Testing problems regarding narcotic substances in hair analysis]

The authors discuss legal, ethic, and technological problems associated with introduction of drug testing by analysis of hair in Russia. There are sufficiently reliable methods of hair analysis, but lack of legal basis and poor equipment of forensic chemical departments impede the introduction and wide use of these methods in Russia. The authors propose certification of the best equipped departments and render them the legal status of regional centers for tests for narcotics and psychotropic agents.     

海洛因依赖及其相关法医学问题

近年来,随着吸毒人数的增加以及非法成瘾物质的种类日趋繁多,成瘾性药物的使用越来越成为世界上普遍存在的严重社会问题,而阿片的半合成品--海洛因更因为其高纯度及相对较低的价格被广泛使用.     

海洛因依赖及其相关法医学问题

近年来,随着吸毒人数的增加以及非法成瘾物质的种类日趋繁多,成瘾性药物的使用越来越成为世界上普遍存在的严重社会问题,而阿片的半合成品——海洛因更因为其高纯度及相对较低的价格被广泛使用。     

Criminal and alcohol problems among Swedish drunk drivers--predictors of DUI relapse

The prevalence and types of crime offences, as well as predictors of relapse, among drivers suspected of driving under influence (DUI) were investigated. A total of 1830 Swedish DUI drivers responded to the Alcohol Use Disorders Identification Test — AUDIT. Information about previous DUI offences, other traffic offences along with other types of criminal offences was taken from a crime register. A total criminality (including all traffic offences) of 64% in the period of five years before investigation was analyzed. 40% of the sample had other criminality besides traffic violations during that period. 14.3% of the drivers relapsed to DUI in the two-year period after the investigation. In terms of DUI relapse, the following factors were the main predictors: previous traffic violations, previous DUI offences, previous other criminality (frauds or other acts of dishonesty) and detection hours between 12.00 and 19.00. Detection in general traffic controls and high BAC (blood alcohol concentration) when detected were the strongest factors with negative correlation to DUI re-offence.     

Immune system in chronic narcotic intoxication

The analysis of the literature data demonstrates that secondary immunodeficiency in chronic narcotic intoxication results, primarily, from T-system dysfunction and attenuation of both cellular and humoral reactions. However, some evidence exist on the absence of such effects or even stimulation of the immune system by narcotic drugs. Morphological analysis of changes in the lymphoid organs of drug addicts who had died of different diseases in chronic narcotic intoxication was made by only few researchers, so functional morphology of immune system organs in chronic narcotic intoxication is an issue of the day which requires further investigation.     

刑事一体化视野中的犯罪心理学

刑事一体化是指刑事立法、刑事司法、刑事科学三方面及其内部各方协调一致,形成有机统二的完整系统。在刑事一体化的视野中,犯罪心理学在关于“犯罪”这一基本概念上,应当与处于规范地位的刑法学保持一致。犯罪心理学是刑事科学的基础理论学科和应用学科,同时,由于其独特的学科性质、研究视觉和研究方法,使其在一体化的刑事科学中,具有不可替代的地位和作用。     

论刑法学方法对刑事立法与司法的意义

在刑事法治系统中,立法与司法是两个非常重要的子系统。研究刑法学方法,①对于这两个子系统的良性运转,进而促进刑事法治系统的良性运转,具有重要意义。一立法完善,对于中国刑事法治而言,是一项重要的制度建设工作。二十世纪八十年代以来的刑事立法,始终贯穿着这一主题。(一)立法完善的含义与意义完善之意,指(使之)完备美好。②立法完善,即通过立法程序使法律、法规进一步完备的过程与结果。刑法的立法完善亦然。废除、修改非正当、不合理的规定,增补与社会现实相适应的内容,是刑法立法完善工作的基本方式。制定立法解释,是刑法立法完善工作…     

证券犯罪特征的犯罪学分析

证券犯罪是在证券发行与交易的各个必要环节中发生的违法行为 ,同时证券犯罪还具有法定犯罪、白领犯罪、共同犯罪、贪利犯罪等特征 ,对此深入分析可以使我们在预防和惩治证券犯罪时更加具有针对性。     

刑事诉讼中的刑事政策:以社会理论为基础的分析理路(一个导论)

中国刑事司法实践基本上一直沿袭着旧有的刑事政策以及与此有关的惯习操作 ,在程序上与刑事诉讼的法治化要求多有抵牾 ,刑事政策的合理化是以“自上而下”的权力型改革模式作为推动刑事诉讼法治化的根本动力。虽然刑事政策逐渐受到学者的关注 ,但因囿于价值判断和视野局限而造成对社会事实缺乏有效的分析 ,所以 ,对“理解”中国刑事司法的问题助益无多。而以一定的社会理论为分析理路 ,或许是研究刑事诉讼中的刑事政策的一种可行的方法     

Current approaches to analysis of narcotic drugs in biological substances

A method of analysis of basic narcotic drugs in urine is described. It consists in isolation by solid phase extraction, derivation and identification by gas chromatography with mass-selective detector. The approaches applied in the above method can be used for analysis of narcotic drugs undetectable by preliminary investigations as well as for urine examination for pharmacological or other biologically active substances.     

Dental age in Central Poland

Precise evaluation of the developmental stage of a child is an integral part of both diagnosis and treatment of pediatric patients; it is also essential in forensic medicine and dentistry. Among radiological methods for dental age estimation in children the Demirjian's method is widely used, however original standards elaborated for the French-Canadian population are mostly not suitable for other populations. The aim of the study was to compare the dental age of children from the region of Mazovia (Central Poland) with the developmental standards presented by Demirjian, to analyse sexual dimorphism of dental age in the studied group and to estimate validity of the Demirjian's standards for the studied Polish population. The material consisted of clinical files and panoramic X-ray images of 994 children aged from 6 to 16 in good general health, without development impairments. Chronological ages of the patients were established. Next dental ages were estimated by means of the Demirjian method based on developmental maturity of seven left mandibular permanent teeth. It was found that the standards were significantly different from the chronological ages in the studied population, which means that dental development was considerably accelerated. The most significant acceleration was observed in girls aged 11 and 12, as well as in 13-year-old boys; in both groups a considerable acceleration of the dental age was seen in 6-year-olds. No statistically significant differences between dental ages of girls and boys were observed in particular age groups. There were devised gender-specific equations allowing for adaptation of original Demirjian's scores for estimation of dental age in the population of Mazovia (Central Poland). In conclusion, the developmental standards used by Demirjian are not suitable in the case of the population of children of Central Poland. Therefore, it is necessary to establish new tables for this population.     

Reassessing the Influence of Criminal History in Federal Criminal Courts

Abstract

Prior sentencing research indicates that defendants with more extensive criminal histories receive more punitive dispositions and that criminal history influences sentencing decisions over and above its influence on the guideline recommended sentence. To date, these additional effects of criminal history have almost exclusively been treated as linear effects. However, there are plausible reasons to expect that criminal history could have curvilinear effects on sentencing outcomes that taper off at higher scores. The purpose of this paper is to explore the potential curvilinear effects of defendant criminal history on incarceration, sentence length, and downward departure decisions in federal criminal courts. The findings suggest that criminal history has curvilinear effects on each of these sentencing outcomes. As criminal history category increases, defendants receive more severe sentences, net of other factors, but only up to a certain threshold level, at which point criminal history effects taper off and even reverse.     

论犯罪集团首要分子的刑事责任

犯罪集团首要分子的刑事责任认定及归责根据是刑法理论和司法实践的难点问题,"张任行、张国忠等黑社会性质组织犯罪案"中两名首要分子行为表现方式多样,归责情况复杂,该案是研讨犯罪集团首要分子刑事责任的典型判例。其中,对犯罪集团中"知而不为"型首要分子的刑事责任可以基于首要分子"概括的犯意"进行认定;对"不知不为"型首要分子的刑事责任可以借鉴国际刑法中的"归咎责任"进行认定;根据罪责自负原则,首要分子对超过其控制力或支配力的犯罪行为不承担刑事责任。精确区分犯罪集团首要分子刑事责任的目的是构建开放型的犯罪集团首要分子归责体系。     

刑事上诉审之构造

刑事上诉审构造有覆审制、续审制及事后审查审制三种模式,美、日、德等国各自采用不同的上诉审构造。就欧美国家上诉审运行的深层机理而言,抑制事实纠错和建构程序保障机制是各国刑事上诉审良性运作的基础,且各国上诉审构造背后均有其诉讼体制上的原因。我国目前的上诉审构造在庭前审查机制、审查范围及审查标准等诸问题上均存在若干流弊,必须借鉴他国法治经验,对我国二审程序进行改造。改造我国刑事上诉审不应当片面地追求当事入主义或盲目比附他国经验,而是应当根据我国的法制环境来建构改良式的覆审制。     

Gender Pay Gap in Poland

In this paper we examine the gender pay gap in Poland over 1987–1996, i.e., shortly before and during the transition to market economy. The principle source of data used throughout the paper is the Household Budget Survey conducted by the Polish Central Statistical Office. The study documents three major results. First, the transition to market economy in Poland favored women substantially in terms of relative earnings differentials. The gender pay gap decreased by 10.2 log% points and the position of mean female in male wage distribution went up by 9.9 percentiles over 1987–1996. By 1995, the values of these measures reached the level observed in industrial economies such as the U.K., Austria, Italy or Australia. Second, rising relative skills of women and rising returns to skills explain about half of the fall in the gender pay gap over 1987–1996. Third, the pay gap did not follow a smooth adjustment process. 1989, the year of the first democratic parliamentary elections, which resulted in forming the first non-communist government, saw the most spectacular change, although actual market reforms began one year after. The changes in the early phase of the transition were mostly driven by sudden shifts in relative wages and employment across industries. Afterwards, the pay gap measures stabilized, partly because rising overall wage inequalities offset the advantages of females due to observed skills.     

Post-mortem investigations of fatal cases of narcotic addiction

Organic lesions induced by narcotics are caused by the mode of application as well as directly or indirectly by the toxic effect of the substances.The cause of death is very often oedema of the lungs and brain, toxic circulatory failure or failure of certain vital organs, due to cellular degeneration.Narcotics abusers show mainly liver damage. Cell degeneration and infiltration of round cells have to be interpreted as drug hepatopathy and usually not as viral hepatitis.Histochemical tests show reduced enzyme levels in the impaired liver tissue. Toxic degeneration and inflammatory reactions are seen in the kidneys. Brain lesions are confined to cellular damage without necrotic degeneration of larger areas. Sporadically there are perivascular haemorrhages.The heart and the vascular system show mainly inflammatory reactions due to the application of the drug and rarely capillary embolism subsequent to the injection of dissolved tablets. Centrally stimulating substances cause hypertrophy of the tunica media in the pulmonary vessels combined with pulmonary hypertension.With progressive social collapse the drug addict suffers from dental caries, profound inflammatory periodontopathy as well as from fractures and fissures as a result of gnashing the teeth (bruxism).