Archiv Fur Kriminologie[JOURNAL]
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200 papers
[The Patient Rights Act (PatRG)--part 1: legislative procedure, treatment contract, contracting parties and their obligations to cooperate and inform].
Parzeller M, Zedler B
Arch Kriminol · 2013 · PMID 24358619
The article deals with the new regulations in the German Civil Code (BGB) which came into effect in Germany on 26 Feb 2013 as the Patient Rights Act (PatRG). In Part I, the legislative procedure, the treatment contract a...
The article deals with the new regulations in the German Civil Code (BGB) which came into effect in Germany on 26 Feb 2013 as the Patient Rights Act (PatRG). In Part I, the legislative procedure, the treatment contract and the contracting parties (Section 630a Civil Code), the applicable regulations (Section 630b Civil Code) and the obligations to cooperate and inform (Section 630c Civil Code) are discussed and critically analysed.
[Decomposition of corpses--a microbial degradation process with special reference to mummification, formation of adipocere and incomplete putrified corpes].
Schoenen D
Arch Kriminol · 2013 · PMID 24010386
Decomposition of the human body is a microbial process. It is influenced by the environmental situation and it depends to a high degree on the exchange of substances between the corpse and the environment. Mummification...
Decomposition of the human body is a microbial process. It is influenced by the environmental situation and it depends to a high degree on the exchange of substances between the corpse and the environment. Mummification occurs at low humidity or frost. Adipocere arises from lack of oxygen, incomplete putrified corpses develop when there is no exchange of air or water between the corpse and the environment.
[Delusional disorder, autoaggression und suicide].
Klatte J, Lockemann U, Püschel K
Arch Kriminol · 2013 · PMID 24010385
The authors report on the suicide of a 27-year-old woman with extreme self-inflicted injuries. The victim suffered from schizophrenic psychosis with several stays in mental institutions and one previous suicide attempt....
The authors report on the suicide of a 27-year-old woman with extreme self-inflicted injuries. The victim suffered from schizophrenic psychosis with several stays in mental institutions and one previous suicide attempt. Autopsy revealed multiple cut and stab injuries in various body regions (51 stabs to the chest, cutting off parts of ears and nose, stab to the eye and transection of the scalp). Death was caused by exsanguination.
[Suicide in advanced age--report on an unusual case of hanging in a lying position].
Doberentz E, Hagemeier L, Madea B
Arch Kriminol · 2013 · PMID 24010384
Hanging is still the most common suicide method among men and women, even in high age groups. There are many variations of hanging. As compared to the body weight, only a relatively small force is necessary to obstruct t...
Hanging is still the most common suicide method among men and women, even in high age groups. There are many variations of hanging. As compared to the body weight, only a relatively small force is necessary to obstruct the carotid arteries. In this way hanging in a sitting, kneeling or even lying position is possible. Such an exceptional case is presented here. A 99-year-old, multi-morbid man (47 kg, 159 cm) was found lying strangled in his hospital bed. The ligature used was a stiff spiral cable for remote control of the bed, which was directly attached to the wall behind its head end. The position allowed compression of the neck vessels, which resulted in marked congestion of the head, numerous petechial and confluent haemorrhages in the facial skin as well as blood loss from both ear canals. In the cervical soft tissue above the ligature, bleeding into the muscles and connective tissue as well as multiple haemorrhages in the tongue were found. Reconstruction at scene showed that suicide was possible. In such unusual cases, extensive police investigations, forensic autopsy and reconstruction of the course of events to prove feasibility are essential.
[Silent death in the recovery room--organizational fault with fatal consequences].
Zinka B, Neelmeier T
Arch Kriminol · 2013 · PMID 24010383
Cases of death related to simple routine outpatient surgery are repeatedly reported. Minimum standards of staff and medical equipment for postoperative surveillance are deliberately ignored for economic reasons. Using tw...
Cases of death related to simple routine outpatient surgery are repeatedly reported. Minimum standards of staff and medical equipment for postoperative surveillance are deliberately ignored for economic reasons. Using two case studies this article identifies classical types of medical malpractice and organizational fault. Recommendations for criminal investigation in this type of cases are outlined for the competent authorities.
[Medico-legal assessment of the ability to undergo imprisonment: a retrospective analysis of larger numbers of cases from Hamburg].
Lach H, Püschel K, Schulz F
Arch Kriminol · 2013 · PMID 24010382
The medico-legal assessment and preparation of expert opinions on the ability to undergo imprisonment is an important part of the administration of justice. However, statistical data or reports on such examinations are r...
The medico-legal assessment and preparation of expert opinions on the ability to undergo imprisonment is an important part of the administration of justice. However, statistical data or reports on such examinations are rare. The article therefore presents an analysis of data from the Medico-Legal Service ("Gerichtsärztlicher Dienst") of the City of Hamburg covering the period from 1975 to 2011. Based on a previous study from the early 1970s, the development of such assessment activities and their results were analysed in detail with the help of relevant statistical data. Conclusions can be drawn as to the need for general medical knowledge of experts giving opinions in the field of clinical forensic medicine.
[Suicide under the influence of "magic mushrooms"].
Müller K, Püschel K, Iwersen-Bergmann S
Arch Kriminol · 2013 · PMID 23878898
Psilocybin/psilocin from so-called psychoactive mushrooms causes hallucinogenic effects. Especially for people with mental or psychiatric disorders ingestion of magic mushrooms may result in horror trips combined with th...
Psilocybin/psilocin from so-called psychoactive mushrooms causes hallucinogenic effects. Especially for people with mental or psychiatric disorders ingestion of magic mushrooms may result in horror trips combined with the intention of self-destruction and suicidal thoughts. Automutilation after consumption of hallucinogenic mushrooms has already been described. Our case report demonstrates the suicide of a man by self-inflicted cut and stab injuries. A causal connection between suicidal behaviour and previous ingestion of psychoactive mushrooms is discussed.
[Medicolegal aspects of a survived suicide attempt by hanging].
Nadjem H, Pollak S
Arch Kriminol · 2013 · PMID 23878897
Report on the clinical and medicolegal findings in a survived suicide attempt by hanging. A 39-year-old woman was found unconscious in a crouching position on the balcony of her flat. The hanging device was an electric c...
Report on the clinical and medicolegal findings in a survived suicide attempt by hanging. A 39-year-old woman was found unconscious in a crouching position on the balcony of her flat. The hanging device was an electric cable running around her neck in a single loop and attached to the balcony wall. After removing the noose, resuscitation measures were started immediately. For 5 hours, the victim was at first in a comatose and then in a somnolent state. The period of amnesia covered also the preparations for the suicidal act. The forensic examination performed on the same day showed a reddish, streak-like hanging mark, pronounced signs of blood congestion with dense petechial haemorrhages in the facial skin, confluent haemorrhages in the conjunctivae as well as bleeding from the left external auditory canal. BAC was 2.2 per mil. On the basis of the findings and the clinical course, criminalistic and pathophysiological aspects of near-hanging are discussed.
[Postmortem detection of accidental methadone intoxication in a 10-year-old girl].
Thierauf A, Vogt S, Pollak S … +1 more , Perdekamp MG
Arch Kriminol · 2013 · PMID 23878896
Intoxications in children still account for a large part of the cases reported to poison control centres. Among drug intoxications, substitution drugs have gained in importance lately. Careless storage of take-home medic...
Intoxications in children still account for a large part of the cases reported to poison control centres. Among drug intoxications, substitution drugs have gained in importance lately. Careless storage of take-home medications puts children living in the same household at risk. The authors report on a fatal case of a 10-year-old girl who died from intoxication with methadone belonging to a carer. The accidental intoxication had not been diagnosed at the hospital where the girl was treated for suspected meningitis. The question of medical malpractice is discussed.
[About the Geserick sign--a literature study].
Wirth I, Krocker K, Schmeling A
Arch Kriminol · 2013 · PMID 23878895
Fractures of the medial and basal orbital wall as well as the petrous part of the temporal bone were described first in 1980 by a Berlin-based study group led by Geserick as new cranium findings resulting from a contreco...
Fractures of the medial and basal orbital wall as well as the petrous part of the temporal bone were described first in 1980 by a Berlin-based study group led by Geserick as new cranium findings resulting from a contrecoup mechanism. Experimental and comparative examinations revealed that indirect fractures of the orbital walls are caused by a coup action of the eyeballs, whereas the mechanogenesis of the petrous bone fractures continues to be unclear. The frequently combined occurrence with the orbital sign nonetheless permits an allocation to the contrecoup mechanism. Both signs are important criteria for forensic and clinical assessment of craniocerebral injuries.
[Sonographic examination on the time frame of ossification of the distal fibula epiphysis].
Schulz R, Schiborr M, Pfeiffer H … +2 more , Schmidt S, Schmeling A
Arch Kriminol · 2013 · PMID 23878894
In order to increase the reliability of forensic age estimations in living adolescents and young adults without justification for X-ray examinations, the establishment of radiation-free imaging procedures is desirable. I...
In order to increase the reliability of forensic age estimations in living adolescents and young adults without justification for X-ray examinations, the establishment of radiation-free imaging procedures is desirable. In this study, the ossification stage of the right-hand distal fibula epiphysis was sonographically determined prospectively in 309 male and 307 female healthy volunteers. For this purpose a four-stage classification system was used. A sonographically determined ossification stage 3 permits the proof of completion of age 13 in boys and the proof of completion of age 12 in girls. In case of an ossification stage 4 the completion of age 14 in boys and the completion of age 13 in girls can be certified. In order to increase the level of reliability of age estimates, findings should be collected by at least two independent examiners who are experienced in the sonography of skeletons, followed by consensus-building.
[History, present situation and perspectives of forensic age diagnostics of living persons].
Schmeling A, Krocker K, Wirth I
Arch Kriminol · 2013 · PMID 23878893
Although age estimations of living persons have been carried out for a long time already, the importance of forensic age diagnostics has increased considerably since the beginning of the 1980s. The Study Group on Forensi...
Although age estimations of living persons have been carried out for a long time already, the importance of forensic age diagnostics has increased considerably since the beginning of the 1980s. The Study Group on Forensic Age Diagnostics of the German Society of Legal Medicine founded under the chairmanship of Prof. Dr. Gunther Geserick in March 2000 has published recommendations for age assessments in criminal proceedings, in pension matters as well as in civil and asylum proceedings. Based on regular meetings and proficiency tests, this study group makes an important contribution to quality assurance in age assessment. The introduction of radiation-free imaging procedures in age estimation practice is to be expected in the near future.
[Putrefaction in a mortuary cold room? Unusual progression of postmortem decomposition processes].
Kunz SN, Brandtner H, Meyer H
Arch Kriminol · 2013 · PMID 23678626
This article illustrates the rare case of rapid body decomposition in an uncommonly short postmortem interval. A clear discrepancy between early postmortem changes at the crime scene and advanced body decomposition at th...
This article illustrates the rare case of rapid body decomposition in an uncommonly short postmortem interval. A clear discrepancy between early postmortem changes at the crime scene and advanced body decomposition at the time of autopsy were seen. Subsequent police investigation identified a failure in the cooling system of the morgue as probable cause. However, due to the postmortem status of the body, a moderate rise in temperature alone is not considered to have caused the full extent of postmortem changes. Therefore, other factors must have been present, which accelerated the postmortem decomposition processes. In our opinion, the most reasonable explanation for this phenomenon would be a rather long resting time of the corpse in a non-refrigerated hearse on a hot summer day.
[Phentermine--a "weighty" or a dangerous substance?].
Skopp G, Jantos R
Arch Kriminol · 2013 · PMID 23678625
According to international surveys, the appetite suppressant phentermine has frequently been seized although its approval has been withdrawn in Germany. Phentermine is an isomer of methamphetamine though is not optically...
According to international surveys, the appetite suppressant phentermine has frequently been seized although its approval has been withdrawn in Germany. Phentermine is an isomer of methamphetamine though is not optically active such as e. g. amphetamine. The drug acts as a potent substrate at the norepinephrine transporter simultaneously promoting its release; it has a weaker activity at the dopamine transporter whereas its activity towards the serotonin transporter is negligible. Overall, its pharmacological action is comparable to that of amphetamine albeit less strong. Due to its declining effect with time and its addiction potential it has been recommended that phentermine should be used for a few weeks only. Phentermine hydrochloride is a readily soluble salt; absorption of the resinate compound is considerably slower. The drug is not extensively biotransformed; p- and N-hydroxyphentermine are the primary metabolites also being excreted as glucuronide conjugates. Gas chromatographic techniques to identify and to quantify phentermine in biological specimens are applicable following derivatization; however, liquid chromatography coupled to mass spectrometry is currently preferred for analysis of urine, serum or hair. Short-term clinical studies having been performed in the 80s and 90s revealed no serious harmful side effects. However, there are case reports proposing that phentermine usage might be associated with severe health risks due to hypertension, vasoconstriction and vasculopathy; in some individuals, mental illness had been observed. Apart from the legal consequences following purchase of drugs that have been withdrawn its user will simultaneously run serious and unpredictable health risks.
[Legal issues of physician-assisted euthanasia. Part III--Passive euthanasia, comparison of international legislation, conclusions for medical practice].
Laux J, Röbel A, Parzeller M
Arch Kriminol · 2013 · PMID 23678624
The generic term "passive euthanasia" includes different issues dealing with the omission, discontinuation or termination of life-sustaining or life-prolonging medical treatments. The debate around passive euthanasia foc...
The generic term "passive euthanasia" includes different issues dealing with the omission, discontinuation or termination of life-sustaining or life-prolonging medical treatments. The debate around passive euthanasia focuses on the constitutional right of self-determination of every human being on the one hand and the constitutional mandate of the State to protect human life on the other. Issues of passive euthanasia always require a differentiated approach. Essentially, it comes down to the following: In Germany, the human right of self-determination includes the right to prohibit the performance of life-sustaining treatments, even if this leads to the death of the patient. A physician who does not take life-sustaining treatment measures because this is the free will expressed by the patient is not subject to prosecution. On the other hand, if the physician treats the patient against his will, this can be deemed a punishable act of bodily injury. The patient's will is decisive even if his concrete state of health does no longer allow him to freely express his will. In the Patient's Living Will Act of 2009, the German legislator clarified the juridical assessment of such constellations being of particular relevance in practice. A written living will of a person in which he requests to take or not to take certain medical treatment measures in case that he is no longer able to make the decision himself shall be binding for the people involved in the process of medical treatment. If there is no living will, the supposed will of the patient shall be relevant. In its judgment in the "Putz case", the German Federal Court of Justice ruled in 2010 that actions terminating a life-sustaining treatment that does not correspond to the patient's will must be limited to letting an already ongoing disease process run its course. In this context it is not important, however, whether treatment is discontinued by an active act or by omission. Under certain circumstances, the termination of life-sustaining measures can also be permitted if they are no longer medically indicated. Looking to other European countries and the USA it becomes evident that euthanasia is the subject of controversial discussion and interpretation not only in Germany.
[Death in a rainwater tank--unusual death by hypothermia].
Doberentz E, Madea B
Arch Kriminol · 2013 · PMID 23596895
Death due to hypothermia is often accidental and associated with alcohol intoxication, diseases or previous trauma. A very rare phenomenon is suicidal hypothermia. A 74-year-old depressive woman was found dead in a rain...
Death due to hypothermia is often accidental and associated with alcohol intoxication, diseases or previous trauma. A very rare phenomenon is suicidal hypothermia. A 74-year-old depressive woman was found dead in a rain barrel with her head above the water level in February at an outdoor temperature of 0 degrees C. Forensic autopsy did not reveal any findings typical of drowning. Likewise, there was no morphological evidence of hypothermia, but this cannot be expected in immersion hypothermia with a very short agony. Unusual situations at scene always require comprehensive police investigations and medicolegal examinations.
[Experimental throws with a knife to clarify a case of domestic violence].
Muggenthaler H, Drobnik S, Hubig M … +2 more , Niederegger S, Mall G
Arch Kriminol · 2013 · PMID 23596894
For an expert opinion, the course of events in a conflict resulting in a 3 cm deep and 1.8 cm wide stab wound on the neck of a woman was to be reconstructed. Based on the statements of witnesses, there were three possibl...
For an expert opinion, the course of events in a conflict resulting in a 3 cm deep and 1.8 cm wide stab wound on the neck of a woman was to be reconstructed. Based on the statements of witnesses, there were three possible scenarios: 1. The knife was thrown from a distance of about one meter. 2. The knife had accidentally slipped from the hand. 3. The knife was deliberately used for a stab to the neck of the victim. The experimental setup comprised the knife presumably causing the injury and four comparable knives. The victim was represented by a pig carcass. The results of the test throws are presented and the sequence of movements is assessed as to the most probable course of events. Four male and three female subjects performed test throws which were documented by video recordings and measurements of the penetration depth. Six of the seven subjects were able to generate stab wounds by throwing the knives, whereas a knife accidentally slipping from the hand never caused a stab wound in the tests.
[Death by erotic asphyxiation (breath control play)].
Madea B, Hagemeier L
Arch Kriminol · 2013 · PMID 23596893
Most cases of sexual asphyxia are due to autoerotic activity. Asphyxia due to oronasal occlusion is mostly seen in very old or very young victims. Oronasal occlusion is also used in sadomasochistic sexual practices like...
Most cases of sexual asphyxia are due to autoerotic activity. Asphyxia due to oronasal occlusion is mostly seen in very old or very young victims. Oronasal occlusion is also used in sadomasochistic sexual practices like "breath control play" or "erotic asphyxiation". If life saving time limitations of oronasal occlusion are not observed, conviction for homicide caused by negligence is possible.
[Legal issues of physician-assisted euthanasia. Part II--Help in the dying process, direct and indirect active euthanasia].
Laux J, Röbel A, Parzeller M
Arch Kriminol · 2013 · PMID 23596892
In Germany, physician-assisted euthanasia involves numerous risks for the attending physician under criminal and professional law. In the absence of clear legal provisions, four different categories of euthanasia have be...
In Germany, physician-assisted euthanasia involves numerous risks for the attending physician under criminal and professional law. In the absence of clear legal provisions, four different categories of euthanasia have been developed in legal practice and the relevant literature: help in the dying process, direct active euthanasia, indirect active euthanasia and passive euthanasia. The so-called "help during the dying process" by administering medically indicated analgesic drugs without a life-shortening effect is exempt from punishment if it corresponds to the will of the patient. If the physician omits to give such analgesic drugs although the patient demands them, this is deemed a punishable act of bodily injury. The same applies if the physician administers analgesics against the will of the patient. Medically indicated pain treatment which has a potential or certain life-shortening effect (indirect active euthanasia) is permitted under certain conditions: if there are no alternative and equally suitable treatment options without the risk of shortening the patient's life, if the patient has given his consent to the treatment and if the physician does not act with the intention to kill. The deliberate killing of a dying or terminally ill patient for the purpose of ending his suffering (direct active euthanasia) is prohibited. This includes both deliberately killing a patient against or without his will (by so-called "angels of death") and the killing of a patient who expressly and earnestly demands such an act from his physician (killing on request/on demand). Physician-assisted suicide is generally not liable to punishment in Germany. Nevertheless, the action may be subject to punishment if the physician omits to rescue the life of an unconscious suicide victim. "Palliative sedation" is regarded as a special case. It may become necessary if certain symptoms in the terminal stage of a fatal disease unbearable for the patient cannot be controlled by any other means. The legal assessment of "palliative sedation" depends on the circumstances of the individual case, in particular the "informed consent" of the patient and the physician's intention.
[The history of Polish criminalistics and forensic medicine and their links to Austrian science].
Widacki J
Arch Kriminol · 2012 · PMID 23367793
The institution of the medical expert was already known in the early Polish courts. The first Chair of Forensic Medicine on Polish soil was established in 1805 at the Jagiellonian University in Cracow and has existed unt...
The institution of the medical expert was already known in the early Polish courts. The first Chair of Forensic Medicine on Polish soil was established in 1805 at the Jagiellonian University in Cracow and has existed until today. Among its most prominent forensic scientists are Prof. Fryderyk Hechell (1795-1851), Prof. Leon Blumenstock (1838-1895), who was the first to give regular lectures on forensic medicine for law students, and Prof. Leon Wachholz (1867-1941), who was a student of both Prof. Blumenstock and Prof. Eduard von Hofmann (1837-1897), under whose supervision he worked in Vienna. Under his guidance and supervision, he started to collect material for his habilitation. At that time, Hofmann was considered the pioneer of experimental research in forensic medicine. In Vienna, Wachholz was a guest scientist not only with Prof. von Hofmann, but also in the Psychiatric Hospital of Prof. Richard von Krafft-Ebing. After his return to Cracow, he was head of the Institute of Forensic Medicine of the Jagiellonian University for several decades. Apart from forensic medicine in the strict sense of the word, he also worked in the fields now known as criminalistics, forensic psychiatry and criminology. In these latter fields, the influence of Krafft-Ebing was still noticeable. Three students of Wachholz became professors of forensic medicine: Jan Olbrycht, Stanislaw Horoszkiewicz and Włodzimierz Sieradzki. Their students founded a whole generation of forensic scientists. Today, all Polish forensic scientists are either directly or indirectly students of Professor Wachholz' successors.
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