scholarly journals Topical Issues of Determining a Vehicle Driver's Intoxication in the Investigation of Road Traffic Offences

2018 ◽  
Vol 12 (3) ◽  
pp. 375-386 ◽  
Author(s):  
Julia Aksenova-Sorokhtei ◽  
Elena Baranovskaya ◽  
Olga Kuzmina ◽  
Аnna Makhanek
Keyword(s):  
Biological Samples ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Medical Screening ◽  
Systemic Analysis ◽  
Alcohol And Drug Abuse ◽  
The Right

Alcohol and drug abuse hold a special place among the phenomena accompanying the modern civilization because they have a negative impact on all aspects of society. One of the most dangerous types of crimes committed under the influence is road traffic accidents. The negative trend of this category of crimes necessitates their efficient investigation, the success of which greatly depends on the right measures of legal coercion aimed at determining the condition of the person driving a vehicle. Measures of administrative, administrative procedure and criminal procedure coercion are especially important in this process. The paper presents a systemic analysis of the norms of criminal and administrative law as well as criminal and administrative process that determine the procedure of testing and medical screening for intoxication. The authors also examine the issues of ordering and carrying out forensic examination to determine the condition of intoxication, and the procedure of acquiring biological samples for testing. They analyze court practice in the spheres of both administrative jurisdiction and criminal court procedure. The authors come to the conclusion that the procedure of screening a person driving a vehicle should be improved. Most problems associated with it are caused by the legal ambiguity regarding the choice of the medical institution that should carry out the chemical and toxicological analysis of bodily fluids. Besides, the law does not have any provisions for the double-screening of biological material to identify narcotics and psychoactive substances in the cases when preliminary screenings results are negative, as they often do not distinguish some types of narcotics, such as spices. In order to identify the condition of intoxication it is necessary for the medical screening to follow the procedure set out in the criminal procedure legislation, which should include obtaining of biological samples for testing and further forensic chemical and toxicological expertise.

scholarly journals Ensuring the Right of a Person Placed in a Psychiatric Care Hospital to Defense in Criminal Proceedings

2021 ◽  
pp. 42-50
Author(s):  
Anna Shatrova
Keyword(s):  
Psychiatric Care ◽  
Care Facility ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Care Hospital ◽  
Criminal Proceedings ◽  
Systemic Analysis ◽  
Criminal Procedure Law ◽  
Court Proceedings ◽  
The Right

The involvement of persons suffering from mental disorders into criminal court proceedings requires additional procedural guarantees of ensuring their rights. The procedural status of a person involved in proceedings regarding the application of compulsory medical treatment is not sufficiently well-defined in Russian criminal procedure. Such a normative construct makes it harder for this person to exercise their right to defense. The author examines some problems of ensuring a right to defense when making a decision on placing a mentally ill person in a psychiatric care facility. Based on a systemic analysis of current criminal procedure norms and international law standards of ensuring a just and fair court hearing in the category of criminal cases under consideration, the author presents ideas on improving the criminal procedure law and the practice of its enforcement. It is suggested that a special norm of procedural compulsion consisting in the forceful placement of a person in a psychiatric care hospital should be incorporated in law.

scholarly journals Pattern of traffic rules violations and the risk of fatal injuries in Mysuru city

2017 ◽  
Vol 4 (5) ◽  
pp. 1608
Author(s):  
Rashmi A. ◽  
Shrinivasa B. M. ◽  
Shrinivasa B. M. ◽  
Shrinivasa B. M. ◽  
Narayanamurthy M. R. ◽  
...  
Keyword(s):  
Road Safety ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Negative Impact ◽  
Case Fatality ◽  
Road Traffic Accidents ◽  
Cross Sectional ◽  
The Government ◽  
Traffic Rules ◽  
Fatal Injuries

Background: In India, Road safety is an issue of national concern. Road accidents create negative impact on the economy, public health and the general welfare of the people. Every year the lives of approximately 1.25 million people are cut short as a result of road traffic accidents. Between 20 and 50 million more people suffer non-fatal injuries, with many incurring a disability as a result of their injury. Reliable road traffic injury surveillance is an important component of evidence based road safety policy making. Methods: A cross sectional study was conducted for the period of 3 months in Mysuru city. The present study included all the 5 Traffic Police stations coming under Mysuru city. Before conducting the study, permission to collect all the relevant information is obtained from the in charge of the stations. Retrospective data regarding the traffic rules violations, fatal and non-fatal injuries are obtained in the fixed format prescribed by the government which is maintained uniformly by all the police stations. Data collected was entered in MS office excel sheet and analyzed using statistical package for social sciences (SPSS) software version 22.0. Results: From the study we can observe that there is a drastic increase in the total number of traffic crimes in 2015 compared to 2014. Case fatality of road traffic accident showed decreasing trend from the year 2013. It was evident from the study that there was no significant correlation between total number of accidents every year with violation of traffic rules (r = -0.86 p =0.338). Similarly  There was no significant correlation between the number of persons killed every year with violation of rules by riding two wheeler without helmet(r = -0.380 p =0.752). Conclusions: With massive investment in roads and the exponential growth in the number of vehicles it has become necessary to have a system, which integrates all disciplines that influence road safety. In depth evaluation of the road traffic accidents to build infrastructures and to reinforce the regulations specific to local needs is required. 

scholarly journals The Victims of Road Traffic in the Territory of Kosovo and the Way of Their Compensation-Indemnity

2016 ◽  
Vol 4 (2) ◽  
pp. 163
Author(s):  
MSc. Halim Kuliqi
Keyword(s):  
Traffic Accident ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Comparative Method ◽  
Theory And Practice ◽  
Road Traffic Accidents ◽  
The Road ◽  
Large Numbers ◽  
The Right

Taking into account the fact that in the world the road traffic accidents happen very often and go up to very large numbers, which often are also very disturbing, then there is an indispensable need to study this problem, because without identifying the problem and its causes then it can neither be fought nor prevented.The significance of this paper lays on the presentation of some data regarding the number of accidents and their victims, the ways of compensation for the damage and the presentation of some measures in order to protect the victims of accidents from secondary victimization.This paper fills a scientific gap for victims of accidents and their way of compensation, which until now for the case of Kosovo has been not addressed significantly in terms of theory and practice also. For the presentation and the development of this issue have been used statistical method, comparative method and among others also the case study methods.In other words, the main purpose of this paper is to present data that expose the difficulties for the realization of the right of victims after suffering accidents and also to propose some norms that would protect the victims from secondary victimization, as victims after suffering a traffic accident may be hurt again until the realization of their demand for compensation according to the law.

scholarly journals On Criminal Procedure and Criminalistic Measures of Counteracting Crimes Against Legal Entities

2021 ◽  
Vol 15 (1) ◽  
pp. 98-105
Author(s):  
Olga Aivazova ◽  
Galina Vardanyan ◽  
Irina Smirnova
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Relevant Information ◽  
Criminal Proceedings ◽  
Legal Entity ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

The article discusses some aspects of proving in cases of crimes against legal entities. The criminalistic description of the victim represented by a legal entity determines specific details of applying criminalistic and criminal procedure measures aimed at the identification, investigation, detection and prevention of such crimes. Under the current Criminal Procedure Code of the Russian Federation, one of the elements of ordering criminal proceedings is the protection of rights and legal interests of organizations that became victims of crimes. Part 1 of Art. 42 of the Criminal Procedure Code of the Russian Federation details this guideline for the first time by giving legal entities, viewed as independent subjects of criminal procedure legal relations, the right to be recognized as victims of criminal actions if the crime inflicted damage on their property or business reputation. Nevertheless, the imperfections in the regulation of legal entities’ participation in criminal proceeding, and the insufficient attention to the specifics of realizing their rights and legal interests in comparison with the physical persons of a similar procedural status give rise to numerous problems. The complex of such problems has a negative impact on the effectiveness of investigating this category of crimes and, as a consequence, on the ability of criminal proceedings to produce the intended result. The literal interpretation of Part 1, Art. 42 of the Criminal Procedure Code of the Russian Federation points out that the consequences of such crimes must include the infliction of two types of damage simultaneously — «to property and to business reputation», which can hardly be considered a good de­finition from the standpoint of juridical technique. Quite naturally, the investigation and court practice shows that law enforcers, while collecting proof on the character and size of damage inflicted on legal entities as a result of a crime, usually limit themselves to proving material damage, and even this damage is not proven in full (the common omission being losses of expected income). As for the damage inflicted on business reputation of a legal entity, its establishment during criminal proceedings is still problematic and, in practice, there is usually a gap in proving it. The authors point out that incomplete character of evidentiary information regarding the infliction of damage on the business reputation of legal entities is inadmissible and present their recommendations for resolving this problem, including the use of specialist knowledge and the improvements in the tactics of specific investigatory actions aimed at obtaining criminalistically relevant information on the case.

scholarly journals Traumatic rib head subluxation through the intervertebral foramen causing spinal cord contusive injury in a cat

2020 ◽  
Vol 6 (1) ◽  
pp. 205511692092926
Author(s):  
Natalie Lisiewicz ◽  
Matthew Green ◽  
Mike Targett ◽  
Mark Lowrie
Keyword(s):  
Spinal Cord ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Spinal Injury ◽  
Intervertebral Foramen ◽  
Case Summary ◽  
Injury Treatment ◽  
The Right ◽  
Rib Head

Case summary A 4-year-old cat involved in a road traffic accident presented with paraparesis, which was worse on the right-hand side. Neurolocalisation was to the T3–L3 spinal cord segments. Survey radiographs showed rib fractures but no definitive diagnosis for the paraparesis. CT revealed fracture of the dorsal rim and a T9 rib subluxation through the intervertebral foramen at T8–T9. This caused a contusive spinal injury. Treatment consisted of rest and analgesia. The cat recovered well, with the owner reporting no abnormalities 5 months following the injury. Relevance and novel information Road traffic accidents are a common cause of injury in the cat population, with a significant number having thoracic injuries. These include rib injures such as fractures. This is the first reported case of a traumatic rib subluxation causing a contusive injury in the spinal cord of any species. Previously reported rib subluxations have been seen in humans with spinal deformities. Conservative management in this case was sufficient.

scholarly journals EVALUATION OF EFFICACY OF DIFFERENT MODALITIES IN TREATMENT OF FRACTURE METATARSAL

2021 ◽  
pp. 140-143
Author(s):  
SATYAPRATEEK KAUSHIK ◽  
VERMA RK ◽  
GUPTA SP ◽  
BHAIRWA RAJKUMAR
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
Outcome Measurement ◽  
Treatment Modalities ◽  
Conservative Group ◽  
Significant Difference ◽  
Metatarsal Fractures ◽  
Group B ◽  
Gandhi Medical College ◽  
The Right

Objectives: This study mainly aims to evaluate the efficacy of three different modalities in treatment of fracture metatarsal. Methods: A hospital-based prospective comparative study was conducted in Mahatma Gandhi Medical College, Jaipur, from December 2018 to June 2020, involving 50 patients above 16 years of age presented with isolated metatarsal fractures and grade I open fractures were included in the study. Patients fulfilling the inclusion criteria were then allocated to one of three groups. Group A – Conservative management, Group B – K-wire fixation, and Group C – external Fixator. Outcome measurement was done using AOFAS MID FOOT SCALE (100 points total). Results: Majority of 29 patients belong to 35–60 years of age group followed by 18 patients in 26–35 years. Maximum number of cases is reported in male category that was 45 cases. Majority of the cases falls under the category of road traffic accidents that are 28 cases which is about 56% of the total cases. In 37 cases right foot was involved, whereas 13 cases are on the left side, suggesting the right was the dominant side. About 48% of the second metatarsal and 30% of the third metatarsal showed the maximum involvement. Maximum number of cases were designated as excellent having score between 90 and 100 that was about 38 cases which are 76% of total cases suggesting every treatment modality was good in its own right. There was a significant difference between the different treatment modalities at final follow-up p<0.05. Conclusion: All treatment modalities equally good, achieving good fracture union, decreased incidence of pain, and achieve a good range of movements, but complications rate was more in the conservative group as compared to other groups.

scholarly journals IMPROVEMENT OF LEGISLATION ESTABLISHING LIABILITY FOR VIOLATIONS OF THE PROCEDURE FOR PROVIDING PUBLIC SERVICES IN THE FIELD OF ROAD SAFETY

2021 ◽  
Vol 6(72) (3) ◽  
pp. 338-344
Author(s):  
A. N. Osyak
Keyword(s):  
Traffic Safety ◽  
Police Officers ◽  
Road Safety ◽  
Traffic Accidents ◽  
Public Services ◽  
Injury Severity ◽  
Road Traffic ◽  
Dangerous Goods ◽  
Transport Of Dangerous Goods ◽  
The Right

Study of the tasks and functions of police in the sphere of traffic safety is dedicated to many scientific researches due to the fact that the significance of the topic has not lost its relevance, the evidence of the disappointing official statistics about the dead and received various degrees of injury severity in traffic accidents and also due to the fact that the quantity of transport in Russia is constantly increasing, and the problems of transport security are not solved. At the same time, research related to the implementation by the police of the functions of providing public services in this area is of particular importance, because despite the fact that this area of police activity is not the main one, and is not provided with state-power enforcement, it nevertheless plays a significant role in ensuring public safety in the field of traffic. Indirectly, the police, through the function of providing public services, by issuing permits for the transport of dangerous goods, issuing permits for the right to drive, etc., minimizes and reduces the threat of harm to life and health, property, and citizens involved in road traffic. In the article, the author sets a task to investigate the legislation that establishes liability for violation of the procedure for providing public services in the field of road safety, to suggest ways to improve it. The author defines public services in the field of road safety and defines their essence. The author analyzes Federal and departmental legislation, identifies the features of bringing to justice police officers for improper provision of public services. The article draws conclusions about the existence of certain shortcomings in the legislation in this area and suggests ways to eliminate them.

scholarly journals CLOSED COURT HEARING AS AN INDEPENDENT SECURITY MEASURE FOR PARTICIPANTS IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 31 (2) ◽  
pp. 286-290
Author(s):  
R.M. Ramazanov
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Court Judge ◽  
Independent Form ◽  
The Russian Federation ◽  
The Right ◽  
Court Hearing

The publicity of the trial in the Russian criminal trial has been one of the important provisions for several decades and is expressed in the realization of the right of citizens to be present in court when considering and resolving a criminal case. However, an open criminal court may be limited if the grounds listed in Part 2 of Art. 241 of the Code of Criminal Procedure of the Russian Federation are established as an exception to the general condition of the trial. One of these grounds is a closed court hearing, which is considered as an independent form of ensuring the safety of participants in the process and their loved ones. The creation of safe conditions for citizens to participate in the court session allows the court to establish and verify the evidence collected in the case (Article 73 of the Code of Criminal Procedure of the Russian Federation). At the same time, security applies not only to participants from the defense or prosecution, other participants in the process, but also in relation to the court (judge). A closed hearing is one of several security measures (part 3 of article 11 of the Code of Criminal Procedure of the Russian Federation). The decision of the matter and the holding of a trial in private can only be determined if there are strictly established procedural grounds. Such a decision should be motivated.

scholarly journals Evaluation of Influencing Factors and commonly Involving Side in Maxillofacial Injuries in Road Traffic Accidents by Motorized Two Wheelers: A Cross-sectional Study

2017 ◽  
Vol 8 (1) ◽  
pp. 49-54
Author(s):  
Meera Thinakaran ◽  
S Mohanavalli ◽  
G Sree V Bala
Keyword(s):  
Influencing Factors ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Cross Sectional Study ◽  
Road Traffic Accidents ◽  
Maxillofacial Injuries ◽  
Maxillofacial Injury ◽  
Cross Sectional ◽  
The Right ◽  
Two Wheeler

ABSTRACT Introduction Trauma remains to be a leading cause of maxillofacial injury globally. Motorized two wheelers (MTWs) are the main cause of (73%) maxillofacial injuries in the road traffic accidents; in several studies, the right side of maxillofacial injuries was reported as the common side of injury than left side. In our previous study, the percentage of the right side injuries was higher than the left side. Aim The aim of this study is to evaluate the influencing factors of the maxillofacial injury by MTWs and to find the association between the side maxillofacial injuries and the handedness of drivers. Materials and methods Clusters sampling method was used; 20 clusters were selected in Chennai. Motorized twowheeler drivers were selected. Data collected by prepared questionnaires’ were statistically analyzed. Data included the demographic details, type of vehicle, engine capacity, average driving speed, years of driving, regular usage of the helmet, type, mode and frequency of accident, management, influence of alcohol, and use of the helmet at the time of injury. The side of the facial injury and handedness of drivers were recorded. Results From the total of 721 participants, 75.7% were males, 24.3% were females; 46.74% were in the age of 18 to 25; mean age is 29.45. Bikes were 55.9%, scooter 38.2%, moped 8.3%; 59.9% are geared; 50.5% were 80 to 100 cc vehicles types and 37% were 110 to 150 cc types; 62% of male's average speed is 80 km/hour; 53% of female's average speed is less than 40 km/hour. Only 18.06% had used at the time of injury. 39.4% of females had accidents, males had 59.3% (p < 0.0001). Two-wheeler vs two-wheeler accidents were 24.8%; two-wheeler vs four wheeler were 19%; by pedestrians crossing 18.7%; by animal crossing was 16.5%; skid two wheeler 20%. A total of 30.02% were under the influence of alcohol. Right-side injuries were 44.5%; left side 25.9% (p < 0.0001), while 96.9% were right-handers. Conclusion Right-side injuries were common in MTW skid and fall. Speed, type of vehicle, handedness, influence of alcohol, use of helmet, mode of injury, all are the determining factors for pattern and severity of injury. Helmet usage would definitely minimize the head injury to some extent. How to cite this article Mohanavalli S, Thinakaran M, Bala GSV. Evaluation of Influencing Factors and commonly Involving Side in Maxillofacial Injuries in Road Traffic Accidents by Motorized Two Wheelers: A Cross-sectional Study. World J Dent 2017;8(1):49-54.

scholarly journals A Study of Damage Patterns on Passenger Cars Involved in Road Traffic Accidents

2019 ◽  
Vol 2019 ◽  
pp. 1-12 ◽  
Author(s):  
Joseph Kurebwa ◽  
Tawanda Mushiri
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
First Aid ◽  
Road Traffic Accidents ◽  
Passenger Cars ◽  
Severity Rating ◽  
Car Crash ◽  
Study Population ◽  
Microsoft Office ◽  
The Right

Health emergencies occur in passenger cars where victims do not have immediate access to either layperson or professional, proper medical services, resulting in deterioration of their health or death. Installation of robotic first aid system for passenger-car occupants has been proposed. This study is part of a larger work of designing the system and seeks to identify the safest location inside the vehicle for it to survive any form of impact in a crash and retain the ability to assist the victims. The study population comprised 70 passenger cars (14 automakers across 7 segments) involved in road traffic accidents, which had been recovered by a roadside vehicle assistance company based in Harare, Zimbabwe, and were on the company’s premises on September 23rd, 2017. Vehicle damage was rated considering direction of force in comparison to a clock-point diagram, area damaged, and the damage severity on a scale of 1 to 7, following an official vehicle damage guide for traffic crash investigators. Data were analysed in Microsoft Office Excel 2016. In cases where vehicles were damaged in more than one area, all areas were recorded, hence 95 points of impact were analysed. Damage direct to the front denoted by 12 on the clock-point was the most common at 26%. This was compatible with the rate of frontal damage on vehicles, which was the highest at 51%, followed by the right and left sides that had 22% and 19%, respectively, the rear at 6%, and lastly the top (due to 2 recorded rollovers) at 2%. 56% of the damaged areas had a severity rating of either 5, 6, or 7. By eliminating all areas which had received damage in the study population, the robotic first aid system’s best chances of car crash survival are at the middle, towards the floor of the vehicle. It is advisable that the system does not depend on components in the proximity of the vehicle’s body as they are prone to damage in crashes. There is need for further research into the magnitude of impact that could reach the middle of different vehicles to define the strength of the robotic first aid system.

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