如何理解我国刑事追诉时效中的几个问题

我国刑法上的时效,是指刑事法律所规定的、对已过法律规定期限的犯罪行为人不得追诉的一项法律制度。从该制度设置的目的和意义出发,"法定最高刑"应理解为"应当适用的条或款的法定最高刑",并主张将"法定最高刑"明确修改为"应当适用的条或款的法定最高刑"。不受追诉期限的限制的"逃避侦察或者审判",应以当事人"明知"自己已经受到司法机关追究为前提。     

论民事举证制度的完善

行为责任和结果责任共同构成举证责任的完整涵义 ,其中结果责任属于实质性涵义 ,反映了举证责任的本质 ;举证时限与证据交换的内容完善了法院在审前程序的功能 ;法院调查收集证据的范围与条件厘定了当事人和法院权利和职责各自行使的边界。《证据规定》无疑完善了民事举证制度 ,但在许多内容上构成对现行民诉法的突破 ,使两者间存在着矛盾与冲突 ,为此应由全国人大常委会作出相应的修改与补充 ,以解决《证据规定》与民诉法的协调与效力问题。     

论治安防控中的时空整合

治安防控是中国公安机关为适应新形势下动态治安管理需要所采取的新举措。在治安防 控中将时空整合,有利于提高快速反应的实战能力,有利于提高发现和预防犯罪的能力,有利于发现 和打击现行犯罪和预谋犯罪。     

Colchicine Extract Suicidal Lethal Poisoning Confirmation Using High‐Resolution Accurate Mass Spectrometry: A Case Study

A case of suspected acute and lethal intoxication caused by colchicine has been reported. The woman was hospitalized after her suspicion of suicidal poisoning by a rare autumn crocus (Colchicum autumnale). Suspected colchicine poisoning was confirmed using a novel UHPLC method with a modern reversed‐phase stationary phase with a sub 2‐micron superficial porous particle size combined with a QTOF mass spectrometer. Sample preparation procedure included the addition of propiverine as internal standard, protein precipitation using methanol and solid phase extraction. High‐resolution MS only and targeted MS/MS modes are reported for the qualitative analysis and screening of other potential drugs of abuse in blood samples. All Ion MS mode was used for quantitative determination of colchicine afterward. The concentration of colchicine in the blood sample was approximately 41 ng/mL, and more than 200 μg/mL of the plant extract used for the suicide.     

DNA in the Criminal Justice System: The DNA Success Story in Perspective,

Current figures on the efficiency of DNA as an investigative tool in criminal investigations only tell part of the story. To get the DNA success story in the right perspective, we examined all forensic reports from serious (N = 116) and high‐volume crime cases (N = 2791) over the year 2011 from one police region in the Netherlands. These data show that 38% of analyzed serious crime traces (N = 384) and 17% of analyzed high‐volume crime traces (N = 386) did not result in a DNA profile. Turnaround times (from crime scene to DNA report) were 66 days for traces from serious crimes and 44 days for traces from high‐volume crimes. Suspects were truly identified through a match with the Offender DNA database of the Netherlands in 3% of the serious crime cases and in 1% of the high‐volume crime cases. These data are important for both the forensic laboratory and the professionals in the criminal justice system to further optimize forensic DNA testing as an investigative tool.     

Study of the Behaviors of Gunshot Residues from Spent Cartridges by Headspace Solid‐Phase Microextraction–Gas Chromatographic Techniques

Gunshot residues, produced after shooting activity, have acquired their importance in analysis due to the notoriety of firearms‐related crimes. In this study, solid‐phase microextraction was performed to extract the headspace composition of spent cartridges using 85‐μm polyacrylate fiber at 66°C for 21 min. Organic compounds, that is, naphthalene, 2,6‐dinitrotoluene, 2,4‐dinitrotoluene, diphenylamine, and dibutyl phthalate were detected and analyzed by gas chromatography‐flame ionization detection technique. Evaluation of chromatograms for diphenylamine, dibutyl phthalate, and naphthalene indicates the period after a gunshot was discharged, whether it was 1 days, 2–4 days, <5 days, 10 days, 20 days, or more than 30 days ago. This study revealed the potential effects of environmental factors such as occasional wind blow and direct sunlight on the estimation of time after spent cartridges were discharged. In conclusion, we proposed reliable alternative in analyzing the headspace composition of spent cartridges in a simulated crime scene.     

Forensic Use of A Subtropical Blowfly: The First Case Indicating Minimum Postmortem Interval (mPMI) in Southern Brazil and First Record of Sarconesia Chlorogaster from a Human Corpse

Southern Brazil is unique due to its subtropical climate. Here, we report on the first forensic entomology case and the first record of Sarconesia chlorogaster (Wiedemann) in a human corpse in this region. Flies' samples were collected from a body indoors at 20°C. Four species were found, but only Chrysomya albiceps (Wiedemann) and S. chlorogaster were used to estimate the minimum postmortem interval (mPMI). The mPMI was calculated using accumulated degree hour (ADH) and developmental time. The S. chlorogaster puparium collected was light in color, so we used an experiment to establish a more accurate estimate for time since initiation of pupation where we found full tanning after 3 h. Development of C. albiceps at 20°C to the end of the third instar is 7.4 days. The mPMI based on S. chlorogaster (developmental time until the third instar with no more than 3 h of pupae development) was 7.6 days.     

Comments on the Linux FAT32 allocator and file creation order reconstruction [Digit Investig 11(4), 224–233]

Minnaard proposed a novel method that constructs a creation time bound of files recovered without time information. The method exploits a relationship between the creation order of files and their locations on a storage device managed with the Linux FAT32 file system. This creation order reconstruction method is valid only in non-wraparound situations, where the file creation time in a former position is earlier than that in a latter position. In this article, we show that if the Linux FAT32 file allocator traverses the storage space more than once, the creation time of a recovered file is possibly earlier than that of a former file and possibly later than that of a latter file on the Linux FAT32 file system. Also it is analytically verified that there are at most n candidates for the creation time bound of each recovered file where n is the number of traversals by the file allocator. Our analysis is evaluated by examining file allocation patterns of two commercial in-car dashboard cameras.     

The centrality of labor time in South African gold mining since 1886

Labor time, as a dimension of South African mining labor history, has been ignored, both conceptually and historically. This article remedies this yawning gap by presenting primary and secondary evidence which demonstrates the centrality of labor time in South African gold mines since the discovery of gold in 1886. To this end, labor time is traced in two ways. Part I tracks industrial working time by tracing the length of the working day and week. Part II tracks the ever-increasing length of the African migrant labor contract. While industrial working hours remain remarkably stable for almost a century, the migrant labor contract systematically increases over a similar period. These two measures of labor time eventually coincide when the migrant labor system dissolves and black African workers take annual leave together with their compatriots across the racial divide. The explanation for the mining industry’s long struggle to both maintain relatively long working hours and increasingly maximize the length of the migrant labor contract is construed as completing the received wisdom of Harold Wolpe's much celebrated and criticized `cheap- labor' thesis. (Wolpe, “Capitalism and Cheap Labor Power.”)     

Local government reforms: between multifunction and single-purpose organisations

The paper argues that, in ‘revisiting’ the referred-to article published back in 2004, the concept then guiding the analysis would need to be modified particularly on three scores. For one, in order to achieve a more adequate comparison the country selection should be expanded beyond the earlier sample (UK, France, Germany and Sweden) to also capture Southern and Central Eastern European countries. Second, the ‘developmental’ (‘over time’) analysis of the pertinent institutional changes should be further accentuated and complemented by proceeding ‘by (developmental)stages’ instead of ‘country by country’. Third, while still deeming the distinction between ‘multifunction’ and ‘single-purpose’ organisations fruitful to guide a ‘government versus governance’ analysis and interpretation, the distinction between ‘political rationality’ and ‘economic rationality’ should be added with the former (ideal-typically) identified with elected (local) government and the latter seen characteristic of many of the actors in the governance-typical actor networks.