死刑存废、公众舆论与公众参与——以日本的裁判员制度为视点

国外的实践表明,限制、废除死刑是国家的宏观政治决策,所以公众舆论成为左右死刑决策的重要影响因素,是自然而然的事情。我国决策机构在限制、废除死刑问题上踌躇不前,主要原因也是社会公众对死刑及其适用的强烈支持。从死刑司法与公众舆论之间的互动与交替关系出发,我们应该积极利用公众舆论与死刑司法之间的相互作用机制,形成支持废除死刑的公众舆论,为今后的死刑改革奠定有利的公众舆论基础。从日本裁判员制度实施4年以来的死刑适用现状与舆论调查结果来看,通过扩大死刑司法的公众参与,让社会成员切身感受给出死刑判决所经受的压力,是改变死刑公众舆论的有效途径,完善人民陪审员制度、建立死刑信息公开制度、规范死刑案件公众参与同样是引导公众舆论的有效途径。     

刑法中的人道问题

近代以来,随着人道主义呼声的高涨,犯罪人的处遇措施应该得到改良、死刑应当废止的主张日渐扩大了影响面。但是人道能否限制刑罚？从国内的主流观点——人道是刑罚的价值要素去推论,人道可以对刑罚构成一种根据性的限制,与人道不符,刑罚就应该废止。但是通过价值哲学、刑罚历史、刑罚根基的考察,人道不是刑罚的价值要素。因此,人道对刑罚的限制不是根据性的,而是条件性的,只有当人道理念较比刑罚理念占优势时,人道才限制刑罚。至此,中国当前的刑事政策应是适度改良监狱设施,坚持保留死刑立场上的严格限制死刑。     

A rare case of lethal methadone intoxication of a 3-week-old infant

The authors describe a rare case of lethal methadone intoxication of a 3-week-old infant. Born of a drug-addicted mother who was undergoing methadone substitution therapy, the newborn presented withdrawal symptoms and was immediately admitted to a paediatric ward where it was treated for 3 weeks, without administration of methadone. The infant died during bottle feeding within 24 h following discharge home.A post-mortem examination was performed as well as histopathological, toxicological and genetic tests were carried out in order to establish the cause and mode of death.The autopsy revealed obstruction of the lower air passages by stomach contents along with classical features of asphyxia. Toxicological tests revealed high concentrations of methadone and its metabolite in blood and urine as well as presence of methadone in stomach contents, and the DNA polymorphism analysis of the (sex-specific) amelogenin locus gave a negative result.On the basis of the results of the post-mortem examination, the laboratory tests and the police investigation, it was concluded that the drug was ingested with the bottle milk, and the possibility of administration of methadone at the hospital or its ingestion with the breast milk was precluded. Though both the cause and mode of death were established, the public prosecutor discontinued proceedings in the case due to inability to find the perpetrator.     

Genetic variability of RyR2 and CASQ2 genes in an Asian population

We analyzed the coding regions of the cardiac calcium-handling genes, ryanodine receptor 2 (RyR2) and calsequestrin 2 (CASQ2) for genetic variants in a healthy Chinese population (n = 95) and in a cohort of 28 sudden unexplained death victims. Mutations in RyR2 and CASQ2 have been shown to alter calcium homeostasis during excitation–contraction coupling and predispose individuals to fatal cardiac arrhythmias. The genetic screening was accomplished by denaturing high-performance liquid chromatography and DNA sequencing methods. Genetic analysis revealed the following non-synonymous genetic variations: two reported RyR2 polymorphisms; 5654G>A (G1885E) and 5656G>A (G1886S), two reported CASQ2 polymorphisms; 196A>G (T66A) and 226G>A (V76M) and one novel CASQ2 mutation; 529G>C (E177Q). The functional significance of the novel CASQ2 mutation has not been evaluated and characterized. This study shows that multiple genetic variations of the RyR2 and CASQ2 genes exist in the two study populations. The inter-individual genetic variability may underlie the different susceptibility of individuals to developing ventricular tachycardia. The research results will be valuable for which future work involving clinical and forensic samples can be based upon to distinguish potential disease-associated mutations from common polymorphisms.     

法治视野下死刑执行方式的抉择

死刑是一种处罚犯罪人的最高刑罚,我国《刑事诉讼法》第二百一十二条第二款规定：“死刑采用枪决或注射等方式执行。”这样,在我国就出现了两种死刑执行方式并存的局面。然而,这与刑罚的目的、刑法的基本原则以及刑法的谦押精神是相背离的,从死刑执行方式发展的历史上看也是不符合其规律的。因此,将死刑的执行方式统一于注射成为今后我国执行死刑的必然趋势。     

Calliphora vicina (Diptera: Calliphoridae) collected from a human corpse above 3400 m in elevation

In the summer of 2005 an adult hiker was killed in a fall in Rocky Mountain National Park, Colorado (U.S.A.). His body was subsequently colonized by the blowfly Calliphora vicina (Diptera: Calliphoridae). The body was discovered 9 days later at an elevation of 3475 m (11,400 feet). This is the first report of C. vicina on a human corpse at this elevation in Colorado. This paper provides additional confirmation of this fly colonizing a human corpse at high elevations in Colorado.     

Forensic evaluation of sudden death due to tuberculosis

Abstract:  The emergence of drug-resistant tuberculosis (TB) poses a major threat to TB control efforts. We report a case of a 50-year-old man with pulmonary TB. The scene investigation had initially suspected for homicide; however, the result of medico-legal autopsy demonstrated natural cause of death. Statistical data suggest that the rates of national mortality by respiratory TB decreased in the last decades in Hungary; however, an increasing TB mortality was detected in the capital Budapest. Facing a new mortality trend in TB, the forensic scene investigation and determination of manner of death represent new challenges for practitioners.     

Further observations on the speed of death in hanging

Given that most fatal hangings are suicidal and occur in locations that have been selected to conceal this activity (thus maximizing the chances of a lethal outcome), there has been very little corroboration of the speed with which unconsciousness and death may occur. A 35-year-old male is reported who committed suicide by hanging immediately after talking to his spouse. Police investigations confirmed her reliability as a witness indicating that lethal anoxia in this case had occurred within a very short time (most likely in less than 1 min) of suspension. The speed with which death may result from hanging not only gives an insight into fatal pathophysiological mechanisms, but also provides useful information for situations where a lethal outcome is to be avoided, or is not intended. For example, individuals at risk of suicide who are being monitored in institutional facilities need to be constantly under direct visual surveillance as significant hypoxia can be rapidly induced, parents and caregivers with infants and children in potentially unsafe sleeping environments need to realize how swiftly death or irreversible anoxic brain damage may occur from neck compression, and those who engage in recreational asphyxia should be informed just how quickly a fatal outcome may ensue.     

早期心肌缺血猝死心肌Ⅰ型胶原的表达

目的探讨Ⅰ型胶原蛋白在心肌早期缺血死后诊断中的法医学价值。方法将收集的案例心肌蜡块分为3组：正常对照组、早期心肌缺血组、心肌梗死组,用免疫组织化学技术（S-P法）,观察猝死心肌内Ⅰ型胶原的表达情况,对其结果进行半定量分析。结果早期心肌缺血组和心肌梗死组心肌细胞质以及细胞核染色阳性,且早期心肌缺血组与心肌梗死组表达强度相近,说明早期心肌缺血组在胶原网结构方面已经发生与心肌梗死相同的改变。结论Ⅰ型胶原可以作为早期心肌缺血的一个诊断指标。     

Sudden death in toddlers caused by influenza B infection: a report of two cases and a review of the literature

Sudden fatal cases of influenza B infection in a 4-year-old girl and a 2-year-old boy are presented. Both children complained of abdominal pain without respiratory, neurologic or cardiac symptoms; additionally the girl had vomiting within 2 days of death. Autopsy revealed histological changes in the respiratory system consistent with a viral infection. Influenza B infection was identified by immunohistochemistry in the girl and real-time polymerase chain reaction in the boy. Additional testing including cultures, toxicology, and screening for metabolic disorders were negative. These cases illustrate the usefulness of viral testing, especially for influenza, in the medical legal autopsy of children even when the classic respiratory symptoms of flu are lacking.