论携带凶器抢夺的定性

《刑法》第267条第二款关于"携带凶器抢夺的"按照抢劫罪定罪处罚的规定,有悖于主客观相统一的犯罪构成原则,不具备转化型抢劫罪的构成要件,与刑法第269条规定存在冲突,应予取消。     

公安实战中的致命威胁及应对训练探索

运用文献资料、案例研究、数理统计等方法对公安部政治部在全国16个省市征集、整理的26个有关缉捕、盘查等类别的真实的严重暴力案例进行统计分析、归纳,探讨公安实战中常见的几种致命威胁：致命武力（器、械）的威胁、只有极少时间处置的威胁、从未经历过的威胁,并对有效应对这些威胁的训练方法和手段提出具体的思路。     

Cardiac Implantable Medical Devices forensics: Postmortem analysis of lethal attacks scenarios

Cardiac Implantable Medical devices (IMD) are increasingly being used by patients to benefit from their therapeutic and life-saving functions. These medical devices are surgically implanted into patient's bodies and wirelessly configured by prescribing physicians and healthcare professionals using external programmers. However, these devices are threatened by a set of lethal attacks, due to the use of vulnerable wireless communication and security protocols, and the lack of security protection mechanisms deployed on IMDs.In this paper, we propose a digital investigation system for the postmortem analysis of lethal attack scenarios on cardiac IMDs. After developing a set of techniques allowing the secure storage of digital evidence logs which track the executed sensitive events, we implement an in-depth security solution allowing the protection of cardiac IMDs. An inference system integrating a library of medical rules is proposed to automatically infer potential medical scenarios that caused the patient's death, or that created heart-related emergency situations (through the occurrence of ventricular tachycardia for example). A Model Checking based formal technique to reconstruct potential technical attack scenarios on a cardiac IMD, starting from the collected evidence, is also proposed. The results obtained by the two proposed reasoning techniques (i.e., the inference system and the Model Checking based algorithm) are correlated to prove whether a potential attack scenario is responsible of the occurrence of heart-related emergency situations or the death of a patient. Based on the proposed techniques, we design a decision-support system that reconciles in the same framework the medical and technical investigation aspects.     

Medical malpractice as reflected by the forensic evaluation of 4450 autopsies

A multicentre retrospective analysis of 4450 autopsies carried out due to suspicion of medical malpractice in 17 German institutes of forensic medicine from 1990 to 2000 was performed for the German Federal Ministry of Health. During the time period analysed an increase of cases could be mentioned. The main results of the study are: in the cooperating institutes the total number of autopsies due to suspected medical malpractice ranged from 1.4 to 20%. In more than 40% of the cases preliminary proceedings were started because the manner of death was certified as non-natural or not clarified. Hospital doctors were more affected by medical malpractice claims than doctors in private practice. However, the number of confirmed cases of medical malpractice was higher for doctors in private practice than for hospital doctors. Although surgery is still at the top of the disciplines involved in medical malpractice claims the number of confirmed surgical cases was below the average. Mistakes in care were confirmed to be above the average. Medico-legal autopsies are still a very sufficient method to evaluate cases of medical malpractice: 2863 cases could already be clarified by autopsy. Up to now there is no systematic registration of medical malpractice charges in Germany. A systematic registration should be initiated to build up and/or improve error reporting systems and, thus, to improve patient safety. Compared to other sources of medical malpractice claims (arbitration committees of the medical chambers, reference material of health and insurance companies, files of civil courts) the data of the present multicentre study are in so far unique as only lethal cases were evaluated and a complete autopsy report was available as basis of an expert opinion in alleged medical malpractice cases.     

Officers’ memory and stress in virtual lethal force scenarios: Implications for policy and training

ABSTRACT

Sworn law enforcement officers (N?=?151) were exposed to two different simulated lethal force encounters, a motorcycle-traffic-stop (MTS) and a workplace violence incident. Workplace violence incidents (WPV) consisted of two versions: an original version (WVO) and an enhanced version (WVE) with additional tactile and auditory stimuli within the simulation environment. Officers’ recognition memory (immediate and 48?h later), perceived stress, and physiological stress responses were examined. Delayed reporting led to impaired memory for event information in the MTS and perpetrator information in the WVE simulation. Moreover, perpetrator information was remembered more accurately than event information. Two physiological stress markers – alpha amylase and immunoglobulin-a – were correlated with memory for the simulated experiences; however, cortisol and interleukin-6 were not. These findings support current theory related to arousal and memory suggesting that officers should be interviewed as soon as reasonably possible after a lethal force incident. Implications for legal parameters in defining a ‘reasonable officer’ exerting lethal force are considered.     

In silico toxicity as a tool for harm reduction: A study of new psychoactive amphetamines and cathinones in the context of criminal science

The emergence of new psychoactive substances (NPS) has raised many issues in the context of law enforcement and public drug policies. In this scenario, interdisciplinary studies are crucial to the decision-making process in the field of criminal science. Unfortunately, information about how NPS affect people's health is lacking even though knowledge about the toxic potential of these substances is essential: the more information about these drugs, the greater the possibility of avoiding damage within the scope of a harm reduction policy. Traditional analytical methods may be inaccessible in the field of forensic science because they are relatively expensive and time-consuming. In this sense, less costly and faster in silico methodologies can be useful strategies. In this work, we submitted computer-calculated toxicity values of various amphetamines and cathinones to an unsupervised multivariate analysis, namely Principal Component Analysis (PCA), and to the supervised techniques Soft Independent Modeling of Class Analogy and Partial Least Square-Discriminant Analysis (SIMCA and PLS-DA) to evaluate how these two NPS groups behave. We studied how theoretical and experimental values are correlated by PLS regression. Although experimental data was available for a small amount of molecules, correlation values reproduced literature values. The in silico method efficiently provided information about the drugs. On the basis of our findings, the technical information presented here can be used in decision-making regarding harm reduction policies and help to fulfill the objectives of criminal science.     

Lethal self administration of propofol (Diprivan). A case report and review of the literature

The death of a female anaesthesiologist is reported. Although the situation at the scene indicated propofol overdose-related death, self-administration of such high doses of propofol was unlikely, given the pharmacological properties of this drug. The analysis of the situation at the scene and the toxicological analysis in which the blood and liver propofol concentrations were 2.40microg/ml and 0.56microg/g, respectively, supported the conclusion that the death was a consequence of propofol self-administration at therapeutic doses from a person who used the drug on chronic basis seeking to its euphoric effects. However, because the toxic concentrations of propofol in non-intubated patients may be different from those intubated and fully supported in the operating room or in the intensive care unit, a mere interpretation of the blood and tissue concentrations of propofol in the toxicological analysis can confirm the drug intake but it may be of limited diagnostic significance without taking into account this difference.     

联合国CCW框架下致命性自主武器系统 军控辩争的焦点与趋势

在人工智能革命背景下致命性自主武器系统(LAWS)军控逐渐成为国际热点议题,联合国《特定常规武器公约》(CCW)会谈机制作为其核心平台召开了三次非正式专家会议和三次正式政府专家组会议。技术层面,主要探讨了LAWS的定义和特点,各方基本同意LAWS军控不应当妨碍民用人工智能技术创新,但对目前是否应制定及如何制定LAWS可行定义等问题存在分歧;伦理层面,讨论焦点在于LAWS对于人权和道德的冲击,各方基本认为不应将生死决定权让渡给机器,但对机器是否作为道德主体等问题存在分歧;法律层面,主要关注LAWS对现有国际人道法的冲击,各方基本同意现有国际人道法依旧适用于LAWS管控,但在是否需要除现有国际法之外增加监管机制等问题上存在分歧;军事层面,主要探讨了LAWS扩散风险对战略稳定性的冲击及存在的局限性等问题,各方基本同意研发部署LAWS的责任在于国家和指挥官,但在预防性禁止还是暂时放任,甚至鼓励发展LAWS等问题上存在分歧。展望未来,这一军控机制可能推动制定各方接受的LAWS工作定义,探索将伦理道德嵌入LAWS的可能性与方法,建立LAWS的法律审查机制,拟定暂停部署LAWS的政治宣言或法律文书。由此,中国应继续积极参与CCW框架下LAWS军控探讨,推动管控相关战略风险及伦理法律挑战,以维护自身国家利益和人类安全福祉。