Assessment of the cause and mode of death of victims of a mass industrial accident in the Halemba coal mine

On 21 November 2006 in the Halemba coal mine, Ruda ?l?ska, a mass industrial accident occurred. The underground catastrophe was probably due to combustion of methane followed by explosion of pulverised coal and resulted in death of twenty-three miners. The occurrence has been acknowledged to be one of the most serious accidents in Polish mining industry. Post-mortem examinations of the deceased were carried out in Department of Forensic Medicine, Medical University of Silesia, and in some cases additional dissecting techniques were employed. Photographs were taken as well as numerous specimens for various laboratory tests were collected. Toxicological analyses of blood samples revealed high levels of carboxyhaemoglobin saturation in seventeen cases, and detected presence of methane in the lungs of seven individuals, whereas microscopic specimens mainly showed lesions characteristic of putrefaction. The post-mortem procedures eventually allowed to establish the cause of death of all victims. The authors attempt to determine a range of requisite medico-legal proceedings and examinations that should be carried out in case of a mass industrial accident, and emphasise the need for development of appropriate guidelines.     

交通事故致癫痫大发作伤残等级鉴定43例分析

目的研究交通事故脑外伤致癫痫大发作者伤残等级评定的影响因素,探讨癫痫大发作伤残等级评定中的注意事项。对象与方法应用SPSS软件．统计2006年1月至2007年12月本中心受理的交通事故致癫痫大发作鉴定案例共43例,对受伤时年龄、初次癫痫发作时间、损伤部位与伤残等级的相关性进行分析,并对外伤性癫痫的认定方法进行探讨。结果左、右两侧大脑半球脑损伤致癫痫大发作后伤残等级比较有统计学意义（P〈0．01）,20岁以下者与60岁以上者脑损伤后癫痫的伤残等级比较有统计学意义（P〈0．01）,20岁以下者与20岁以上（未达60岁）脑损伤后癫痫的伤残等级比较无统计学意义（P〈0．05）;癫痫初次发作时间不同的各组间伤残等级比较无统计学意义（P〈0．05）。影像学（CT片、MRI片）资料是确定外伤性癫痫的必备条件,而脑电图检查则是参考条件。结论根据损伤部位、影像学表现等认定外伤性癫痫。并对癫痫大发作做出准确的伤残等级鉴定。     

车辆碰撞痕迹的同一性认定

目的判断车辆是否发生过碰撞和怎样碰撞。方法应用痕迹检验方法对车辆的痕迹进行检验分析比对。结果通过车辆痕迹检验总结出车辆碰撞形态技术鉴定的具体方法。结论判断车辆是否发生过碰撞和怎样碰撞可以从车体痕迹、人体痕迹、微量物证及轮胎路面痕迹等方面来进行判断。     

“Murder–Suicide” or “Murder–Accident”? Difficulties with the Analysis of Cases

Abstract: Homicide where a perpetrator is found dead adjacent to the victim usually represents murder–suicide. Two incidents are reported to demonstrate characteristic features in one, and alternative features in the other, that indicate differences in the manner of death. (i) A 37‐year‐old mother was found dead in a burnt out house with her two young sons in an adjacent bedroom. Deaths were due to incineration and inhalation of products of combustion. (ii) A 39‐year‐old woman was found stabbed to death in a burnt out house with her 39‐year‐old de facto partner deceased from the combined effects of incineration and inhalation of products of combustion. The first incident represented a typical murder–suicide, however, in the second incident, the perpetrator had tried to escape through a window and had then sought refuge in a bathroom under a running shower. Murder–accident rather than murder–suicide may therefore be a more accurate designation for such cases.     

Accidental Hanging Deaths in Children in Konya,Turkey Between 1998 and 2007*

Abstract: In general, hanging cases are the result of suicide, and accidental and homicidal hanging cases are rarely seen. This study retrospectively investigated 4571 death examinations and autopsies that were performed at The Konya Branch of the Forensic Medicine Council (Turkey) between 1998 and 2007; hanging was involved in 201 (6.5%) of the cases. There were a total of 13 accidental hanging cases, where 12 of these involved children. In seven of the cases, the accidental hanging involved a scarf that wraps around swing‐like cradles and is intended to prevent infants from falling down. It was concluded that accidental hanging deaths can be reduced by replacing swing‐like cradles with cribs that are designed for children, removing ropes in and around the house, and preventing children from reaching and/or playing with rope‐like objects.     

交通事故机动车驾驶人鉴定特点研究

遵循系统科学的原则,将交通事故机动车驾驶人鉴定作为一个体系来研究。机动车驾驶人鉴定的对象虽然是人,但应充分考虑人与车、人与路以及人与整个事故现场之间的关系,既要研究驾驶人自身,也要研究其反映形象以及相关的事实和现象。通过对事故现场、车辆、衣着、人体等要素进行观察和分析,尤其是对各要素之间的关联性和动态性分析,提出了综合鉴定机动车驾驶人的方法。     

过失责任与严格责任的整合解释——一个信息费用的视角

过失本质上是一个具有经济学内涵的定义。过失责任与严格责任均致力于实现事故预防费用、事故损失与制度运作的行政成本之和的最小化。信息费用决定着它们达成目标的能力和运作成本。过失标准客观化的原因在于节省信息费用。过失责任受制于确定过失的信息费用,严格责任受制于评估预测事故损失的信息费用。经济学的逻辑而非道德理论为这两种归责制度及其变迁提供了一个融贯简约而又富有说服力的解释。     

Alcohol-Related Mortality Risk in Natural and Non-Natural Death Cases

Abstract:  Determination of the associations between alcohol influence and sudden natural death represents challenges for medicolegal investigations. The aim of this study was to investigate the prevalence of alcohol influence in medicolegal autopsies. In our study of natural and non-natural deaths cases (5496 total: 4045 males, 1451 females) were examined. Blood alcohol concentrations (BACs) were detected by headspace gas chromatographic method. We investigated the alcohol-related mortality using hierarchical log-linear statistical models. Severe BACs were detected among suicidal victims in the oldest age group (>65 years) (In F  = 0.442) and among the homicide victims between the age of 40–65 years (In F  = 0.234). Correlations we found between manner-of-death and sex suggested that the rate of males in accidents (ln F  = 0.140) and the rate of females in homicides (ln F  = 0.193) were higher. It was concluded that the accurate statistical mortality database may provide a huge support for the determination of alcohol effects on human health and mortality.     

社会风险的容忍边界——闹市飙车肇事案的刑法反应

秩序共同体成员为了追求生活的便利忍受交通工具可能带来的风险,这是效率与安全两种价值之间的协调。个体不恰当地使用交通工具会对秩序共同体构成更大的安全威胁,当这种危险超过必要的限度,刑法就会做出反应。在成熟的法治国家,刑法会以梯度的方式做出反应。当倾向于追求安全时,刑法干预的前置应当是风险社会合适的选择。