Homicides in East Berlin from 1980 to 1989. Part II: results of investigations and legal consequences

The second part of the study on homicides in East Berlin from 1980 to 1989 describes the solving of crimes, the usual features of offenders and the legal assessment according to East German law. Of the 139 homicides 126 crimes (= 90.6%) could be solved. Most of the offenders had a low social background and often belonged to the victim's circle of friends or family. Situational homicides and elimination crimes were the most common crimes. In the legal assessment sentences for murder were predominant.     

Suicidal gunshot to the head while driving a car

A severe traffic accident occurred on the German autobahn. According to eye witnesses, the car had changed from the left to the right lane at 160 km/h before crashing into a thicket at full speed. In the car, a sports pistol was found in the footwell of the driver's side. The emergency doctor who performed the external examination of the victim's body found a gunshot wound in the region of the driver's right lower jaw. As the prosecutor released the body without further examination, the family of the suicide asked for an autopsy, which demonstrated a lethal suicidal gunshot to the head; toxicological tests proved a previous consumption of cocaine.     

Latency problems with smothering using soft cover

Smothering by covering the respiratory orifices with soft material is one of the rarely established forms of mechanically induced death by asphyxia. An important reason of latency is that this kind of homicide leaves almost no traces. The two described cases from the autopsy material of the Institute of Legal Medicine in Berlin (CCM) show the limits of medico-legal interpretation and the resulting special responsibility of the investigator. In the first case the defendant denied the offence and was acquitted of the charge, while in the second case the self-confessed offender was convicted.     

Models for fingerprint pattern formation

There is currently no general agreement on the process by which fingerprint (epidermal ridge) patterns form. Nevertheless, many possible mechanisms have been proposed. Based on an extensive literature review and mathematical modeling we argue that the pattern arises as the result of a buckling (folding) process in a cell layer of the epidermis. Using this model we were able to explain the long-known observation that the pattern type is related to the geometry of the embryonal fingertip.     

Role of family factors in adolescent delinquency in an Elazig/Turkey reformatory

Family is one of the most important factors in the social and psychological progress of an adolescent. Social behavior disorders in childhood have been reported to be caused by many factors that may lead children to commit a crime. Our study included a total of 106 convicted adolescents from Eastern Turkey in a reformatory and 126 unconvicted adolescents with a similar socio-economic status. A survey form was completed during a face-to-face interview and a review of official records was undertaken. The role of family disruption, education levels of parents, the rate of imprisonment among first- and second-degree relatives, migration as a family from their place of birth, and the number of delinquent children in the family were evaluated. There was a significant difference between the conditions in the families of convicted and unconvicted adolescents. Family factors play an important role in the development of adolescent delinquency. To prevent or decrease this rate of childhood or adolescent delinquency, there needs to be an improvement in the socio-cultural conditions of families.     

Der Übergang von der GesbR zur OG gemäß § 8 Abs 3 UGB

Der Rechtsformwechsel zwischen der Gesellschaft bürgerlichen Rechts und den Personenhandels- sowie den eingetragenen Erwerbsgesellschaften war wegen der unterschiedlichen Eigentumsstruktur schon nach altem Recht nicht unproblematisch, wenngleich eine hM und Rsp hier einen identit?tswahrenden Rechtsformwechsel ebenso anerkannt hatten, wie er etwa im Verh?ltnis unter den Personenhandels- und Erwerbsgesellschaften von vornherein au?er Zweifel stand. Das UGB hat die Problematik in dreifacher Weise versch?rft: Zum einen wird den eingetragenen Personengesellschaften nun ausdrücklich die Rechtsf?higkeit zuerkannt, zum Zweiten der zwangsweise Rechtsformwechsel jetzt an einen klaren und relativ niedrigen Schwellenwert geknüpft, drittens schlie?lich der spezielle Fall des übergangs von der Vorgesellschaft zur OG eigens geregelt, wobei aber die gesetzessprachliche Aussage zu den hier einschl?gigen F?llen uneinheitlich und unpr?zise ist.     

EU accession and the hardening of soft budget constraints: some macro evidence

The hardening of soft budget constraints (SBCs) is a central element in transforming the economies of Central and Eastern Europe into market economies. This paper presents macro evidence on budget hardening of transition economies comparing the performance of EU accession countries relative to non-accession countries. We estimate SBC hardening for 21 transition economies in a partial adjustment model by measuring the reaction of employment to output changes over a 10-year period. The paper finds that accession candidates have reduced excess labour demand substantially relative to non-accession countries.

Aquatic fatalities--a systematic retrospective analysis

In a retrospective analysis of the autopsy material (n = 5,767) of the Institute of Legal Medicine of the Hanover Medical School covering the period of 1998-2007, all aquatic fatalities were evaluated, categorized and systematically compared under epidemiological and forensic criteria. The total of 156 cases of death by drowning (2.7 % of all autopsies) included 38 bathtub drownings and 28 deaths in the water for which no pathological anatomical cause of death could be reliably demonstrated. A control group (n = 221) was investigated for the presence of aqueous liquid in the sphenoid sinuses and compared with the findings of the drowning cases without signs of putrefaction. About 16 % of the control cases had fluid in the sphenoid sinuses compared with 57.6 % in the drowning group. Most of the drowning victims were men (60.9 %), whereas in the group of bathtub drownings the majority were women. More than half of the drowning cases (n = 89) could be classified as accidents. The individual groups showed a different incidence of findings associated with drowning.     

欧洲私法基础

几年以来在私法领域存在普遍的欧洲化倾向.在比较法、法律史、欧洲共同体法和国际统一法领域的各种发展趋势都为私法指出了一条通往欧洲的道路.本文对这一在可见的将来有可能落实到具体立法计划的发展趋势作了概括.     

Intellectual property law and practice in the blockchain realm

Blockchain technology is claimed to be and perceived as one of the revolutionary technologies that will have an enormous impact on our lives in the forthcoming years and decades. The legal questions surrounding blockchain appear to be among the most controversial issues surrounding this novel technology, which create uncertainties as to the scope and speed of its eventual adoption. Is it legal to use blockchain technology? Does or should any governmental authority or court take a record stored in blockchain into consideration in their decisions? Is blockchain reliable? Can the technology be used for the protection and enforcement of legal and property rights?The technological advancements offered by blockchain promise wide ranges of use in a variety of sectors and legal areas, including intellectual property (IP) law. This paper will focus primarily on the possible opportunities that blockchain may offer with respect to the future of IP law and discuss its potential impact on the registration, management and enforcement of intellectual property rights. We will proceed to offer blockchain-based solutions to foster the operation of IP offices, reinforce customs procedures in detecting counterfeit products, and enhance the efficiency of IP rights management by the right holders. The paper concludes by providing some suggestions to pave the way for the advancement of blockchain technology and to increase the number of people that this technology reaches, as well as its successful integration into the various services and registration/transaction channels that we use today.