Piotr Tomasz Arkuszewski, Ewa Meissner, Małgorzata Zielińska, Piotr Hadrowicz
{"title":"在头骨的面部和大脑部分因击打而严重受伤的案件中,在提出法医意见方面存在困难。","authors":"Piotr Tomasz Arkuszewski, Ewa Meissner, Małgorzata Zielińska, Piotr Hadrowicz","doi":"10.4467/16891716AMSIK.21.001.14224","DOIUrl":null,"url":null,"abstract":"<p><strong>Aim: </strong>Comparison of injuries to the facial and cerebral parts of the skull causing death and grievous bodily harm, resulting solely from punches to the facial area of the skull. Assessment and confrontation of both groups in terms of the final criminal-legal classification of the perpetrator's acts. Review of reasons for court judgements with a focus on the subjective elements of the prohibited act. Attempt to verify the hypothesis assuming that death or grievous bodily harm can be caused by a single punch to the facial part of the skull.</p><p><strong>Material and methods: </strong>Final judgements passed by criminal divisions of common courts of law in cases where death or grievous bodily harm was caused by injuries to the facial and cerebral parts of the skull resulting solely from punches to the facial area of the skull. Assessment of individual cases within each group to determine similarities and differences. Comparative analysis of both groups.</p><p><strong>Results: </strong>The cause of death in cases involving injuries to the facial part of the skull was rapid suffocation following blood aspiration into the respiratory tract. However, the criminal-legal classification of the perpetrators' actions in these cases was varied. In one case, death resulted from injuries to the cerebral part of the skull, which are extremely rare as a result of a punch to the facial area within the skull. Grievous bodily harm was due to the loss of vision in the eye, typically due to eyeball rupture.</p><p><strong>Conclusions: </strong>Even though the circumstances of the injuries were similar, different mechanisms were responsible for causing death and grievous bodily harm in the victims. The most severe consequences (death and grievous bodily harm) were not caused by injuries of the same type in any of the cases studied. A single punch to the facial part of the skull may be enough to lead to either grievous bodily harm or death, but the criminal-legal assessment of punching to the face can vary greatly.</p>","PeriodicalId":35709,"journal":{"name":"Archiwum Medycyny Sadowej i Kryminologii","volume":"71 1-2","pages":"1-30"},"PeriodicalIF":0.0000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Difficulties involved in the formulation of forensic opinions in cases of severe injuries to the facial and cerebral parts of the skull due to punching.\",\"authors\":\"Piotr Tomasz Arkuszewski, Ewa Meissner, Małgorzata Zielińska, Piotr Hadrowicz\",\"doi\":\"10.4467/16891716AMSIK.21.001.14224\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><strong>Aim: </strong>Comparison of injuries to the facial and cerebral parts of the skull causing death and grievous bodily harm, resulting solely from punches to the facial area of the skull. Assessment and confrontation of both groups in terms of the final criminal-legal classification of the perpetrator's acts. Review of reasons for court judgements with a focus on the subjective elements of the prohibited act. Attempt to verify the hypothesis assuming that death or grievous bodily harm can be caused by a single punch to the facial part of the skull.</p><p><strong>Material and methods: </strong>Final judgements passed by criminal divisions of common courts of law in cases where death or grievous bodily harm was caused by injuries to the facial and cerebral parts of the skull resulting solely from punches to the facial area of the skull. Assessment of individual cases within each group to determine similarities and differences. Comparative analysis of both groups.</p><p><strong>Results: </strong>The cause of death in cases involving injuries to the facial part of the skull was rapid suffocation following blood aspiration into the respiratory tract. However, the criminal-legal classification of the perpetrators' actions in these cases was varied. In one case, death resulted from injuries to the cerebral part of the skull, which are extremely rare as a result of a punch to the facial area within the skull. Grievous bodily harm was due to the loss of vision in the eye, typically due to eyeball rupture.</p><p><strong>Conclusions: </strong>Even though the circumstances of the injuries were similar, different mechanisms were responsible for causing death and grievous bodily harm in the victims. The most severe consequences (death and grievous bodily harm) were not caused by injuries of the same type in any of the cases studied. A single punch to the facial part of the skull may be enough to lead to either grievous bodily harm or death, but the criminal-legal assessment of punching to the face can vary greatly.</p>\",\"PeriodicalId\":35709,\"journal\":{\"name\":\"Archiwum Medycyny Sadowej i Kryminologii\",\"volume\":\"71 1-2\",\"pages\":\"1-30\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Archiwum Medycyny Sadowej i Kryminologii\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.4467/16891716AMSIK.21.001.14224\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Medicine\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Archiwum Medycyny Sadowej i Kryminologii","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.4467/16891716AMSIK.21.001.14224","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Medicine","Score":null,"Total":0}
Difficulties involved in the formulation of forensic opinions in cases of severe injuries to the facial and cerebral parts of the skull due to punching.
Aim: Comparison of injuries to the facial and cerebral parts of the skull causing death and grievous bodily harm, resulting solely from punches to the facial area of the skull. Assessment and confrontation of both groups in terms of the final criminal-legal classification of the perpetrator's acts. Review of reasons for court judgements with a focus on the subjective elements of the prohibited act. Attempt to verify the hypothesis assuming that death or grievous bodily harm can be caused by a single punch to the facial part of the skull.
Material and methods: Final judgements passed by criminal divisions of common courts of law in cases where death or grievous bodily harm was caused by injuries to the facial and cerebral parts of the skull resulting solely from punches to the facial area of the skull. Assessment of individual cases within each group to determine similarities and differences. Comparative analysis of both groups.
Results: The cause of death in cases involving injuries to the facial part of the skull was rapid suffocation following blood aspiration into the respiratory tract. However, the criminal-legal classification of the perpetrators' actions in these cases was varied. In one case, death resulted from injuries to the cerebral part of the skull, which are extremely rare as a result of a punch to the facial area within the skull. Grievous bodily harm was due to the loss of vision in the eye, typically due to eyeball rupture.
Conclusions: Even though the circumstances of the injuries were similar, different mechanisms were responsible for causing death and grievous bodily harm in the victims. The most severe consequences (death and grievous bodily harm) were not caused by injuries of the same type in any of the cases studied. A single punch to the facial part of the skull may be enough to lead to either grievous bodily harm or death, but the criminal-legal assessment of punching to the face can vary greatly.
期刊介绍:
Archiwum Medycyny Sądowej i Kryminologii przyjmuje w języku polskim: prace doświadczalne, poglądowe, kazuistyczne, artykuły o charakterze szkoleniowym z medycyny sądowej, kryminologii i dziedzin pokrewnych, opracowania z zakresu etyki i deontologii lekarskiej, streszczenia prac obcych, oceny książek, sprawozdania z działalności PTMSiK, sprawozdania ze zjazdów krajowych i zagranicznych, komunikaty Zarządu Głównego PTMSiK, listy do Redakcji. Autor powinien podać, do jakiej kategorii zalicza tekst nadesłanej pracy. Przyjmowane do druku będą również prace autorów zagranicznych w języku angielskim.