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EN
There is a common opinion that fiscal offence has no criminal character but is merely an administrative offence and consists only of petty deeds of little social noxiousness. This opinion is not accurate with regard to basic types of tax crimes which very often are varieties of common frauds or forgery that may seriously endanger financial transactions of a country or local government. They are characterised by the fact that the tax procedures and legal structures are faked or falsely initiated and employed to commit or de facto to camouflage offences of criminal character. One example could be tax fraud involving simulation of a series of transactions which have no real economic of commercial significance and serve to fake alleged tax obligations and to initiate the procedure of VAT and ultimately to obtain from the Treasury substantial amounts of unjust VAT refunds under false pretences. These are in fact ordinary criminal offenses committed with the use of tax refund procedures. Possibility of moving VAT free goods between countries of the European Union with the lack of adequate monitoring mechanisms in the Member States resulted in a dangerous increase in the number of organized frauds, which are simply regarded as a mechanism “embedded” in the EU VAT system. They are referred to as tax carousels or carousel frauds. Tax law, its mechanisms, and its procedures are sometimes used not only for this type of criminal extortion of property from the tax authorities but also as for a so-called money laundering and legalization of illegal incomes. Generally, tax offences shows more and more close links with strictly criminal offences, it is becoming more and more organised, professionalism of the perpetrators is increasing, and even a growth in brutalization of such crimes can observed. This should change a traditional approach to tax crime.
EN
The work discusses the phenomenon of social pathologies. The aim of the work is to show the threats it causes to the modern society which cause the need to limit the phenomenon with all measures available, including criminal prosecution. Discussion is presented from point of view of criminology and criminal law. The author emphasises that the problem of pathology in modern society is very important. One cannot deny that the notion of pathology is often used, even over-used. An analysis of pathology definition provided by the experts in this topic (A. Podgórecki, J. Wódz, A. Gaberle i J. Malec) leads to a conclusion that there is no common definition of the phenomenon. A review of opinions by doctrine representatives allowed to present a catalogue of the most common features of social pathology. These are: behaviours of individuals and groups, incompatibility of human behaviours with the system of norms in a given community, destructiveness and harmfulness of behaviours disturbing the functioning of a given community, dynamics of the phenomenon. Diversity of the listed features causes a question if all these elements are objective criteria to judge pathological phenomena. The presented discussion leads to a conclusion that listing such features is very difficult. It is related to fact that norms, opinions and values in societies change with time and that their judgements is characterised by subjectivism. Hence, because there occur objective and subjective criteria for judging the phenomenon of social pathologies, it is difficult to coin a common definition. As a result, the Author proposes to define pathology as “detrimental (both for the society and particular individuals) human behaviours which infringe a established system of social norms”. The study emphasises that pathologies are related to processes of undergoing social and economical changes hence the scope of phenomena defined as social pathologies has been changing over the years. Changes in the political, social and economic system were accompanied by changes in quantitative and qualitative changes in the characteristics of social pathology. At present, on can observe an increase in the number and the diversity of pathological behaviours. Apart from alcoholism, prostitution, suicide, illicit drug addiction, there appeared also other ones: addictions from prescribed drugs, television, computer, sex, gambling, eating disorders (anorexia and bulimia), activity of sects and subcultures, homelessness, begging, new forms of crime (e.g. organised crime). It should be noted that with years some behaviours defined as pathological lost this feature (e.g. mental illness) and some ceased to exist (parasitism, negative attitude to work). The causes of new pathologies’ emergence and development are rooted in the transformation which influenced almost all spheres of life: family, school, social and personal life of an individual.
EN
Muchipisi Village is situated in the deep rural area of the South African Low Veld near Giyani. The study of partnership policing in this rural area has been performed by interviewing three core stakeholders, namely a focus group from the community, members of the Community Policing Forum and police officers deployed in the area. The methodological approach of using a narrative cross-correlation was used to test the reliability of respondents’ reactions to interview questions. The research, for a Magister Artium degree in Criminal Justice was conducted to see if there indeed exists a partnership between the police and the community and therefore issues such as regular meetings, feedback, information supplied to the community on crime and community members giving information about perpetrators and planned crime to the police were taken as indicators of an existing partnership. The findings are presented in tabular form, representing the responses of all three groups and then these are cross-correlated and deductions made to answer the research objectives.
EN
One of the prominent advantages of the new dispensation in South Africa is the increase in research undertaken in rural and deep rural communities. The article presents results of the research in one of rural provinces — Venda. The substance abuse patterns in two selected secondary schools were compared as well as the influence it had on delinquent behaviour. The study is a self-report survey with 120 participants of both genders in grade 11 and 12. The questionnaire that was used comprised multiple choice questions such as the types of substances and also Likert scale type questions. The data was analysed by using the Statistical Package for The Social Sciences. Being the first ever research of this nature conducted at the selected schools, the study is exploratory in nature but nonetheless is also at the applicative levels as it attempts to arrive at knowledge that will assist in controlling substance abuse at the schools in the area. The school as an instrument of development and socialization should play an enormously important role in preparing the youth for their future and how that is used to the benefit of society at large. At the same time it is commonly known the abuse of substances in all types and levels of schools is increasing tremendously amongst learners in South Africa.
EN
In the current socio-economic and socio-political conditions of growth of various forms of deviant behavior, crime, immoral displays of concern of whole society. Because of this, the prevention of illegal behavior of children and adolescents is crucial. This activity ensures the protection of society against criminal attacks. Children – one of the most vulnerable groups in society that can be subjected to negative influence from the adult population, which often leads to negative consequences.
EN
Neighborhood watch or citizens watch is a very essential and very effective way of fighting and preventing various crimes. The forms of implementing these ideas vary depending on a country and characteristics of a given society or a particular group. However there are plenty solutions that can be implemented universally without any special training or founds. In this article we shall introduce some samples of neighborhood watch activities as seen in contemporary Japan, consider cultural and social background of such movements and suggest some reasons, why these, quite simple ideas, are worth introducing in other countries, where they should also work helping to make law enforcement forces’ tasks easier and their efforts more effective.In the article we shall also explain that for this kind of crime prevention activities it is necessary to educate any given society on their own responsibilities and various kinds of ways that they can get involved in the very task of making their neighborhoods safer and friendlier. Once citizens are aware of the effectiveness of their own actions and the support they can get from the police, they should be happy to try any proven ways of neighborhood watch or develop new, suitable for their particular needs and conditions, ways of making their environment safer.
EN
One of the main police objectives involves encouraging and inspiring stakeholders responsible for land development, urban planning, architectural and building processes to create environment favourable for law-abiding citizens and hostile to criminals.For this to happen, it is essential that police officers are adequately prepared to implement the ‘security by design’ concept. This is why the author has attempted to evaluate police officers’ knowledge and beliefs about usefulness and importance of crime prevention through environmental design. Presented in this paper and reflecting on the Polish police managerial staff readiness to implement the concept in question, the survey findings can be used to assess the real ability of police officers to cooperate with stakeholders in building investment processes and to achieve objectives defined in the government strategy of reducing crime and antisocial behaviour. The survey conclusions and opinions can be used as a basis for developing training objectives with a view to eliminating harmful misconceptions about responsibilities of the police and the way how the activities in question should be implemented.
EN
The article considers basic threats to public safety and the possibility of reducing them on the basis of examples from Walbrzych city and district. The authors describe how the municipal system of the public safety is managed, in particular the use of visual monitoring in Walbrzych. The monitoring system was created in 2002 and it was enlarged from ten to eighteen cameras in 2010. The authors collected data since 2000 to 2010 from eight Police Headquarters in Walbrzych city and district and converted into it indicators. This work contains the analysis of the impact of applying preventive new techniques such as visual monitoring in relation to the number of initiated proceedings based on the crime rate in Walbrzych city and district. Moreover the article shows comparative results based on the rates in the chosen area, Poland and the EU. The data for Poland and EU was collected since 1960, then aggregated and converted into indicators per 1000 inhabitants. The results of the research are surprising, because the system of the visual monitoring in Walbrzych did not influence the reduction of crime in the monitored areas in a significant way, but did cause an increase in the subjective sense of security of the local community.
EN
The Dutch Police Label Secure HousingR (since 1994) is a part of a broader policy called Crime Prevention Through Environmental Design (CPTED) and Designing Out Crime (DOC). The police label has reduced crime through the application of CPTED principles and by ensuring that the shell of the dwellings can stand up to criminal attack for a contact time of at least for 3 minutes. The label has been so successful that many local planning authorities in the Netherlands have adopted the Police Label Secure Housing into their planning policy guidelines. This label enables police officers to structure negotiations on safety and security with the various players involved in the maintenance of existing houses / dwellings, estates, environments and neighbourhoods.The police label has, of course, developed a great deal further since 1994 and the first evaluation of the scheme in 1998. Much of the design guidelines have since been updated to allow for greater flexibility and interpretation. The guidelines were written in a form that could be equally understood by the town planner, the architect and the police officer. The risk of dwellings developed and certified by the Dutch 'Police Label Secure Housing' being burgled has dropped by a spectacular 98%!
EN
The Article concerns the issue of the remote engine slow and stop technology. The technology of vehicle on-board tracking devices and associated infrastructure is now established and its early development led to the creation of CEN TS 15213–1 to 15213–6 (inclusive) After Theft Systems for Vehicle Recovery from 2002 onwards. In addition to the technical and interoperability issues, the work also addressed security and the logical procedures to gain the involvement of law enforcement agencies (LEA) without risk to LEA resources or innocent drivers of vehicles. Author shows the legal solutions of the Vienna Convention on the road traffic from 1968 which appeared to prohibit the introduction of devices which over-rode the control of the driver — albeit an unlawful or criminal driver. The important part of the Article is describing the Extract CEN TS 15213 –Remote Degradation Function which provides the possibility to degrade remotely the vehicle’s performance using either long or short-range transmission techniques and the UK remote engine stop model through the trying the answer for the question if it prejudice a CEN standard. CEN TC 278 WG14 should actively extend its network to encourage a wider membership of expertise from manufacturers, vehicle operators and national representation. Interest has been shown but there is a reluctance to commit resources. This is not just an issue for WG14, but standards work in general. Therefore CEN TC278 and National Standards bodies are asked to assist identify contributors.
EN
This article presents a system of crime prevention functioning in the realities of the Slovak Republic. The text discusses, inter alia, the essence of preventive measures taken against the phenomena of social maladjustment occurring in Slovakia. All three levels of the system (national, regional, local) are presented and the “National Crime Prevention Strategy 2012-2015” is brought closer (in an outline) and analised as a way to keep and develop country’s security culture.
EN
The paper discusses the problems of criminological forecasting of crime. The analyses have been based on issues concerning theoretical foundations and assumptions of this process in Russia. Since it is a country with considerable socio-demographic, religious and cultural diversity, it must analyse, assess and monitor these territorial differences in crime and skilfully anticipate the changes taking place there. Russia is the country that already has experience in predicting the development of crime. Current Russian criminological literature has been used in the deliberations. The publication presents various definitions of criminological crime forecasting. Attention was drawn not only to the need to anticipate changes in criminal trends but also to the evolution of crime causes. The sources of information necessary to forecast this phenomenon have also been indicated. It has been emphasized that this is, in particular, knowledge about socio-economic and political transformations taking place in the country. The several stages and complexity of the forecasting process, as well as its result in the form of a crime forecast, have also been underlined. By presenting a number of forecasting objectives, its usefulness for the protection of the security of the state and its citizens have been emphasized. The basics of conducting research analyses in the form of three scientific methods (extrapolation, modelling, and application of criminological expertise) have been discussed, as well. The classifications of forecasting and the periods applied in practice have been presented. The above issues have been discussed on the basis of theoretical assumptions adopted by Russian criminologists. Attention has been focused on the most important issues for preventing and combatting crime. The considerations have confirmed the need to anticipate the development of crime.
EN
The NGO RUBIKON Centum provides Roma Mentoring Service designed for Roma clients of the Probation and Mediation Service of the Czech Republic (PMS CR) who came into conflict with the law and on whom an alternative sanction or measure have been or may be imposed. Roma Mentoring helps to work more efficiently with these clients through guidance and constructive advice provided by Roma mentor (trained layman). The purpose of the service is to motivate the clients to successfully fulfill conditions of imposed alternative sentence or measure and to reduce the risk of relapse and social exclusion. In 2014 the Demographic Information Centre carried out research which focused on effectiveness of Roma Mentoring Service concerning performance of alternative sanctions and measures imposed on Roma clients of the PMS CR. The research has confirmed that the service helps to overcome obstacles, which impede the fulfillment of the alternative punishment, and has a positive impact on the quality of the performance.
EN
The paper encloses the preliminary results of geographical analysis of crime in Szczecin. Using the GIS tools the spatial (according to 37 urban districts) and temporal (according to months and days) Hot Spots of residential crime in the year 2006, as well as 50% crime concentration area, were identified and presented on the maps and figures. Conclusively, based on the ideas of Crime Prevention Through Environmental Design, the recommendations for urban spatial and safety policy are formulated, aiming the crime prevention and reducing the crime fear.
PL
W niniejszym artykule dokonano wstępnej analizy skupisk przestępczości mieszkaniowej w Szczecinie w 2006 r., wyznaczając przestrzenne (wg osiedli) oraz czasowe (miesięczne i dobowe) hot spots (skupiska) przestępstw mieszkaniowych. Artykuł zawiera również rekomendacje CPTED (Crime Prevention Through Environmental Design) dotyczące zmniejszenia poziomu przestępczości oraz lęku przed zagrożeniem przestępczością.
EN
Objectives: Compilation and comparison of the period when the death penalty was applied, its functions and significance, to the present day, when the death penalty has been abolished. Material and methods: Legal acts, jurisdictions, literature, Internet sources. Analytical method used. Results: the result of my article is to familiarize readers with the death penalty and its understanding by past and present societies.The death penalty initially served several functions, it was not only a function to punish the offender. Depending on the understanding of crime, it was treated as revenge of the gods or private revenge, or as public retaliation or as a means of social defense.The original reaction to the crime was revenge, aimed at destroying the offender and his property, and was not always directed against the perpetrator, most often consisting in removing a member from a social union by death or expulsion from the group (alienation).In the course of social development, the punishment took the form of a material talion, which consisted in doing the same evil to the perpetrator as he had done.With the development of humanitarianism in legal systems, the punishment from a primitive social reaction turned into a state punishment, subject to gradual rationalization. Conclusions: All aspects of the applied penalties for committed crimes, including the death penalty, presented in the article, are important for legal and moral considerations made by the society and, consequently, should lead to a referendum on the use of the death penalty in Poland.Currently, Poland and most countries do not use the death penalty in their sentences and do not recognize it in the code. It is a more humane approach to the criminal, but the Polish government is working on a further amendment to the penal code in favor of the victims.
EN
The aim of this article was to consider problem of crime in the city, why it is much higher than in the areas less populated, what have influence to it’s growths and falls, what are the effects of crime and actions that can be implemented to prevent it. In this Thesis I describe crime on the example of Warsaw as a place of commiting various types of crime, scale of crime and also places within it with the highest intensity of behaviours incompatible with accepted standards. I describe four quarters with some of the highest numbers of commited crimes on their areas and their characteristics.
EN
The fourth industrial revolution is transforming crime and fight against it, causing fundamental consequences for research in the field of criminal law. Under the conditions of the second decade of the 21st century, the terms ‘Internet’, ‘information and telecommunications network’, ‘electronic network’, ‘communications facility’, ‘mobile communications’ are no longer an IT specialist dictionary, in the meantime they affect the doctrine of criminal repression and integrate into a scientific turnover of specialists in the field of criminal law and criminology. Transformation of crime has caused serious gaps, both in the theory of criminal law and in criminal procedural and criminal executive law inextricably bound with it. The emergence and exponential development of the Internet, electronic communications, control and tracking systems and many other technical achievements create for researchers three types of problems that need to be discussed and resolved. First, the problem of national sovereignty in criminal matters (the operation of criminal law in space) and jurisdiction, which are in contradiction in the boundless cyberspace. Secondly, the prognostic problem, which urges not only to forecast the influence of modern technologies on substantive criminal law, criminal procedure, execution of criminal punishment, but also to anticipate the general impact of technology on Russian society and the way of life of its members. Thirdly, the problem of expenses resulting from the introduction of high-tech crime prevention measures, the cost of which is constantly growing. The interdependence of these problems should form the basis of criminal law research in the era of augmented reality under the conditions of exponential growth of cyber threats directed at citizens, businesses and governments
EN
This article is an attempt of a summary of the debate, pending in Poland in the interwar period, on the issues related to the etiology and methods of preventing and / or controlling crime. Analyzing these two highly interrelated and interdependent problems, the author decided to take into consideration the clear-cut division in criminology prevailing in the interwar period and to reflect it in the structure of the article. Thus, the text is divided into two parts. The first part discusses the causes of crime, the second the criminal policy. However, the text is not an analysis of all the causes of crime. The author focuses on discussion of the interwar views on the social causes of crime held by persons or institutions related, on various different levels, to criminology. Accordingly, the section on criminal policy includes response to crimes being, at least in theory, a result of social causes. The autor of the article faced the problem to attempt to collect and present ideas on social causes and method of preventing and / or combating crime published in the interwar period. The study covers articles and books, in which the above-mentioned problems have been discussed both by scientists (criminologists, lawyers, doctors, psychologists, and sociologists) and laymen (journalists, publicists, community workers, and politicians). In this text, the attempts to analyze the opinions expressed by the latter of the aforementioned groups is a significantly new thing. The views of people not directly related to the academic community at that time were rarely taken into the consideration while discussing criminological theoretical considerations of the interwar period. The point of departure of this text is assumption of the thesis that in the interwar debate on the broad issue of crime, the views which favoured social factors in generating crime were significantly dominant. It should be recalled that on the other side of the dispute there remained a theory of special importance of so-called endogenous factors. It was argued that the specific psycho - physical construction of a man makes him predisposed to become a criminal. This was an aftermath of a C. Lombroso’s theory, already modified in the interwar period. It should be noted that his theory in Poland was not received unquestioningly. However, the dispute between supporters of exogenous and endogenous factors took place in interwar Poland. A strong trend was a school trying to combine the two trends, taking into account the reasons of both parties as typically they did not exclude. This should be regarded as a unique achievement of the Polish criminology of the interwar period.
EN
The article concerns the phenomenon of stalking, or emotional persecution. It also presents legal solutions concerning stalking in the countries where this type of behavior is penalized, and includes a discussion of the advantages and disadvantages of criminalization of stalking in Poland. In contrast with the admiration, stalking is a behavior which a victim does not wish. Stalking is an English verb denoting a quiet human or animal tracking in order to capture or kill. In accordance to the definition of an American psychologist J. Reid Meloy, stalking is a form of malicious and repeated harassing and annoying of another person which increases his or her feeling of threat. Stalking, just like domestic violence, and mobbing are classified as so-called "emotional violence", by which we understand “interference in the psyche of another person directed against his or her emotions, resulting both immediate and delayed negative effects”. Emotional violence is never a single event. Stalking most often exhibits in such behaviors as: calls, silent calls, night calls, wandering in the vicinity of victim's home, making contact through a third party, questioning about the victim in his or her surroundings, persisting at the door / home / work, sending letters, e-mails, text messages, and gifts, placing postal orders in victim's name, tracking and following the victim, slander (distributing false information and rumors), burglary to victims house or car, stealing victim's belongings, harassing victim's family and friends, as well as attacking and assaulting them. The main problem with providing an adequate legal protection to a victim of a stalker lies in the fact that some of these behaviors are criminal, and some are not prohibited by law, nevertheless if repeated, they carry severe consequences for the victim which cannot be counteracted by means of criminal law. The tragedy of stalking victims lies in the fact that a persecutor may intimidate his victims and force them to change habits and plans, to live in constant fear. Stalker often causes huge mental suffering through actions which, under Polish law, are legally indifferent. What is also important is that actions of a stalker do not have to result from his or her wrongful intentions or desire to annoy the victim (in many law systems malicious intention of the stalker is a sine qua non for criminalization of stalking). Sometimes the persecutor acts with good intentions (the desire to win the love of a loved one), nevertheless behavior of the stalker is frightening for the victim. Results of a study taken to estimate the scale of stalking differ between countries where such studies have been conducted. This discrepancy is probably influenced by the definition assumed by researchers, research methodology, sample size and selection, but also by the different temperament of the inhabitants of these countries.
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70%
EN
Disappointment in crime prevention based on the etiological approach led to a closer analysis of the circumstances of the offence, its physical conditions, and the resulting motivations of the offender. Whatever his inborn or socially acquired criminal predispositions, object and opportunity are necessary for an offence to take place. Advocates of the situational approach in criminology argue that a potential offender generally does not act on an impulse: instead, he more or less consciously analyses the situation and decides to commit the offence at a given time and place and against a given target. This is the basic assumption of situational crime prevention.             Situational crime prevention resolves itself into reduction or liquidation of the physical opportunity to commit an offence, and extension of the probability of apprehension of the offender. This can be done in three different ways.             First, the guard over the target can be extended or intensified, or the potential offender can be made to believe that, while dwelling in a given place, he is under incessant surveillance by the police or other competent persons, or by the inhabitants or users of a given object or area.             Second, the target can be made less open to crime: special circumstances make it less easily accessible (or completely inaccessible), and theft can no longer yield the expected profit to the offender. This procedure is called target hardening.             Third, various organizational steps can be taken that change the environment of crime: new ciercumstances arise and situation in which an offence might take place is changed.             The above three methods of situational crime prevention have different efficiency. Their actual efficiency depends on a variety of factors related to the methodology of the crime prevention program and to cultural conditions. As regards programs basied on increased surveillance, the most efficient are those which involve the local population who are allowed both passively to watch over their area of residence, and actively to participate in its protection.             What is considered a particulary effective method of situational crime prevention is target hardening where access to the target is made difficult through a variety of physical obstacles. Not as obvious is the efficiency of another target hardening measure where valuable objects are marked so as to make it difficult for the offender to gain by his theft and to increase the probability of his apprehension. Such measures, called operation identification, prove highly efficient in some countries but are next to ineffective in others. Thee ffects here depend largely on the efficiency of the police. Whith a low detection rate of thefts, the marking of objects cannot possibly yield the expected results.             It has been  found in studies of offenders’ processes of deciding that their decision to commit an offencis based on the factors that condition, first, the physical opportunity (access to the object) nad second, the offender’s safety. The idea of situational crime prevention has many followers who stress the relative easiness of the application of the suggested methods and their efficiency. The opponents argue that,while it many perhaps contribute to preventing definite offences at a definite time and place, situational crime prevention does not actually prevent crime. What it leads to is displacement of crime. The offence is committed anyway but perhaps in another time or place, by other means, or against another target. Despite all the reservations concerning displacement of crime, it msot be stated that situational crime prevention often proves effective; what is more, it requires neither prolonged programs nor entangled methods of manipulating society. Admittedly the offender is not reformed; yet a definite offence is not committed in a definite place, and the target remains safe. This makes situational prevention as important an element of crime prevention programs as the generally recognized social methods.
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