scholarly journals The barrier between irresponsibility and responsibility. considerations regarding the forensic psychiatric expertisein criminal law

2021 ◽  
pp. 157-163
Author(s):  
Marcela Somicu ◽  
Keyword(s):  
Mental Illness ◽  
Deviant Behavior ◽  
Criminal Liability ◽  
Causal Link ◽  
Point Of View ◽  
Mental Disability ◽  
Forensic Psychiatric ◽  
The Moment ◽  
Pathological Personality Traits ◽  
Operational Logic

The irresponsibility from a medico-legal point of view is supported by the following criteria: non-formation of critical discernment; severe psycho-sensory or mental disability; altering the levels of elementary consciousness and operational logic; the psychopathological motivation of the moment of committing the antisocial act and of the deviant behavior in general; there is a direct causal link between the pathological personality traits and the crime committed; the forensic onset of mental illness; mental incapacity Analyzing all the above and referring to the topic studied in this paper, we can not fail to refer to how it contributes to the mental illness of a person who has committed a crime on determining his state of responsibility or irresponsibility, because this state determines whether or not the person is liable to criminal liability and, respectively, the punishment to be applied. In order to determine whether a person acted with discernment, ie he realized the degree of social danger posed by the act committed and was able to distinguish between what is permitted and what is not permitted by law, it is necessary the conclusions of some specialists.

scholarly journals Problematic issues of Criminal and Criminal Procedural Legislation in Applying Coercive Medical Measures

2020 ◽  
Vol 89 (2) ◽  
pp. 258-270
Author(s):  
D. V. Turenko
Keyword(s):  
Mental Illness ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Modern Development ◽  
Procedural Code ◽  
Forensic Psychiatric ◽  
Main Component

The author of the article proves that the possibility for a court to apply coercive medical measures to an insane person who has committed a socially dangerous act is regulated by the norms of the law on criminal liability and the provisions of the criminal procedural legislation of Ukraine. Their implementation is carried out in the interaction of substantive and procedural law, in particular in certain forms of criminal liability and in measures that are not covered by criminal liability, but are called criminal coercion, and is resolved through individual procedural institutions. The scientific positions of certain scholars and representatives of scientific schools on these issues were studied. On their basis the author expressed a number of own conclusions on problematic and debatable areas and issues raised in the article. Based on the results, the author of the article made some conclusions about the application of coercive medical measures: establishing the fact of committing a criminal offense by a specific person; after a forensic psychiatric examination to determine that such a person is mentally ill and according to its results cannot be sane; such a person is socially dangerous to society and must be isolated for the period of involuntary treatment. In the absence of at least one of the elements of the specified structure, coercive medical measures cannot be applied. The author made generalization, based on the initial provision that the main component of criminal liability is the conviction of a person, the adoption of a court conviction, which provides a legal assessment of the act and the specific person who committed it. Comparison of the current criminal and criminal procedural legislation provides an opportunity to assess coercive medical measures by coercive measures of a criminal law nature, as those used in criminal law relations against persons who committed a socially dangerous act, are ill with certain types of mental illness at the moment of the commission of a crime. The tendency of modern development of the direction in criminal law about delimitation of concepts and essence of "release of the person from criminal liability" and "punishment" from "exclusion of such responsibility" and existence and allocation at the same time of other direction - "criminal coercion" is distinguished. At the same time, the conclusions concerning persons who fell ill with a mental illness after the commission of a crime or while serving a sentence in places of imprisonment that relate to the procedural mechanism of temporary suspension of the imposed criminal punishment, were singled out. The results of the study of criminal and criminal procedural legislation on the application of coercive medical measures confirm and present the mechanism of interaction and implementation of substantive and procedural legislation to ensure the objectives of criminal proceedings under the Art. 1 of the Criminal Code and the Art. 2 of the Criminal Procedural Code of Ukraine.

scholarly journals Criminal liability for illegal transplantation: past, present, future

2021 ◽  
Author(s):  
S. V. Grynchak
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Causal Link ◽  
Systematic Change ◽  
Human Organs ◽  
Significant Harm ◽  
The Subject ◽  
The Moment ◽  
The Impact ◽  
Subjective Side

Transplantation of human anatomical materials is an important method of treatment aimed at restoring human health, so improving the criminal law regulation of combating illegal transplantation is certainly important. This article provides a comprehensive scientific and practical analysis of the formation, development and reform of legislation that provides transplantation of anatomical materials to humans. To do this, the author systematically studied the regulatory legislation in the field of transplantation and the changes that have taken place in it, identified all the changes made to Art. 143 of the Criminal Code of Ukraine during its validity, the impact of these changes on the practice of application of Art. 143 of the Criminal Code of Ukraine. The study of the legal support of transplantation was conducted through three main stages of transformation of legislation during the independence of Ukraine. This allowed us to draw the following conclusions: 1) the subject of the crimes under Art. 143 today is human anatomical materials. This means that, in addition to human organs or tissues, it covers anatomical formations, human cells and human fetal materials; 2) the systematic change of regulatory legislation in the field of transplantation complicates the establishment of the current procedure and conditions of transplantation of human anatomical materials, and, as a consequence, complicates the detection of signs of illegal transplantation; 3) the current corpus delicti provided in Part 1 of Art. 143 of the Criminal Code, is material, which requires the establishment, in addition to the act, socially dangerous consequences (significant harm to the victim) and the causal link between the act and the consequence; 4) the subjective side of the crime provided by part 1 of Art. 143 of the Criminal Code, from the moment of adoption of the Criminal Code of Ukraine until December 28, 2019, both intentional and negligent violation of the statutory procedure for transplantation of human anatomical materials was criminally punished, and from December 29, 2019, the act can only be intentional and the attitude to consequences only negligent; 5) since the adoption of the Criminal Code of Ukraine and until now, the legislator has twice increased the penalties for crimes under Art. 143 of the Criminal Code. In the final case, the penalty was increased for all sanctions under Art. 143 of the Criminal Code without exception.

Chelovek.RU/Человек.RU

Chelovek RU ◽  
2020 ◽  
pp. 18-53
Author(s):  
Sergei Avanesov ◽  
Keyword(s):  
Family History ◽  
Great Distance ◽  
Point Of View ◽  
The Past ◽  
Russian Philosopher ◽  
True Meaning ◽  
The Future ◽  
Pavel Florensky ◽  
The Moment

Abstract. The article analyzes the autobiography of the famous Russian philosopher, theologian and scientist Pavel Florensky, as well as those of his texts that retain traces of memories. According to Florensky, the personal biography is based on family history and continues in children. He addresses his own biography to his children. Memories based on diary entries are designed as a memory diary, that is, as material for future memories. The past becomes actual in autobiography, turns into a kind of present. The past, from the point of view of its realization in the present, gains meaning and significance. The au-thor is active in relation to his own past, transforming it from a collection of disparate facts into a se-quence of events. A person can only see the true meaning of such events from a great distance. Therefore, the philosopher remembers not so much the circumstances of his life as the inner impressions of the en-counter with reality. The most powerful personality-forming experiences are associated with childhood. Even the moment of birth can decisively affect the character of a person and the range of his interests. The foundations of a person's worldview are laid precisely in childhood. Florensky not only writes mem-oirs about himself, but also tries to analyze the problems of time and memory. A person is immersed in time, but he is able to move into the past through memory and into the future through faith. An autobi-ography can never be written to the end because its author lives on. However, reaching the depths of life, he is able to build his path in such a way that at the end of this path he will unite with the fullness of time, with eternity.

The Revolutionizing of the Revolution

2017 ◽  
Author(s):  
R. R. Palmer
Keyword(s):  
French Revolution ◽  
Point Of View ◽  
Strict Sense ◽  
French Government ◽  
Thing In Itself ◽  
Set Up ◽  
The Moment ◽  
The French Revolution ◽  
The Revolution

In 1792, the French Revolution became a thing in itself, an uncontrollable force that might eventually spend itself but which no one could direct or guide. The governments set up in Paris in the following years all faced the problem of holding together against forces more revolutionary than themselves. This chapter distinguishes two such forces for analytical purposes. There was a popular upheaval, an upsurge from below, sans-culottisme, which occurred only in France. Second, there was the “international” revolutionary agitation, which was not international in any strict sense, but only concurrent within the boundaries of various states as then organized. From the French point of view these were the “foreign” revolutionaries or sympathizers. The most radical of the “foreign” revolutionaries were seldom more than advanced political democrats. Repeatedly, however, from 1792 to 1799, these two forces tended to converge into one force in opposition to the French government of the moment.

Basic principles of Russian foreign policy under Vladimir Putin

Upravlenie ◽  
2020 ◽  
Vol 8 (4) ◽  
pp. 116-122
Author(s):  
Sadeghi Elham Mir Mohammad ◽  
Ahmad Vakhshitekh
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
World Order ◽  
Policy Decision ◽  
Point Of View ◽  
Russian Foreign Policy ◽  
National Interests ◽  
Basic Principles ◽  
Interstate Relations ◽  
The Moment

The article considers and analyses the basic principles and directions of Russian foreign policy activities during the presidency of V.V. Putin from the moment of his assumption of the post of head of state to the current presidential term. The authors determine the basic principles of Russia's foreign policy in the specified period and make the assessment to them. The study uses materials from publications of both Russian and foreign authors, experts in the field of political science, history and international relations, as well as documents regulating the foreign policy activities of the highest state authorities. The paper considers the process of forming the priorities of Russia's foreign policy both from the point of view of accumulated historical experience and continuity of the internal order, and in parallel with the processes of transformation of the entire system of international relations and the world order. The article notes the multi-vector nature of Russia's foreign policy strategy aimed at developing multilateral interstate relations, achieving peace and security in the interstate arena, actively countering modern challenges and threats to interstate security, as well as the formation of a multipolar world. The authors conclude that at present, Russia's foreign policy activity is aimed at strengthening Russia's prestige, supporting economic growth and competitiveness, ensuring security and implementing national interests. Internal political reforms contribute to strengthening the political power of the President of the Russian Federation and increasing the efficiency of foreign policy decision-making.

L’absence chez Michel Butor. L’Emploi du temps et Degrés

2012 ◽  
pp. 66-80
Author(s):  
Michał Mrozowicki
Keyword(s):  
Human Memory ◽  
Point Of View ◽  
Narrative Discourse ◽  
The Novel ◽  
Michel Butor ◽  
Starting Point ◽  
One Year ◽  
The Moment ◽  
Narrative Mode ◽  
The City

Michel Butor, born in 1926, one of the leaders of the French New Novel movement, has written only four novels between 1954 and 1960. The most famous of them is La Modification (Second thoughts), published in 1957. The author of the paper analyzes two other Butor’s novels: L’Emploi du temps (Passing time) – 1956, and Degrés (Degrees) – 1960. The theme of absence is crucial in both of them. In the former, the novel, presented as the diary of Jacques Revel, a young Frenchman spending a year in Bleston (a fictitious English city vaguely similar to Manchester), describes the narrator’s struggle to survive in a double – spatial and temporal – labyrinth. The first of them, formed by Bleston’s streets, squares and parks, is symbolized by the City plan. During his one year sojourn in the city, using its plan, Revel learns patiently how to move in its different districts, and in its strange labyrinth – strange because devoid any centre – that at the end stops annoying him. The other, the temporal one, symbolized by the diary itself, the labyrinth of the human memory, discovered by the narrator rather lately, somewhere in the middle of the year passed in Bleston, becomes, by contrast, more and more dense and complex, which is reflected by an increasinly complex narration used to describe the past. However, at the moment Revel is leaving the city, he is still unable to recall and to describe the events of the 29th of February 1952. This gap, this absence, symbolizes his defeat as the narrator, and, in the same time, the human memory’s limits. In Degrees temporal and spatial structures are also very important. This time round, however, the problems of the narration itself, become predominant. Considered from this point of view, the novel announces Gerard Genette’s work Narrative Discourse and his theoretical discussion of two narratological categories: narrative voice and narrative mode. Having transgressed his narrative competences, Pierre Vernier, the narrator of the first and the second parts of the novel, who, taking as a starting point, a complete account of one hour at school, tries to describe the whole world and various aspects of the human civilization for the benefit of his nephew, Pierre Eller, must fail and disappear, as the narrator, from the third part, which is narrated by another narrator, less audacious and more credible.

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

Emulsion Stability Evaluation Using Fractal Dimensions Approach

2007 ◽  
Vol 555 ◽  
pp. 177-182 ◽  
Author(s):  
Snezana Pašalić ◽  
P.B. Jovanić ◽  
B. Bugarski
Keyword(s):  
Visual Information ◽  
Emulsion Stability ◽  
Fractal Dimensions ◽  
Ccd Camera ◽  
Point Of View ◽  
Stable Region ◽  
Stability Evaluation ◽  
Water Emulsion ◽  
The Moment ◽  
Oil In Water Emulsion

There are many developed strategies for evaluating emulsion stability, aimed at determining the life circle of emulsions. Most of them are based on rheological properties of emulsions. There are, however, very few based on direct emulsion observations. In this paper we present a developed method for the emulsion stability evaluation by direct observation of optical emulsion properties. We propose the fractal dimension approach as a stability quantification measure. The method is based on the measure of emulsion transmittance properties, which are directly dependent on the emulsion stability at the moment of measurement. The oil in water emulsion was used as a test emulsion. The system is classified as stable emulsion and our intention was to find the moment when it starts to break. Emulsion transmittance properties were measure applying a system for acquisition of visual information, which is based on a CCD camera and a fast PC configuration equipped with the capturing software. The acquired sets of visual information were analyzed by the OZARIA software package. The fractal dimensions were determined by the box counting method. For these experiments, 100 boxes of different sizes were used. Experimental emulsions were measured after 7, 14, 21 and 28 days from the moment of creation. A slight increase in fractal dimensions was observed, which indicates that the emulsions are still in the stable region, or from the fractal point of view emulsion are still regular and no significant irregularities were observed. From the first experiments the applied methodology proved to be sensitive enough to be used for emulsions stability evaluation.

Is There a Need for Elderly Forensic Psychiatric Services?

2005 ◽  
Vol 45 (2) ◽  
pp. 154-160 ◽  
Author(s):  
I O Nnatu ◽  
F Mahomed ◽  
A Shah
Keyword(s):  
Mental Illness ◽  
Old Age ◽  
The Elderly ◽  
Mentally Disordered Offenders ◽  
Mentally Disordered ◽  
Court Diversion ◽  
Mental Health Difficulties ◽  
Old Age Psychiatry ◽  
Forensic Psychiatric ◽  
Developed Nations

The population of the elderly in most developed nations is on the increase. Furthermore, the prevalence of mental disorder amongst elderly offenders is high. The true extent of `elderly' crime is unknown because much of it goes undetected and unreported. This leads to a failure to detect mental illness in such offenders. Court diversion schemes may improve recognition of mental illness but these schemes usually tend to deal with the more severe crimes. This may result in an overestimation of the amount of serious crime committed by the elderly and a failure to detect mental illness amongst those who commit less serious crimes. Efforts to service this hidden morbidity call for multi-agency collaboration. Improved detection and reporting of crimes is essential if mental health difficulties in the elderly are not to go unnoticed. The needs of elderly mentally-disordered offenders are complex and fall within the expertise of old age and forensic psychiatry, without being adequately met by either one. Therefore, consideration should be given to the development of a tertiary specialist forensic old-age psychiatry service.

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