Archiwum medycyny sa̧dowej i kryminologii
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Arch Med Sadowej Kryminol · Apr 2010
[Opinionating in cases referring to estimation of ability to participate in legal proceedings and estimation of ability to serve a sentence of imprisonment or restriction of freedom in the material of Department of Forensic Medicine in Białystok in the years 2005-2009].
In the last years in Poland, the number of medicolegal opinions issued concerning the health status of defendants or convicts with regard to their ability to participate in legal proceedings (taking part in trial) and serve a sentence of imprisonment or restriction of freedom (doing free social labor) has been increasing. In the years 2005-2009, in our department, 115 opinions about defendants, convicts, one witness and one sufferer were issued. In this number, 37 opinions were associated with estimation of ability to serve a sentence of imprisonment, 22--estimation of ability to serve a penalty of restricted liberty or possibility of alternative serving a sentence of imprisonment, 56--estimation of ability to take part in legal proceedings. ⋯ The opinions were issued on the basis of court files and medical documentation only--18 opinions, or on the basis of court files, documentation and medical examination--97 opinions. In 52 cases, only specialists of forensic medicine issued the opinions, but in 63 instances, participation of experts in other medical specialties was necessary. Most often, the opinions of cardiologists were sought.
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Arch Med Sadowej Kryminol · Apr 2010
[Experimental effect of a shot caused by 4.5 mm cartridges fired from a Norica Dragon air-rifle and a Walther PPK/S air-pistol].
In Poland, according to the Weapons and Ammunition Act" an air weapon which has kinetic energy of fired projectiles below 17 J does not require registration and can be bought even on the Internet. Sport and recreational shooting with this weapon does not have to be performed in a special shooting-range, but can be carried on in an open terrain providing "particular caution" is exercised. In this study we presented experimental effects of shooting pneumatic weapons (Norica Dragon air-rifle and Walther PPK/S air-pistol) which had kinetic energy of fired projectiles below 17 J. ⋯ By these measures, we calculated the kinetic energy of the fired missiles. After shooting, we estimated if projectiles of different shapes shot from air weapons characterized by different kinetic energy and from different distances penetrated the gelatine blocks and if the said missiles perforated the bones. We also measured the depth of missiles penetration in the gelatine blocks.
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Arch Med Sadowej Kryminol · Jan 2010
Review[Medico-legal autopsy--selected legal issues: regulation concerning the performance of medico-legal autopsy of July 15, 1929].
Polish literature on law and forensic pathology abounds with opinions that the Regulation of the Minister of Justice and of the Minister of Internal Affairs Concerning the Performance of Medico-Legal Autopsy of 15 July 15, 1929, continues to remain in force. The authors thoroughly analyse the provisions of the Criminal Procedure Code of 19 April, 1969 and the Act on Enactment of the Provisions of the Criminal Procedure Code of 19 April, 1969. The results of semiotic and systematic interpretations of the aforementioned acts leave no doubt that the regulation of 1929 has been derogated. Nonetheless, the authors stress that, despite the lack of legal force, the regulation of the interwar years can still be considered a useful guide for less experienced doctors who perform medico-legal autopsies on an ad hoc basis.
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Arch Med Sadowej Kryminol · Jan 2010
[Medico-legal autopsy--selected legal issues: the autopsy protocol].
The majority of experts in the field of forensic medicine maintain that the minutes of the medicolegal autopsy should be taken by the forensic pathologist. The authors argue that it is the public prosecutor who is obliged to draw up the minutes, whereas the forensic pathologist issues the expert opinion. ⋯ The authors also imply that due to organizational reasons and the ratio legis of the aforementioned code, the forensic pathologist should not be assigned the role of the minutes-taker, despite the lack of a specific exclusion rule governing such a case. Possible consequences caused by the lack of the properly drawn up minutes are briefly discussed as well.