Archiv für Kriminologie
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Archiv für Kriminologie · Jan 2013
Review[Legal issues of physician-assisted euthanasia. Part II--Help in the dying process, direct and indirect active euthanasia].
In Germany, physician-assisted euthanasia involves numerous risks for the attending physician under criminal and professional law. In the absence of clear legal provisions, four different categories of euthanasia have been developed in legal practice and the relevant literature: help in the dying process, direct active euthanasia, indirect active euthanasia and passive euthanasia. The so-called "help during the dying process" by administering medically indicated analgesic drugs without a life-shortening effect is exempt from punishment if it corresponds to the will of the patient. ⋯ Nevertheless, the action may be subject to punishment if the physician omits to rescue the life of an unconscious suicide victim. "Palliative sedation" is regarded as a special case. It may become necessary if certain symptoms in the terminal stage of a fatal disease unbearable for the patient cannot be controlled by any other means. The legal assessment of "palliative sedation" depends on the circumstances of the individual case, in particular the "informed consent" of the patient and the physician's intention.
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Archiv für Kriminologie · Jan 2013
[Experimental throws with a knife to clarify a case of domestic violence].
For an expert opinion, the course of events in a conflict resulting in a 3 cm deep and 1.8 cm wide stab wound on the neck of a woman was to be reconstructed. Based on the statements of witnesses, there were three possible scenarios: 1. The knife was thrown from a distance of about one meter. 2. ⋯ The results of the test throws are presented and the sequence of movements is assessed as to the most probable course of events. Four male and three female subjects performed test throws which were documented by video recordings and measurements of the penetration depth. Six of the seven subjects were able to generate stab wounds by throwing the knives, whereas a knife accidentally slipping from the hand never caused a stab wound in the tests.