scholarly journals The testimony of a minor: when does a procedural truth correspond to a historical truth? / La testimonianza del minore: quando una verità processuale corrisponde ad una verità storica? / El testimonio del menor: ¿cuándo una verdad procesal corresponde a una verdad histórica?

2019 ◽  
Author(s):  
Luisa Marra
Keyword(s):  
Child Abuse ◽  
Complex Phenomenon ◽  
Psychological Violence ◽  
Criminal Trials ◽  
The Subject ◽  
The Moment ◽  
Historical Truth ◽  
A Minor ◽  
Current Code

The child abuse in its various forms, physical, sexual and psychological violence, is a complex phenomenon, potentially able to alter not only the natural development of the subject abused, but also his ability to relate to others. This paper aims to point out the way that the child has to take from the moment he decided to take over being a victim of abuse at the time when it is called to testify about the abuse right away, with all the difficulties that this witness implies, not only for the child himself, but also for those who are called upon to decide and rule on the quality of that testimony. The art. 196 of the current Code of Criminal Procedure recognizes everyone the ability to testify, then, including minors. Nothing therefore prevents the operators from taking information from a child in criminal trials. Moreover, investigators have wide discretion not only "if" hearing the minor, but also on the methods to do it. This entails serious risks on the authenticity of the evidential result: mnestic lability, suggestibility, tendency to pander to the interlocutor's expectations, all of which are typical factors of the minor that can compromise the correct reconstruction of the facts.  RiassuntoL’abuso dell’infanzia, nelle sue diverse forme, fisica, sessuale e psicologica, è un fenomeno complesso, potenzialmente in grado di alterare non solo il naturale sviluppo del soggetto abusato, ma anche la sua capacità di rapportarsi agli altri. Il presente lavoro mira a sottolineare il cammino che il minore si trova a dover compiere dal momento in cui decide di rilevare il suo essere vittima di abuso al momento in cui è chiamato a testimoniare circa l’abuso subito, con tutte le difficoltà che tale testimonianza implica, non solo per il minore stesso, ma anche per coloro che sono chiamati a decidere e pronunciarsi sulla qualità di tale testimonianza. Il vigente codice di procedura penale all’art. 196 riconosce a chiunque la capacità di testimoniare, inclusi dunque i minori. Nulla vieta perciò, agli operatori, di assumere informazioni dal minore nell’ambito del procedimento penale. Per di più gli investigatori godono di ampia discrezionalità non solo sul “se” sentire il minore, ma anche sulle modalità di questa audizione. Ciò comporta seri rischi sulla genuinità del risultato probatorio: labilità mnestica, suggestionabilità, tendenza ad assecondare le aspettative dell’interlocutore, che sono tutti fattori tipici del soggetto minorenne che possono compromettere la corretta ricostruzione dei fatti.  ResumenEl maltrato infantil, en sus diversas formas, física, sexual y psicológica, es un fenómeno complejo, potencialmente capaz de alterar no sólo el desarrollo natural del sujeto maltratado, sino también su capacidad de relacionarse con los demás. El presente trabajo pretende subrayar el camino que el niño debe recorrer desde el momento en que decide detectar su condición de víctima de abuso hasta el momento en que es llamado a testificar sobre el abuso sufrido, con todas las dificultades que este testimonio implica, no sólo para el propio niño, sino también para aquellos que están llamados a decidir y pronunciarse sobre la calidad de este testimonio. El actual Código de Procedimiento Penal, en su artículo 196, reconoce la capacidad de toda persona para testificar, incluidos los menores de edad. Por lo tanto, no hay nada que impida a los operadores obtener información del menor en el contexto del proceso penal. Además, los investigadores gozan de un amplio margen de discrecionalidad no sólo en cuanto al "si" de la audiencia del menor, sino también en cuanto a las modalidades de la misma. Esto conlleva graves riesgos sobre la autenticidad del resultado probatorio: discapacidad mnésica, sugestión, tendencia a cumplir con las expectativas del interlocutor, todos ellos factores propios del sujeto menor que pueden comprometer la correcta reconstrucción de los hechos.

scholarly journals Criminal TV report: assessment methodology (on the example of the Republic of Buryatia)

2020 ◽  
pp. 49-55
Author(s):  
Tatiana Robertovna Lenkhoboeva
Keyword(s):  
Ethical Standards ◽  
Assessment Methodology ◽  
Technological Parameters ◽  
Legal Norms ◽  
Detailed Assessment ◽  
The Subject ◽  
The Republic ◽  
A Minor

This article attempts to develop methodology for assessing criminal TV reports. The subject of this research is the criteria for assessing the quality of criminal TV report. For conducting detailed assessment of criminal TV report, all criteria were divided into four groups: compliance with legal norms; observance of ethical standards; usage of legal terminology; and adherence to technological parameters. For the assessment of first criterion, all legal norms in criminal TV report can be divided into the following categories: appropriate coverage of investigation, coverage trial, and coverage of situation when the offender or the victim is a minor. In assessment of the parameter “usage of legal terminology", it is emphasized that the journalist should apply such terms as “suspect” and “offender” properly. In analysis of the third parameter, we author relies on the criteria proposed by S. A. Muratov. The questions of improvement of TV content, specifically with regards to criminal journalism, remain relevant. This described methodology would help to improve the forms of submission of the materials and heighten the interest of target audience of mass media. The research was conducted in several steps. Firstly, the author examined the structure of criminal content of Arig Us TV channel. Secondly, , carried out classification of criminal TV reports by topic. Thirdly, developed parameters and criteria for quality assessment of criminal TV reports. And finally, at the stage of testing, analyzed the quality of criminal TV reports. The methods used in the course of this research include classification, analysis, and paperwork.

scholarly journals MANAGEMENT OF HEADACHE IN PATIENTS WITH NON-TRAUMATIC SUBARACHNOID HEMORRHAGE

2017 ◽  
Vol 11 (3) ◽  
pp. 164-169
Author(s):  
I. R Ganeeva
Keyword(s):  
Subarachnoid Hemorrhage ◽  
Diagnostic Methods ◽  
Advantages And Disadvantages ◽  
Results Of Treatment ◽  
Treatment And Prevention ◽  
Current State ◽  
Traumatic Subarachnoid Hemorrhage ◽  
The Subject ◽  
The Moment

This review of the literature is devoted to the current state of the problem of management of headache in patients with non-traumatic subarachnoid hemorrhage (NSAH). This pathology is associated with severe and prolonged headache. Despite the huge amount of references on subarachnoid hemorrhage, a little attention is paid to headache in this pathology, so it remains largely unexplored. The article presents data on the epidemiology of the syndrome, possible mechanisms of occurrence, diagnostic methods. Details of the advantages and disadvantages of drugs for anesthesia, available in the arsenal of the clinician at the moment. The results of many previously published studies are diametrically opposed, which does not facilitate the choice of tactics for effective treatment and prevention of complications. The article also identifies the problems, the solution of which, possibly, will lead to an improvement in the results of treatment of SAH and further the quality of life of the patients. The lack of evidance data on the subject suggests that the research is relevant.

scholarly journals A missing person as a copyright holder

2021 ◽  
Author(s):  
Ewa Lewandowska
Keyword(s):  
Property Rights ◽  
Moral Rights ◽  
Copyright Holder ◽  
Personal Rights ◽  
The Face ◽  
The Subject ◽  
The Law ◽  
The Moment ◽  
Moral Economic ◽  
A Minor

The disappearance of people is a phenomenon that requires in-depth multi-faceted analysis. The law does not regulate the situation of a missing person between their disappearance and being declared dead. During this time, in the understanding of the law, a missing person remains an entity that can dispose of their property rights and personal rights, but because of the disappearance people are unable to do that, so his/her rights are exposed to be lost or unlawfully used by other persons. As a result, many doubts must be faced by people close to the missing person. This work discusses the copyrights of the missing person, its execution and protection in the time between the disappearance and declaring the person dead. As an introduction, the subject of copyright (work) is discussed and the division of copyright into moral rights and property rights is indicated. Next, the paper presents the possible ways of proceeding in the event of a disappearance, including a minor, spouse, and co-creator. The possibility of appointing a custodian and submitting a request to a prosecutor is indicated, and an analogous application of provisions in the event of death is proposed. Moreover, a situation where an action to protect moral/economic copyrights has been brought before a person missing (the proceedings are pending) is noted. Finally, the consequences of declaring a missing person to be dead are discussed. Based on the considerations carried out, it can be concluded that there is no single appropriate legal solution in a situation where there is a need to exercise and protect the personal/economic copyrights of a missing person. The proposed solutions of proceeding in the missing person case are not specifically designed in the event of a disappearance, and their application is not established in practice. It seems that the court should recognize the need to protect the interests of the missing person and allow the proceedings to be conducted when referring to one of the proposed solutions. Adaptation of the indicated solutions, in the face of the forced inactivity of the missing person, should guarantee the protection of his/her rights. De lege ferenda, it is worth considering the general regulation of a person’s situation from the moment of his/her disappearance until he/she is declared dead. This could be done by introducing a provision providing for the possibility of appointing a custodian to handle the missing person’s affairs.

Measuring Service Quality in The Context of Higher Education in Vietnam

2013 ◽  
pp. 77-90
Author(s):  
Yen Nguyen Thi Hoang
Keyword(s):  
Higher Education ◽  
Service Quality ◽  
Exploratory Study ◽  
Measurement Scale ◽  
Education Service ◽  
The Subject

This paper focuses on the understanding of service quality in the context of Vietnamese universities. It proposes an approach for measuring the quality of the higher education service provided by universities in Vietnam. Firstly, an exploratory study was conducted. Then, the set of items which were generated became the subject of a questionnaire that was then administered to 675 students of a Vietnamese university to determine the dimensions of higher education service quality in this context. The obtained results permit us to appropriate a measurement scale which is slightly different from the SERVQUAL scale widely known as the standard for measuring service quality. The results also show that tangible elements, responsiveness and assurance seem to be three specific dimensions of the higher education service of Vietnamese universities.

Thomas More’s Correspondence in a Spanish Ambiance

Moreana ◽  
2002 ◽  
Vol 39 (Number 149) (1) ◽  
pp. 41-60 ◽  
Author(s):  
Eugenio M. Olivares Merino
Keyword(s):  
The Subject ◽  
Selection Of

The recent reprinting of Álvaro de Silva’s 1998 edition of a selection of More’s letters prompts the author to examine the subject of Spanish translations of More, and of de Silva’s general commentary on More’s correspondence and on his relationship to other humanists. The author reflects on aspects of More’s personality as exposed in his letters and uses what he finds as a corrective to several biographical misconceptions. He points out the strengths and weaknesses of de Silva’s work and compares it with that of other translators, particularly Elizabeth Rogers, and notes the particularly Spanish quality of de Silva’s edition.

From the Synergy to the Discrimination - Analysis of Attitudes and Decisions of the Prison Staff Towards Muslim Prisoners in the Context of Multicultural Education

2016 ◽  
Vol 2 (2) ◽  
pp. 81
Author(s):  
Arkadiusz Urbanek
Keyword(s):  
Multicultural Education ◽  
Social Relations ◽  
Ethnically Diverse ◽  
Prison Staff ◽  
Professional Activities ◽  
Personal Attitudes ◽  
The Subject ◽  
Pragmatic Aspects ◽  
Diverse Groups

The aspiration to keep the synergy in relations between majorities and minorities repeatedly emerges as the cause of conflicts in social relations. It is also a subject of the interest of the multicultural education, particularly in countries of Eastern Europe, building contacts with the culturally and ethnically diverse groups to a wider scale. Relations in culturally, religiously and ethnic diverse societies, are becoming more and more related to the personal attitudes and a given policy. These issues acquire in the prison circumstances even greater significance, as given moods and personal attitudes of the prison staff create the pragmatic aspects of the professional activities addressed to the sentenced. Additionally, the key role is played by the quality of the penitentiary policy and the legal culture. The article presents the comparative analysis of the research carried out in 2016 amongst the prison staff in Poland. The subject of the research concerned attitudes that influence the decisive processes. The personal relations have been analyzed in the context of the relation with the sentenced Muslims. The aim of the research was not only to reveal the quality of the decisions concerning the sentenced Muslims, but also the sources of such decisions. The latter, in consequence, may shift, as the research results prove, towards synergy or discrimination. The diversification of the discrimination was one of the intriguing aspects, disclosed at various levels that not always explicitly concerned the discrimination of the minority.

The Implementation of Learning Materials Based on Local Wisdom of Agricultural in Binjai to Improve the Students Problem Solving Abilities

2019 ◽  
Author(s):  
Nur Tsalits Fahman Mughni
Keyword(s):  
Problem Solving ◽  
Control Group ◽  
School Grade ◽  
Teaching Materials ◽  
Quasi Experimental ◽  
Equivalent Control ◽  
The Subject ◽  
And Control ◽  
Experimental Group

Teaching materials by integrating local culture makes easier for students to understand the subject matter in the learning process. The aims of the study is to measure the effectiveness of teaching materials based on local wisdom of agriculture in Binjai in improving the students problem solving abilities. The research method was a quasi experimental which use non equivalent control group in the pretest posttest design. The sample of study were students of Senior High School grade X in Binjai that consisted of experiment group which used teaching materials based on local wisdom of agriculture in Binjai and control group that used student handbooks. Teaching materials are tested by material experts and technology experts to ensure the quality of teaching materials. Data collection was conducted through test. The results showed that the teaching materials based on local wisdom of agriculture in Binjai effective in improving students problem solving abilities in the experimental group students based on the results of N gain value was 0.67 which has medium criteria. It means teaching materials based on agricultural local wisdom of agriculture in Binjai can be used as one of the teaching materials in learning activities.

Clinical case of a comorbid patient with arterial hypertension

2020 ◽  
pp. 31-39
Author(s):  
Ella Polozova ◽  
Vsevolod Skvortsov ◽  
Olga Radaykina ◽  
Mariya Narvatkina ◽  
Anastasiya Seskina ◽  
...  
Keyword(s):  
Quality Of Life ◽  
Risk Factors ◽  
Arterial Hypertension ◽  
Clinical Picture ◽  
Clinical Case ◽  
Diagnosis And Treatment ◽  
The Moment

The widespread prevalence of comorbid pathology determines the relevance of this problem. Comorbid pathology due to the interaction of diseases, drug pathomorphism, age characteristics of the patient, significantly changes clinical picture and course of the main nosology, affects severity of complications and their nature, significantly affects quality of life and prognosis of patients. Diagnosis and treatment of many diseases is complicated in the conditions of comorbidity. The article presents a clinical case of a comorbid patient with arterial hypertension from the moment of exposure to risk factors and ending with the formation of many concomitant diseases, as an example of trans-nosological comorbidity.

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

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