刑法最后手段性的基础分析

在抗制犯罪这种反社会的行为时,刑法的机能决不是无限的。刑事处罚作为调整社会关系,处理违法行为的最后一道防线,只有在其他手段不能有效发挥作用,即不得已的范围内适用。刑法的最后手段性体现了一种“慎刑”思想,已成为近现代刑法的基本价值理念,而其确立有着深刻的政治、经济、法律和文化根基。在我国,树立刑法的最后手段性观念,对刑事政策的制定、刑事立法和司法实践都具有重要的指导意义。     

甘草酸二钾体外抗鸡传染性法氏囊炎病毒的作用机制

利用鸡胚成纤维细胞(CEF)体外培养系统,通过观察细胞病变(CPE)和用MTT法测定细胞活力这两种方法来评价甘草酸二钾体外抑制鸡传染性法氏囊炎病毒(IBDV)对CEF的感染作用,并通过甘草酸二钾对病毒复制、吸附的阻断作用测定试验及直接灭活病毒测定试验,初步探讨了甘草酸二钾的抗病毒机制。结果显示,甘草酸二钾在安全浓度范围内对病毒感染细胞的抑制率达到70%以上,EC50为663.2±268.4μg/mL,SI>4.52;在阻断病毒复制、直接灭活病毒的试验中,甘草酸二钾显示了较强的抗病毒能力,但在阻断病毒吸附试验中却没有作用,推测其抗病毒机制可能是干扰了病毒的复制和直接使病毒灭活。提示,甘草酸二钾能够作为预防及治疗传染性法氏囊炎的药物或先导化合物。     

Estimation and evidence in forensic anthropology: age-at-death

A great deal has previously been written about the use of skeletal morphological changes in estimating ages-at-death. This article looks in particular at the pubic symphysis, as it was historically one of the first regions to be described in the literature on age estimation. Despite the lengthy history, the value of the pubic symphysis in estimating ages and in providing evidence for putative identifications remains unclear. This lack of clarity primarily stems from the fact that rather ad hoc statistical methods have been applied in previous studies. This article presents a statistical analysis of a large data set (n = 1766) of pubic symphyseal scores from multiple contexts, including anatomical collections, war dead, and victims of genocide. The emphasis is in finding statistical methods that will have the correct "coverage."Coverage" means that if a method has a stated coverage of 50%, then approximately 50% of the individuals in a particular pubic symphyseal stage should have ages that are between the stated age limits, and that approximately 25% should be below the bottom age limit and 25% above the top age limit. In a number of applications it is shown that if an appropriate prior age-at-death distribution is used, then "transition analysis" will provide accurate "coverages," while percentile methods, range methods, and means (+/-standard deviations) will not. Even in cases where there are significant differences in the mean ages-to-transition between populations, the effects on the stated age limits for particular "coverages" are minimal. As a consequence, more emphasis needs to be placed on collecting data on age changes in large samples, rather than focusing on the possibility of inter-population variation in rates of aging.     

A case study on the application of isotope ratio mass spectrometry (IRMS) in determining the provenance of a rock used in an alleged nickel switching incident

The application of isotope ratio mass spectrometry (IRMS) in forensic science to establish the provenance of a range of questioned substances including soils, drugs, explosives, currency, ivory and rhino horn has been widely documented. The present study wishes to highlight the applicability of IRMS and specifically stable carbon IRMS in determining the provenance of a carbonate rock that was switched for nickel metal exported from South Africa to Israel. The technique employed effectively argued against a South African origin for the rock whilst simultaneously supporting an Israeli origin, enabling investigators to focus their attention accordingly. The study represents the first documented instance known to the authors where IRMS has been employed in the forensic geo-location of a rock.     

实质刑法解释合理实现的程序性论证规则

刑法解释是研究中国刑事法治形成的重要题域。以程序与议论为双轨的实质刑法解释论是超越主观主义解释论与客观主义解释论之争的第三条道路,它通过程序与议论、对话与论证在交谈意义的合理性上来实现刑法价值判断的客观性。取消最高人民检察院有权刑法解释主体的地位,废除《刑法》第306条规定的辩护人、诉讼代理人毁灭证据、伪造证据、妨害作证罪,取消法官错案追究制,建立判决书说理制度,都是围绕如何构造一个平等、自由、不受强制的议论场域而设计的程序规则,以保障实质刑法解释的合理实现。     

变造图像的压缩率变化规律研究

目的研究变造图像的压缩率变化规律。方法选择不同数码相机不同分辨率进行拍照,将拍照所得图像经过PHOTOSHOP7．0．1软件分别进行色阶、自动色阶、曲线、锐化、USM锐化、锐化边缘、进一步锐化处理。利用ACDSee6．0查看并记录原图像和处理后的图像的文件大小和压缩率。结果探索经过处理的数字图像压缩率的变化规律,根据其变化规律来鉴定数字图像的原始性。     

Forensic Analysis of Explosives Using Isotope Ratio Mass Spectrometry (IRMS)—Part 1: Instrument Validation of the DELTAplusXP IRMS for Bulk Nitrogen Isotope Ratio Measurements

Abstract: A significant amount of research has been conducted into the use of stable isotopes to assist in determining the origin of various materials. The research conducted in the forensic field shows the potential of isotope ratio mass spectrometry (IRMS) to provide a level of discrimination not achievable utilizing traditional forensic techniques. Despite the research there have been few, if any, publications addressing the validation and measurement uncertainty of the technique for forensic applications. This study, the first in a planned series, presents validation data for the measurement of bulk nitrogen isotope ratios in ammonium nitrate (AN) using the DELTA^plusXP (Thermo Finnigan) IRMS instrument equipped with a ConFlo III interface and FlashEA? 1112 elemental analyzer (EA). Appropriate laboratory standards, analytical methods and correction calculations were developed and evaluated. A validation protocol was developed in line with the guidelines provided by the National Association of Testing Authorities, Australia (NATA). Performance characteristics including: accuracy, precision/repeatability, reproducibility/ruggedness, robustness, linear range, and measurement uncertainty were evaluated for the measurement of nitrogen isotope ratios in AN. AN (99.5%) and ammonium thiocyanate (99.99+%) were determined to be the most suitable laboratory standards and were calibrated against international standards (certified reference materials). All performance characteristics were within an acceptable range when potential uncertainties, including the manufacturer’s uncertainty of the technique and standards, were taken into account. The experiments described in this article could be used as a model for validation of other instruments for similar purposes. Later studies in this series will address the more general issue of demonstrating that the IRMS technique is scientifically sound and fit‐for‐purpose in the forensic explosives analysis field.     

Inclusion Probabilities and Dropout

Abstract: Recent discussions on a forensic discussion group highlighted the prevalence of a practice in the application of inclusion probabilities when dropout is possible that is of significant concern. In such cases, there appears to be an unpublished practice of calculation of an inclusion probability only for those loci at which the profile of interest (hereafter the suspect) is fully included among the alleles present in the crime scene sample and to omit those loci at which the suspect has alleles that are not fully represented among the alleles in the mixture. The danger is that this approach may produce apparently strong evidence against a surprisingly large fraction of noncontributors. In this paper, the risk associated with the approach of ignoring loci with discordant alleles is assessed by simulation.     

Detection of counterfeit antiviral drug Heptodin™ and classification of counterfeits using isotope amount ratio measurements by multicollector inductively coupled plasma mass spectrometry (MC-ICPMS) and isotope ratio mass spectrometry (IRMS)

Isotope ratio mass spectrometry (IRMS) and multicollector inductively coupled plasma mass spectrometry (MC-ICP-MS) are highly important techniques that can provide forensic evidence that otherwise would not be available. MC-ICP-MS has proved to be a very powerful tool for measuring high precision and accuracy isotope amount ratios. In this work, the potential of combining isotope amount ratio measurements performed by MC-ICP-MS and IRMS for the detection of counterfeit pharmaceutical tablets has been investigated.An extensive study for the antiviral drug Heptodin™ has been performed for several isotopic ratios combining MC-ICP-MS and an elemental analyser EA-IRMS for stable isotope amount ratio measurements. The study has been carried out for 139 batches of the antiviral drug and analyses have been performed for C, S, N and Mg isotope ratios. Authenticity ranges have been obtained for each isotopic system and combined to generate a unique multi-isotopic pattern only present in the genuine tablets. Counterfeit tablets have then been identified as those tablets with an isotopic fingerprint outside the genuine isotopic range.The combination of those two techniques has therefore great potential for pharmaceutical counterfeit detection. A much greater power of discrimination is obtained when at least three isotopic systems are combined. The data from these studies could be presented as evidence in court and therefore methods need to be validated to support their credibility. It is also crucial to be able to produce uncertainty values associated to the isotope amount ratio measurements so that significant differences can be identified and the genuineness of a sample can be assessed.     

Results of four inter-laboratory comparisons provided by the Forensic Isotope Ratio Mass Spectrometry (FIRMS) network

Between 2004 and 2008 the Forensic Isotope Ratio Mass Spectrometry (FIRMS) network organised four Inter-Laboratory Camparison excercises with the aim of harmonising and validating isotopic measurements to be used for forensic applications.The samples distributed comprised materials of potential forensic interest such as packaging and pharmaceuticals to be analysed for δ²H, δ¹³C, δ¹⁵N and δ¹⁸O composition. As many as 30 international laboratories participated in these comparisons. Results have shown overall improvements for both within- and inter-laboratory reproducibility with respect to δ¹³C and δ¹⁵N measurements.Only a small number of laboratories returned results for δ²H and δ¹⁸O analysis and these results highlighted a need for improvement in the reproducibility of these measurements and a need to address the exchange of hydrogen between samples and ambient moisture. Results also highlighted the importance of sample preparation procedures and the need to standardise both these procedures and calibration against Standard Reference Materials. Future Inter-Laboratory Comparison exercises will assess the suitability of laboratories to submit data to national and international databases similar to those currently operated for fingerprints, DNA etc.