Towards the Real Cross-examination Criminal Procedure in Hungary

Act of XIX/1998 on Criminal Procedure that had become known in theeyes of the public and the legal sciences as The New Code on CriminalProcedure was promulgated by the Hungarian Parliament on its sessionof 10th of March 1998. The reason for the creation of such an Act was theeagerness to finally get rid of the criminal procedure act of the socialistera, e.g. to get rid of its principle of equality of two main phases: theinvestigation and the procedure in front of the court. Also it was among thepurposes of the new act to adjust our rules of procedure to the regulationsof the Western European Countries. The legislator was took into considerationthe general principles and institutions of Act XXXIII of 1896 on CriminalProcedure, without reviving its surpassed parts. The practices of the Strasbourginstitutes were considered as well.     

A field diagnostic test for the improvised explosive urea nitrate

A sensitive, specific and simple color test for the improvised explosive urea nitrate is described. It is based on the formation of a red pigment upon the reaction between urea nitrate and p-dimethylaminocinnamaldehyde (p-DMAC) under neutral conditions. Urea itself, which is the starting material for urea nitrate, does not react with p-DMAC under the same conditions. Other potential sources of false positive response e.g., common fertilizers, medications containing the urea moiety and various amines, do not produce the red pigment with p-DMAC. Exhibits collected from 10 terrorist cases have been tested with p-DMAC. The results were in full agreement with those obtained by instrumental techniques including GC/MS, XRD and IR.     

Methodological development: structured outcome assessment and community risk monitoring (SORM)

This paper describes an effort to develop a clinical tool for the continuous monitoring of risk for violence in forensic mental health clients who have left their institutions and who are dwelling in the community on a conditional release basis. The model is called Structured Outcome Assessment and Community Risk Monitoring (SORM). The SORM consists of 30 dynamic factors and each factor in SORM is assessed in two ways: The current absence, presence or partial och intermittent presence of the factors, which is an actuarial (systematized and 'objective') assessment. Secondly, the risk effect, i.e. whether the presence/absence of factors currently increases, decreases or is perceived as unrelated to violence risk, is a clinical (or impressionistic) assessment. Thus, the factors considered via the SORM can be coded as risk factors or protective factors (or as factors unimportant to risk of violence) depending on circumstances that apply in the individual case. Further, the SORM has a built-in module for gathering idiographical information about risk-affecting contextual factors. The use of the SORM and its potential as a risk monitoring instrument is illustrated via preliminary data and case vignettes from an ongoing multicenter project. In this research project, patients leaving any of the 9 participating forensic hospitals in Sweden is assessed at release on a variety of static background factors, and the SORM is then administered every 30 days for 2 years.     

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.     

Negotiating obligations,creating rights: Conscientious objection and the redefinition of citizenship in Israel

This article examines the ways in which modes of inclusion in the community of citizens are constitutive of political identities and frame the kinds of contestations and claims of individuals and groups vis‐à‐vis the state's agents. It analyses the emergence of selective conscientious to warfare and military service in Israel during the Lebanon war (1982–85). The article is based on the interpretative analysis of interviews with 66 individuals who refused to serve in the war in Lebanon. It shows, through the interpretative analysis of interviews, how conscientious objectors mobilised the hegemonic discourse on citizenship obligations and the identities constructed by it, in order to negotiate and promote and alternative discourse on citizenship. It claims that conscientious objection in Israel embodies an alternative discourse on citizenship and on the subject of rights and obligations. This redefinition entails a reformulation of modes of participation in the political community and of the political culture that frames it.     

A comparison of three automated DNA purification methods in Forensic casework

Manual Chelex^®-100 and organic extractions (phenol/chloroform) are used as routine methods at the Swedish National Laboratory of Forensic Science, SKL. The aim of this study was to find an automated DNA purification system to replace the organic method. The following methods were evaluated and compared to each other and to the organic method used routinely; BioRobot^® EZ1 with EZ1 DNA Investigator Kit and Card (Qiagen), iPrep™ Purification Instrument with iPrep™ ChargeSwitch^® Forensic Kit and Card (Invitrogen), Magnatrix™ 1200 Workstation with the Magnatrix™ gDNA Blood Kit Forensic and two different protocols; Forensic protocol A and B (Magnetic Biosolutions). Blood on fats, cotton swabs, moist snuff, paper towels and leather, post-mortem blood and muscle tissue were extracted with the different methods. DNA concentration and quality of the electropherograms were examined. Individual comparisons between the four extraction methods showed that iPrep™ and Magnatrix™ 1200 gave significantly lower mean quantities compared to BioRobot^® EZ1 and the organic extraction method (p < 0.05). There were no significant differences between the latter two. BioRobot^® EZ1 generated the best results and is in the process of being validated for routine analysis at SKL.