Deliberate causing a catastrophe or its direct danger in road traffic. Controversy as regards the legal qualification of the crime

2017 ◽  
Vol 297 ◽  
pp. 79-86
Author(s):  
Kazimierz J. Pawelec ◽  
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
Terrorist Attack ◽  
The Other ◽  
Road User ◽  
Criminal Prosecution ◽  
Controversial Issues ◽  
Criminal Offense ◽  
The Subject ◽  
Polish Law

Causing a catastrophe in road traffic or the direct danger of its occurrence by deliberate misconduct has been a subject of disputes in both judicature and in science. In principle it was excluded that such a catastrophe or its immediate danger might be committed purposefully, with a direct intent, unless it involved a criminal offense, such as a terrorist attack that might consist in a multiple manslaughter, diversion or sabotage. On the other hand, committing the said offenses intentionally, but just with a prospective intent, consisting essentially in the ability of anticipation of the outcome and consenting to it in practice, occurred rarely and has not been excluded but conditioned by occurrence a few factual circumstances that required conducting a reasoning process. This problem is discussed in the hereby article, which presents difficult and controversial issues, occurring not only in the Polish law. It presents the basic issues in the process of recognising the statutory signs of the crime of causing a catastrophe and its immediate danger, the subject matter of the identified offenses, their subject party and the coincidences of the law. It signals the existence of numerous difficulties of evidential nature with regard to determining guilt of a perpetrator who is not always a road user, even though linked with it indirectly. These considerations may be particularly useful for practitioners dealing with such types of crime, including criminal prosecution of traffic accidents.

A Study of the Investigation of Death (Coroner System) in Sri Lanka

2003 ◽  
Vol 43 (3) ◽  
pp. 236-240 ◽  
Author(s):  
R Fernando
Keyword(s):  
Coronary Heart Disease ◽  
Heart Disease ◽  
Sri Lanka ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Head Injuries ◽  
The Other ◽  
Road Traffic Accidents ◽  
Natural Death ◽  
Early Nineteenth Century

Sri Lanka (Ceylon) inherited the `coroner system' of investigating death in the early nineteenth century. Unlike in England and Wales, the coroner system in Sri Lanka did not change much in the last century. This study, the first of its kind, was performed for a period of three months in 1995 to analyse the causes and circumstances of deaths reported for inquest, and the number of autopsies performed. Of the 868 cases reported to the Inquirer, the circumstances were not determined in 94 cases at the initial inquest proceedings. Of the other 774 cases, 454 (58.7%) were natural deaths. Autopsies were performed on 44.5% of natural deaths, 58.2% of accidental deaths, 96% of road traffic accidents, 44.9 % of suicides and 81.6% of homicides. Coronary heart disease was the leading cause of natural death (33.9%). Head injuries were responsible for 31.8% of accidental deaths while burns accounted for 24.5% of accidental deaths and 46.3% of suicides. There were 38 cases (4.9%) of homicide of which autopsies were performed in 31. There is an urgent need to reform the century-old laws relating to inquest procedures in the country.

scholarly journals ROAD SAFETY CAMPAIGNS TO REDUCE TRAFFIC ACCIDENTS FOR YOUNG ROAD USERS

ICCD ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 601-606
Author(s):  
Widodo Budi Dermawan ◽  
Dewi Nusraningrum
Keyword(s):  
School Environment ◽  
Road Safety ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Road Traffic ◽  
School Administrators ◽  
Road User ◽  
The Road ◽  
Road Users ◽  
Accident Data

Every year we lose many young road users in road traffic accidents. Based on traffic accident data issued by the Indonesian National Police in 2017, the number of casualties was highest in the age group 15-19, with 3,496 minor injuries, 400 seriously injured and 535 deaths. This condition is very alarming considering that student as the nation's next generation lose their future due to the accidents. This figure does not include other traffic violations, not having a driver license, not wearing a helmet, driving opposite the direction, those given ticket and verbal reprimand. To reduce traffic accident for young road user, road safety campaigns were organized in many schools in Jakarta. This activity aims to socialize the road safety program to increase road safety awareness among young road users/students including the dissemination of Law No. 22 of 2009 concerning Road Traffic and Transportation. Another purpose of this program is to accompany school administrators to set up a School Safe Zone (ZoSS), a location on particular roads in the school environment that are time-based speed zone to set the speed of the vehicle. The purpose of this paper is to promote the road safety campaigns strategies by considering various campaign tools.

scholarly journals Human factor and traffic safety

2017 ◽  
Vol 18 (7-8) ◽  
pp. 49-52
Author(s):  
Ewa Brożyna
Keyword(s):  
Traffic Safety ◽  
Traffic Engineering ◽  
Traffic Management ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Human Person ◽  
Road Transport ◽  
Transport Infrastructure ◽  
Road User ◽  
Road Design

This article deals with issues in the field of traffic engineering. According to its assumptions, traffic is a system consisting of three inseparable elements which are man, vehicle and road. In this article, the author focuses on the relationship between two of these elements: human as a road user and a path that should be a subordinate of the user’s capabilities and convenience. The first part of the article is an introduction to the topic of the article. There are presented the data on the amount of road traffic accidents caused by human factors and the categories of errors committed by drivers. In the further part there were analyzed the biological factors which have influence on driver’s actions such as sight, attention and reaction time with particular emphasis on the imperfections of those factors which should be taken into account when designing roads and organizing traffic because it lets to provide a higher level of road safety. The purpose of this article is to develop practical conclusions for road design and traffic management that will help to better adjust the road transport infrastructure to the capabilities and natural limitations of the human person. These conclusions are included in the summary.

Alcohol in Medicolegal Cases Seen at Jordan University Hospital

1998 ◽  
Vol 38 (1) ◽  
pp. 70-73 ◽  
Author(s):  
K A Hadidi ◽  
A H Battah ◽  
S Hinnawi
Keyword(s):  
Traffic Accidents ◽  
Alcohol Intake ◽  
Road Traffic ◽  
The Other ◽  
University Hospital ◽  
Blood Alcohol ◽  
Road Traffic Accidents

The magnitude of alcohol-associated incidents in relation to medicolegal cases, including road traffic accidents and acts of violence, has not been evaluated in Jordan. Between 1993 and 1995, 825 such cases received at Jordan University Hospital were screened for the presence of alcohol. Blood alcohol was positive in 9.1% of vehicle passengers, 9.6% of pedestrians, 12.4% of cases involving violence, 13.6% of drivers, 65% of cases brought by police and in 12.5% of other cases. Blood alcohol concentrations (BAC) ranged from 10–350 mg/dL. BAC of more than 50 mg/dL was found in 65% and 55% of driver and violence cases respectively, and in 33% to 69% of the other categories. Alcohol may have contributed to some of these incidents. In cases with positive BAC, prior alcohol intake was frequently denied. There was no association between cases with positive BAC and a particular time, date or occasion.

War and Violence, History and Memory: The Philippine Experience of the Second World War

2001 ◽  
Vol 29 (3) ◽  
pp. 457-470 ◽  
Author(s):  
Ricardo T. José
Keyword(s):  
The Philippines ◽  
Second World War ◽  
The Other ◽  
Controversial Issues ◽  
World War ◽  
History And Memory ◽  
War Memories ◽  
The Subject ◽  
Violence History ◽  
Second World

AbstractThe subject of War and Memory in the Philippines remains a sensitive topic in the Philippines today. Many controversial issues about the Second World War remain subjects of debate, among them collaboration with the Japanese; Japanese war responsibility; American responsibility for the failed defense of the Philippines, and others. In one sense, the war in the Philippines has left an ambiguous legacy which leads to conflicting war memories and commemorations, particularly in the light of present conditions and evolving relationships with the other countries involved.

scholarly journals Epidemiological Study of Road Traffic Accidents in Japan during 2010-2019

2021 ◽  
Vol 2 (2) ◽  
pp. 118-123
Author(s):  
Muhammad Husnul Khuluqi ◽  
Meily L Kurniawidjaja
Keyword(s):  
Epidemiological Study ◽  
Significant Relationship ◽  
Road Traffic Accident ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Road User ◽  
Road Traffic Accidents ◽  
Serious Injury ◽  
Epidemiological Characteristics

The study aimed to determine epidemiological characteristics of road traffic accidents in Japan during the year 2010-2019. A cross-sectional descriptive study depended on a retrospective analysis of road traffic accident data that were obtained from the National Police Agency (NPA) for the years 2010 – 2019 in Japan. The relationship of road traffic accident consequences as dependent variables with age, road user type, helmet, and seatbelt use as independent variables during the studied years was analyzed with Chi-square test. The case fatality rate has been declining every year from 3.88 in 2010 to 2.54 per 100,000 persons. More than half of fatality cases have occurred among the elderly. There was a statistically significant relationship between road user type and accident severities. 36.21% fatality occurred in pedestrians. Otherwise, 27.61% of motor vehicle occupants were dominant in serious injury cases and 66.87% in slight injury cases. Most of the casualties revealed for fatality cases were in the head, whereas the leg part was dominant in serious injury cases and the neck region was raised in slight injuries. There was a significant relationship between the use of helmets and seat belt use with casualties of road traffic accidents. There was a declined trend of road traffic accidents in Japan during 10 years of study. The result of the epidemiological study could be a valid consideration for the design of road safety policy in the future.

scholarly journals Patterns and characteristics of injuries encountered in road traffic accidents and effect of pre-hospital care on their outcome: a tertiary-hospital study in Lahore, Pakistan

2019 ◽  
Vol 6 (7) ◽  
pp. 2755
Author(s):  
Maryam Ikram ◽  
Rida Fatima ◽  
Anam Ikram ◽  
Farheen Shahid ◽  
Maham Rafiq ◽  
...  
Keyword(s):  
Hospital Care ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Early Recognition ◽  
Public Health Problem ◽  
Road User ◽  
Published Data ◽  
High Morbidity ◽  
Major Public Health Problem ◽  
Road Traffic Accidents

Background: Road traffic accidents are the eighth leading cause of death worldwide, contributing significantly to the global disease burden. As there is a paucity of published data on RTAs in Lahore, this study was carried out to highlight injuries encountered in RTA victims and provide baseline data for the establishment of prevention strategies in our locality.Methods: This is a descriptive cross-sectional study of RTA victims admitted in Mayo Hospital, Lahore to determine factors associated with RTAs, characteristics, and outcomes of injuries sustained and effect of Pre-hospital care in determining the outcome.Results: Out of total 100 subjects recruited, 89 were males and 11 females. Ages of patients ranged from 5 to 70 years with the most injured age group ranging between 11-30 years (59%). Motorcyclists were found as the most vulnerable road user group (61%). Most of the accidents occurred because of a collision with another vehicle (45%). 65 victims received pre-hospital care en route to Mayo Hospital, which was found effective in preventing major disabilities in 81% of cases (53 out of 65). Incidence of Musculoskeletal injuries was highest (55%). Most patients (86%) were discharged without permanent disabilities. No patient died during our study.Conclusions: This study shows road traffic accident is a major public health problem in our setting and contribute markedly to high morbidity. Urgent preventive measures should be established to reduce the risk of their occurrence. Early recognition and prompt treatment are important for the survival of the victims.

scholarly journals A study of injury characteristics in road traffic accidents by different road user category

2016 ◽  
Vol 4 (1) ◽  
pp. 395 ◽  
Author(s):  
Subham Lilhare ◽  
Manish Swarnkar
Keyword(s):  
High Speed ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Medical Science ◽  
Road User ◽  
Economic Losses ◽  
Road Traffic Accidents ◽  
Injury Characteristics ◽  
Craniocerebral Injuries ◽  
Working Age

Background:Trauma is one of the oldest subjects in medical science because it appeared just as early as human being came to the earth. At the same time trauma is also a novel subject, because trauma has been strikingly increasing with the high-speed development of economical construction, traffic transport and sharp increase of vehicles in number. Therefore, trauma is called the twin brother of the modem civilization. Accidents occur not only due to ignorance but also due to carelessness, thoughtlessness and over confidence. Human, vehicular and environmental factors play role before, during and after a road traffic accidents (RTA). Road traffic injuries are partially predictable and hence preventable.Methods: this was prospective observational study in which all cases of road traffic accident victims admitted to the hospital (AVBRH) between July 2014 to September 2016, were analyzed statistically with respect to their demographic profile, injury characteristics and outcome.Results:This study showed that motorcyclists were predominantly affected (77.3%) in RTA. Males (80.67%) in the working age group 21-40 years (64.66%) were most commonly affected leading to huge economic losses to their families. Majority RTA took place between 4pm to 12am (57.33 %), on Sundays and Saturday (41.66%) and during summer season (52.67%). Extremity injury (67%) was the most common injury followed by craniocerebral injuries (58.33%). Maximum mortality was seen in LMV/HMV occupants (25%).Conclusions:Road traffic accidents are preventable. Strict traffic laws and penalties have to be imposed to curb this ever growing menace.

scholarly journals Kebijakan Formulasi Pertanggungjawaban Pidana Terhadap Korporasi

2015 ◽  
Vol 3 (1) ◽  
pp. 75
Author(s):  
Husni Husni
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Other ◽  
Criminal Prosecution ◽  
Law System ◽  
Legal Code ◽  
Corporate Body ◽  
Perspective Change ◽  
The Subject

According to criminal law regulation, the human is only the subject to be blamed in term of criminal action. A human can be as a guilty party of any criminal case. . However, this regulation has been abandoned by the Indonesian law system because of the perspective change that beside human, the corporate bodies are also as the subject of guilty party if the legal regulation is specificly determined by Legal Code in term of specific case. Therefore, based on the legal regulation, the corporate bodies are treated as equal as human in term of the subject of lawsuit so the , the rejection of prosecution toward corporate bodies based on Delinguere University’s doctrine- non potest has been changed by accepting the concept of functional doer. (fungtioneel daderschap). Although the constitution considers the corporate bodies as the subject of the lawsuit, the responsibility of criminal prosecution will be treated in a different ways from humans as a subjet of lawsuit. Although the corporate bodies can be prosecuted, the issue in implementing the case still remains due to the variation of the terminology used. Additionally, the other challenge is because the regulation implemented relating to corporate bodies’ lawsuit is still not determined specifically in criminal code. It is also insufficient and inconsistent prosecution regulation regarding to corporate body lawsuit.

USLUGA NAMIRENJA IMOVINSKOPRAVNOG ZAHTEVA

2021 ◽  
Author(s):  
Marija Milojević ◽  
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
Controversial Issues ◽  
Criminal Offence ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Subject ◽  
Compensation For Damage

The paper presents a continuation of the research on the problem of realization of compensation for damage caused by the commission of criminal offense. In the first paper created within the same project, the author laid the foundations of the problem, dealing with the theoretical notion of damage caused by a criminal offense, the notion of civil torts and tortious liability, and the distinction between the notion of damage and the consequence of a criminal offence. This time, the author will concentrate on settling the receivables for damages by presenting the entire path that one claim for damages should take. Namely, obtaining a property claim should occur primarily in criminal proceedings, but it is most often adjudicated in litigation because in most cases the subject entitled to it is referred to litigation in order to exercise his right to compensation. After the judgement in the civil procedure is rendered, which orders the defendant-convict in the criminal procedure to compensate the caused damage either by compensating the damage in money or by returning the thing, or by annulling a certain legal deal, the concrete execution of the verdict in the executive procedure begins. While studying the manner of collecting the claims of the entitled subject through all three different procedures for the damage caused by the commission of criminal offense, the author also deals with controversial issues that may arise (the issue of statute of limitations for property claim, the issue of subjects who may be holders of property claims, the adequacy of the procedure in which the property claim is exercised, the means of execution of a monetary claim for damages caused by the commission of criminal offense, etc.).

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