由一则案例论事后抢劫之司法认定

事后抢劫罪的前提条件是值得评价为"盗窃罪、诈骗罪或者抢夺罪"的行为;对"携带凶器盗窃"中"凶器"的认定宜采"客观危险﹢主观用途"的标准;为窝藏赃物、抗拒抓捕或者毁灭罪证而使用暴力或者以暴力相威胁的对象应限定为被告人观念上特定之人。     

论“携带凶器盗窃”简

2011年5月11日正式实施的《中华人民共和国刑法修正案（八）》（以下简称《修正案八》）增设了盗窃罪的不同犯罪情节,“携带凶器盗窃”就是其中一种.2013年3月最高人民法院、最高人民检察院新出台司法解释第3条第3款规定,携带枪支、爆炸物、管制刀具等国家禁止个人携带的器械盗窃,或者为了实施违法犯罪携带其他足以危害他人人身安全的器械盗窃的,应当认定为“携带凶器盗窃”.“携带凶器盗窃”的“凶器”认定有一定的特殊性;其现实中可能出现的一些具体的情形,以及其与“携带凶器抢夺”的关系不无深入讨论之余地.     

Whose Whales? Developing countries and the right to use whales by non‐lethal means

Abstract

While the clash between whaling and anti‐whaling interests in international fora, especially the International Whaling Commission (IWC), has escalated over the last two decades, very little attention, if any, has been paid to the active participation of developing country representatives and agencies (both governmental and non‐governmental) in the issues surrounding whale conservation, research and sustainable use. The failure to recognize the interests of developing nations in non‐lethal use of whales, as well as their marginalization in the IWC decision‐making process, has contravened their sovereign rights and thwarted efforts to develop a solid consensus on many critical issues.     

82例肾上腺出血的法医病理学分析

目的 分析肾上腺出血与个体死亡原因、年龄和性别的关系。方法 对82例。肾上腺出血的案例进行统计学分析。结果 （1）肾上腺出血在猝死、感染、外伤和窒息中最多见。（2）肾上腺出血男性多于女性。猝死、外伤和中毒的肾上腺出血多见于青壮年，感染以幼儿多见，窒息主要为胎儿和新生儿。（3）猝死和窒息的肾上腺出血部位主要在髓质，感染以皮质出血为主，外伤在包膜和髓质的出血概率相等。结论 在法医检案过程中，肾上腺出血可以为寻找死因提供线索。     

受虐待儿童眼底病理变化研究进展

受虐待儿童眼底病理变化研究进展刘鑫，胡红（北京市高级人民法院；北京１０００３９）ＤＥＶＥＬＯＰＭＥＮＴＯＦＲＥＳＥＡＲＣＨＯＮＦＵＮＤＵＳＰＡＴＨＯＬＯＧＩＣＣＨＡＮＧＥＳＩＮＣＨＩＬＤＡＢＵＳＥ（ＲＥＶＩＥＷ）￥ＬｉｕＸｉｎ；ＨｕＨｏｎｇ（Ｄｐｅａ...     

Could Intra‐alveolar Hemosiderin Deposition in Adults be Used as a Marker for Previous Asphyxial Episodes in Cases of Autoerotic Death?

Intra-alveolar hemorrhage and hemosiderin have been cited as possible markers of recent and remote asphyxial events. Little study has been undertaken of the potential significance of intra-alveolar hemosiderin in adults as a potential marker of previous sublethal asphyxial episodes. Ten cases of lethal sexual asphyxia (an entity known to be associated with repetitive sublethal asphyxial episodes) and 20 randomly selected, age- and sex-matched controls had sections of lung stained for hemosiderin. Subsequently, intra-alveolar, iron-containing macrophages were counted. All cases were men (ages 15-50 years; mean 31.8). No significant increase in hemosiderin was found in victims of sexual asphyxia, indicating that asphyxial episodes in sublethal sexual asphyxial activities may not be sufficiently intense or prolonged to cause intra-alveolar hemorrhage or that intra-alveolar hemorrhage in adults is a relatively nonspecific finding. These results do not support intra-alveolar hemosiderin deposition as a marker for previous sublethal asphyxial events in autoerotic asphyxia.     

Necropsy Findings in Dogs that Died During Grooming or other Pet Service Procedures

Procedures involved in grooming, bathing, and other pet services can often lead animals to death. Of the necropsies of 1391 animals carried out at a private diagnostic laboratory in Sao Paulo, Brazil from 2004 to 2009, 94 were dogs that died during the above‐mentioned procedures. Young male dogs and small breeds like Poodle Miniature, Yorkshire Terrier, and Lhasa Apso were most frequently observed. Blunt‐force trauma was responsible for the deaths of 31% of the animals, with a higher incidence of trauma to the head, characterized chiefly by fractures and nervous tissue lesions. In the other 69% of cases, the animals showed signs of stress, and died due to pulmonary edema and hemorrhage. As we cannot rule out the intentional character in some situations, this article provides veterinary forensic support for veterinarians and pet owners, especially in lawsuits, helping in finding the cause of animal's death in such pet services.     

The Significance of Adrenal Hemorrhage: Undiagnosed Waterhouse‐Friderichsen Syndrome,A Case Series

A retrospective series of five cases of nontraumatic gross adrenal hemorrhage were identified in 800 consecutive forensic autopsies. All patients were males, of different ethnicities and with ages ranging from 2 to 48 years. All patients had a clinical history and autopsy findings suggestive of sepsis. Pre‐ or postmortem microbiological cultures were variably positive for Pseudomonas aeruginosa, Streptococcus pneumoniae, Staphylococcus aureus, and methicillin‐resistant Staphylococcus aureus. The fifth case was positive for yeast and a coagulase negative staphylococcus; contamination of this culture medium cannot be excluded. No cases had a culture positive for Neisseria meningitidis. We find that the reviewed patients with grossly or microscopically identifiable adrenal hemorrhage were otherwise healthy individuals who died suddenly as a consequence of bacterial infection. In each case, signs and symptoms compatible with premortem adrenal insufficiency were reported; in no instance was the adrenal hemorrhage clinically identified.     

Subarachnoid Hemorrhage and Carbon Monoxide Exposure: Accidental Association or Fatal Link?

This case study reports a fatal subarachnoid hemorrhage (SAH) with concomitant accidental carbon monoxide (CO) exposure in 32‐year‐old man. Autopsy results indicated an antemortem aspiration of smoke, and a massive SAH was identified as the cause of death. Intriguingly, the carboxyhemoglobin level was 30%, suggesting that CO could have played a specific role. Intracranial hemorrhages following CO exposure in brain areas and tissues such as the basal ganglia, globus pallidus, or white matter are rare, but well characterized, whereas SAH related to CO exposure has not been previously described. In this case report, the possible role of CO, either as a primary cause or as a facilitating factor, in the pathogenesis of SAH is discussed. In particular, we propose the hypothesis that the excessive vasodilating effects produced by CO on the cerebral endothelium results in consequential loss of microvascular integrity.     

外伤迟发性颅内出血死亡案例研究

通过对一例外伤迟发性颅内出血死亡案例分析,探讨了外伤迟发性颅内出血的临床表现、诊断依据、病理组织学特点及相关法医检验的应对要素。研究发现,外伤性迟发性颅内出血是外伤后早期未发生出血、经数日或数周突发出血,引发伤者出现颅内压升高症状及体征,经CT复查而发现的一种延迟性出血。其成因为外伤时外力作用致脑实质多发小软化灶,持续地损伤脑内血管,因诱因导致血压的突然升高或附近组织急剧变化的抵抗而发生出血。所以,对于外伤性迟发性颅内出血,需结合调查,全面分析其伤后医疗病历、CT检查回报以及尸检病理组织学所见等,综合判断。以避免引起伤者、致伤者、医院甚至办案单位等多方纠纷。