地方立法引用上位法条文值得商榷

在地方立法中,直接引用上住法条文在立法技术上欠妥,亦会造成立法解释权的变延.地方立法不应当片面地追究"大而全",地方立法应体现上位法的精神,而不宜照抄上位法条文.     

Preliminary test with chlorindazone DS for zinc in Sintox residue

So-called exit bags are voluminous, transparent plastic bags, each with a collar to go round the neck, and a Velcro fastening. In conjunction with the consumption of sleeping pills, the bags are recommended as an aid to commit suicide by organizations in favour of "humane death". It is reported on four such suicides by elderly people between 79 and 87 years of age. In two of these cases, there was assistance in committing suicide, one corresponding to a suicide protocol from the Swiss organization for euthanasia, EXIT. In two cases, detailed instructions for committing suicide were found. The morphological findings were not very specific in any of the cases. If the plastic bags are removed by a third party, this type of suicide may remain undetected even after performance of an autopsy. Exit bags tend to be used by older people with either real or feared life-threatening illnesses, in suicides which have usually been planned for some time. From the criminological point of view, the possible active participation of other persons in pulling the covering over the head can often not be proved. Assisting a suicide, in the sense of giving instructions on how to accomplish it, is not punishable in German law.     

Newborn kidnapping by cesarean section

A study of 30 cases of violence from a total sample of 199 cases of infant abductions between the years 1983 and 2000 included a subsample of six (or 20%) where the kidnapping was by cesarean section. The six cases are classified by type of crime. Four cases were classified as personal cause homicide, subtype cesarean section homicide; one case classified as personal cause, subtype domestic homicide, and one case classified as a criminal enterprise homicide. The behavioral profiles of the abductors included a confidence style approach to the victim mother, deception, and planning of the cesarean section. The forensic psychodynamics suggest a dual motive to cement a failing partner relationship and to fulfill a childbearing and delivery fantasy. Cesarean section murder suggests a new category of personal cause homicide.     

Suicide on death row

The suicide rate on death row for the period 1976 through 1999 was found to be high (113 per 100,000 per year), some five times higher than the suicide rate for the male population of the United States. The death row suicide rate was predicted by features of the death row population (negatively with the population on death row) and by social indicators of the society as a whole (negatively with birth and divorce rates and positively with marriage rates).     

What is the best sample for determining the early postmortem period by on-the-spot flow cytometry analysis?

The level of degradation of DNA as a means for determining the time of death has been proposed as a valid adjunct to the classic thanatochronologic methods. The twofold aim of this work was to determine which organ might reveal both a correlation between the percentage of degradation of the DNA and the time lapse since death, and would be easiest to sample and yield the most reproducible results even in technically unfavorable situations such as on-the-spot investigations at the scene of death. A comparison of the spleen, blood, and liver showed that hepatic tissue best meets these specific needs because it shows a virtually linear correlation between the time elapsed since death and the level of degradation of the DNA, and it can easily be sampled at the scene of death by use of a common biopsy needle.