PRESENCE OF OBSTACLES TO SERVING A SENTENCE AS A CRIMINAL LAW FEATURE IN THE CONTEXT OF RELEASE FROM PUNISHMENT FOR ILLNESS

Author(s):  
Nazarii Polishchuk ◽  

This article analyzes and investigates the grounds, conditions and circumstances which can be considered by the court as a mandatory criminal law feature one of which is the existence of obstacles to serving a sentence of imprisonment when considering release from punishment in connection with another serious illness. It is proved that in case of impossibility to conduct a medical examination or provide medical care, such a circumstance should be taken into account by the court as a factor preventing the serving of a sentence of imprisonment. Exemption from punishment due to illness is a certain activity, the result of which is a decision of the court to release or refuse to release a particular convict. In order for the court to make an informed decision, scientists and the legislator have identified several mandatory criminal law features, including circumstances that prevent the serving of sentences, which include such an obstacle to serving a sentence in case of a serious illness of the convict. This article for the first time analyzes the previously unselected grounds, conditions and circumstances that must be considered by the court as a mandatory criminal legal sign of release from punishment in connection with another serious illness, including an obstacle to serving a sentence in case of serious illness. Analysis of the conditions and procedure for keeping convicts in ordinary (nonmedical) correctional facilities allows us to conclude that a serious illness prevents the implementation of punitive measures in institutions not intended for the use of medical measures (therapeutic effects). This conclusion generally applies to punishment in the form of arrest, during which the convict is also in conditions of severe isolation from society.

2007 ◽  
Vol 22 (5) ◽  
pp. 431-435 ◽  
Author(s):  
Kazuyuki Yazawa ◽  
Yukihiro Kamijo ◽  
Ryuichi Sakai ◽  
Masahiko Ohashi ◽  
Mafumi Owa

AbstractIntroduction:The Suwa Onbashira Festival is held every six years and draws approximately one million spectators from across Japan. Men ride the Onbashira pillars (logs) down steep slopes.At each festival, several people are crushed under the heavy log. During the 2004 festival, for the first time, a medical care system that coordinated a medical team, an emergency medical service, related agencies, and local hospitals was constructed.Objective:The aims of this study were to characterize the spectrum of injuries and illness and to evaluate the medical care system of this festival.Methods:The festival was held 02 April–10 May 2004. The medical records of all of the patients who presented to an on-site medical tent or who were treated at the scene and transported to hospitals over a 12-day period were reviewed.The following items were evaluated: (1) the emergency medical system at the festival; (2) the environmental circumstances; and (3) patient data.Results:All medical usage rates are reported as patients per 10,000 attendees (PPTT). A total 1.8 million spectators attended the festival during the 12-day study period; a total of 237 patients presented to the medical tent (1.32 PPTT), and 63 (27%) were transferred to hospitals (0.35 PPTT). Of the total, 135 (57%) suffered from trauma—two were severely injured with pelvic and cervical spine fractures; and 102 (43%) had medical problems including heat-related illness.Conclusions:Comprehensive medical care is essential for similar mass gatherings. The appropriate triage of patients can lead to efficient medical coverage.


Author(s):  
А.Т. Kazbekova ◽  

The article is based on the analysis of archival documents introduced into scientific circulation for the first time and examines the process of economic and labor settlement of special settlers-Chechens who were subjected to repeated internal resettlement in the Zyryanovsky district (now the Altai district) East Kazakhstan region in the first years of settlement. Тhe study identified the main problems faced by special settlers-Chechens in the Zyryanov district. Social and living conditions of special settlers were reconstructed. Housing conditions, medical care and everyday life are considered. On the basis of the studied materials, the attitude of special settlers to new living conditions and the host society to the special component is shown. The author, relying on archival materials, comes to the conclusion that repeated internal migrations of special settlers-Chechens did not solve social problems.


2018 ◽  
Vol 2 (83) ◽  
pp. 45
Author(s):  
Uldis Ķinis

On January 2018 significant amendments to the Criminal Law and the Law On the Procedure for Application of the Criminal Law came into force in Latvia. These changes not only in the first time introduce the criminal responsibility for the emotional violence, but also determine the procedure for assessing emotional disparity, equating the effects to telepathic injuries.In the article, the author reviews a modality of crime “persecution” - cyber-persecution. Although the legislator in the annotation of the law provides that the article also shall be applicable to acts committed in cyberspace, at the same time, the author indicates some problems that may arise due to the narrow interpretation of the law by the law enforcement. The purpose of the article is to study the object (protected legitimate interest) and the objective side (actus reus) of the offense - cyber-stalking. For purposes of research, several methods have been used. The method of comparative analysis, for examination and comparison of external and international regulations. Methods of legal interpretation used to disclose the differences between the understanding of the written text of the definition of the crime and what ought to be understood in the meaning of the norm. Finally, the author presents the conclusions and proposals on the application of the norm.


Author(s):  
Biljana Gavrilović ◽  

The subject of the analysis is security measures according to the Yugoslav Criminal Code from 1929. Namely, the importance of the analysis of security measures from the Criminal Code from 1929 is reflected in the fact that it made a turning point in the development of criminal law in Serbia, given that it for the first time had prescribed security measures in the register of criminal sanctions. Therefore, the goal is to point out the bases on which the current system of criminal sanctions is built, through the analysis of security measures from the Criminal Code from 1929.


Author(s):  
Tiyanjana Maluwa

The chapter discusses the concepts of shared values and value-based norms. It examines two areas of international law that provide illustrative examples of contestation of value-based norms: the fight against impunity under international criminal law and the debates about the responsibility to protect. It argues that the African Union’s (AU) difference of view with the International Criminal Court (ICC) over the indictment of Omar Al-Bashir is not a rejection of the non-impunity norm, but of the context and sequencing of its application. As regards the right of intervention codified in the Constitutive Act of the AU, Africans states responded to the failure of the Security Council to invoke its existing normative powers in the Rwanda situation by establishing a treaty-based norm of intervention, the first time that a regional international instrument had ever done so. Thus, in both cases one cannot speak of a decline of international law.


2017 ◽  
Vol 2 (1) ◽  
pp. 123
Author(s):  
Endang Kusuma Astuti

The relationship between doctor and patient is not equal. The relationship between doctor and patient gave birth to the legal aspects of which object of inspanningsverbintenis is maximum efforts for the recovery / maintaining the health of patients which performed with caution based on the knowledge and experience of the doctor to seek recovery of the patient. Legal relationship between doctor and patient in medical care effort began when the patient filed a complaint which responded to by a doctor. Doctor’s responsibility in medical services efforts include ethical, professional, and legal responsibility, which covers doctor’s responsibility related to criminal law, civil law and administrative law


2019 ◽  
Vol 65 (3) ◽  
pp. 51-63 ◽  
Author(s):  
Artur Adamczak ◽  
Mariola Dreger ◽  
Katarzyna Seidler-Łożykowska ◽  
Karolina Wielgus

Summary Fireweed (Epilobium angustifolium L., Onagraceae) is one of important medicinal plants used especially in the treatment of urogenital disorders, including benign prostatic hyperplasia (BPH) and prostatitis. The therapeutic effects of E. angustifolium extracts comprise antiproliferative, anti-inflammatory, immunomodulatory, antioxidant, and also antimicrobial activities. The aim of the present review was to provide the information on the botany, phytochemistry and traditional uses of E. angustifolium. This plant is a widespread circumboreal species of North America and Eurasia, tolerant in terms of habitat conditions, and often occupying man-made open habitats. Phytochemical studies on E. angustifolium resulted in the identification of about 250 different metabolites, including about 170 substances found for the first time in this plant in the last six years (2014–2019). Fireweed has an abundance of polyphenolic compounds, particularly ellagitannins. Oenothein B and quercetin-3-O-glucuronide are proposed as markers for the identification and standardization of the plant raw material. E. angustifolium exhibits significant phytochemical variability in relation to the geographical origin, plant part and time of harvest/vegetation phase. Survey of the ethnobotanical literature showed that the above-mentioned species has been widely used not only as a medicinal, but also as an edible, honey and decorative plant.


2017 ◽  
Vol 313 (1) ◽  
pp. C80-C93 ◽  
Author(s):  
Xianyang Li ◽  
Lihong He ◽  
Qing Yue ◽  
Junhou Lu ◽  
Naixin Kang ◽  
...  

Mesenchymal stem cells (MSCs) have the potential to treat various tissue damages, but the very limited number of cells that migrate to the damaged region strongly restricts their therapeutic applications. Full understanding of mechanisms regulating MSC migration will help to improve their migration ability and therapeutic effects. Increasing evidence shows that microRNAs play important roles in the regulation of MSC migration. In the present study, we reported that miR-9-5p was upregulated in hepatocyte growth factor -treated MSCs and in MSCs with high migration ability. Overexpression of miR-9-5p promoted MSC migration, whereas inhibition of endogenous miR-9-5p decreased MSC migration. To elucidate the underlying mechanism, we screened the target genes of miR-9-5p and report for the first time that CK1α and GSK3β, two inhibitors of β-catenin signaling pathway, were direct targets of miR-9-5p in MSCs and that overexpression of miR-9-5p upregulated β-catenin signaling pathway. In line with these data, inhibition of β-catenin signaling pathway by FH535 decreased the miR-9-5p-promoted migration of MSCs, while activation of β-catenin signaling pathway by LiCl rescued the impaired migration of MSCs triggered by miR-9-5p inhibitor. Furthermore, the formation and distribution of focal adhesions as well as the reorganization of F-actin were affected by the expression of miR-9-5p. Collectively, these results demonstrate that miR-9-5p promotes MSC migration by upregulating β-catenin signaling pathway, shedding light on the optimization of MSCs for cell replacement therapy through manipulating the expression level of miR-9-5p.


2014 ◽  
Vol 13 (1) ◽  
Author(s):  
Douglas L Hill ◽  
Victoria Miller ◽  
Jennifer K Walter ◽  
Karen W Carroll ◽  
Wynne E Morrison ◽  
...  

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