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At least 19 recordsLinked to original sources
PubMed2006

Doctors in Spanish criminal law: medical criminal responsibility for deaths and injuries caused by negligence in present-day Spain.

The doctor who makes a mistake can be taken before a criminal judge in present-day Spain. In this paper, I explore some of the articles that refer to doctors' practices in the Spanish Criminal Code, namely article 142.1 (negligent homicide, considered as a major offence), article 152.3 (negligent injury, considered as a less serious offence), as well as the evolution in the views of medical negligence in the last ten years in Spain. Then, I develop a statistical study of three main aspects, namely the number of reports and lawsuits that have been recorded, the number of criminal proceedings that have been undertaken, and the number of judgments that have acquitted or convicted a doctor. This leads to an analysis of the consequences of the application of the system, as well as its effects on insurance policies. In the last section of my paper, I offer some conclusions.

Humans↗
PubMed2005

[Expertise in the context of criminal law].

The procedures of expert investigations in criminal law are different from those in civil law. Being an expert in criminal law investigations assumes thorough knowledge of dentistry, forensic investigations and of rules and procedures to follow. Adequate training and continuous education are mandatory.

Belgium↗
PubMed2000

Sexual consent: the criminal law in Europe and overseas.

What role can the criminal law play in the battle against child sexual abuse? Should sexual relations of and with, persons under a certain age be criminalized regardless of the circumstances, even if they are consensual ("age of consent," "minimum age")? Where should such a minimum age-limit be fixed? Should there be a special, higher age-limit for particular conditions (e.g., "seduction," "corruption")? Should sexual contacts with minors within a relationship of authority be criminalized generally, or just if authority is abused? Should criminal proceedings be instituted ex officio or upon complaint only? Should authorities be provided with a power of discretion or should they be obliged to prosecute and sentence in each case? In answering these questions, it is highly beneficial to have a look across the borders to the solutions other countries have reached. This study presents an overview on the criminal law governing the sexual behavior of, and with, children and adolescents in all European jurisdictions and in selected jurisdictions outside of Europe. It shows which categories of offences exist and from which age onward young people can effectively consent to various kinds of sexual behavior and relations in the different countries. All states in Europe and all of the studied jurisdictions overseas have minimum age limits for sexual relations, and punish sexual relations with persons under a certain age. Nowhere is this age set lower than 12 years. In Europe, in one-half of the jurisdictions, consensual sexual relations with 14-year-old adolescents are legal; in three-quarters, with 15-year olds; in a majority, this is also the case when the older partner has started the relation (and also when the initiative contains an offer of remuneration). In nearly all jurisdictions, such relations are legal from age 16 onward. Most states apply a higher age limit for contacts in relationships of authority. If the authority is not misused, the age limit in most jurisdictions is set between 14 and 16; if it is misused, between 16 and 18. Most states make no difference between heterosexual and homosexual relations.

Adolescent↗
PubMed2000

Criminal law and HIV/AIDS: strategic considerations.

Richard Elliott's paper on criminal law and HIV/AIDS, an edited and updated version of his presentation at "Putting Third First," sets out five guiding principles for criminal law policy and HIV/AIDS; briefly outlines the rationales for criminalization; discusses three strategic legal questions regarding the criminalization of HIV transmission/exposure; and offers a number of recommendations for consideration of those needing to articulate a well-considered perspective on the ethical, legal, human rights, and public health dimensions of the criminalization of HIV transmission/exposure.

Criminal Law↗
PubMed1981

[Objective suppositions of liability in criminal law (author's transl)].

The conception of causality in criminal law was based, until the middle of our century, on the equivalent theory, which extended to the objective liability as concerns doctrine and jurisdiction, excluding even the guilt as corrective element in some cases. The dispute on the necessity of adequate theory in penal law became useless as the objective conditions of elevated punishing disappeared. By reducing causality to a purely natural scientific conception the doctrine of objective imputation was developed, with the requirements of risk connection, adequacy, and risk elevation. The significance of this development in criminal law is demonstrated by medical examples, especially medical malpractice.

Austria↗
PubMed2004

Placebo and criminal law.

This article considers issues concerning cases where the use of placebo is lawful or is not lawful under aspects of German criminal law. It will differentiate between cases of individual therapy and cases of supervised experiments within the scope of medical tests. Thereby, it reveals that a medication of placebo with regard to an individual patient seems to be lawful if there is no alternative possibility of a better treatment using a chemically effective medicine and if the limits of presumed consent are complied with. On the other hand, in the context of the supervised experiment, the assignment of a patient to a group treated with placebo is only lawful if the patient has been fully informed about the possibilities of a treatment and if the patient has given consent to it.

Clinical Trials as Topic↗
PubMed1991

Drugs, the criminal law, and the administration of justice.

Are criminal laws against the sale and use of drugs such as heroin and cocaine helpful in maintaining a liberal community? Answering this question is partly a matter of political philosophy, but the answer also depends on judgments about practical effects. Although it is clear that drug laws tend to worsen the conduct and condition of individuals who continue to use drugs, and strain the institutions of the criminal justice system, it is also plausible that these same laws succeed in reducing overall levels of drug use by suppressing the supply and helping sustain the community norm that disapproves of drug use.

Crime↗
PubMed2000

Can the criminal law ever be therapeutic?

This paper addresses the question of whether criminal law, especially in its sentencing and penological aspects, can be adjusted in its workings to incorporate the perspective of therapeutic jurisprudence. A conceptual framework developed by Wexler, Winick, and their colleagues is employed to provide a basis for reflection on the operation and impact of sentencing processes. Of considerable importance in this exercise is a mounting volume of evidence concerning the outcomes of work with adjudicated offenders, which illustrates the potential of psycho-educational, behavioral-cognitive skills-training, and therapeutic programs for reduction of recidivism. Such intervention programs are currently offered within the limits set by, but are not intrinsic components of, judicial decisions. The psycho-legal implications of these findings are discussed and some possibilities surveyed for tentative exploration of actively therapeutic departures within crimino-legal decision-making.

Cognitive Behavioral Therapy↗
PubMed2004

India: challenge to constitutionality of criminal law banning homosexual acts dismissed.

On 1 September 2004 the Delhi High Court dismissed litigation seeking to quash a law making homosexual acts a punishable offence. Section 377 of the Indian Penal Code dates back to the 1860s, during the period of British colonialism. Two NGOs, one of which was an AIDS organization involved in prevention work, challenged the law after being criminally charged.

Criminal Law↗
PubMed2000

[Scientific cooperation: limiting freedom of research by criminal law?].

Even after the strengthening by the law of 1997, the German criminal law regarding corruption is no obstacle for cooperation between medical research and industry. The injustice of corruption is an irregular exchange between performing one's duty and benefits. According to this, an enterprise may give funds to a scientist for research purposes if no counter performance exceeding the research is associated with this. However, it makes a difference if the scientist has to show his appreciation by influencing economic decisions of the clinic in favor of the enterprise. In case of such an injustice, it is, under the new law, no longer important if the benefit is destined for the scientist himself or for another person or organization. Thus, it is in the interest of both research and industry to avoid the suspicion of corruption in the first place. A prerequisite for this is the strict observance of the legal and administrative regulations concerning projects financed by third-party funds.

Conflict of Interest↗