scholarly journals Judicial consequences in Spain for the completion of the medical death certificate

2021 ◽  
Author(s):  
Pilar Pinto Pastor ◽  
Enrique Dorado Fernández ◽  
Benjamín Herreros ◽  
Elena Albarrán Juan ◽  
Andrés Santiago-Sáez
Keyword(s):  
Cause Of Death ◽  
Death Certificate ◽  
Criminal Proceedings ◽  
Civil Proceedings ◽  
Legal Document ◽  
Judicial Proceedings ◽  
Administrative Proceedings ◽  
Legal Consequences

AbstractThe completion of the death certificate is indispensable in Spain for a death to be recorded in the civil registry. Occasionally, doctors may be reluctant to sign a death certificate due to possible legal consequences. This study seeks to analyse the possible judicial consequences doctors may face upon filling out this medico-legal document. Sentences published on the Judicial Power’s website between 2009 and 2019 containing the term “death certificate” were analysed. From a total of 2100 sentences examined, only 15 were found to contain the term “death certificate” as part of the claim. In only 7 of these cases the claim was made against the physician, and in 5 the physician was found guilty. Three of them concluded falsity via criminal proceedings, one via administrative proceedings for refusing to sign the certificate and one through civil proceedings for filling out an erroneous antecedent cause of death. In view of the above, it can be inferred that the completion of the death certificate poses few judicial consequences for physicians. In addition, this study reveals the importance of the death certificate document as evidence in judicial proceedings.

scholarly journals Development of National Procedural Law in the Second Half of the XIX – Early XX Centuries

2021 ◽  
Vol 80 (1) ◽  
pp. 156-164
Author(s):  
Д. В. Слинько ◽  
Л. І. Калєніченко
Keyword(s):  
Scientific Literature ◽  
Preliminary Investigation ◽  
Russian Empire ◽  
Judicial Reform ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Russian Empire ◽  
Administrative Proceedings ◽  
Substantive Law

The authors have studied one of the current historical and legal problems concerning the development of procedural law in the Ukrainian lands, which were part of the Russian and Austro-Hungarian Empires in the second half of the XIX – early XX centuries. Based on the analysis of scientific literature and relevant regulatory material, it has been noted that the beginning of the reform of procedural legislation of the Russian Empire can be considered the introduction of the institution of forensic investigators by the imperial decree in June 1860. Thus, the preliminary investigation was separated from the police, and investigators were part of the staff of the judicial department. The next stage was the judicial reform of 1864. As a result of the reform, the judicial system and procedural law were completely changed. Substantive law was also partially amended under that influence; there was the separation of criminal proceedings from the civil one; procedural norms of administrative justice began to be formed in the Ukrainian lands during that period, and a new branch of knowledge within legal science emerged, which was aimed at searching for the essence and nature of procedural law. The development of procedural law in the Ukrainian lands, which were part of the Austrian and, since 1868, the Austro-Hungarian Empires, was characterized by the obsolescence and imperfection of procedural legislation and its focus on the establishment of imperial positions. At the same time, it is possible to state its certain democracy and succession. It has been concluded that national procedural law during that period was characterized by the preservation and strengthening of certain features of the medieval process (secular nature, rationality, phasing), by the separation of procedural law from the substantive, by the formation of procedural branches of law, by the codification of procedural legislation, by the separation of administrative proceedings from criminal and civil proceedings; the functions and competence of the authorities and their officials were differentiated.

SYSTEM OF MAIN PROCEEDINGS FOR THE PROTECTION OF PUBLIC LEGAL INTERESTS: WHAT SHOULD IT BE LIKE

2021 ◽  
Vol 10 (6) ◽  
pp. 66-83
Author(s):  
S.A. BURMISTROVA
Keyword(s):  
Public Law ◽  
Power Relationship ◽  
Criminal Proceedings ◽  
Current State ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
The Subject ◽  
State Of Affairs ◽  
Administrative Proceedings ◽  
Broad Understanding

According to modern Russian procedural legislation, the protection of public legal interests is carried out in civil and administrative proceedings. In administrative proceedings, interests that are implemented in a public-law power relationship are protected; in civil proceedings, interests that are implemented in a public legal relationship based on equality of the parties are protected. The author believes that all public legal interests are united in that their implementation is significant for the whole society, its part, and an indefinite circle of people. This feature gives rise to the specifics of not only the implementation, but also the protection of public legal interests. The current state of Affairs in which some publicly-legal interests defended in administrative proceedings and the other in civil law, the author believes is wrong, because it may lead to inadequate protection and the violation of such interests in the application of procedures, not taking into account the peculiarities of the subject of protection. Based on a broad understanding of administrative proceedings as proceedings for the protection of public legal interests, with the exception of those that receive protection in constitutional and criminal proceedings, the author puts forward the thesis that in administrative proceedings there should be proceedings designed to consider disputes that are not related to legal relations. Thus, it is justified that administrative proceedings should have special administrative and administrative claim proceedings.

Legal implications of declaring a person dead in absentia for criminal proceedings

2019 ◽  
Vol 2 (XIX) ◽  
pp. 79-93
Author(s):  
Jan Kil
Keyword(s):  
Court Decision ◽  
Natural Death ◽  
Criminal Proceedings ◽  
Legal Implications ◽  
Judicial Proceedings ◽  
The Subject ◽  
Legal Consequences

The subject of the article is the analysis of legal implications of declaring a person dead in absentia for criminal proceedings. The article covers the main issues of declaring a person dead in absentia, in which the court may issue a ruling equivalent in legal effects to natural death of man. The paper examines the influence of declaring a person dead in absentia for preparatory proceedings, judicial proceedings as well as executive proceedings. The author analyses also a situation, when the previous court decision of declaring a person dead in absentia would turn out to be erroneous. Besides, the author examines a legal consequences of declaring a person dead in absentia for statutes of limitations on criminal actions.

Risarcimento per danno da diffamazione a mezzo stampa: una ricerca empirica

2009 ◽  
pp. 51-58
Author(s):  
Morris L. Ghezzi
Keyword(s):  
Decision Making ◽  
Average Length ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Judicial Decision Making ◽  
Civil Proceedings ◽  
Judicial Proceedings ◽  
Quantitative Results ◽  
Taking Action ◽  
Statistical Results

- This article describes the results of empirical research that analysed the area of civil cases and criminal proceedings requesting the payment of damages for press libel deriving from articles and books published by one of Italy's leading publishers. Covering the period from 1 January 2000 to 31 December 2006, the cases total 162 in civil proceedings and 245 for criminal libel. In each case, the document studied was the final one for each level of judicial decision-making, or the act of agreement between the parties, in cases when they reached an out-of-court settlement. The survey selected two categories from the entire field of people who initiated proceedings, that of magistrates (the judiciary and public prosecutors) and that of politicians, grouping all the remaining ones into a single macro-category dubbed "others". The statistical results indicate clearly that the quantitatively greater payments of damages are attributable to the category of the magistrates. In addition, the average length of the judicial proceedings also varies with the category to which the plaintiff belongs; in particular, it increases significantly in the case of magistrates taking action for criminal libel and is reduced when the same category takes action for civil libel. So clear is the reading of the quantitative results in numerical terms that the author preferred to offer no interpretation of the data compiled, leaving them to speak to readers for themselves.

scholarly journals Access to Justice for PWDs in Civil Proceedings before the Federal Courts of Ethiopia: The Law and Practice

2020 ◽  
Vol 14 (1) ◽  
pp. 1-30
Author(s):  
Aschalew Ashagre
Keyword(s):  
Federal Courts ◽  
Vulnerable Groups ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Persons With Disabilities ◽  
Civil Proceedings ◽  
Judicial Proceedings ◽  
The Government ◽  
The Right ◽  
Right Of Access

Persons with disabilities (PWDs) are among the most vulnerable groups to social, economic and political problems. Various UN General Assembly declarations on the rights of PWDS serve as soft laws for the protection of the rights of PWDs; and the international Bill of Rights can be applicable to their protection. In particular, the UN Convention on the Rights of Persons with Disabilities (CRPD) contains provisions that recognize and protect various aspects of the rights of PWDS. The Convention clearly declares the rights of PWDs to access to justice both in civil and criminal proceedings. Ethiopia is a party to this Convention, and in effect, it has an international duty to implement, among other things, the right of access to justice for PWDs in judicial proceedings. This article examines access for PWDs in the Federal Courts in civil proceedings. It focuses on the legal and practical problems in the implementation of the right to access to justice in spite of attempts made by the government in this regard. Additional legislative and institutional improvements are thus necessary –to the extent possible– in order to realize the rights of access to justice for PWDs since substantive rights will remain meaningless in the absence of access to justice.

How Valid are Patient Reports of Family History of Illness?

1980 ◽  
Vol 19 (03) ◽  
pp. 162-164 ◽  
Author(s):  
Rachel Harris ◽  
W. Margaret ◽  
Kathleen Hunter
Keyword(s):  
Family History ◽  
Medical History ◽  
Cancer Patients ◽  
Cause Of Death ◽  
Death Certificate ◽  
Recall Rate ◽  
Patient Reports ◽  
Small Subgroup ◽  
History Of ◽  
Medical Histories

The recall rate of patients’ family medical histories was studied in 200 cancer and non-cancer patients. Data on age and cause of death for parents and grandparents were collected. Although most patients knew the age and cause of death of parents, less than half knew for grandparents. Cancer patients had significantly greater recall for maternally related relatives. A subsample of patients’ family medical histories was compared to death certificate data. Patients’ reports were found to be highly inaccurate. Since only a small subgroup could provide medical history data for grandparents, the generaliz-ability for history of family illness is questioned.

Commercial Fishing as an Occupational Determinant of Opioid Overdoses and Deaths of Despair in Two Massachusetts Fishing Ports, 2000–2014

2021 ◽  
pp. 104829112110234
Author(s):  
Scott Fulmer ◽  
Shruti Jain ◽  
David Kriebel
Keyword(s):  
United States ◽  
Cause Of Death ◽  
Death Certificate ◽  
The United States ◽  
Opioid Overdose ◽  
Commercial Fishing ◽  
Opioid Epidemic ◽  
Death Certificate Data ◽  
Deaths Of Despair

The opioid epidemic has had disproportionate effects across various sectors of the population, differentially impacting various occupations. Commercial fishing has among the highest rates of occupational fatalities in the United States. This study used death certificate data from two Massachusetts fishing ports to calculate proportionate mortality ratios of fatal opioid overdose as a cause of death in commercial fishing. Statistically significant proportionate mortality ratios revealed that commercial fishermen were greater than four times more likely to die from opioid poisoning than nonfishermen living in the same fishing ports. These important quantitative findings suggest opioid overdoses, and deaths to diseases of despair in general, deserve further study in prevention, particularly among those employed in commercial fishing.

The First Pinochet Case: Immunity of a Former Head of State

1999 ◽  
Vol 48 (1) ◽  
pp. 207-216 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
Hazel Fox
Keyword(s):  
Criminal Liability ◽  
Sovereign Power ◽  
Criminal Proceedings ◽  
State Immunity ◽  
Head Of State ◽  
House Of Lords ◽  
Civil Proceedings ◽  
Protection Of Human Rights ◽  
The Individual ◽  
Reversal Of Fortune

The case of Pinochet has aroused enormous interest, both political and legal. The spectacle of the General, whose regime sent so many to their deaths, himself under arrest and standing trial has stirred the hopes of the oppressed. His reversal of fortune, loss of liberty with a policeman, on the door, has been heralded by organisations for the protection of human rights as one small step on the long road to justice. For lawyers generally, the House of Lords' majority decision of 1998 that General Pinochet enjoyed no immunity signalled a shift from a State-centred order of things.1 It suggested that the process of restriction of State immunity, so effectively begun with the removal of commercial transactions from its protection, might now extend some way into the field of criminal proceedings. And it further posed the intriguing question whether an act categorised as within the exercise of sovereign power, so as to relieve the individual official of liability in civil proceedings, may at the same time, as well as subsequent to his retirement, attract parallel personal criminal liability.

scholarly journals Not my Doctrine? Finding a Contract Law Explanation for Non Est Factum

2016 ◽  
Vol 47 (2) ◽  
pp. 245
Author(s):  
Simon Connell
Keyword(s):  
Common Law ◽  
Contract Law ◽  
Satisfactory Explanation ◽  
Legal Document ◽  
Legal Consequences ◽  
General Explanation

Non est factum (Latin for "not my deed") is a common law doctrine that can allow the signer of a legal document to escape the usual legal consequences of their signature. In its early days, non est factum was available only to blind and illiterate persons who, without being careless, relied on another party's seriously flawed explanation of the document. Non est factum can void contracts, but I argue the general explanation for the doctrine is not a satisfactory explanation for why it applies to contracts. This article considers whether there is an explanation for non est factum that is consistent with contract law thinking. I argue that there is, and explain non est factum as an application of the objective principle set out in Smith v Hughes. 

scholarly journals The questions of territorial jurisdiction of advocating for the election or extension of pre-trial detention

2020 ◽  
pp. 10-20
Author(s):  
Oleg Aleksandrovich Kravchenko ◽  
Roman Valer'evich Fedorov
Keyword(s):  
Preliminary Investigation ◽  
Accurate Determination ◽  
Case Law ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Territorial Jurisdiction ◽  
Legal Situation ◽  
Administrative Proceedings ◽  
Principle Of Legality

Accurate determination of the place of preliminary investigation indicates adherence to the principle of legality in criminal proceedings and the achievement of goals on the protection of rights and lawful interests of the affected parties, as well as on protection of individual from wrongful and unfounded accusations and restrictions of their rights and freedoms. Science addresses the general questions pertaining to determination of the place of preliminary investigation, but does not give due attention to realization of discretionary powers of the higher investigating authority to determination of the place of preliminary investigation. The article reveals the essential conditions for application of such power by the investigating authority, and analyzes case law for compliance with these conditions. The conclusion is made that legislation does not contain clear and specific rules for determination of the place of preliminary investigation, including the territorial jurisdiction of advocating for the election or extension of pre-trial detention. The author describes the flaws in legal regulation associated with the possibility of determination of jurisdiction of a case in administrative proceedings, by means of law enforcement decision prior to the emergence of legal situation (for example, before  submission of a request for the election or extension of pre-trial detention) by lowering the rank of investigating authority, for example to district level. From the practical perspective, elimination of such flaws should facilitate the proper application of the corresponding legal norm, as well as accurate determination of the place of preliminary investigation.

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