Grenzen der Spezialität im internationalen Rechtsverkehr

Der Grundsatz der Spezialit?t der Auslieferung steht der Zul?ssigkeit einer Probezeitverl?ngerung nicht entgegen.     

Schadenersatz wegen im Prozess verz?gerter R?umung

Immer wieder kommt es vor, dass Bestandnehmer in R?umungsprozessen Einwendungen erheben, um die R?umung zu verhindern bzw hinauszuschieben. Dadurch k?nnen dem Vermieter Sch?den entstehen, die durch die prozessrechtliche Kostenersatzpflicht und Benützungsentgelte nicht gedeckt sind. In deswegen geführten Schadenersatzprozessen hat der OGH die Frage der Beweislast zum Verschulden bisher unterschiedlich beantwortet. Oftmals wurde der Vermutung, dass die Anrufung des Gerichtes gutgl?ubig erfolgt, Vorrang gegenüber der Beweislastregel nach § 1298 ABGB gegeben. Zu diesem Rechtsstandpunkt ?u?erte sich der OGH nun ausdrücklich in der nachstehend besprochenen Entscheidung 1 Ob 153/11y.     

Aiming at the chest, but hitting the back

Gunshot injuries in the back may suggest the unjustified use of firearms. A wound in the back inflicted by a firearm should not automatically imply that the shooter aimed at the back. A previous study demonstrated that it is possible for men to turn their trunk faster than it takes for a shooter to fire or throw a hand-operated weapon. With a high speed motion camera the authors were able to demonstrate that it is also possible for women to turn their trunk fast enough, so that a shot in the back could have been aimed at the front of the body. This conclusion is also likely to apply to hand-operated or thrown weapons, since the velocity of their projectiles is considerably lower than that of firearms.     

Reverse engineering--rapid prototyping of the skull in forensic trauma analysis

Rapid prototyping (RP) comprises a variety of automated manufacturing techniques such as selective laser sintering (SLS), stereolithography, and three-dimensional printing (3DP), which use virtual 3D data sets to fabricate solid forms in a layer-by-layer technique. Despite a growing demand for (virtual) reconstruction models in daily forensic casework, maceration of the skull is frequently assigned to ensure haptic evidence presentation in the courtroom. Owing to the progress in the field of forensic radiology, 3D data sets of relevant cases are usually available to the forensic expert. Here, we present a first application of RP in forensic medicine using computed tomography scans for the fabrication of an SLS skull model in a case of fatal hammer impacts to the head. The report is intended to show that this method fully respects the dignity of the deceased and is consistent with medical ethics but nevertheless provides an excellent 3D impression of anatomical structures and injuries.     

Constitutional verbosity and social trust

A common argument in the trust literature is that high-trust cultures allow efficient commercial contracts to be shorter, covering fewer contingencies. We take this idea to the topic of social contracts. Specifically, we ask whether social trust affects the length and detail of constitutions. Cross-country estimates suggest that national trust levels are indeed robustly and negatively associated with the length of countries’ constitutions.     

Separation and structural characterization of the synthetic cannabinoids JWH-412 and 1-[(5-fluoropentyl)-1H-indol-3yl]-(4-methylnaphthalen-1-yl)methanone using GC-MS, NMR analysis and a flash chromatography system

The 'herbal highs' market continues to boom. The added synthetic cannabinoids are often exchanged for another one with a high frequency to stay at least one step ahead of legal restrictions. While most of these substances were synthesized for pharmaceutical purposes and have been described in the scientific literature before, others originate from clandestine laboratories supplying this lucrative market. In this paper, the identification and structure elucidation of two synthetic cannabinoids is reported. The first compound, 1-[(5-fluoropentyl)-1H-indol-3yl]-(4-methylnaphthalen-1-yl)methanone, was found along with AM-2201 in a 'herbal mixture' obtained via the Internet. For isolation of the substance from the mixture, a newly developed flash chromatography method was used providing an inexpensive and fast way to gain pure reference substances from 'Spice' products for the timely development or enhancement of analytical methods in the forensic field. The second substance, 4-fluoronaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-412) was seized by German authorities as microcrystalline powder, making it very likely that it will be found in 'herbal mixtures' soon.     

The internationalization of science and its influence on academic entrepreneurship

We examine whether scientists employed in foreign countries and foreign-educated native researchers are more “entrepreneurial” than their “domestic” counterparts. We conjecture that foreign-born and foreign-educated scientists possess broader scientific skills and social capital, which increases their likelihood that they will start their own companies. To test this hypothesis we analyze comprehensive data from researchers at the Max Planck Society in Germany. Our findings provide strong support for the conjecture that academic entrepreneurship can be stimulated by facilitating the mobility of scientists across countries.     

Offence Definitions in the European Sourcebook of Crime and Criminal Justice Statistics and Their Influence on Data Quality and Comparability

Reaching a high conformity of reported data for different offence groups with the standard definitions provided for these offences is a crucial issue in order to improve comparability of crime and criminal justice data from official sources between countries. Based on data and metadata collected for the European Sourcebook of Crime and Criminal Justice Statistics (ESB), this article takes a close look at the offence definitions used in the 4th edition Sourcebook. After an overview on ESB methodology, namely on questionnaire design and data validation procedures, the general structure of offence definitions in the ESB context is shown and changes compared to earlier editions are explained. Afterwards, ESB data and definition metadata are used to check the quality of the definitions used. Overall and item conformity rates for each offence definition are calculated and assessed. Missing data rates as another indicator for quality problems of definitions are also evaluated. Then, variation coefficients for the different offence groups are compared and critically assessed. The final part of the article contains a view on the distribution of conformity with definitions across Europe. Altogether, offence definitions in the ESB turn out to work very well. Conformity rates tend to be high and variation coefficients are mostly quite uniform for the different offence categories. However, some problematic offence definitions can be identified. As a result of regional analysis it can be shown that conformity rates across Europe do not vary randomly, but follow a certain pattern.