[Revision of §64 of the German Penal Code from a psychiatric perspective-Position paper of a task force of the German Association for Psychiatry, Psychotherapy and Psychosomatics]. / Neuregelung des § 64 StGB aus psychiatrischer Sicht ­ Positionspapier einer Task-Force der DGPPN.

In Germany every second offence occasioning bodily harm and every fourth sexual offence occur under the influence of alcohol or drugs. Untreated substance use disorders are a risk factor for further offences. The §64 of the German Penal Code (StGB) regulates the commitment of offenders to a Forensic addiction treatment unit as a result of an addiction to excessive consummation of intoxicating substances. The previous regulation has come under criticism because too many patients are committed, the sentence is often given to the wrong persons, the treatment is often terminated without success and the sentence consumes to many resources. From a psychiatric perspective the reform of commitment to a Forensic addiction treatment unit (§64 StGB) must fulfil the principles of medical ethics, in particular the respect for the autonomy of the patient, the principle of distributional justice and the code of medical professional ethics. The commitment according to §64 must be restricted to the treatment of people with a clinically relevant substance use disorder. From a psychiatric perspective, decisive for the prospect of success are the willingness to be treated and self-determination for admission to the clinic. In order to release the treatment from the extrinsic influences of the enforcement law, on admission to treatment a sufficient amount of the sentence should have already been served that the commitment only serves the purpose of the treatment and resocialization, so that the risk of further substance-related offences is reduced. The legal term "Entziehungsanstalt" should be replaced by "Forensic Clinic for Dependancy Diseases".

Dental Age Assessment by I2M and I3M: Portuguese Legal Age Thresholds of 12 and 14 Year Olds.

OBJECTIVE: Better understanding of dental age assessment may help in cases of age estimation in Forensic Clinics. The first aim was to provide essential information on method reliability for upcoming studies using dental age assessment by second molar index (I2M), and third molar index (I3M) for age estimation on legal ages of 12 - 14 years. The second aim was to document forensic method outcomes of the Demirjian method which has already been used in forensic clinic. MATERIAL AND METHODS: Two samples were used for this purpose: for I2M, 633 orthopantomographs (270 females / 363 males), the age range from 7 to 17 years and for I3M, 471 orthopantomographs (253 females / 218 males), the age range from 10 to 23 years, from the database population of Lisbon North University Hospital Center, approved by the Ethic Committee. RESULTS: The I3M cut-off point (1.133) for 12- year- olds obtained better results than the cut-off point stated by the I2M (0.135). Besides, I2M cut-off point (0.001) for 14- year- olds showed better results when compared with the cut-off point (0.705) established by the I3M. Both methods are reliable for the legal age thresholds of 12 and 14 years. However, using I2M and I3M allows us to vary the cut-off value to privilege sensitivities or specificity, depending on which is more appropriate to the intended application. CONCLUSIONS: The accuracy (88.94%) of I3M obtained better results for the 12- year- old cut-off point (1.133) and the accuracy (90.21%) of the I2M performed better for the 14- year- old cut-off point (0.001).

Cut-off for the legal ages in the Portuguese Population by Third Maturity Index: Measures of Accuracy.

OBJECTIVES: The aim of this study is to estimate the cut-off points for the Portuguese legal ages through the I3M, and to compare them with the methods of Demirjian, Nolla and Moorrees. DESIGN: The lower third molars were analyzed on 348 orthopantomography's aged between 12 and 23 years in a Portuguese Population. The images were analyzed by ImageJ and the cut-off points were calculated for the respective legal ages of 14, 16, 18 and 21 years old. RESULTS: The correlation between age and the I3M was 0.862, whereas with Demirjian's stadiums, Nolla's stages, and Moorrees' stages the correlation coefficients were 0.863, 0.842 and 0.844, respectively. For the cut-off point of 0.08 for the age of 18, a sensitivity of 78.99 %, specificity of 93.48 %, an accuracy of 88.54 %, a positive predictive value of 86.24 % and a posteriori Bayes probability of 92.82 %. The cut-off points established for the ages of 14, 16, 18 and 21 years for the Portuguese population achieved an accuracy of 83.67 %, 85.67 %, 88.54 % and 87.11 %, respectively. CONCLUSION: Demirjian's method and Cameriere's method attain quite similar results. In certain ages, the methods of Nolla and Moorrees show higher sensitivity or higher specificity when compared to Cameriere's method, however this last method is more stable in terms of reliability and more suitable to use in the Portuguese population.

Rehabilitation and Re-socialization of Criminals in Iranian Criminal Law.

One of the concerns that always remain for the repentant criminal is the condition for his return to society. This concern may be so strong and effective that the criminal may seclude from the society due to the fear of its consequences and may return to crime. Therefore, paying attention to eliminating the social effect of the criminal conviction of criminals can return security to society and return the repentant criminals to normal life. So, all military and social institutions are effective in the re-socialization, in such a way that the re-socialization of criminals requires the provision of social platforms that starts with their own family and expands to society. The main concern of this research is how we can provide the favorable conditions for the re-socialization of repentant criminals that effectively realize the socialization goals. The Islamic Penal Code initiatives in 2013, despite the gaps in this regard, partly help to achieve such goals, but they are not enough. Therefore, the present article focused on the criminals' re-socialization and tried to raise the criminals' re-socialization both socially and criminally. The method was descriptive analytical. The result showed that the Islamic Penal Code, adopted in 2013 on the period of the subsequent effects, needs to be reformed, and the effective social institutions should be raised orderly in such a case.

Medical negligence according to the Islamic Penal Code in Iran: A case report.

Crimes against a person's physical integrity are a serious and consequential felony in the Islamic criminal law. A war veteran and victim of chemical warfare deceased at the age of 69 was referred to Kahrizak Legal Medicine Center, Tehran, Iran for autopsy. According to Iranian law, deceased war veterans should undergo autopsy to have the potential damage to their organs due to chemical warfare identified, so that due compensation can be awarded to their heirs. When the chest was opened and the pericardium was removed to separate the heart from arterial bases, a sterile gauze was astonishingly found in the mediastinal cavity. According to the history provided by his children, the veteran had undergone coronary artery bypass graft (CABG) 10 years before, which had caused him physical and mental frailty and ultimately led to his death following a respiratory infection.

Elder abuse in Europe's "most elderly" city: an assessment of the phenomenon and an analysis of the data from the Penal Court of Genoa from 2010 to 2015.

INTRODUCTION: In Italy, 5% of the elderly are estimated to have suffered abuse. While the Penal Code refers to generic types of abuse, such as physical and psychological maltreatment, abandonment and financial fraud, it does not specifically protect the elderly as a category. AIMS: To assess the frequency and modalities of elder abuse in Genoa and its Province, and to compare these data with those reported in the literature, in order to provide a picture of the current situation that can be used by the authorities to combat this phenomenon. METHODS: We analysed the first-degree verdicts issued by the Court of Genoa regarding accusations of physical, psychological and moral abuse and maltreatment of elderly subjects (over 65 years) in the period 2010-2015. RESULTS: Only 85 of the 4028 court verdicts analysed involved elderly persons: 19 cases of domestic maltreatment, 3 of abuse of the means of correction or discipline, 18 of personal injury, 5 of abandonment and 40 of circumvention (deceiving someone, especially an elderly or mentally impaired person, to obtain a profit). DISCUSSION AND CONCLUSIONS: A gap was observed between the number of crimes reported to the judicial authorities (tip of the iceberg) and the estimated prevalence of the phenomenon in the literature. There is a need both to create a network of protection for the elderly involving medical and judicial specialists and to train healthcare professionals to better recognise and report cases of maltreatment.

Insanity Defense: Past, Present, and Future.

Insanity defense is primarily used in criminal prosecutions. It is based on the assumption that at the time of the crime, the defendant was suffering from severe mental illness and therefore, was incapable of appreciating the nature of the crime and differentiating right from wrong behavior, hence making them not legally accountable for crime. Insanity defense is a legal concept, not a clinical one (medical one). This means that just suffering from a mental disorder is not sufficient to prove insanity. The defendant has the burden of proving the defense of insanity by a "preponderance of the evidence" which is similar to a civil case. It is hard to determine legal insanity, and even harder to successfully defend it in court. This article focuses on the recent Supreme Court decision on insanity defense and standards employed in Indian court. Researchers present a model for evaluating a defendant's mental status examination and briefly discuss the legal standards and procedures for the assessment of insanity defense evaluations. There is an urgent need to initiate formal graduation course, setup Forensic Psychiatric Training and Clinical Services Providing Centers across the country to increase the manpower resources and to provide fair and speedy trail.

La imputabilidad e inimputabilidad desde el punto de vista médico legal / The criminal responsibility and criminal responsibility from the medical point of view legal

La imputabilidad es un término jurídico, el cual se define como la capacidad de una persona de comprender las consecuencias que traerá la realización voluntaria de un acto ilícito, y como tal debe ser responsable y responder por el hecho cometido. El médico legal debe conocer cómo se procede en el ámbito penal en los procesos de las personas imputables pero principalmente poder determinar aquellas condiciones que generarán una abolición o disminución de la imputabilidad de manera que estos sujetos sean candidatos para la obtención de medidas de seguridad curativas que protejan a la sociedad principalmente.

The accountability is a legal term, which is defined as the ability of a person to understand the consequences that will bring the voluntary performance of an unlawful act, and as such should be responsible and accountable for the act committed. The legal physician must know how to proceed on the criminal processes of individuals attributable but mainly to determine the conditions that generate an abolition or reduction of accountability so that these people are candidates for obtaining measures of healing security primarily protect society.

Psychiatry and law: past, present and future.

It is important that every citizen knows the law of the state. Psychiatry and law both deal with human behaviour. This paper attempts to highlight the interplay between these two by discussing about various legislations like The Family Courts Act 1984, Narcotic Drugs and Psychotropic Substances Act 1985, Juvenile Justice Act 1986, Consumer Protection Act 1986, Persons with Disability Act 1995, The Maintenance and Welfare of Senior Citizens Act 2007.

Generalidades de colgajos y su importancia en la relación con la reparación del daño corporal / General flap and its importance in relation to repair bodily harm

El daño corporal es tema de gran discusión en el marco médico legal. Las repercusiones funcionales y estéticas constituyen una secuela de gran importancia para los pacientes. Es mediante técnicas quirúrgicas como los colgajos, que se ha logrado prevenir cicatrices retráctiles y marcas indelebles en el rostro. Siendo estos últimos bloques vascularizados de tejido que se movilizan a partir de un sitio donador y se clasifican según su composición, vascularización y el método de diseño y transferencia. Dichos puntos, se discutirán a continuación.

Bodily harm is the subject of much discussion in the forensic context. The functional and aesthetic impact constitute a sequel of great importance for patients. It is through surgical techniques such as flaps, which has been successful in preventing retractile scars and indelible facial mark. Latter being vascularized tissue blocks that move from a donor site and are classified according to their composition, vascularization and the design method and transfer. This subjects, are discussed below.

Sexual Abuse in 8-year-old Child: Where Do We Stand Legally?

We have reporting herein two cases of victims of sexual abuse, both 8 years old girls, both presented with symptoms of irritability, withdrawn behavior, fearfulness, anxiety, and abusive language toward family members. These symptoms appeared following sexual abuse. We are highlighting early identifications of child sex abuse and discussed the legal aspects of child abuse and "protection of children from sexual offences act" 2012. Finally, we have discussed how to prevent such incidences including incorporating school awareness programs in targeted girls' group.

Criminal liability in dental practice

Introduction: The technical and scientific evolution is the greatest advance in dentistry since its regulation with the law 5.081/1966; however it is worth remembering that constant modernization of treatments brings along a proportional increase on the dentist's responsibilities with his patient. The professional should always keep in mind that along with his hand ability, innovative techniques and the best material applied there is Deontology evaluating three areas: civil, ethical-administrative and criminal. It is the dentist's obligation to follow and respect the deontological issue in a world where lawsuits against peers have increased exponentially. Objective and Conclusion: The presented study reports the relations in the Brazilian penal code concerning to criminal responsibility of the health professionals, analyzing the dental behaviors which, once applied, configure criminal types, subjecting the agent to the prosecution and trial of criminal justice. A little known subject hardly ever discussed in dentistry.

¿Inseguridad o temor?: Impunidad, politiquería y posibles soluciones / Insecurity or fear? Impunity, politicking and possible solutions

En los últimos quince años la inseguridad que soporta la sociedad costarricense, se ha agravado de manera vertiginosa, mientras la política criminal de los últimos gobiernos ha sido inconsistente e ineficaz. Algunos sostienen que el problema es más de percepción o de simple temor, aunque de julio de 2007 a julio de 2008, el 28% de los hogares del país, manifestaron haber sido víctimas de algún tipo de delito o agresión, mientras en 1997 ese porcentaje era del 15%, además el nivel de respuesta judicial a las víctimas de la delincuencia no supera el 10% y la impunidad ha crecido exageradamente. Las soluciones a nivel legislativo, policial, judicial y carcelario, son sencillas, pero tienen un gran obstáculo: la falta de voluntad de los dirigentes políticos.

Over the past fifteen years, the insecurity that supports Costa Rican society, has worsened dramatically, while the criminal policy of recent governments has been inconsistent and ineffective. Some mantain that the problem is of perception or simple fear, but from July 2007 to July 2008, 28% of of the homes of these country said that they had been victims of any crime or aggression, while in 1997 this percentage was of 15%. Also the judicial level of answer to the victims of delinquency does not superpasse 10% and impunity has grown excessively. The solutions at the legislative, police, judiciary and prisons levels are simple but they have a great obstacle: the lack of will of politician leaders.

La interpretación unitaria del artículo 34 inciso primero del Código Penal Argentino en Psiquiatría Forense / The unitary interpretation of article 34 interjection first of the Argentinean Penal Code in forensic psychiatry

En el presente ensayo se trata de oponer a la tesis que podría denominarse bipartita de la capacidad de culpabilidad penal, "comprender la criminalidad del acto o dirigir sus acciones", una tesis unitaria según la cual no es biopsicológicamente posible dirigir la conducta hacia un objeto que no se ha previamente comprendido integralmente en cuanto tal, como tampoco un completo divorcio del obrar (en el caso, fuera del señorío del sujeto agente) sobre el comprender (en el caso, completo y cabal, como expresión de máxima integración intelectiva, volitiva y afectiva del dinamismo psíquico).

The present essay is intended to oppose to the bipartite thesis of the capacity of penal culpability ("to be able to understand the criminality of the act or to be able to direct the actions"), a unitary thesis in which it seems biopsychologically impossible to direct the behaviour towards an object that hasn't been previously understood, nor a complete divorce of action from understanding (as it results from a maximum integration of the intellective, volitive and affective spheres of a dynamic psyche).

La interpretación unitaria del artículo 34 inciso primero del Código Penal Argentino en Psiquiatría Forense / The unitary interpretation of article 34 interjection first of the Argentinean Penal Code in forensic psychiatry

En el presente ensayo se trata de oponer a la tesis que podría denominarse bipartita de la capacidad de culpabilidad penal, "comprender la criminalidad del acto o dirigir sus acciones", una tesis unitaria según la cual no es biopsicológicamente posible dirigir la conducta hacia un objeto que no se ha previamente comprendido integralmente en cuanto tal, como tampoco un completo divorcio del obrar (en el caso, fuera del señorío del sujeto agente) sobre el comprender (en el caso, completo y cabal, como expresión de máxima integración intelectiva, volitiva y afectiva del dinamismo psíquico).(AU)

The present essay is intended to oppose to the bipartite thesis of the capacity of penal culpability ("to be able to understand the criminality of the act or to be able to direct the actions"), a unitary thesis in which it seems biopsychologically impossible to direct the behaviour towards an object that hasnt been previously understood, nor a complete divorce of action from understanding (as it results from a maximum integration of the intellective, volitive and affective spheres of a dynamic psyche).(AU)