Cycling under the influence of alcohol-criminal offenses in a German metropolis.

INTRODUCTION: Real or simulated cycling tests under the influence of alcohol might be biased by laboratory settings. Accident analyses consider incidents with injuries only. Herein, criminal offenses consisting of drunk cycling are evaluated in detail to fill this gap. MATERIAL AND METHODS: All police-recorded cases of cycling under the influence of alcohol that took place in Düsseldorf, Germany, from 2009 to 2018 were identified. A total of 388 respective prosecutor's files were available for analyses. RESULTS: Mean blood alcohol concentrations were approximately 2 g/kg in both men and women. Men were overrepresented (6:1). Almost 60% of the cases were recorded between Friday and Sunday (the "weekend"). The average blood alcohol concentration (BAC) at night (01:00-05:59) was 0.39 g/kg lower than that during the day (06:00-17:59). Drinking after cycling allegations appear almost irrelevant among (German) cyclists. On average, the legal outcomes show 33 daily rates (median: 30). Additionally, the presented data raise doubts about whether the utilized medical tests or the ways in which they are carried out reliably discriminate between different grades of intoxication. Negative tests did not exclude high BACs, nor did positive tests correlate well with BACs. DISCUSSION/CONCLUSION: In practice, CUI is seen with BACs above 1.60 g/kg in most cases. BACs below 1.60 g/kg either seem to be a minor problem or they have been incompletely addressed thus far. In summary, to be prosecuted, drunk cyclists have to ride their bikes in either a highly insecure or rude manner or they must cause an accident.

Exploring why patients in heroin-assisted treatment are getting incarcerated-a qualitative study.

BACKGROUND: Heroin-assisted treatment has proven effective in reducing criminal offenses in opioid dependent individuals. Few studies attempted to explain the observed crime reduction and the reasons why these patients keep offending and getting incarcerated have to date not been explored. METHODS: Patients with a history of incarcerations during the time of participating in heroin-assisted treatment (n = 22) were invited to a semi-structured, narrative interview. Findings were evaluated with Mayring's qualitative content analysis framework. Additionally, the Montreal Cognitive Assessment test and the multiple-choice vocabulary intelligence test used to assess cognitive impairment and premorbid intelligence levels. RESULTS: Three main categories emerged in patients' narratives on their incarcerations: cocaine use, impaired functioning, and financial constraints. Lifetime prevalence of cocaine use disorder was 95.5% and their cocaine use often led to patients getting incarcerated. Impaired functioning mainly constituted the inability to receive and open mail. Financial constraints led to incarcerations in lieu of payment in 16 participants (72.7%). Categories overlapped notably and often occurred in close temporal proximity. A fourth category on the likelihood of getting incarcerated again in the future was inhomogeneous and ranged from the strong conviction to complete rejection of the scenario. Average premorbid intelligence levels were found, whereas the cognitive assessment suggested severe cognitive impairment in our sample. CONCLUSION: Participants mainly reported to have committed minor offenses and not being able to pay for resulting fines. The resulting prison sentences are an unconvincing practice from a medical and economic perspective alike. Public expenditure and the interruptions of the continuum of care could be reduced by legislatively protecting these marginalised patients.

Unauthorized Food Manipulation as a Criminal Offense: Food Authenticity, Legal Frameworks, Analytical Tools and Cases.

Food fraud is a criminal intent motivated by economic gain to adulterate or misrepresent food ingredients and packaging. The development of a reliable food supply system is at great risk under globalization, but Food Business Operators (FBOs) have a legal obligation to implement and maintain food traceability and quality at all stages of food production, processing, and distribution. Incidents of food fraud have a strong negative impact on consumer confidence in the food industry. Therefore, local and international regulatory mechanisms are established to prevent or mitigate food fraud. This review brings new perspectives linking EU and US legislation, as well as new definitions and descriptions of the criminal aspect of food fraud incidents. It also describes certain new insights into the application of state-of-the-art methods and techniques that provide valuable tools for geographic, botanical, or other chemical markers of food authenticity. The review also provides an overview of the most common cases of food fraud worldwide from 2010 to 2020. Further research is needed to support the development of predictive models for innovative approaches to adulteration, especially when some valuable nutrients are replaced by toxic ingredients. A possible solution to minimize food fraud incidents is to increase the level of risk-based inspections, establish more productive monitoring and implementation of food protection systems in the supply chain, and implement better ingredient control and certification. National and international (e.g., regional) police offices for food fraud should be introduced, possessing knowledge and skills in food, food safety, food processing, and food products, as initial positive results have emerged in some countries.

THE PROBLEMS OF DEFINITION OF THE ABETTING IN THE COMISSION OF THE OFFENCES INVOLVING THREATS TO PUBLIC HEALTH (PART 1 OF ARTICLE 9 OF THE COUNCIL OF EUROPE CONVENTION ON THE COUNTERFEITING OF MEDICAL PRODUCTS AND SIMILAR CRIMES INVOLVING THREATS TO PUBLIC HEALTH).

OBJECTIVE: The aim: based on the features of the notion of "abetting the commission of crimes established in accordance with the Convention" provided for in Part 1 of Art. 9 of the Medicrime Convention, it is necessary to offer an adequate understanding of the notion of "abetting" and define the types of criminal offenses (crimes) that are the "subject" of such abetting. PATIENTS AND METHODS: Materials and methods: the research is based on an analysis of the provisions of the Medicrime Convention and the criminal law of Ukraine. The following methods were used: dialectical method; hermeneutic method; systemic-and-structural method; and comparative-legal method. RESULTS: Results: at the legislative level, there is a problem of designating the relevant socio-legal phenomena with adequate concepts and interpretations of these concepts. In the current criminal legislation of Ukraine, there is no definition of the concept of "abetting", which is used in Part 1 of Art. 9 of the Medicrime Convention. Therefore, in the implementation of the requirements provided for in Part 1 of Art. 9 of the Medicrime Convention, each Party takes the necessary legislative and other measures to recognize abetting in committing any crimes, established under this Convention, as a crime, therefore we should take into account the existence of two alternative ways to explain the meaning of "abetting": 1) to recognize at the legislative level that "abetting" and "incitement" are synonyms, and therefore the meaning of the term "abetting" can be explained by using the term "inclination"; 2) to recognize at the legislative level that the concept of "abetting" has a meaning different from the concept of "incitement", and covers not only "inclination", but also "coercion", "motivation" and "encouragement". CONCLUSION: Conclusions: the main disadvantage of using the concept of "abetting" in the text of the Ukrainian translation of the Medicrime Convention is that without an independent explanation of this concept at the legislative level, its content should be determined depending on the meaning of the term "inciter" under Part 4 of Art. 27 of the Criminal Code of Ukraine), and means inciting a person to commit any of the crimes specified in the Medicrime Convention.

DIFFERENTIATION OF CRIMINAL LIABILITY OF MEDICAL PROFESSIONALS.

OBJECTIVE: The aim: Determining the need to differentiate the criminal liability of medical workers for damage caused in the course of professional activity. PATIENTS AND METHODS: Materials and methods: This following research is based on an analysis of laws (21 laws), court judgments and case files (108 judgments and 8 case files), judgments of the European Court of Human Rights (4) and the legal doctrine of criminal law. Comparative, systematic, analytic, and empiric methods have been used in this research. During the preparation of this article the results of personal experience of the scientific work (17 years), the experience of advocacy (11 years), and the experience of the Supreme Court's judge have been applied. RESULTS: Results: The analysis of case files, thoughts of scientists and lawyers-practitioners allowed to propose criteria and indicators influencing increasing or decreasing of social dangerousness of actions committed by medical professionals. It is noted that the necessity of the legislator to consider the close interrelation of professional medical services and influence on the health of persons who demand medical services or need health care during differentiation of criminal liability. CONCLUSION: Conclusions: The necessity of differentiating approach to the criminal liability of medical professionals who inflict health damages or death is stated in comparison with the liability of general subjects of a crime.

SOCIAL DANGER OF DOMESTIC VIOLENCE AND THE NEED FOR REHABILITATION OF ITS VICTIMS.

OBJECTIVE: The aim: To investigate the social danger of domestic violence, find out its principal manifestations, consequences, and impact on women and minors' health. Based on the acquired knowledge, to suggest ways to overcome this problem, which will minimize the consequences of domestic violence. PATIENTS AND METHODS: Materials and methods: The authors studied and analyzed international legal acts, Ukraine's legislation, and scientific publications on domestic violence. The method of statistical processing of analytical data of the World Health Organization (hereinafter - WHO), the Institute of Demography and Social Research at the request of the UN Population Fund, the Ministry of Social Policy of Ukraine, the Ministry of Internal Affairs and the Prosecutor General's Office of Ukraine (for 2017 - first half of 2020) were used. A comparative method of research was useful in comparing the number of cases of domestic violence in Ukraine and Europe during the COVID-19 pandemic. CONCLUSION: Conclusion: It is concluded that domestic violence is a socially dangerous act that negatively affects all family members, as it causes significant damage to health and life. The most dangerous are the consequences of domestic violence on the physical and mental health of women and minors, who are particularly vulnerable to this negative manifestation. Rehabilitation is said to help minimize the effects of domestic violence, restore the physical and mental health of victims, and return them to normal social life.

The Therapeutic Approach to a Patient's Criminal Offense in a Forensic Mental Health Nurse-Patient Relationship-The Nurses' Perspectives.

PURPOSE: The purpose of this study is to describe the therapeutic approach to a patient's criminal offense in a forensic mental health nurse-patient relationship from the nurse's perspective. DESIGN AND METHODS: Eight nurses in a Finnish forensic psychiatric hospital were interviewed, and the resultant research material was analyzed by inductive content analysis. FINDINGS: The results revealed the process of the therapeutic approach to a patient's offense, which comprises numerous steps and various phases. PRACTICE IMPLICATIONS: For the nurse, the process of working through the offense can be divided into stages in which an attempt is made to respond to the patient's behavior and interaction in a manner that leads to working through the criminal act.

A família com filhos adolescentes em conflito com a lei: contribuições de pesquisas brasileiras / The family of teenagers in conflict with the law: contributions of Brazilian research

Esse estudo realizou uma revisão sistemática da literatura nacional, em artigos científicos produzidos no Brasil no período de 2003 a 2013 sobre a família com filhos adolescentes em conflito com a lei. A busca foi realizada na Biblioteca Virtual de Saúde (BVS) através do Index Psi Periódicos Técnico Científicos, Scientific Eletronic Library Online (Scielo) e LILACS. Utilizou-se artigos empíricos publicados em revistas específicas de psicologia disponíveis online e na íntegra. Os descritores utilizados foram: (a) família, (b) adolescência (c) ato infracional (d) medida socioeducativa e (e) conflito com a lei. Foram selecionados 19 artigos que abordaram temas como o significado das medidas de proteção e socioeducativas, o significado da família e os instrumentos de medida usados para avaliar o jovem infrator. Os resultados ilustraram famílias pouco coesas, com histórico de violência e autoridade parental enfraquecida. Outros programas sociais de atenção à família, a escola, a profissionalização, a geração de renda e a construção de novos projetos de vida são necessários.(AU)

This study carry out a systematic review of national literature regarding scientific articles produced in Brazil in the period from 2003 to 2013 discussing families of teenagers in conflict with the law. The search was conducted in the Virtual Health Library (VHL) through the Index Psi Scientific Journals, Scientific Electronic Library Online (Scielo) and LILACS. Only empirical articles published in specific psychology journals available online and in full were listed. The descriptors used were: (a) family, (b) adolescence, (c) criminal offense, (d) socio-educational measures, and (e) conflict with the law. A number of 19 articles was selected covered themes such as the meaning of protective and socio-educational measures, the meaning of the family and the measurement instruments used to assess the young offender. Families were little cohesive, with a history of violence and weakened parental authority. Other social programs addressing the family, school, professional training, income generation and the construction of new life projects are needed.(AU)