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Extreme Necessity in Case of Harm during First Aid

2022· article· en· W4281939813 on OpenAlexaboutno aff
Kirill Alekseevich Berchanskiy

Bibliographic record

VenueActual Problems of Russian Law · 2022
Typearticle
Languageen
FieldSocial Sciences
TopicLegal and Policy Issues
Canadian institutionsnot available
Fundersnot available
KeywordsHarmLegislatorLegislationCriminal lawPolitical scienceLawCriminal procedureLiabilityEnforcementLaw enforcementSet (abstract data type)Law and economicsSociologyComputer science

Abstract

fetched live from OpenAlex

In the course of the research, the author discovered 31 criminal cases considered by Russian courts resulting in a non-rehabilitating decision due to causing death when providing first aid. At the same time, this phenomenon is mostly unknown to domestic researchers. The purpose of the paper is the criminal law assessment of the first aid provision by non-professional subjects. To achieve this goal, the following tasks were set: to establish the possibility of the presence of an extreme necessity in the provision of first aid; to establish conditions under which causing harm in the provision of such assistance does not entail criminal liability; to make proposals for eliminating defects in law enforcement and improving Russian legislation. To achieve these tasks, the author applied formal legal, formal dogmatic and statistical methods, as well as a set of general philosophical methods, including analysis, synthesis, deduction and induction. As a result of the study, cases of inconsistency of judicial practice with the norms of the domestic criminal law on extreme necessity were identified. Contrary to the arguments of some courts, when harm is caused during first aid, there may be some extreme necessity, exceeding which does not entail criminal liability for causing harm. The conclusions of the study are that the Russian criminal law on extreme necessity corresponds to the tasks facing the legislator; the problem lies in the insufficient understanding of its provisions by the judges. The author made proposals for reforming related provisions of the criminal law on the basis of the legislation of Canada and the United States.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.886
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.045
GPT teacher head0.303
Teacher spread0.258 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2022
Admission routes1
Has abstractyes

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