A Very Unusual Accidental Mechanical Asphyxia of Choking with a Whole Solea Solea

The case here reported involves a schizophrenic 19‐year‐old girl under treatment with clotiapine, which was well tolerated except for a moderate dry mouth. The woman ingested a whole sole (Solea solea), which caused a very rapid death by choking. A complete autopsy was performed 24 h later, as well as histological and toxicological analysis. At autopsy, the sole was wedged in the esophagus causing a choking ab extrinseco. The fish had a length of 18 cm and a maximum width of 6 cm, weighing 188.7 g. Toxicological analysis detected 0.57 mg/L of clotiapine in blood, which falls within the therapeutic range. The peculiarity of this case is represented by two factors: one is the choking by fish and the second was the adverse affect caused by clotiapine, which induced a condition of dry mouth making the act of swallowing even more difficult, thereby contributing to a very rapid mechanical asphyxia and the death of the young woman.     

The Unintended Consequences of the Transatlantic Trade and Investment Partnership Negotiations

ABSTRACT

Although stalled since 2016, the negotiations on a Transatlantic Trade and Investment Partnership (TTIP) have had major unintended consequences. The TTIP led to demands from third countries to upgrade their trade relationship with the EU and to unprecedented politicisation. As second-order effects of the latter, it endangered the EU-Canada trade agreement and brought about reform of EU trade governance and amendments to EU trade policy positions. These unintended consequences occurred because of inflated expectations about and insufficient awareness of the different nature of TTIP with regard to scope and partner compared to other trade negotiations. In the meantime, EU trade policy has adapted to the new politics of trade, making unintended consequences less likely.     

善治与和谐——对政府治理视野下基本公共服务均等化“五W”模式的探讨

论文以政府治理为视角.尝试提出基本公共服务均等化的"五W"模式:即从"Who(实施的主体)、Whom(受益的对象)、What(实施的内容)、When(实施的时间)、Where(实施的地点)"五个方面具体分析公共服务均等化的内涵,认为政府治理的终极目标--善治与基本公共服务均等化在内涵上是一致的.论文在借鉴国外基本公共服务均等化经验的基础上,认为政府需要转变执政观念,加强社会管理与建设,遵循我国社会经济发展实际,因地制宜,确立不同区域公共服务均等化指标体系,逐步实现公共服务均等化,促进社会和谐发展.     

Compatibility Between Mental Disorder and Mental Capacity: Analysis of a Particular Case of Group Sexual Homicide

Abstract: On the night of August 19, 2000, at the foot of Castel del Monte, an 8‐year‐old girl was brutally murdered. The perpetrators were identified as five young men who captured their victim and sexually abused her. The policemen found the cadaver by following “Mario,” one of the five, who had been discovered lying on the ground, near the castle. Investigation led to demonstrate that the murder was not premeditated. The only desire of the group was to sexually molest the little girl. Mario showed signs of psychiatric pathology and for that he underwent psychiatric evaluation by judicial authorities. Analysis of this case, combined with a criminological and medical‐legal perspective led to conclusions very much different from the expectations of Mario’s defense attorneys. Mario, a marginal figure and seemingly the least intelligent, played the role of group instigator, both in the initiation of sexually abusing the child, as well as in the elimination of an inconvenient witness. However, the group was able to activate Mario’s sadistic fantasies and his sexual perversions, and he ended up in a catalyzing role influencing the behavior of others and realizing what would otherwise remain only fantasies. The circularity of the group allows people like Mario, who are apparently subordinate, to influence the behavior of others. Mario was found to have a mental disorder but it was not sufficient to diminish his personal responsibility related to the crime. In fact, according to Italian judicial code, it is necessary that the motivation for the crime was psychopathological. It was for this reason that, according to Italian law, all of the members of the group were considered to be responsible for the crimes committed and were condemned.     

西班牙的反恐立法：基于刑事法视角的考察

随着国际反恐公约的发展和恐怖主义活动的持续发生,西班牙的反恐立法发生了迅速变化.从刑事法视角来看,西班牙的反恐立法包括犯罪和刑罚,刑事程序、刑罚裁量和执行、青少年刑法、被害人待遇等内客.恐怖主义行为具有极其严重的社会危害性,但是,反恐斗争不能侵害公民的基本权利,而应在司法控制之下充分尊重合法性原则和比例原则.     

Forensic DNA evidence and the death penalty in the Philippines

The death penalty remains a contentious issue even though it has been abolished in countries such as Australia, New Zealand, Canada, European Union member nations and some Asian countries such as Cambodia, East Timor and Nepal. Many argue that the irrevocability of the death penalty, in the face of potential erroneous convictions, can never justify its imposition. The Philippines, the first Asian country that abolished the death penalty in 1987, held the record for the most number of mandatory death offenses (30 offenses) and death eligible offenses (22 offenses) after it was re-imposed in 1994. Majority of death penalty convictions were decided based on testimonial evidence. While such cases undergo automatic review by the Supreme Court, the appellate process in the Philippines is not structured to accept post-conviction evidence, including DNA evidence.Because of the compelling nature of post-conviction DNA evidence in overturning death penalty convictions in the United States, different groups advocated its use in the Philippines. In one such case, People v Reynaldo de Villa, the defendant was charged with raping his 13-year-old niece that supposedly led to birth of a female child, a situation commonly known as ‘criminal paternity’. This paper reports the results of the first post-conviction DNA test using 16 Short Tandem Repeat (STR) DNA markers in a criminal paternity case (People v Reynaldo de Villa) and discusses the implications of these results in the Philippine criminal justice system.     

Bellamy on Dirty Hands and Lesser Evils: A Response

This article offers a response to Alex Bellamy's article 'Dirty Hands and Lesser Evils in the War on Terror'. It outlines deep errors in his claims about 'dirty hands' and 'lesser evils'. Essentially, these errors result from his failure to grapple with the complexity of dirty hands theory, coupled with his uncritical acceptance that dirty hands scenarios are essentially defined as a clash between a public and private morality. Furthermore, we argue that Bellamy's distinction between 'dirty hands' and 'lesser evils' is a spurious one since all dirty hands cases require a choice between lesser evils. In addition, we reject his claim that dirty hands makes no political sense. For illustrative purposes, we then briefly examine one problematic philosophical issue which needs attention if the notion of dirty hands is to be taken seriously. Finally, we demonstrate the usefulness of the concept of dirty hands by applying it to the issue of torture in the so-called 'war on terror'.     

Migrants’ inhabiting through commoning and state enclosures. A postface

ABSTRACT

In this paper, I deploy the framework of commons as social systems which I have developed in my last book Omnia Sunt Communia to interpret the debate developed in this issue, enquire on the relationship between commons and citizenship, and ground the question of migrants’ inhabiting on the theory of commoning.