scholarly journals To the question of «competence» in forensic medicine and forensic medical examination

2019 ◽  
Vol 27 (1) ◽  
pp. 107-113
Author(s):  
Igor` B. Boyko

In the article a problem concerning the concept of competence in application to forensic medicine as an educational discipline and as forensic examination, which is the most common type of legal enquiry, is first considered. Modern concepts of the role of law in the forensic medicine, of the subject of this medical field and of possibilities of forensic examination are given. The author comes to the conclusion that, unfortunately, nowadays the question of forensic medicine still belongs to the category of debatable questions. This fact does not permit to agree with a widely spread opinion stating that forensic medicine has completed its formation as a scientific discipline, besides, this opinion has negative consequences for the activity of law enforcement authorities first of all the activity associated with investigation of criminal cases, consideration of civil matters, cases of administrative violations, since the competence of forensic medicine in itself determines the competence of specialists in the field of forensic medicine. And, as it is known, the latter often determines the court judgment.

2021 ◽  
Vol 22 (6) ◽  
pp. 3010
Author(s):  
Michal Szeremeta ◽  
Karolina Pietrowska ◽  
Anna Niemcunowicz-Janica ◽  
Adam Kretowski ◽  
Michal Ciborowski

Forensic toxicology and forensic medicine are unique among all other medical fields because of their essential legal impact, especially in civil and criminal cases. New high-throughput technologies, borrowed from chemistry and physics, have proven that metabolomics, the youngest of the “omics sciences”, could be one of the most powerful tools for monitoring changes in forensic disciplines. Metabolomics is a particular method that allows for the measurement of metabolic changes in a multicellular system using two different approaches: targeted and untargeted. Targeted studies are focused on a known number of defined metabolites. Untargeted metabolomics aims to capture all metabolites present in a sample. Different statistical approaches (e.g., uni- or multivariate statistics, machine learning) can be applied to extract useful and important information in both cases. This review aims to describe the role of metabolomics in forensic toxicology and in forensic medicine.


Author(s):  
Максим Владимирович Кремлев

Автор, основываясь на ранее проведенных исследованиях, определяет место и роль пенитенциарной информации в процессе раскрытия и расследования преступлений. Указывается, что пенитенциарная информация превращается в процессуальную и, соответственно, в доказательственную посредством поэтапного прохождения через комплекс действий, облеченных в формы пенитенциарного, оперативно-розыскного и процессуального законодательства. Устанавливаются наиболее уязвимые места с точки зрения содержательного наполнения и процессуального оформления получаемых в рамках режимной деятельности сведений. Таковыми выступают места «сочленения» видов деятельности. Основой для подобного рода высказывания выступает разница в нормативном регулировании, в сменяемости и целеполагании исполнителей, а также их представлении о критериях успешности выполненной работы. В качестве подтверждения выдвинутого тезиса приводится пример из правоохранительной практики использования пенитенциарной информации в процессе доказывания, имеющий негативные последствия. Предлагаются направления совершенствования получения пенитенциарной информации с целью усиления ее доказательственного потенциала. In this article, the author, based on previous research determines the place and role of penitentiary information in the process of disclosure and investigation of crimes. It is specified that penitentiary information turns into procedural and, accordingly, into proofs by means of step-by-step passing through a complex of actions exposed in forms of the penitentiary, operational-search and procedural legislation. The most vulnerable places from the point of view of substantial filling and procedural registration of the data received within regime activity are established. These are the places of “articulation” of activities. It is concluded that the basis for this kind of statement is the difference in regulatory regulation, in the turnover and goal-setting of performers, as well as their representation of the criteria for the success of the work performed. As a confirmation of the proposed thesis, an example from the law enforcement practice of using penitentiary information in the process of proving having negative consequences is given. Directions of improvement of receiving penitentiary information for the purpose of strengthening of its evidentiary potential are offered.


Author(s):  
S. I. Volodina

The paper considers the present time status of the Russian advocacy, the progress in digitalization of the legal profession and plans for the future development, as well as advocacy’s challenging issues and solu- tions. The article reviews criteria for division of advocacy’s challenging issues. The paper refers to the creation of a commemorative medal in honor of the 30th anniversary of the FSAR (Russian Federal Lawyers Union).The role in the integration of the legal profession of the famous attorney and the former head of the department of advocacy of the Kutafi n Moscow State Law University (MSAL) A. V. Kligman, in whose honor the medal was created, is described. Also, the article highlights the “Pashayev eff ect” as the legal profession antihero and shows the negative consequences to which his behavior led. Moreover, attention is paid to the Concept of the development of the legal aid market and the tasks of the legal profession. Besides topics discovered, the Author analyzes the problems of protecting the professional rights of attorneys, the example of violation of the rights is provided by the case of attorney Diana Tsipinova in 2020 and the advocacy’s attempts to achieve a positive result. The problem of creating a specialized advocacy is revealed. The question of the mandatory internship for the purpose to acquire the status of an attorney is discussed. Defenсe standards and Standards of proof are observed. An example of the successful practice in the fi eld of people’s mental health of attorney Y. L. Ershov and his role in changing the law enforcement in mentioned area is given. The role of professional development of advocacy is shown.


Author(s):  
Iryna ROZINA

The relevance of the research is related to the need for studying the character of psychosomatic disorders in adolescence, which is insufficiently investigated and requires more in-depth research, in particular designing a comprehensive program that includes a system of training exercises to overcome psychosomatic disorders. The problem of studying psychosomatic relationships is one of the most difficult problems of modern psychology and medicine, despite the fact that the close connection between mental and somatic has been studied for several centuries. Mental trauma is a leading cause of neuroses formation and progress, its pathogenic significance is determined by the complex interaction with many other factors being a result of an individual’s life, formation of his body and personality, especially in adolescence. The subject of the research is to study special features of psychosomatic disorders, as well as to design a program for adolescents with signs of neurotic disorders. The subject matter of the research is the peculiarities of psychosomatic disorders manifestation and neurotic signs in adolescence. The article presents a theoretical analysis of modern approaches in psychology to the study of psychosomatic disorders peculiarities, their classification, considering the signs of neurotic disorders in adolescence. The work analyzes age characteristics of psychosomatic disorders in adolescence. Modern adolescents are exposed to various stressors, to the impact of audiovisual information, school overload, extra classes, exams, and a special problem that is a change in quality of life and prevalence of alcoholism, smoking, drug addiction, especially drug addiction among adolescents. The complex of these factors has negative consequences both on a psychological and physical level. Most authors who study the causes of psychosomatic illnesses recognize the important role of parents in the development of mentally and physically healthy children. Many studies highlight the role of early mother-child relationships in the formation of psychosomatic pathology. Various violations of this relationship usually lead to abnormalities in a child’s development. (M. Mahler, E. T. Eidemiller, Yustitskis, D. Winnicott, M. Klein). The results of an empirical study aimed at identifying signs of psychosomatic disorders are considered. The following methods were used: observation, questionnaires, and such methods as diagnosis of neurotic disorders in adolescence (DND), diagnosis of the level of school anxiety by Phillips, “Non-existent animal” by M.Z. Drukarevich. The peculiarities of designing and testing the correction program, which is aimed at reducing the signs of neurotic manifestations in adolescence, are revealed. Objectives of the correction program are: searching for interaction of adolescents with society, finding and testing skills of effective response to external stimuli; increasing the level of self-esteem; removal of emotional tension; reducing anxiety. The results confirm the possibility of reducing the signs of neurotic manifestations of adolescents and help to delay or completely stop a possible personality disorder.


Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.


2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.


2020 ◽  
Vol 136 (4) ◽  
pp. 258-272
Author(s):  
ANETA ŁYŻWA

The subject of this study is the characteristics of Polish law enforcement authorities in the fi eld of preventing and combating the crime of traffi cking in human beings. The author points out that, based on existing legal regulations in Poland, the foremost burden related to prevention and prosecution activities of this type of crime lies within the scope of duties of the prosecutor’s offi ce, the Police, and the Border Guard. Thus, the article is devoted to a concise description of the indicated entities in terms of their legal instruments which make it possible to effectively implement the tasks and duties imposed by law and regulations upon the institutions. In the author’s assessment, the key role in the system is played by the prosecutor, who is the only authority sanctioned to make decisions on initiating the investigation and entrusting its conduct in its entirety or the indicated scope to other authorities, primarily the Police or the Border Guard. The prosecutor’s special role also results from the fact of being solely entitled to draw up and support an indictment in court in cases involving traffi cking in human beings. Nevertheless, according to the author, in practice, the main responsibility to carry out procedural and operational activities in this category of cases lies with the Police and Border Guard. The author points out that, at present, the Polish law enforcement system has appropriate instruments, both at the legal and institutional levels, ready for the effective prevention of and combat against crimes of human traffi cking. However, bearing in mind that the phenomenon of human traffi cking has, in principle, a cross-border dimension, the article highlights the aspect of international cooperation between the relevant institutions established to detect and prosecute these crimes.


Author(s):  
A. N. Khalikov

The article considers the purpose of criminalistics as an objective science. The author briefly analyzes the definitions of the subject of criminology proposed by scientists in different years. At the same time, the General trend becomes obvious — the monopolization of criminology by law enforcement agencies. With reference to the position of the Patriarch of Russian criminalistics R. S. Belkin, the author expresses his opinion that criminalistics cannot and should not serve only state law enforcement agencies. The results of forensic research can be successfully used in criminal cases by the defense party-lawyers and other representatives of suspects and accused. The article provides examples when abuses by the preliminary investigation bodies with reference to the use of criminalistics provisions led to judicial errors and bringing innocent persons to criminal responsibility. Only in court, when using the evidence presented by the parties to the defense and prosecution, obtained, including through the use of recommendations of forensic science, a criminal case can be fairly resolved. 


2020 ◽  
Vol 35 (3) ◽  
pp. 121-127
Author(s):  
A. M. Abdulatipov ◽  

The article is devoted to the study of forms and methods of financing terrorism at the present time. This article describes the role of state authorities (including law enforcement) and local governments in countering the financing of terrorism and extremism. Based on the results of the study of analytical materials and criminal cases, the most effective measures in the mechanism for countering the financing of extremist and terrorist activities have been determined. The author notes that in order to effectively counter the financing of terrorism and extremism, the relevant state authorities need to rely not only on an understanding of traditional forms and methods of financing terrorism, but also on the results of tracking constantly developing and changing new risks. Based on the research the author made a number of conclusions and proposals of theoretical and practical importance


Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 562
Author(s):  
Rena Yulia ◽  
Aliyth Prakarsa

Police institutions are the first and main gate in law enforcement efforts. First, the police institution in charge of carrying out each criminal case’s enforcement, then the next stage will be determined by the police. The practice of law enforcement so far tends to be retributive justice, so that only a few cases can be resolved in the police investigation process. Restorative justice appears by offering various advantages, including a simple settlement process, involving both parties, both perpetrators and victims, and the role of a third party to mediate, so that cases can be resolved according to the agreement. The police, as the first institution in the law enforcement process, had already issued regulations regarding the application of restorative justice, as a form of law enforcement efforts to change retributive law enforcement. The purpose of this research judicially examined the regulation of restorative justice at the police investigation phase in line with the enactment of the regulation of the Chief of Police Number: SE/8/VII/2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases and the Regulation of the Chief of the Indonesian Police Number 6 of 2019 concerning Criminal Investigation. This research used a qualitative research method with the type of normative legal research through a statutory approach


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