Archiwum medycyny sa̧dowej i kryminologii
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Arch Med Sadowej Kryminol · Jan 2004
Review[Burden of proof in medical cases--presumption of fact and prima facie evidence. II. Presumption of fact and prima facie evidence].
The aim of this paper was to present the main rules concerning the burden of proof in polish civil trials, including medical cases. The standard rules were presented with all the important exclusions such as presumption of law and fact or prima facie evidence. ⋯ This paper also describes the importance of the res ipsa loquitur rule in United Kingdom and USA. This paper includes numerous High Court sentences on evidential and medical issues.
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Arch Med Sadowej Kryminol · Jan 2004
Review[Burden of proof in medical cases--presumption of fact and prima facie evidence. 1. Burden of proof].
The aim of this paper was to present the main rules concerning the burden of proof in polish civil trials, including medical cases. This paper also describes the subject of evidence were presented and explained. ⋯ The effect of the institution of informed consent on burden of proof in polish civil law is also described. This paper includes numerous High Court sentences on evidential and medical issues.
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Arch Med Sadowej Kryminol · Jan 2004
[Medical and legal aspects of inability to participate in legal proceedings and the execution of imprisonment resulting from mental illness].
A mental disorder of the criminal can be the cause of reprieving penal conduct or the execution of imprisonment. In the present study the matter of ability to take part in legal proceedings and arrest in preliminary custody were considered. ⋯ Legal settlements relating to this problem were submitted. We paid attention to medical circumstances in which judicial experts should act in such cases.
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Arch Med Sadowej Kryminol · Oct 2003
[Some issues concerning the use of firearms with Flobert cartridges].
The aim of the work is to analyze and evaluate legal, criminalistic and criminological problematic issues appearing in Lithuania due to circulation of firearms designed for the Flobert cartridge. The purpose of guns with the Flobert cartridge is shooting training in closed areas. Provided the kinetic energy of Flobert cartridge is not bigger that 7.5 J. the guns meant for those bullets have been classified to unlimited circulation of guns since 1999 in Lithuania. ⋯ The analyses of the authors show that these firearms are not used in accordance with their purpose. Experimental practice and experimental research proved that these firearms can cause serious bodily injuries. The latter fact allowed the authors to formulate propositions regarding legal regulation of circulation of these firearms.