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A próposito de la iustae causae del divorcio: protección de la mujer frente al maltrato (About the iustae causae of Divorce: Protecting the Woman Against Maltreatment)

Yeray Del Pino Álamo González

 

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Law and Forensic Science, Volume 15 (2018/1), pages 81-92.

Submitted: June 21, 2018.

The author declares there is no conflict of interest.

Abstract: The title deduces a problem of current news, violence against women and the possibility that women had to dissolve the marriage bond, as a way to avoid abuse. In this regard, we thought it appropriate to present a series of reflections on domestic violence. In this sense, it should be noted that Rome was not far from this social problem of married women who, given their social categorization, based on honesty or pity, as good midwives, suffered violence in a submissive attitude against the husband, in a system in which invisibility and silence predominate in the face of certain types of aggression. Well, in this way, in the present lines, we will refer to fragments such as Papiniano, 15 resp. D.48.5.40. (39). pr. and also sources such as P. Oxyrinco VI 903, who analyze a problem that is so close in our current society and that resulted in the need to implant in the past the option of sending the husband the repudiation, thus dissolving the marriage, as a guarantee in those cases where the woman could suffer a humiliation under the mistreatment.

Keywords: Law, domestic aggression, puditicia, repudium, iustae causae

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Apoderamiento preventivo y autodelación de la tutela en la Ley 41/2003, de 18 de noviembre, de protección patrimonial de la personas con discapacidad (Preventive empowerment and self-disclosure of the guardianship in the Law 41/2003, of November 18, of patrimonial protection of the persons with disability)

Mª del Carmen Colmenar Mallén

 

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Law and Forensic Science, Volume 15 (2018/1), pages 69-80.

Submitted: June 8, 2018.

The author declares there is no conflict of interest.

Abstract: The present work focuses on the regulation of preventive seizure and self-protection or self-demarcation of the guardianship, figures both introduced in our common Civil Law by means of Law 41/2003, of November 18, on patrimonial protection of persons with disabilities. Mention has been made of the regulation of these figures in some of our statutory rights, such as Catalan, precedent of our current legislation, Galician and Aragonese. The differences between both figures have been analyzed, as well as the different modalities, formalization requirements of their constitution, persons entitled to grant it, etc.

Keywords: Law, self-defense, preventive empowerment, guardianship, disability

Continue reading “Apoderamiento preventivo y autodelación de la tutela en la Ley 41/2003, de 18 de noviembre, de protección patrimonial de la personas con discapacidad (Preventive empowerment and self-disclosure of the guardianship in the Law 41/2003, of November 18, of patrimonial protection of the persons with disability)”

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Searching for a Genetic Relationship Between the Mitochondrial DNA and Y-chromosomal Polymorphisms

Paulina Wolańska-Nowak
Agnieszka Parys-Proszek
Witold Pepiński
Ireneusz Sołtyszewski

Full text PDF, Table 1, Table 2, Table 3, Table 4, Table 5, Table 6, Table 7

Law and Forensic Science, Volume 15 (2018/1), pages 60-68.

Submitted: June 1, 2018.

The authors declare there is no conflict of interest.

Abstract: The present paper addresses the question of linkage disequilibrium (LD) between Y-chromosomal and mtDNA HVR1 distributions based on a population sample of southern Poland. Genetic independence of both polymorphisms would validate the use of the product rule in the assessment of matching probability, as is accepted for autosomal STRs.For this purpose, a total of 330 typed unrelated male samples were assigned to 17 Y-haplogroups, 32 mtDNA haplogroups, and 91 combined haplotypes(including 50 singletons). The average gene diversity for the two polymorphisms was 0.71045. The expected heterozygosity values were 0.69491 and 0.72598 for Y-chromosomalandmtDNA haplogroups, respectively.The exact test for pairwise LD indicated that there was no association between the analysed polymorphisms (median p-value=0.30781). The normalized entropy difference (NED) was0.02. These results prove lack of association between mitochondrial and Y-chromosomal markers and provide acceptable arguments for multiplying together likelihood ratios obtained from both genetic markers without any further assumptions.

Keywords: combined likelihood ratio,linkage disequilibrium, mtDNA, Y-chromosome, haplogroups, southern Poland

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Harm, Culpability and Criminal Liability: A Study of Justification and Excuse in Common Law Jurisprudence

George Mousourakis
  

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Law and Forensic Science, Volume 15 (2018/1), pages 45-59.

Submitted: April 18, 2018. Published: June 16, 2018.

The author declares there is no conflict of interest.

Abstract: This article examines the issue of criminal liability in terms of the theoretical distinction between justification and excuse. By contrast with German and other Continental criminal law systems, the distinction has not played a significant part in the development of criminal law doctrine in common law jurisdictions. Over the past few decades, however, there has been a growing interest in the benefits of this approach to conceptualising criminal liability, as manifested by the considerable literature on justification and excuse and the frequent references to the distinction in judicial decisions, legislative enactments and scholarly works. Although the distinction has been given a great deal of attention in common law countries in recent years, attempts at a systematic classification of criminal law defences on this basis run up against serious difficulties. These difficulties have much to do with the fact that elements of both justification and excuse often appear to overlap in the moral and conceptual basis of a legal defence. It is argued that, notwithstanding these difficulties, the theory of justification and excuse offers a viable model, which can achieve and maintain a measure of coherence among criminal law defences and facilitate understanding and acceptance of the criminal law system and its presuppositions. The references to German criminal law theory add a useful comparative perspective to the discussion of the issues.

Keywords: harm, culpability, criminal liability, justification, excuse, defences Continue reading “Harm, Culpability and Criminal Liability: A Study of Justification and Excuse in Common Law Jurisprudence”

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The Meaning of Procreative Autonomy in the Inter-American System of Human Rights. An Analysis of the Decision in Artavia Murillo v. Costa Rica Case

Teresinha Inês Teles Pires
  

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Law and Forensic Science, Volume 15 (2018/1), pages 9-44.

Submitted: April 3, 2018. Published: May 12, 2018.

The author declares there is no conflict of interest.

Abstract: The trial and the reasons adopted by the Inter-American Court of Human Rights (IACtHR) in Artavia Murillo v. Costa Rica represent significant progress in protecting women’s procreative autonomy. The decision of the IACtHR revoked a decision of the Constitutional Chamber of Costa Rica that banned the use of In Vitro Fertilization (IVF) in the country. With its decision, the IACtHR not only linked universal rights of freedom with procreative autonomy for women and men; but also, the IACtHR strongly reinforced an interpretation of the “right to life” that favors procreative autonomy. The decision is also remarkable by including a standard of equality in matters of procreative autonomy insofar as the IACtHR has held that women, because of negative gender stereotypes in society, have been significantly undermined by the decision of the Chamber of Costa Rica to ban IVF. Moreover, as will be argued, in similar future cases courts may introduce in the analysis the Convention of Belém do Pará,considering that the elimination of the IVF services (or other limitation of women’s procreative autonomy) can be seen as a form of violence against women’s moral integrity. Finally, the author will propose the possible application of international provisions on freedom of religion in the context of a broad protection of procreative autonomy. In this perspective, we will argue that those provisions should have been included in Artavia Murillo’s decision, considering the standards stated by IACtHR regarding the right to life and non-discrimination based on religion.

Keywords: procreative autonomy, gender equality, gender stereotypes, fundamental freedoms, right to life, religious discrimination Continue reading “The Meaning of Procreative Autonomy in the Inter-American System of Human Rights. An Analysis of the Decision in Artavia Murillo v. Costa Rica Case”

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Postmortem Vitreous Humor Analysis for Xenobiotics and their Metabolites

Marcin Łukasik
Faculty of Applied Toxicology, Medical University of Warsaw, Poland
Anna Małkowska
Faculty of Applied Toxicology, Medical University of Warsaw, Poland
Paulina Anna Cieślak
Faculty of Applied Toxicology, Medical University of Warsaw, Poland
Ireneusz Sołtyszewski
Department of Criminalistics and Forensic Medicine, University of Warmia and Mazury, Olsztyn, Poland. Corresponding author: e-mail: ireneusz.soltyszewski@uwm.edu.pl
Mirosław Szutowski
Faculty of Applied Toxicology, Medical University of Warsaw, Poland

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Law and Forensic Science, Volume 15 (2018/1), pages 1-8.

Submitted: September 14, 2017.

The authors declare there is no conflict of interest.

Abstract: This article discusses the current state of knowledge on quantifying xenobiotics and their metabolites in vitreous humor as part of postmortem toxicological analysis. The evaluated compounds included: opiates and their metabolites, cocaine and its metabolites, amphetamine and its metabolites, cannabinoids, phencyclidine, benzodiazepines, and ethyl alcohol and biomarkers of its abuse.

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