üble Nachrede als Erfolgsdelikt

Der Tatbestand des § 111 Abs 1 StGB stellt ein Erfolgsdelikt dar, weil er den Eintritt einer von der Tathandlung zumindest gedanklich abtrennbaren Wirkung in der Au?enwelt, n?mlich der Wahrnehmbarkeit der Tathandlung durch einen Dritten, voraussetzt.     

Gewahrsam am Inhalt von Behältnissen

Wird aufgrund eines Rechtsgesch?fts oder eines vertrags?hnlichen Rechtsverh?ltnisses ein Geld enthaltendes Beh?ltnis erlangt, bezieht sich diese Art von Gewahrsamserlangung dann nur auf das Beh?ltnis und nicht auch auf das darin enthaltene Geld, wenn das Beh?ltnis den direkten Zugriff des zur Verwendung, Verwahrung, Zurückstellung oder Weitergabe des Beh?ltnisses Verpflichteten hindern soll. Das ist nach der – ma?geblichen – Verkehrsauffassung keineswegs nur der Fall, wenn der Zugriff auf das Geld blo? durch Handlungen zu erlangen w?re, wie sie § 129 StGB unter strengere Strafe stellt.     

Assessment and management of risk for intimate partner violence by police officers using the Spousal Assault Risk Assessment Guide

Intimate partner violence (IPV) is a crime that is present in all countries, seriously impacts victims, and demands a great deal of time and resources from the criminal justice system. The current study examined the use of the Spousal Assault Risk Assessment Guide, 2nd ed. (SARA; Kropp, Hart, Webster, & Eaves, 1995), a structured professional judgment risk assessment and management tool for IPV, by police officers in Sweden over a follow-up of 18 months. SARA risk assessments had significant predictive validity with respect to risk management recommendations made by police, as well as with recidivism as indexed by subsequent contacts with police. Risk management mediated the association between risk assessment and recidivism: High levels of intervention were associated with decreased recidivism in high risk cases, but with increased recidivism in low risk cases. The findings support the potential utility of police-based risk assessment and management of IPV, and in particular the belief that appropriately structured risk assessment and management decisions can prevent violence.     

Suicide by multiple blunt head traumatisation using a stone

Apart from collisions with road or rail vehicles and falls from height, self inflicted blunt force is a rare suicide method and mainly seen in psychiatric patients. The paper presents a rare case of suicide by active blunt force. A 68-year-old man committed suicide by repeatedly hitting his head with a stone. He sustained a craniocerebral trauma and finally died from hypothermia due to the low outdoor temperature. According to the relatives, the man was not diagnosed with a mental disorder or suicidal tendencies. Uncommon manners of self-harm are challenging for those involved in the investigation, and a differentiation between suicide, accident and homicide can only be made in synopsis of all findings.     

When experimentalist governance meets science‐based regulations; the case of food safety regulations

This paper examines a central regulatory mechanism that shapes food economies. Food safety regulations in the United States rely on a science‐based transnational regulatory system known as Hazard Analysis and Critical Control Point (HACCP), which bears central features of what Sabel and Zeitlin identified as experimentalist governance: a new form of regulation that is flexible, responsive, and involves stakeholders in iterative and direct democratic deliberation. The core theoretical question the paper examines is what the reliance on science means for the promise of an experimentalist policy regime to enable a new form of democratic politics. Based on a case study of the HACCP system implemented by the US Department of Agriculture's Food Safety and Inspection Service since the late 1990s, HACCP's reliance on food science has acted as an effective divider between producers who were able to take advantage of the system's flexibility and others for whom this was challenging. There is clear evidence that HACCP posed a disproportionate burden on small processors and that some of them were unable to adapt to the requirements of the regulatory system. In so far as the HACCP‐based food safety regulations delineated the kind of producer that thrived in the system and contributed to the demise of another set of producers, the regulatory system shaped market outcomes.     

Institutionelle Arbeit am Konflikt – ein Beitrag zur Transnationalisierung der Arbeitsbeziehungen?

Although political decisions and the mobility of capital have advanced the integration of markets at the European and the global level, durable transnational bargaining relationships between labor and capital remain rare. Drawing on case studies in two automobile companies the article explores whether and how class-based conflicts are institutionalized in the transnational social space of European industry. Concepts are borrowed from the theories of Pierre Bourdieu and neo-institutionalism to develop a relational, space-sensitive understanding of power lacking in existing perspectives, such as the power resource approach. This allows for a better grasp of the institutions shaping transnational employment relations in the two studied companies, Volkswagen and General Motors-Opel, as well as of the differing stability of these institutions.     

Validation of thin layer chromatography with AccuTOF-DART™ detection for forensic drug analysis

Abstract: Thin layer chromatography (TLC) is a technique that is commonly employed in the forensic drug analysis of pharmaceutical preparations. Detection is typically accomplished using various visualization spray reagents. Conventional gas chromatography–mass spectrometry (GC‐MS) analysis is typically performed to confirm the TLC results. Depending on the drugs tested and the instrument conditions required, this confirmation can take up to an hour to complete. Direct analysis in real time (DART?) is an ionization source, coupled to an accurate‐mass time‐of‐flight mass spectrometer that has the capability to ionize materials under ambient conditions. To streamline analysis, the combination of TLC with DART? detection is proposed to screen and subsequently identify drug compounds, all from the same TLC plate. DART? confirmations of TLC analyses take <10 min to complete and compare favorably to GC‐MS in sensitivity and selectivity. This study validates the use of TLC‐DART in the forensic identification of the components of several pharmaceutical preparations.