The importance of a urine sample in persons intoxicated with flunitrazepam--legal issues in a forensic psychiatric case study of a serial murderer

The sedative-hypnotic benzodiazepine flunitrazepam (FZ) is abused worldwide. The purpose of our study was to investigate violence and anterograde amnesia following intoxication with FZ, and how this was legally evaluated in forensic psychiatric investigations with the objective of drawing some conclusions about the importance of urine sample in a case of a suspected intoxication with FZ. The case was a 23-year-old male university student who, intoxicated with FZ (and possibly with other substances such as diazepam, amphetamines or cannabis), first stabbed an acquaintance and, 2 years later, two friends to death. The police investigation files, including video-typed interviews, the forensic psychiatric files, and also results from the forensic autopsy of the victims, were compared with the information obtained from the case. Only partial recovery from anterograde amnesia was shown during a period of several months. Some important new information is contained in this case report: a forensic analysis of blood sample instead of a urine sample, might lead to confusion during police investigation and forensic psychiatric assessment (FPA) of an FZ abuser, and in consequence wrong legal decisions. FZ, alone or combined with other substances, induces severe violence and is followed by anterograde amnesia. All cases of bizarre, unexpected aggression followed by anterograde amnesia should be assessed for abuse of FZ. A urine sample is needed in case of suspected FZ intoxication. The police need to be more aware of these issues, and they must recognise that they play a crucial role in an assessment procedure. Declaring FZ an illegal drug is strongly recommended.     

Time since discharge of pistols and revolvers

The estimation of time since the latest discharge of pistols and revolvers has been achieved by the Solid Phase Microextraction (SPME) sampling technique and the GC/TEA analytical system. The TEA2 compound, which in our previous work (1) was observed in barrels of shotguns and rifles as well as inside spent cartridges, was also detected in pistols and revolvers. The amount of this compound was very low in short-barreled small arms and its escape from the barrel could generally be measured for only a few days or up to two weeks after the latest discharge. To improve the detection of TEA2 compound, the SPME sampling time was prolonged and fibers coated by Carboxen/polydimethylsiloxane were used. The decrease of the TEA2 peak with time after shooting from pistols is nonexponential but the curve-fitting procedure proposed for the estimation of time since discharge of shotguns and rifles is difficult to apply as the decay is very rapid. Therefore, the detection of TEA2 compounds in small arms should be interpreted that the firearm had been used very recently. The amount of volatile decomposition products of smokeless powder increased significantly with the length of the barrel when firearms of the same caliber, but with different barrel lengths were investigated.     

Behandlungsbedürftigkeit, Krankenhilfe, Voraussetzungen

Weder § 8 Abs 2 Z 3 und Z 4 O? SHG 1998 noch die Materialien zu § 8 O? SHG 1998 stützen die Annahme, dass sich eine Person, bei der sich Behandlungsbedürftigkeit wegen Krankheit herausstellt, bereits zuvor um andere Arten der Sozialhilfe bemüht haben musste, um einen Anspruch auf Krankenhilfe zu erlangen.     

刑事证明责任分配的利益基础

利益是诉讼各方承担证明责任的最基本动机。不同的诉讼主体在诉讼中的利益取向不同,导致证明责任分配的差异。由于诉讼利益的多样性和冲突,在刑事诉讼中承担证明责任的主要是控诉机关。从诉讼利益层次性的角度来看,控辩双方基于裁判上的利益具有承担证明责任的必要,而法院因为不具有裁判上的利益,因此不能使其承担证明责任。在刑事证明责任的分配中,必须尊重利益的要求。利益的确认也是一个程序的过程。作为证明责任基础的利益必须通过主张和抗辩,由实体法规范和程序法规范确认为案件的争议,才能成为证明的对象,成为法院裁判的范围。     

Indigenous Peoples in International Environmental Cooperation: Arctic Management of Hazardous Substances

This article reviews the international legal framework on hazardous substances, with an emphasis on the Arctic and the roles of indigenous peoples. Persistent organic pollutants (POPs) and heavy metals pose significant risks to Arctic indigenous populations, mainly through the consumption of traditional foods. Treaties of particular relevance include the Protocols on Heavy Metals and POPs to the Convention on Long-Range Transboundary Air Pollution (1998) and the Stockholm Convention on POPs (2001). Arctic indigenous groups have exerted considerable influence on hazardous substance management through lobbying of national governments, participation in domestic and international scientific assessments, and direct advocacy in regional and global political fora. Their engagement on environmental issues has also helped to shape circumpolar consciousness and political activism among different indigenous groups. At the same time, there remain important limitations on the independent authority and ability to act of indigenous groups. Challenges for Arctic indigenous groups and States include continuing collaborative abatement work targeting many POPs and heavy metals, as well as addressing linkages between hazardous substances and climate change, which is another issue of great Arctic concern.