Infliction Of Harm Research Articles

MEDICAL ERROR AND LIABILITY FOR IT IN SOME POST-SOVIET COUNTRIES (BELARUS, KAZAKHSTAN, MOLDOVA, UKRAINE)

Introduction: Infliction of harm to life and health due to medical errors is common for the whole world and post-Soviet countries, in particular. The problem of these errors is one of the most important in medical law, although there is no unified concept of it. A small number of sentences in cases of criminal negligence of medical professionals indicates a high latency and often unprovability of this crime in a number of post-Soviet countries. The aim: To disclose the objective and subjective prerequisites of a medical error, reasons for its occurrence, to establish the grounds for criminal liability of medical professionals in case they commit an error and to examine the judicial practice in this regard. Also, to define the concept and types of circumstances exempting criminal liability and their impact on criminal liability issues concerning medical professionals. Materials and methods: The study is based on the Belarusian, Kazakh, Moldavian and Ukrainian statutory acts as well as international acts, the European Convention for the Protection of Human Rights and Fundamental Freedoms, case law of the European Court of Human Rights (ECHR), national court judgments. Such methods as dialectical, comparative, analytic, synthetic and comprehensive have been used in the paper. Review: On the basis of the study, it has been established that there is no unified concept of a medical error, medical personnel are fairly brought to criminal liability only if they commit an unjustifiable error in the presence of all the mandatory elements of a crime provided for in the relevant article of the Criminal Code. At the same time, it is extremely difficult to prove existence of such an error. Besides, at the state levels, causes and mechanisms of occurring errors have not been revealed, they are not even discussed, which makes it impossible to outline measures to prevent them or reduce their frequency and degree of danger. Conclusions: The struggle against medical errors should encompass a number of such activities as standardization of clinical treatment protocols, further education of medical professionals and lawyers in regard to patient safety, thorough investigation of each incident in order to exclude a justifiable error or circumstances exempting criminal liability. Equitable, severe and uncompromising punishments for perpetrators should be an effective means preventing commission of crimes in medicine.

Artificial intelligence and criminal liability: problems of becoming a new type of crime subject

This article is devoted to the investigation of artificial intelligence as a subject of crime and the problems of bringing it to criminal liability. The growth of the influence of self-taught programs in human life and their high rate of development determined the relevance of the study. It is noted that criminal legislation slowly adjusts to the emergence of new relationships. Legislation does not yet contain any formulations of crimes related to committing socially dangerous acts through the use of neural networks, artificial intelligence or artificial intelligence itself. The author analyzes objective signs of committing crimes related to the use of artificial intelligence. Currently, artificial intelligence is able to fully implement the objective side of several crimes provided for by criminal law, but this list will be expanded in the future. The author predicts options for possible illegal activities of self-taught programs. The content of the guilt of artificial intelligence remotely resembles the content of the intellectual and volitional elements of human activity. At the same time, the facts of infliction of harm by artificial intelligence are predominantly characterized by an analogue of human negligence. The study of subjective signs made it possible to form a list of subjects of crimes related to artificial intelligence: program maker; manufacturer or seller of products equipped with artificial intelligence; user of products equipped with artificial intelligence; other persons. It is argued that artificial intelligence is not an independent subject of a crime, but may become it in the future if it is recognized as a person.

Problems of the Financialand Legal Nature of Funds of Organizations

The object of science of the financial right is understood as the public relations arising in the course of activities for systematic education (formation), distribution and use of the public, municipal and other public foundations for realization of problems of public character. At the same time the problem of publicity or not publicity of the legal nature of some funds remains not resolved neither in science of the financial right, nor in the legislation of the Russian Federation that does nоt give the chance precisely to define limits of an object of science of the financial right. The obligation of formation and also the sizes which purposes and an order of use are provided by imperatively federal normative legal acts is about funds of funds of the private organizations. In particular, it is possible to carry indemnification funds of self-regulatory organizations, obligatory reserves of credit institutions, reserve funds of joint-stock companies, reserve fund of Association of Tour Operators to such funds in the sphere of outbound tourism, an indemnification fund of professional association of insurers on obligatory insurance by the citizen of responsibility of carrier for infliction of harm of life, etc. In article questions of the legal nature of separate funds of the organizations, including specifics and financial and legal features of their formation and use, relevant for financial and legal science, are considered. Provisions of the legislation of the Russian Federation and also a position of the leading erudite jurists of rather public or non-public legal nature of funds are analyzed. The attention is especially focused that funds have special-purpose character, are formed and used in public interests by the organizations equipped with public functions.

Responsibility for Rape under the Criminal Law of the People’s Republic of China

A subject of the real research is the criminal legislation of People’s Republic of China on responsibility for rape. In work object of the specified crime is investigated, characteristic of the victim and subject of offense is given, the content of signs of the objective and subjective parties of crime reveals. Also characteristic of the qualifying signs is given in article. It is noted that studying of the foreign legislation and practice of its application is important both from theoretical, and from practical the points of view. Experience of foreign legislators allows to consider possible negative consequences when reforming the domestic legislation. The analysis of judicial practice, opinions of the Chinese and domestic scientists, the kriminogenic and qualifying signs allowed to establish strong and weaknesses of the Chinese legislation regarding a regulation of responsibility for rape. The Russian and Chinese criminal legislation has many common features. In many respects it is caused by the long-term socialist direction of development of the Russian Federation and People’s Republic of China. Nevertheless, the Chinese criminal legislation in the studied part has certain differences. So, for example, social, cultural and political and legal features of the Chinese system did not allow it to develop balanced by criminal - a legal mechanism of protection of the person against sexual encroachments irrespective of his floor. Now in criminal law of People’s Republic of China there is no independent responsibility for violent acts of sexual nature with penetration (anal, oral sexual contact) concerning males (in Russia such actions form the corpus delicti provided by Article 132 of the Criminal code). Such actions, despite high public danger, on the current edition of the law can be qualified only as infliction of harm to health or as dissolute actions.

An integrative review on patient inflicted violence among mental health nurses

Workplace violence can be in the form of aggression, harassment or simply physical infliction of harm towards nurses. It can arise from many sources but primarily they are patient inflicted violence in different forms. It can be a physical violence, emotional or a combination of both. Incidence of violence towards health care professionals is a recognized global public health issue. Previous studies have already suggested that health care professionals, particularly nurses, have a higher risk of experiencing workplace violence than other professionals. This integrative review looked into the violence where patients are the primary source, as well as the types and impact of violence amongst psychiatric mental health nurses happening worldwide. Further, it looked into the nurses’ road to recovery from the experience of violence and what hospitals and facilities are advocating in stopping these events or at least minimizing the frequency of such acts. Published studies considered in this review found that nurses’ experienced physical pain, fear, anxiety, frustration, distress, resentment, apathy, job dissatisfaction and anger following the violent incident. Nurses after their exposure to a series of violence from their patients’ experience dramatic changes in their well-being.

Avatars in Pain: Visible Harm Enhances Mind Perception in Humans and Robots.

Previous research has shown that when people read vignettes about the infliction of harm upon an entity appearing to have no more than a liminal mind, their attributions of mind to that entity increased. Currently, we investigated if the presence of a facial wound enhanced the perception of mental capacities (experience and agency) in response to images of robotic and human-like avatars, compared with unharmed avatars. The results revealed that harmed versions of both robotic and human-like avatars were imbued with mind to a higher degree, irrespective of the baseline level of mind attributed to their unharmed counterparts. Perceptions of capacity for pain mediated attributions of experience, while both pain and empathy mediated attributions of abilities linked to agency. The findings suggest that harm, even when it appears to have been inflicted unintentionally, may augment mind perception for robotic as well as for nearly human entities, at least as long as it is perceived to elicit pain.

Abortion as a Contested Right in Occupied Palestine

Abortion as a Contested Right in Occupied Palestine

Climate disaster, gender, and violence: Men's infliction of harm upon women in the Philippines and Vietnam

The intensity and frequency of extreme weather and climate events are expected to increase due to anthropogenic climate change. This systematic review explores extreme events and their effect on gender-based violence (GBV) experienced by women, girls, and sexual and gender minorities. We searched ten databases until February, 2022. Grey literature was searched using the websites of key organisations working on GBV and Google. Quantitative studies were described narratively, whereas qualitative studies underwent thematic analysis. We identified 26 381 manuscripts. 41 studies were included exploring several types of extreme events (ie, storms, floods, droughts, heatwaves, and wildfires) and GBV (eg, sexual violence and harassment, physical violence, witch killing, early or forced marriage, and emotional violence). Studies were predominantly cross-sectional. Although most qualitative studies were of reasonable quality, most quantitative studies were of poor quality. Only one study included sexual and gender minorities. Most studies showed an increase in one or several GBV forms during or after extreme events, often related to economic instability, food insecurity, mental stress, disrupted infrastructure, increased exposure to men, tradition, and exacerbated gender inequality. These findings could have important implications for sexual-transformative and gender-transformative interventions, policies, and implementation. High-quality evidence from large, ethnographically diverse cohorts is essential to explore the effects and driving factors of GBV during and after extreme events.

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The article deals with the history of the legislative fixation of the infliction of the harm while detaining a person who committed a crime as a circumstance excluding the criminality of the deed. The legal sources and Resolutions of the Plenum of the Supreme Court of the USSR and the Russian Federation are analyzed. The role of the explanations of the Plenum of the Supreme Court of the USSR of 1969 and 1984, which are devoted to the issues of the necessary defense, in the elimination of partial gaps in the regulation of this circumstance by the Decree of the Presidium of the Supreme Soviet of the USSR of May 16, 1966 «On Increasing the Liability for Hooliganism», and then by the Decree of the Plenum of the Supreme Court of the USSR of 1981 is shown. The importance of the resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2012 "On the application of Legislation by Courts on the Necessary Defense and Infliction of Harm While Detaining a Person Who committed a crime" in the elimination of the regulatory insufficiency of the criminal law provision envisaged by Art. 38 of the Criminal Code of the Russian Federation by specifying its content and thus ensuring the uniformity in judicial practice in the Russian Federation is highlighted. Based on the analysis of the explanations of the Plenum of the Supreme Court of the Russian Federation and of the foreign legislation a version of alteration to Part 2 of Art. 38 of the Criminal Code of the Russian Federation is proposed.DOI 10.14258/izvasu(2018)3-19

Assisted suicide, the inviolability of life, and the right to self-defense

Summary In the debate over assisted suicide, some argue against the practice of assisting another in his/her suicide by appeal to the inviolability of human life; call such views inviolability of life views (ILV). Although there are several ways that one could defend ILV, one secular defense, a defense that can be found in Neil Gorsuch's book The Future of Assisted Suicide and Euthanasia (Gorsuch, 2006), is as follows: human life is intrinsically valuable, and so we consequently have a duty to refrain from intentionally harming human life. Since assisted suicide, by definition, involves the intentional infliction of harm, assisted suicide is always inconsistent with the view that human life is intrinsically valuable. In this paper, I argue that the principle driving Gorsuch's argument – that we ought never to intentionally harm human life – is ambiguous. When clarified, the principle directs us to refrain from intentionally harming human biological life and human psychological life. I argue that it is not possible, in all cases, to satisfy both directives issued by the principle, rendering the principle problematic. In the closing section of the paper, I show that Gorsuch's principle is in fact consistent with some cases of assisted suicide. I suggest that suicide is, in some morally significant ways, similar to self-defense; just as it is at least permissible to assist in the self-defense of another, it is likewise permissible to assist in the suicide of another.

The correlation between diversion (Article 113 of the Criminal Code of Ukraine) and terrorist act (Article 258 of the Criminal Code of Ukraine)

The subject of this article covers the ratio of diversion and terrorist act, which includes: 1) a comparative analysis of the Criminal Law provisions defined in the Article 113 and Article 258 of the Criminal Code of Ukraine; 2) study of competition issues of these norms and separation from a similar set of such crimes. It is substantiated that the difference in the elements of crimes provided defined in Article 113 and Article 258 of the Criminal Code of Ukraine, above all, consists in the discrepancy between their mandatory signs of the object of the crime, the objective and subjective elements of the crime. Therefore, with the possible coincidence of some legal features of these crime elements, one or more of such distinctive features may be crucial for separation between a diversion and a terrorist act. During the investigating of the punishability for these crimes, it was found that in some cases the actual infliction of harm by a s diversion causes the necessity for additional qualifications by Part 2 of Art. 115 or Part 3 of Art. 258 of the Criminal Code of Ukraine. It is proved that the norm of diversion can be competed with the norm of a terrorist act as a whole (Article 113 of the Criminal Code of Ukraine) and as part of the whole (Article 258 of the Criminal Code of Ukraine), and in such cases the preference in enforcement should be qualified as a diversion. Examples given in this article are an illustrations of an ideal and actual set of diversion e and terrorist act.

Mental Stress from Animal Experiments: a Survey with Korean Researchers

Animal experiments have been widely conducted in the life sciences for more than a century, and have long been a subject of ethical and societal controversy due to the deliberate infliction of harm upon sentient animals. However, the harmful use of animals may also negatively impact the mental health of researchers themselves. We sought to evaluate the anxiety level of researchers engaged in animal use to analyse the mental stress from animal testing. The State Anxiety Scale of the State-Trait Anxiety Inventory (STAI) was used to evaluate how researchers feel when they conduct animal, as opposed to non-animal, based experiments (95 non-animal and 98 animal testing researchers). The Trait Anxiety Scale of STAI was employed to measure proneness to anxiety, namely the base trait of the researchers. Additionally, the information on sex, age, education, income, and total working periods was collected. While the Trait Anxiety scores were comparable (41.5 ± 10.9 versus 42.9 ± 10.1, p = 0.3682, t-test), the State Anxiety scores were statistically significantly higher for animal users than non-animal users (45.1 ± 10.7 versus 41.3 ± 9.4, p = 0.011). This trend was consistent for both male and female. Notably, younger animal testers (≤ 30 years of age) with less work experience (≤ 2 years) and lower income level (≤ 27,000 USD) exhibited higher anxiety scores, whereas these factors did not affect the anxiety level of non-animal users. The present study demonstrated that participation in animal experiments can negatively impact the mental health of researchers.

Законодательное определение крайней необходимости нуждается в дополнении

The article considers the development of extreme necessity, one of the circumstances excluding the criminality of a deed. The transformation of its legal definition in terms of the sufficiency and completeness for the law enforcement is analyzed. The comparative legal analysis of the criminal legislation of foreign countries, former republics of the Soviet Union is carried out with regard to the regulation of extreme necessity. The insufficient legal regulation of the definition of extreme necessity is identified in the Criminal Code of the Russian Federation. In some cases it obliges the law enforcement agent to proceed not from its legal definition, but from the practice of the law enforcement and theory of the criminal law. Thus the law does not regulate cases of unsuccessful extreme necessity. It does not provide for a list of the circumstances that significantly affect a legal assessment of the infliction of harm in a state of extreme necessity and does not contain a criminal law assessment of the actions of the person who created a dangerous situation and then harms legally protected objects. In addition the imperfection in the definition of exceeding the limits of extreme necessity is pointed out. The analysis of the specialized literature and foreign legislation allowed the author to conclude that the legislative definition of extreme necessity needs to be supplemented. Key words: extreme necessity, exceeding the limits of extreme necessity, situation of lawful harm, circumstances excluding criminality of deed, quality of criminal legislation.

Interfacing With Faces: Perceptual Humanization and Dehumanization

This article links the visual perception of faces and social behavior. We argue that the ways in which people visually encode others’ faces—a rapid-fire perceptual categorization—can result in either humanizing or dehumanizing modes of perception. Our model suggests that these perceptual pathways channel subsequent social inferences and behavior. We focus on the construct of perceptual dehumanization, which involves a shift from configural to featural processing of human faces and, in turn, enables the infliction of harm, such as harsh punishments. We discuss visual attention as an antecedent of perceptual modes and consequent modes of social behavior and speculate about the functions of humanization and dehumanization in sustaining macro-level social structures.

Pathways to Self-Injury: A Qualitative Exploration of Social Psychological Processes

Self-injury is a deviant behavior often understood as the intentional infliction of harm onto one’s own body that exists absent of suicidal. This study uses a qualitative methodology to examine the etiology and perpetuation of self-injury using the terminology of relevant social-psychological theories to determine which processes best describe a causal pathway leading to self-injury and its perpetuation after the onset of the behavior. Data obtained from 16 semi-structured interviews with former and current self-injurers indicate that the processes described in general strain theory, social learning theory, and social control theory are all important for understanding the etiology and perpetuation of self-injury. Analytic induction was utilized as the method of analysis in order to parse out only the elements universal to pathways to self-injury evident in all of the examined cases. All participants used self-injury as coping response for mitigating negative affect stemming from strain, thus, implicating general strain theory as important for understanding the onset of self-injury. Participants were categorized into two subtypes of self-injurers based upon the temporal dimension of the social learning process. Future research should attempt to use quantitative methodologies to provide generalizability for the results of this study and examine how changes in risk and protective factors over the life-course modify one’s propensity to engage in self-injury.

ОБОСНОВАННЫЙ РИСК: АЛГОРИТМ КВАЛИФИКАЦИИ

The article proposes a sequence of actions to address the key problems of establishing the conformity between the signs of a committed action and the signs of the composition of an action with a reasonable risk. In addition to qualifying crimes, other criminal and right acts to which, for example, the acts committed under crime-excluding circumstances belong, are also subject to the criminal-legal evaluation. The concept of qualifying a lawful infliction of harm in a reasonable risk is considered. The qualification of an offence in the reasonable risk circumstances means the establishment of conformity between the signs of a committed action and the signs of the composition of an action (lawful infliction of harm), committed under the circumstances of a reasonable risk. Only the presence of all elements of lawful infliction of harm excludes the criminal character of the committed offence. When establishing the conformity between the signs of a committed action and the signs of a lawful infliction of harm under the circumstances of a reasonable risk, law enforcement officials often make e. In order to minimize mistakes in the law enforcement activities at qualifying the actions committed under crime-excluding circumstances, the article proposes the algorithm of qualification of lawful infliction of harm with a reasonable risk. The algorithm of the qualification of a reasonable risk is proposed to be understood as a sequence of actions to establish the correspondence between the signs of an in fact committed offense and the signs of the composition of an action committed under the circumstances of a reasonable risk.

ИСПОЛНЕНИЕ ПРИКАЗА ИЛИ РАСПОРЯЖЕНИЯ КАК ОБСТОЯТЕЛЬСТВО, ИСКЛЮЧАЮЩЕЕ ПРЕСТУПНОСТЬ ДЕЯНИЯ: АЛГОРИТМ КВАЛИФИКАЦИИ

The paper proposes a sequence of actions to address key issues to establish the correspondence between the signs of a committed offense and the characteristics of the corpus of the act when executing orders or instructions. In addition to qualification of crimes, criminal-legal acts are also subject to criminal-legal assessment, for example, acts committed in circumstances excluding their criminality. In this paper, the concept of the qualification of lawful infliction of harm in the execution of an order or instruction is considered. Qualification of an offence in the circumstances of execution of an order or instruction means the establishment of a correspondence between the signs of the committed action and the signs of the corpus of the act (the lawful infliction of harm) committed in execution of an order or instruction. The establishment of all signs of the corpus of lawful harm in execution of an order or instruction in the committed action is the basis for recognizing the act as lawful. When establishing the correspondence between the signs of the committed act and the signs of the corpus of a lawful infliction of harm in the circumstances of the execution of an order or instruction by a law enforcement agent, mistakes are often made. In order to minimize the mistakes in law enforcement activities when qualifying the acts committed in the circumstances that exclude the criminality of the act, the article proposes an algorithm for qualifying the lawful infliction of harm when executing an order or instruction. Under the algorithm of qualifying the corpus of the execution of an order or instruction, the sequence of actions to establish the correspondence between the signs of the actual act committed and the signs of the composition of the act committed while executing the order or instruction (the composition of the lawful infliction of harm in execution of an order or instruction) is understood.

The Vindication of Good Over Evil: 'Futile' Self-Defense

I defend the intuition that an innocent victim (IV) is permitted to use defensive force against a wrongful aggressor (WA) even when both parties know the harm inflicted is futile in that it will not prevent aggression in either the present or the future. To support this intuitive judgment, I maintain that the infliction of harm upon WA by IV produces an impersonal good --- a valuable objective that is not good for IV or indeed for anyone. I describe the advantages of employing impersonal goods to support the intuition that IV is permitted to harm WA even though the effort is futile.

‘Got him’: Revenge, emotions, and the killing of Osama bin Laden

AbstractThe extrajudicial killing of Osama bin Laden (OBL) on 2 May 2011 was greeted with jubilation in the United States. The dominant interpretation of the event – expressed in US media, by US political elites, and on the streets of US cities – was that justice had been served on the perpetrator of the 9/11 atrocity and thereby a great historical wrong had been righted. This article argues that the ‘justice’ deployed was a proxy for revenge, understood as the infliction of harm on those who had inflicted harm on the avenger. The argument is situated in a broader discussion of the emotional topography on which acts of state revenge are politically premised. The bin Laden case is used to explore some issues raised by the growing literature on emotions in politics and International Relations including, most importantly, how emotions are collectivised and made public.

The right to adequate and safe working conditions in Ukraine

The special attention is given to the rights of the citizens for independent and safe working conditions. The rights secured by law and guaranteed of each among workers and employers have been considered. The court case on infliction of harm to health in the performance of job duties has been analyzed. Taking this case as an example one can see different possible ways of its solution that cause controversy and contradictions. The Court of First Instance takes the side of the employer, Court of Appeal – on the side of the victim and consideration of the case on cassation appeal - shows only that the state taking the role of the judge is on the employer side not on the side of the worker as a victim. So, one can see that course of the state policy secured by legislators in the numerous normative acts and being reflection of the constitutional principle of the recognition by the state of the human being, his or her life and health, honour and dignity, inviolability and security as the highest social value that is foreseen by Article 3 and by the provision of Part 4 Article 43 of the Basic Law does not correspond to the realities of life.