、案后表现等情节就可能使得对行为人的整体人格态度评价发生质的变化,从而发挥人格在出、入罪方面的双向功能。要保障人格的此种功能得到有效落实,除了要扩大法官的自由裁量权外,还应当设立一定的限权机制。     

Development of forensic medical expertise of sexual conditions in men

The necessity of new methodological approaches in forensic medical examination of sexual male conditions are discussed basing on the analysis of questionnaire surveys of isolated groups of men and forensic medical examinations of male victims accused of sexual crimes. How to update expertise of sexual male conditions including investigations of anorectal and erectile dysfunctions in shown.     

25例医疗纠纷的法医临床学鉴定回顾性分析

目的探讨医疗纠纷的法医临床学鉴定及其相关问题。方法对25例医疗纠纷案例资料进行了回顾性整理分析。结果医疗失误16例,其中有不良后果的10例,均发生于手术科室;无医疗失误9例。结论医疗纠纷法医学鉴定过程中认定医疗失误是基础,认定医疗失误与不良后果的关系是关键。     

Decision Making in Delinquency Cases: The Role of Race and Juveniles' Admission/Denial of the Crime

Investigated how accused delinquents' admission/denial of their crimes affected adjudication and disposition decisions. An archival analysis of 2,043 adjudication decisions in 16 Georgia counties found that juveniles who admitted committing their crimes were treated more severely than juveniles who denied committing their crimes. Whites were more likely than Blacks to admit committing the crime, and, after controlling for this and other legal factors, race did not have a significant effect. In the second study, 67 judges, 53 probation officers, and 126 court service workers made adjudication and disposition decisions about three juveniles in an experimental simulation in which race of juvenile, length of prior record, and the juvenile's reaction to the crime (admitting or denying it) were systematically manipulated. Consistent with the archival study, juveniles who admitted committing their offense were treated more severely than juveniles who denied committing their offense. Possible reasons are discussed for why admitting a crime leads to more punishment.     

论鉴定留置的若干法律问题

鉴定留置指为鉴定被告心神或者身体状态，而将被告送入医院或者其他适当处所之处分。鉴定留置的存在是与法医学的发展休戚相关。从某种意义上讲，现代去医学发展的不成熟是鉴定留置制度存活的土壤。鉴定留置应定性为一种依附性行为。即依附于强制鉴定，其本身属于调查程序。而非强制处分。鉴定留置属于强制鉴定延伸的自然结果．而强制鉴定将在一定程度上限制被告人的行动自由。应当接受司法审查。强制鉴定作为一种独立的强制措施．对自由的侵犯程度不可与羁押同日而语，甚至其结果可能减轻或者免除被告人的刑事责任。因此在司去审查控制下的鉴定留置期间不应当计入羁押期间。     

Shrunken head (tsantsa): A complete forensic analysis procedure

Based on the analysis of shrunken heads referred to our forensic laboratory for anthropological expertise, and data from both anthropological and medical literature, we propose a complete forensic procedure for the analysis of such pieces. A list of 14 original morphological criteria has been developed, based on the global aspect, color, physical deformation, anatomical details, and eventual associated material (wood, vegetal fibers, sand, charcoals, etc.). Such criteria have been tested on a control sample of 20 tsantsa (i.e. shrunken heads from the Jivaro or Shuar tribes of South America). Further complementary analyses are described such as CT-scan and microscopic examination. Such expertise is more and more asked to forensic anthropologists and practitioners in a context of global repatriation of human artifacts to native communities.     

Peculiar approaches to the estimation of the severity of harm to health in children with non-fatal injuries

The medico-legal estimation of non-fatal injuries in the children and adolescents is presented. The data obtained have been used to develop and substantiate the algorithm of forensic medical expertise of such injuries. Scientifically sound criteria have been proposed to be used for the purpose of expert estimation of the severity of harm to health associated with non-fatal injuries taking into consideration their clinical manifestations. The procedures of forensic medical expertise for the estimation of the harm to health have been analysed with special reference to non-fatal injuries in children and adolescents. Main attention was given to the accompanying strategic, organizational, and methodological errors. The approaches to their prevention and correction are described.     

试论法医学鉴定和医学鉴定之差异

随着司法鉴定制度改革的不断深入,越来越多的临床医学从业人员加入到法医学鉴定的队伍中来。在这种大趋势下,一个极易形成的误区就是把医学鉴定与法医学鉴定混淆起来。事实上,两者虽然在许多方面有相似之处,但毕竞有本质的不同。医学鉴定重视的是损伤本身,而法医学鉴定则是在医学鉴定基础之上,从法律规定的角度为损伤定性。因此,要求我们的法医学鉴定人既要重视医学知识的培训和提高,也要学习法律知识和法医学知识,才能更好地完成司法鉴定工作。     

Turf wars: authority and responsibility for the investigation of mass graves

Mass graves are complex products of large-scale crimes. Such scenes pose four conceptual challenges to investigators and forensic experts: the individual victim, the crime, the setting, and the statistical. Exhumation and post-mortem examination of mortal remains with associated personal and forensic evidence require integrated management of core forensic personnel including investigators, archaeologists, anthropologists, odontologists and pathologists, among whom there is overlapping expertise. The key to avoiding competition and ill-will among experts is to recognize that all such experts should be enabled to make known how their expertise matches with the temporal and spatial boundaries of victim, crime and setting. In turn, they should be apprised of where they fit into the overall judicial process and their limits within the investigation. Consequently, each expert requires access to the factual background of the case, to the site and its contents throughout the investigation. Each forensic team member has a responsibility to influence the investigation--throughout its course when possible--to make findings within their areas of expertise, and to make these available to the rest of the team so as to contribute most meaningfully to the aims of the investigation, both forensic and humanitarian. The on-site crime scene manager has an overarching role to enable integrated access to the complete scene and its contents by each forensic expert team member. In other words, the forensic scientist is given access and the ability to influence the investigation while control of evidence from the site as to identity and criminal activity are maintained by the crime scene manager. This contribution is directed at both the crime scene manager and each forensic expert; it describes the essential spatial and temporal parameters of an expert's opinion so as to encourage cooperation, and discourage conflict, within the forensic team.     

性被害人司法精神鉴定有关问题探讨

性被害人司法精神鉴定有关问题探讨李孝福，郑瞻培（１．安徽省黄山市第二人民医院；黄山２４５０２１；２．上海市精神卫生中心；上海２０００３０）ＡＰＲＯＢＥＯＦＳＯＭＥＰＲＯＢＬＥＭＳＲＥＧＡＲＤＩＮＧＰＳＹＣＨＩＡＴＲＩＣＥＸＰＥＲＴＩＳＥＦＯＲＳＥＸＵ...     

The data on statistical surveillance of recording forensic medical expertises of the harm to human health collected by the Bureau of Forensic Medical Expertise (BFME) in Central Health Department of the Moscow region

This publication deals with the analysis of application of the "Medical criteria for the harm to human health" put into force on September 16, 2008, as exemplified by the work of the Bureau of forensic medical expertise (BFME), Central Health Department of the Moscow region, during the period from 2007 and 2010. The data were borrowed from the materials of departmental statistical reporting (F.42) on forensic medical examinations of the harm to human health carried out during the period between 2007 and 2010. In addition, the statistical report of BFME on the application of the medical criteria in 2010 was used. The number of forensic medical expertises for the estimation of the degree of harm to human health was shown to decrease by 9% but remain 3% higher than the average across the country. The number of expertises of severe harm to the health increased by 15% as in the whole of the country with the concomitant 20% reduction in the number expertises of mild and moderate harm. These trends are unrelated ether to the changes in the frequency of crimes leading to the serious harm to the health or to the number of subjects convicted of such crimes. It was found that p.p. 6.1.1 - 6.1.30 of the "Medical criteria" that list life-threatening injuries are most frequently (in 58% of the cases) used to document facts of severe harm to the health. The same is true of p.p. 6.11. - 6.11.11 listing the injuries responsible for the persistent loss of occupational capacity (by at least one third). The frequency of application of concrete paragraphs of the (Medical criteria, is determined within each group. The largest number of expert errors (3.2%) were committed while estimating serious harm to the health based on the paragraphs listing the injuries responsible for the persistent loss of occupational capacity (by at least one third). The minimal number of such errors (1%) were committed while estimating serious harm to the health from life-threatening injuries.     

Medical Evidence and Expert Testimony in Child Sexual Abuse

Expert medical testimony in child sexual abuse cases can be critical to the outcome of a legal case. This article will review the development of the medical knowledge and clinical expertise in child sexual abuse. Since the passage of mandatory child abuse reporting laws, the forensic medical examination of a child for evidence of sexual abuse has become standard. Until recently, many myths regarding female genital anatomy existed but were based primarily on dogma and lack of empirical research. Over the past 25 years, many research studies and accumulating clinical evidence have expanded medical knowledge and debunked old myths. Physical evidence, even in cases of alleged genital or anal penetration is rare. Sexually transmitted infections are also uncommon and often require medical interpretation as to their significance in a prepubertal child. Specialized medical knowledge, training, and clinical expertise have developed in order to evaluate children presenting with allegations of sexual abuse. Such medical expertise provides invaluable service to courts. We review criteria for evaluating such expertise in light of current medical practice.     

63例监管场所非暴力性死亡的法医学分析

目的通过收集监管场所非暴力性死亡的案例,分析其法医学特点和相关影响因素。方法收集某鉴定中心2000—2015年间所受理的监管场所在押人员非暴力性死亡案例63例,对其致死性疾病的类型、发病季节、既往病史、临床表现、处理措施及病程进行回顾性分析。结果监管场所因病死亡者以男性居多,高发于中青年人群;主要致死性疾病以心源性死亡居于首位(50.8%),慢性炎性疾病包括胃肠道穿孔、肺结核病、肺炎、肝炎和胰腺炎等数量也较多。夏季是发病高峰,猝然发作的症状为睡眠中急骤发病、突然晕倒,慢性起病的以呕吐、腹痛、乏力、胸闷、气短、发热、纳差等最为常见。结论监管场所的管理制度、监管场所条件、医疗水平和相关知识等仍有改善空间,进行鉴定时需注意健康资料收集、尸体解剖、组织学检查和毒物检验等。     

Diagnostic values of polysomnography in forensic medicine

A man accused of a first-degree murder of a two-year-old girl claimed that he had not been conscious during the time of the alleged murder. The possibility that he may have committed the crime while "sleepwalking" was raised. The forensic psychiatrist looked to the sleep disorders facility to conduct polysomnographic investigation of the accused in order to investigate the possibility that he had a parasomnia. Overnight sleep recordings with video surveillance carried out for two consecutive nights showed no evidence of parasomnia. On the basis of the full assessment, the final report of the forensic psychiatrist did not support a legal defense of non-insane automatism and "sleepwalking" was withdrawn as a possible defense by the lawyer of the accused.     

Why teach crime scene management to forensic university students?

Despite enhanced forensic collaborations between law enforcement agencies and universities, crime scene management remains a domain seen more as technical than scientific, largely carried out by sworn police officers qualified as scene of crime officers (SOCOs), confining forensic graduates to specialized expertise fields. Under such circumstances, we must ask ourselves why and how do we provide a generalised dedicated course to academic pupils who are not primarily intended to join such teams, excepting sometimes to assist them on a specialized field (explosion, arson, etc.)?Currently in Quebec, forensic graduates cannot join crime scene units attached to police forces, mainly because of unions, which argue about the need to be an experienced police officer before qualifying for a crime scene course.Based on the operational experience of the author, who created the foundational graduate forensic programme in Quebec, Canada, this paper will explain why such an academic course is still of high importance, its rationale within an academic curriculum, its goal and its implementation. Challenges are still to be considered, but selected feedback from students who understood that the aim of this course is distinct from their formal support disciplines, encourage such an approach.     

The Kodak Syndrome: Risks and Opportunities Created by Decentralization of Forensic Capabilities

Forensic science laboratories are being challenged by the expanding decentralization of forensic capabilities, particularly for digital traces. This study recommends laboratories undertake digital transformations to capitalize on the decentralization movement, develop a more comprehensive understanding of crime and security‐relevant problems, and play a more central role in problem‐solving collaboratively with law enforcement organizations and other stakeholders. A framework for the bilateral transfer of information and knowledge is proposed to magnify the impact of forensic science laboratories on abating crime, strengthening security, and reinforcing the criminal justice system. To accomplish digital transformations, laboratories require personnel with different expertise, including investigative reasoning, knowledge codification, data analytics, and forensic intelligence. Ultimately, this study encourages managers, educators, researchers, and policymakers to look beyond the usefulness of forensic results for solving individual investigations, and to realize the value of combined forensic knowledge and intelligence for developing broader strategies to deal with crime in digitalized society.