再议毒品所致精神障碍者的刑事责任能力评定

我国法律并未直接规定毒品所致精神障碍者的刑事责任问题,国内法学界和司法精神病学界对此问题仍分歧众多。争论的焦点主要集中在吸毒者陷于辨认或控制能力丧失状态下实施危害行为时该如何评定其刑事责任能力上。从法律的角度来探讨毒品所致精神障碍者的刑事责任能力评定。主张目前实践中司法鉴定人员结合吸毒者的心理态度来评定其刑事责任能力缺乏法律依据,也不适宜对案件的处理,因此不宜由司法鉴定人员以精神病学的角度来认定毒品所致精神障碍者的刑事责任能力。     

青霉素类抗生素分析研究进展及其应用

青霉素类抗生素具有杀菌活性强、毒副作用小等特点,在临床、动物饲养中应用非常广泛。但使用此类抗生素可能会对某些个体引起过敏反应甚至死亡,同时该类药物的β-内酰胺环不稳定,易受pH值、温度和β-内酰胺酶的影响而开环,原体进入生物体后极易分解,代谢快,检测时限短,因此寻找稳定性好和检测时限长的代谢产物对青霉素类抗生素的检测显得十分重要。本文就近年来青霉素类抗生素的检测方法、稳定性研究、代谢物检测及其在食品中的残留检测、法医学领域中的应用等内容进行了综述。     

毒品犯罪刑事政策的基本问题探讨

毒品犯罪刑事政策是一个国家特定历史时期总的刑事政策在毒品犯罪领域的具体体现,它着眼于毒品犯罪的基本态势,以惩治和预防毒品犯罪为目标,通过立法、司法、执法等活动和措施反映国家对毒品犯罪的基本态度。毒品犯罪刑事政策有五大价值基础,即秩序、法治、效益、人道、科学,它们对毒品犯罪刑事政策的设定、执行、调整均具有指导意义。     

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.     

Patterns of Crime and Substance Abuse among Israeli Ex-Addict Female Inmates

The current study examined the relationship between drug addiction and crime involvement among Israeli female prisoners, and further examined the differential contribution of early onset of drug, sexual abuse and poly drug use, to predict involvement in offenses against person. Fifty-four ex-addict female inmates participated in this study. Research findings indicated that a majority began using drugs prior to their involvement in crime and most were convicted of drug-related crimes. In addition, almost half had a history of sexual abuse. Female inmates who were sexually abused were characterized by an early onset of drug and poly drug use. A relationship was observed between poly drug use and offenses against person. Also, the duration of drug abstinence corresponded to a lower sense of coherence and higher level of trait anxiety among female inmates. The implications of these findings for substance abuse treatment are discussed. Gila Chen, PhD, is a lecturer in the Criminology Department at Ashkelon Academic College and Bar-Ilan University. Her academic interests include youth at risk, female offenders, self-help groups, and drug addiction.     

Medical negligence in drug associated deaths

According to epidemiological studies adverse drug events are one of the most frequently encountered complications during medical treatment, a leading cause of hospitalisation and frequent cause of death. However, medical malpractice claims due to medication errors seem to be relatively rare. Based on a retrospective multicentre study on medical malpractice cases with lethal outcome (n = 4450), drug related cases (n = 575) were further evaluated. In 50% of cases a causal connection between drug therapy and death could be ruled out already after autopsy. In 232 cases a causal connection between drug therapy and death could be approved (drug allergies, relative overdose, wrong application, mix-up of drugs and sepsis after injection abscess). However, within the legal context only in 70 cases a medication error was approved which was in 42 cases causal for death, in 28 not. Administration of contraindicated drugs, incorrect application and relative overdose in renal insufficiency are the prevalent mistakes. Concerning the frequency of ADE in epidemiological studies medication errors are underreported in all data sources on medical malpractice; this seems to be due to the fact that even doctors and attending physicians rarely recognize an ADE; furthermore approving the connection between drug effect and death is extremely difficult for the expert witness.     

贩卖毒品罪“贩卖”二字的真实含义

贩卖毒品罪是一种常见的犯罪,但是对于"贩卖"二字的理解则各有各的不同。综合归纳,人们的观点可以从两个角度进行分析,一个角度是从是否要有牟利为目的进行分析,一个角度指是否既要买进又要卖出的才叫贩卖。贩卖毒品一词的"贩卖"在目的性方面必须是有牟利目的,在行为方式方面可以是"买"、"卖"或者"买进后卖出"。     

略论治安案件查处中的人权保护

公安民警作为国家权力的执行者,其目的是维护国家安全和社会治安秩序,保护公民人身安全和个人合法财产,与违反《治安管理处罚法》的人作斗争,教育和改造大多数,惩罚少数。在执法过程中公安民警必须遵守尊重保障人权原则,但在实际工作中,少数基层民警仍然存在一些有损当事人合法权利的行为。因此,探讨治安案件查处过程中如何避免侵犯人权事件的发生．确保公安民警办案公正合法．对于基层公安机关文明执法具有十分重要的现实意义。     

Organised Crime Governance in Times of Pandemic: The Impact of COVID-19 on Gangs and Drug Cartels in Colombia and Mexico

The COVID-19 crisis provides a window of opportunity for organised crime organisations in Colombia and Mexico to exert social control in local communities through actions of solidarity and care rather than traditional violent coercion. This new dynamic is increasing the legitimacy, power and social capital of gangs and drug cartels, helping them to co-opt civil society and the state to support their criminal operations. The pandemic also shows how poverty and inequality remain fundamental in shaping the building of the nation-state in both countries, where criminals act as a de facto state even without the virus and, in many areas, effectively replace the state. The coronavirus is making visible the ways in which organised crime groups cultivate civil society's support in delivering the provision of governance, order and public health in a time of lockdown and quarantine, making local ‘narco-gang’ governance profitable economically and politically.