Search results

1

Patologie w cyberprzestrzeni. Psychologia sprawców przestępstw internetowych

100%

Łysik A.

Zeszyty Studenckie Wydziału Ekonomicznego „Nasze Studia”

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2015

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issue 7

97-106

EN

culture, trade and business. Unfortunately, the expansion of global network has also brought many new forms of crime. In order to fight the phenomenon, one of the key tasks for the enforcement has become to create a psychological trait of their perpetrators. The paper introduces the problem of Internet crime and provides an attempt to sketch a psychological profile of criminals operating in cyberspace.

2

Investigating Citizens’ Concern About Corruption and Anti-corruption: A Case Study in Vietnam

72%

Van Vu T., Cao O.

Krytyka Prawa. Niezależne studia nad prawem

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2021

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vol. 13

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issue 4

189-216

PL

Korupcja znalazła się w centrum uwagi na skalę globalną. Niemal wszystkie badania skupiają się na jej szkodliwych skutkach w odniesieniu do rządów, ekonomii i polityki. Niniejszy artykuł bada to, jak obywatele postrzegają korupcję i antykorupcję w Wietnamie. To nowe spojrzenie przyczyniające się do szerokiego ujęcia problematyki antykorupcji. Badanie ma charakter opisowy, do jego przeprowadzenia wykorzystano autorską ankietę dla 385 respondentów, wybranych metodą losowania warstwowego w oparciu o wzór Cochrana. Okazało się, że środki zapobiegawcze i przepisy dotyczące korupcji nie są wystarczająco surowe, by stanowiły przestrogę dla sprawców korupcji. Transparentność nie jest promowana na tyle mocno, by ludzie mieli dostęp do informacji, więc kontrola obywatelska nie jest zbyt skuteczna. Istnieje niezgodność między postrzeganiem korupcji przez obywateli a tym, jak oceniają ją organizacje zewnętrzne. Konieczne jest ścisłe wdrożenie prawa antykorupcyjnego i odnowienie prawa obywateli do uzyskiwania informacji dotyczących korupcji. Co więcej, rząd powinien ponownie sprawdzić przepisy dotyczące zapobiegania korupcji i dopasować je do każdego rodzaju korupcji. Działanie aparatu państwowego powinno się pilnie oprzeć na współpracy i połączeniu sił w celu zwalczenia korupcji. Wskazane jest, by rząd nawiązał współpracę z organizacjami zewnętrznymi w celu wymiany doświadczeń w kwestii ograniczania korupcji.

EN

Corruption has been the centre of attention on a global scale. Almost all studies concentrate on corruptive effects on the governance, economics or politics. This paper investigates the citizens’ perceptions towards corruption and anti-corruption in Vietnam. This is a new look contributing to the panoramic picture of anti-corrup-tion. The study employed a descriptive approach with a researcher-made ques-tionnaire for 385 respondents selected by a stratified random sampling method based on Cochran’s formula. It was found out that preventive measures and corrup tion laws are not severe enough to admonish corruption offenders. Transpa-rency is not highly promoted for people to access information, so citizens’ super-vision is not very effective. There is a mismatch between citizens’ perceptions and external organisations’ assessment. It is necessary to implement anti-corruption law strictly and renovate people’s right to get corruptive information. Moreover, the government should recheck and adjust preventive anti-corruption laws to match each specific type of corruption. Urgently, the operation of the state appa-ratus ought to cooperate and join hands to combat corruption. It is advisable for the government to collaborate with external organisations to exchange experience in curbing corruption.

3

O UKSZTAŁTOWANIU GRANIC ZATRZYMANIA PROCESOWEGO — REFLEKSJE PRAWNOPORÓWNAWCZE ORAZ NA TLE NOWELIZACJI KODEKSU POSTĘPOWANIA KARNEGO Z 27 WRZEŚNIA 2013 ROKU

72%

Sypko J.

Przegląd Policyjny

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2016

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vol. 1(121)

106-125

PL

Publikacja została poświęcona wybranym aspektom dotyczącym granic zatrzymania procesowego osoby. Swoją szczególną uwagę autor skupia wokół przedmiotowych granic zatrzymania, z uwzględnieniem znowelizowanych przepisów kodeksu postępowania karnego. Granice podmiotowe oraz temporalne zatrzymania zostały zasygnalizowane przede wszystkim w kontekście nowych uregulowań prawnych. Uwaga autora skierowana została również na granice prawne związane z kontrolą zatrzymania procesowego. Omawiając wybrane rozwiązania prawne, autor stara się je ocenić na tle rozwiązań konwencyjnych oraz konstytucyjnych, w wyniku czego dochodzi do określonych wniosków. Stąd w podsumowaniu sformułowane zostały wnioski de lege ferenda jako wynik rozważań autora nad zgodnością krajowych przepisów prawnych z przepisami międzynarodowymi mówiącymi o zatrzymaniu osoby.

4

The Principle of Subjectifying of Penal Liability and Guilt

72%

Breguła Ł.

Biuletyn Stowarzyszenia Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego

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2019

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vol. 14

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issue 16 (2)

17-25

PL

Artykuł porusza rzadko analizowaną w doktrynie prawa karnego i orzecznictwie sądowym kwestię istoty zasady subiektywizacji odpowiedzialności karnej. Podstawowym celem rozważań jest próba odpowiedzi na pytanie czy zasada subiektywizacji, określana jako jedna z fundamentalnych zasad prawa karnego, może być utożsamiana z zasadą winy. Na potrzeby rozważań zawartych w artykule koniecznym było ustalenie istoty zawinienia i określenie, czy w strukturze przestępstwa występują inne niż związane z winą elementy mające znacznie dla subiektywizacji odpowiedzialności. Niezbędne było także ustalenie, czy wszystkie przesłanki zawinienia zawsze odnoszą się wyłącznie do kwestii związanych z subiektywizacją.

EN

The article refers to the issue of the principle of subjectification of penal liability, rarely analyzed in the doctrine of penal law and judicial decisions. The main purpose of the discussion is to try to answer the question whether the principle of subjectivization, defined as one of the fundamental principles of penal law, can be equated with the principle of guilt. For the purposes of the considerations contained in the article, it was necessary to determine the essence of the guilt and determine whether the structure of the offence contains elements other than guilt related to the subjectification of liability. It was also necessary to determine whether all premises of guilt always relate solely to issues related to subjectivization.

5

Aksjologiczne azymuty przestępców w procesie probacji

72%

Goede K.

Zeszyty Naukowe Zbliżenia Cywilizacyjne

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2018

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vol. 14

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issue 2

51-70

EN

The conviction of a human being by a valid sentence may prove that the hierarchy of values determining the life attitude of the criminal, especially the attitude towards respect for the law, has been disturbed. The main purpose of subjecting the convict to probation is to help in learning, understanding / redefining the content and undertaking the implementation of values accepted by society and giving a chance to live in accordance with the law. Probation officers are designated to have an axiological influence on the attitude of the supervised persons. As representatives of the local community, on the one hand, they are a carrier of moral and social values, principles and norms, and on the other hand, they are people who have attributes that are important from an axiological perspective, i.e. moral competences and a strong motivation for pro-social activity. On the basis of research conducted at the UKW University in Bydgoszcz, an attempt was made to identify values, showing their meaning and significance, which for convicted persons constitute axiological azimuths in their readaptation to life in accordance with social and legal norms, taking into account the determinants affecting the value hierarchy of convicted persons in the form of methodical work of social probation officers and probation duties.

PL

Skazanie człowieka prawomocnym wyrokiem może świadczyć, że hierarchia wartości determinująca życiową postawę przestępcy, w tym szczególnie postawę wobec poszanowania prawa, została zachwiana. Głównym celem poddania skazanego probacji jest pomoc w poznaniu, rozumieniu/redefiniowaniu treści i podjęciu urzeczywistnienia wartości akceptowanych przez społeczeństwo oraz dających szansę życia zgodnego z prawem. Desygnowanymi do aksjologicznego wpływu na postawę osób objętych dozorem są społeczni kuratorzy sądowi. Jako przedstawiciele społeczności lokalnej z jednej strony są nośnikiem wartości, zasad i norm moralnych i społecznych, z drugiej zaś, są to osoby legitymujące się atrybutami istotnymi z perspektywy aksjologicznej, tj. kompetencjami moralnymi oraz silną motywacją do działalności prospołecznej. Na podstawie badań przeprowadzonych na Uniwersytecie UKW w Bydgoszczy starano się wyłonić wartości, ukazując ich sens i znaczenie, które dla osób skazanych stanowią aksjologiczne azymuty w ich readaptacji do życia zgodnego z normami społecznymi i prawnymi, uwzględniając determinanty wpływające na kształt hierarchii wartości osób skazanych w postaci metodycznej pracy społecznych kuratorów sądowych oraz obowiązków probacyjnych.

6

Przyczyny i czynniki stymulujące przestępstwa rozbójnicze

72%

adamczyk m.

Rocznik Bezpieczeństwa Międzynarodowego

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2017

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vol. 11

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issue 2

156-173

EN

The article discusses the causes and factors that influence crime robbery. Approximated the effect of family environment, peer, personality factors, situational, and many others. Discusses the survey carried out in Remand in Poznan among inmates. The parsed correlations of variables IE. as unemployment, employment, population density.

PL

W artykule omówiono przyczyny i czynniki mające wpływ na przestępczość rozbójniczą. Przybliżono wpływ środowiska rodzinnego, rówieśniczego, czynników osobowościowych, sytuacyjnych i wiele innych w oparciu o badania sondażowe przeprowadzone w Areszcie Śledczym w Poznaniu wśród osadzonych. Określono związki korelacyjne pomiędzy poszczególnymi czynnikami a przyczynami przestępczości rozbójnicze tj. jak bezrobocie, zatrudnienie, gęstość zaludnienia.

7

Sprawstwo czynu zabronionego w świetle art. 194 Kodeksu karnego z 1997 roku

72%

Grudzińska K.

Kościół i Prawo

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2014

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issue 3 (16) nr 1

167-178

EN

The article applies to criminal liability arising from religious discrimination. Article reflect definition of offender and perpetration. It discusses the possibility of committing a criminal act in the forms of phenomenal. Religious discrimination takes place only when offender acting intentionally and his actions are determined by a particular motivation of worldview or profession of the victim. The discrimination can be after the operation or the abandonment.

8

Sytuacyjne zapobieganie przestępczości

71%

Kossowska A.

Archiwum Kryminologii

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1994

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issue XX

7-20

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.

9

Prognoza recydywy u nieletnich przestępców oraz wyniki badań prognostycznych 180 recydywistów w wieku 15-16 lat

71%

Ostrihanska Z.

Archiwum Kryminologii

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1965

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issue III

121-281

EN

Predictions of recidivism may be formulated solely in categories of probability. In predicting human behaviour it is impossible to take account and to control all factors that influence it. Causal relationships and the general laws that explain it are still largely unknown and generally the data available on the subject are incomplete. It is therefore necessary to expect that there may be disagreement between predicted and actual behaviour. Predictions of recidivism may be formulated solely in categories of probability. In predicting human behaviour it is impossible to take account and to control all factors that influence it. Causal relationships and the general laws that explain it are still largely unknown and generally the data available on the subject are incomplete. It is therefore necessary to expect that there may be disagreement between predicted and actual behaviour. Nonetheless, despite these reservations, individual predictions of recidivism of juvenile delinquents are to all practical purposes a constant factor in the decisions of the law courts. The essential problem therefore is not whether it is possible to make individual predictions, where there is always a chance of error, but how to arrive at predictions a large proportion of which will be correct. Literature in the field of criminology devoted to this subject distinguishes the statistical and clinical methodes of prediction. These two methods were studied by the Department of Criminology of the Polish Academy of Sciences. The object of the study was to investigate a number of questions that were raised by research conducted in other countries on the Department's own empirical material.Below are given the problems related to the subject of clinical predictions: 1. Since clinical predictions play an important role in present practice it was advisable to learn to what extent the predictions made in our study were correct as regards juvenile recidivism. 2. It was equally important to discover how a given prediction was justified, what factors are considered significant in predictions made in individual cases. 3. It was resolved to make a study of the subjective aspects of clinical predictions: whether persons who received the same education and professional training tend to make the same predictions regarding the same juveniles? Whether predictions made by different persons for two groups of juveniles will prove to be accurate in the same extent? Problems of statistical predictions were related to the following questions: 1. Whether the predictive factors established in the projects carried out in other countries have any bearing in the predictions relating to juvenile delinquents in Poland? 2. It was resolved that predictive factors found in one group would be incorporated into the experimental prediction table and used in making predictions for another group. It was further resolved to check-up on the correctness of the predictions. In constructing the experimental prediction table the goal was not to construct a table designed for practical use but on the basis of our own experiments to identify the problems that arise when using a prediction table. 3. Special importance was attached to a careful analysis of cases where the predictions made with the aid of the table were incorrect. The research planned according to these guidelines was conducted in two stages. In the first stage clinical predictions were made and experimental prediction table was constructed for a representative sample of 15 and 16 year old recidivists of Warsaw. In the second stage data was tested on a new sample of 15 and 16 year old recidivists and instances were analyzed where the statistical predictions proved incorrect. The initial research embraced 100 recidivists of 15 and 16 years of age out of 202 recidivists, of the entife population of juvenile recidivists who in 1954 came before the juvenile court of Warsaw on charges of larceny and who were embraced by earlier research on juvenile recidivism conducted by the Department of Criminology. The earlier research yielded data on the after-conduct of the recidivists studied that covered a span of three years. It was established that 51 per cent of them commited offences in the follow-up period. First of all the clinical predictions on the 100 recidivists were based on the findings of environmental as well as psychological and medical examinations and without knowledge of the findings of the follow-up studies. Two psychologists who had experience in criminological studies made predictions for each of the 100 recidivists. The psychologists were not in touch with each other and did not estabiish joint criteria beforehand. Good behaviour was predicted if it was assumed that the recidivist would not commit any offences in the future, bad predictions were made if the feeling was that he could commit offences and uncertain if no definite decision was reached. If the two psychologists differed in their predictions they would discuss the subject and try to arrive at a consensus. The predictions made in this manner shaped up as follows: 18 per cent were good, 57 per cent bad and 25 per cent uncertain. There was a significant statistical relationship between the predictions and the commission or non-commission of offences in the course of the next three years by the 100 recidivists studied that may be expressed by a level of significance of p < 0.001. The bad predictions were correct in 70 per cent of the cases, the good in 83 per cent. Thus an overwhelming proportion of the predictions was correct and the proportiorr of uncertain predictions (25 per cent) inconsiderable. The problem arises what part do subjective factors play in the clinical predictions made by two different persons? Two separate predictions regarding the same juvenile agreed in 70 per cent of the cases. Greater agreement was found in the bad predictions (77 per cent) than in the uncertain (60 per cent) and the good (61 per cent) predictions. Moreover, there were large differences in the reasons given for the predictions issued to the same individual. The two psychologists frequently listed different factors in arriving at the same decisions. A great many factors were listed as reasons for the predictions which, based on an analysis of data relating to the individual cases, seemed to bear significantly upon the predictions regarding the juveniles studied. Among those mentioned were envinonmental factors, personality traits, demonstration of antisocial behaviour and information about the offences committed. The next step in the first stage of the project focused on statistical predictions. A study was made of the relationship between 23 factors and the behaviour of the 100 recidivists of 15 and 16 years of age under study over a span of three years. Account was taken of factors which were found significant in the prediction of juvenile recidivism by the research conducted in other countries and of factors which were seemed significant to the problem in the study of juvenile recidivism in Poland. It was established that a significant statistical relationship existed between the following factors and the continued antisocial behaviour of the subjects under study: 1) early age (below 11) of the onset of symptoms of demoralization, 2) early age of onset of antisocial behaviour (below 13), 3) persistent stealing, 4) membership in a group of delinquents or keeping bad company, 5) personality disorders, 6) drinking, 7) running away from home, B) Iack of schooling or work. The findings indicate that the early age of the onset of antisocial behaviour and the far-gone demoralization of the juvenile are important factors in predicting recidivism. However, no relationship was found, and this seemed strange and called for explanation, between recidivism and any of the factors that characterized the family environment. This contrasted with the findings of the previous study that embraced all the juvenile recidivists between the ages of 8 and. 16. The oldest of these were included in the present study. In order to find an explanation for the disparity an additional study, one that was not initially planned, was made of the 28 factors and their relationship to recidivism that continued over a period of three years among the youngest of the recidivists studied at an earlier time in the Department of Criminology. Toward this end 68 of the youngest subjects between the ages of 8 and 13 were isolated from the whole population of recidivists ranging from 8 to 16 years of age. It was found that the following factors had a statistically significant relationship with continued recidivism in the younger age group: 1) alcoholism in the family, 2) the home atmosphere, 3) lack of supervision by parents, 4) systematic truancy, b) early age of first symptoms of demoralization, 6) early age of first offences, 7) membership in a delinquent group, B) personaiitv disorders. Consequently, a slighty different set of factors ought to be taken into account when making predictions for younger recidivists. Environmental factors of the home are far more significant in predictions for younger delinquents. In older delinquents it was totally immaterial whether they came from a good or a bad home environment as far as predictions were concerned. A good home which had failed to guard a child of up to 15 and 16 years of age from becoming a delinquent couId handły guard the child against recidivism. In younger delinquents a good lamily atmosphere, excellent supervision, absence of alcoholism all are positive predictive factors. Younger juveniles are still highly responsive to the influence of the home and careful supervision may guard them against further demoralization. Our research substantiated the thesis that research on the prediction of juvenile recidivism ought to be conducted separately for narrow and strictly defined age levels. The age of the subject at the time the prediction is made is an important factor that must be kept in view.

10

Polskie programy resocjalizacyjne jako sposób oddziaływania na przestępców

71%

Muras S., Las K.

Biuletyn Kryminologiczny

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2020

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issue 27

93-108

EN

The subject of the research in this article is the issue of social rehabilitation. The aim of the study is to show how social rehabilitation programs aﬀect criminals. The defnitions of both social rehabilitation, along with Polish rehabilitation programs, as well as criminals and crimes were also discussed. The research methods used include the analysis of research carried out by the authors. The research was carried out on a group of prisoners from one of the prisons in Poland using a questionnaire. The article is an attempt to examine the eﬀectiveness of social rehabilitation in Polish prisons. The article may be the basis for further detailed research on the phenomenon of social rehabilitation.

PL

Przedmiotem badań prezentowanych w artykule jest problematyka resocjalizacji. Celem opracowania, opartego m.in. na analizie badań przeprowadzonych przez autorów jest ukazanie, w jaki sposób programy resocjalizacyjne oddziałują na przestępców. Badania przeprowadzono na grupie więźniów z jednego z zakładów karnych w Polsce za pomocą kwestionariusza ankiety. Artykuł stanowi próbę zbadania skuteczności oddziaływań resocjalizacyjnych w polskich zakładach karnych. Omówione zostały defnicje resocjalizacji, oraz założenia polskich programów resocjalizacyjnych w zakładach karnych. Artykuł może być podstawą dla dalszych szczegółowych badań nad zjawiskiem resocjalizacji. The subject of the research in this article is the issue of social rehabilitation. The aim of the study is to show how social rehabilitation programs aﬀect criminals. The defnitions of both social rehabilitation, along with Polish rehabilitation programs, as well as criminals and crimes were also discussed. The research methods used include the analysis of research carried out by the authors. The research was carried out on a group of prisoners from one of the prisons in Poland using a questionnaire. The article is an attempt to examine the eﬀectiveness of social rehabilitation in Polish prisons. The article may be the basis for further detailed research on the phenomenon of social rehabilitation.

11

Teoretyczne podstawy mediacji między ofiarą a sprawcą przestępstwa

71%

Czarnecka-Dzialuk B.

Archiwum Kryminologii

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2000

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issue XXV

9-28

EN

Mediation as a method of conflict resolution also applicable to conflict resulting from an offences is the alternative of legal solution of disputes, a technique shared by various models that promote the use in practice of consensus. This novel plocedure fot conflict resolution (which is however derived from the traditions of the oldest societies) - a consensual one, based on agreement between parties - has been developing most dynamically over the recent decades, and pervaded all branches of the law in most legal systems (H. Jung, T. Marshall). In the specific context of criminal justice, mediation does not necessarily aim at conflict resolution. For this reason, it is defined as a process, where parties to proceedings are offered the possibility to actively participate in resolving issues that result from the offence, and are assisted in so doing by an impartial third person or mediator. Mediation may take a variety of forms (direct or indirect); it may be conducted by professional or lay mediators, under auspices of the law enforcement agencies or by an independent social organization, and the parties to it may include not only the victim and the offender but also their relatives and other supporters as well as representatives of the criminal justice system. As has already been mentioned, the origins of mediation between the offender and his victim date back to the oldest past when all issues related to harm involved in acts that are today treated as offences were adjusted in the course of negotiations by those directly concerned assisted by their families and clans. The offences was seen as a conflict between the victim and the perpetrator, with due consideration to the social context. Once the function of reacting to crime was taken over by the state, the reactions initially resembled the modern rules of civil law. Later on, when crime was interpreted as violation of the order established by the ruler, penal sanctions aimed not only at compensating the victim but also at supporting the authority of the state. Although Nils Christie's picture of the state stealing the conflict is a convincing illustration of this situation, the fact should be borne in mind that the state's taking over of the function of punishing was an immense cultural achievement of its time, especially for those members of the conmunity who were too weak to vindicate their claims (B.-D. Meier). Solutions that provide for specific forms of consensus can also be found in modern legal systems. In the area of mediation between the victim and offender, the practice outpaced theory. It was inspired, among other things, by examples of "community justice'' of non-Western cultures; by the movement on behalf of victims, the progress of victimology, the diversion conception, and abolitionism; by the theory of social peace and conflict resolution and by the conception of reparatory justice. This latter conception deals with most problems posed by the other ones. It is, however, difficult to define, and its essence is difficult to explain, especially if we try to embrace threads important for all the trends on which it bases. Thus in the end, a simpler definition suggested by T. Marshall won general acceptance: "reparatory justice is an approach to crime, oriented on solving the problem, which engages perionally all parties involved in it as well as the community, in active relation to the public sector institutions. It is not a specific activity but a set of ruled that may set the direction of the bulk of actions of all institutions or groups related to crime. Reparatory justice is a process in which all parties involved in a specific offence meet to reach a joint solution of the issue of effects of crime and conclusions for the future". This definition was subsequently modified somewhat by other authors. In particular, it was accepted by an international body - the International Research Network on Reparatory Juvenile Justice in its Leuven Declaration of May 1997 concerning advisability of promoting the reparatory approach to juvenile delinquency. Reparatory justice is discussed as a specific trend, approach, philosophy or even idea; according to most authors, however, it has not yet developed into a consistent theory, although incessant efforts are made towards this aim. The term "reparatory justice'' is attributed to R. Barnett; H. Zehr's contribution is the first general model of that justice as an "alternative paradigm of justice" whose main principles are opposed to those of the traditional retributive justice. Also J. Braithwaite's idea of "reintegrating confusion'' was of importance for the development of the reparatory justice conception. It is associated e.g. with Hirschi's theory of control, Matza's neutralization theory, Luhmann's systemic theory, and also with the traditional penal law theories under which evil has to be compensated by punishment, but compensation involving suffering prohibits a better arrangement of social relartions. Instead, reparatory justice balances the harm involved in crime through action aimed at compensation and “doing good” (Ch. Pelikan, B.D. Meier). M. Wright stresses that this conception largely tallies with the common-sense ideas as to how society should react to crime, supported by appropriate actions, analysis, and studies. Mediation and other restorative reactions are sometimes shown as responses that function instead, parallel or within the traditional justice system. Much speaks, however, for integration of reparatory justice with the criminal justice system. The approach that isolates mediation altogether from criminal justice pays insufficient attention to the danger of inequality of the parties to mediation in the area of efficient execution of their conflicting interests. Thus public interest requires that the course and results of mediation proceedings be supervised. The manner in which reparatory justice may replace repressive one depends first and foremost on the seriousness of crime. It is not in all cases that a purely reparatory reaction should be recommended as sufficient. This is among the frequent arguments of critics of reparatory justice (although even its supporters accept the existence of limits to its application). Skeptics also stress that reparatory justice violates a number of generally accepted rules of procedure, especially that of equality before the law (which, however, could be disputed) and the offender’s procedural rights due to him in criminal proceedings (which is in fact a weakness of reparatory justice, but collisions might be solved by appropriate rules and standards of the reparatory process or e.g. by judicial review of negotiated solutions). The conception of reparatory justice is often explicated through opposition of the basic models of reaction to crime (although faulty in some respects, this method well illustrates the most fundamental features). Reparatory justice is sometimes called the "third path'', an alternative to the (neo-) retributive penal law and the rehabilitation model which proves ineffective, and a fully mature self-standing model (L. Walgrave, I. Aertsen). M. Wright stressed two spccial ideas that distinguish reparatory justice from the traditional criminal justice system. The first of them is that the process itself constitutes an essential element of the reaction, that it is constructive and may even have a therapeutic importance. The other idea is compensation interpreted in a much broader sense - from symbolic actions such as work to those reducing the risk of the offender relapsing into crime. The justification and legitimization of mediation in criminal cases bases not only on new theorietical conceptions. Such justification can also be found in the assumptions of the traditional justice system. This is what B.D. Meier did assuming as his point of departure the penal law system's public function, including in particular that of restoring public order that has been violated through crime, and also that of preventing repeated violations. The traditional systems have always provided for two or three different models of reaction to crime. Prevalent is punishment imposed on the person who has been found guilty. The second model involves imposition of special measures irrespective of the offender's liability (security and preventive measures). The third model, of crucial importance for legitimization of mediation in the criminal justice system, consists in renouncing formal proceedings, e.g. in view of slight social harmfulness of the act, the fact that no public interest is involved in the imposition of penalty, or reasons of general and special prevention. According to T. Marshall, justifications of reparatory justice (fulfilled i.a. through mediation) should be sought in the community nature of the offence and its effects. Explaining the theoretical foundations of mediation between the victim and the offender is a complex task because of the multitude of its sources as well as theories and conceptions quoted, and particularly because of the lack of agreement as to the essence of the usually quoted conception of reparatory justice and as to its treatment as "competitive'' with fespect to traditional justice or (for which interpretation I would like to declare) as that system's highly profitable logical supplementation, improvement and expansion. Also in Poland, the practice of actions involving mediation have outpaced the theory: for several years now, there has been quite a rapid growth in its application in practice. In both spheres, there are many problems and challenges worth taking up. At the same time, expanding the theory is of importance for the practice. Explanation of the ideas, aims and foundations of mediation and of its position with respect to traditional justice is paramount for the institution's reasonable development, evaluation and shaping towards its meeting the expectations.

12

Karalność uczniów nieprzystosowanych społecznie

61%

Ostrihanska Z., Wójcik D.

Archiwum Kryminologii

|

1984

|

issue XI

143-166

EN

1. The study discussed in the present paper is a continuation of the research on extent and determinants of social maladjustment among schoolchildren in Warsaw elementary schools, which was conducted in the years 1976-1979. Over 600 classes (grade III-VIII) were then examined, which makes the total numer of 17,662 children aged 9-16. Teachers indicated children who revealed symptoms of social maladjustment (such as regular truancy, many-hours loitering around the streets without control, running away from home, stealing, frequenting company of demoralized colleagues, drinking alcohol, sexual demoralization, vandalism and frequent aggressive behaviour). 885 boys (which makes 10 per cent of all schoolboys included in the study) and 220 girls (2.7 per cent of all girls) were found to reveal these children, which included information as to the child’s family environment, school situation, school failures, behaviour, health, and symptoms of social maladjustment. From this general popuration of 885 schoolboys who revealed symptoms of social maladjustment, a group of 262 boys was separated whose symptoms were particularly intense and cumulated. This group then underwent a detailed individual examination. As a control group to match this group of 262 boys whose symptoms of social maladjustment were cumulated and intense, 151 boys were drawn by lot from among those of all schoolboys who had not been mentioned by the teachers as children who reveal symptoms of social maladjustment, and who were classmates of the socially maladjusted boys. The control group underwent the same individual examination. 2. At the stage of the study presented in the present paper the aim was to answer the following questions: - how many of the schoolchildren indicated by the teachers because of various symptoms of social maladjustment had cases in court before they were included in the study. – how many of them had cases in court during the five years of follow-up study. – what was the total number of children who had ever had cases in court and what was the intensity of their criminal careers. –is there any difference between the socially maladjusted schoolchildren who had cases in court and those with a clean record, as regards any features of their family environment or the kind of symptoms of social maladjustment, which caused them to be included in the study. Is there any difference between them as regards their school failure or the results of psychological examination. In order to answer these questions, in mid 1982 it was checked if the children indicated as socially maladjusted had cases in court as juveniles or as young adults (aged 17 and over). The examined persons were then aged 15-23. The cases of persons concerning whom it was impossible to obtain data, as to their criminal record were excluded from the analysis therefore, finally the examined population consisted of 859 boys and 220 girls. 3. At the moment when the examined schoolchildren were indicated by the teachers as revealing symptoms of social maladjustment, 6.9 per cent of the socially maladjusted boys and 3.7 pet cent of the girls had criminal cases in family courts. A considerable majority of these children (5.1 per cent of the boys and all girls, 3.7 per cent) had only one case in court. The cases occurred generally at the age 14-16. The number of children who had had cases of care and protection during anamnesis is comparatively large: 5.5 per cent of boys and as many as 16.3 per cent of girls. The examination of the schoolchildren's further criminal careers during the following 5 years produced the following results: - 20.9 per cent of boy were convicted by courts within that period (10.2 per cent had cases in family courts, 5.7 per cent- in ordinary courts, 5 per cent- both in family and in ordinary courts). - 4 per cent of girls were convicted (3.6 per cent by family courts, 0.4 per cent by ordinary courts). It should be added that on account of the age, only 629 boys and 178 girls could have had cases in ordinary courts. Among them, 14.8 per cent of boys and one girl were convicted. The percentage is high, as part of those who „could have had cases" were only 17 years old, the probability of their conviction being thus minimal. 25.7 per cent of boys convicted by ordinary court committed aggressive acts, while 70.7 per cent were convicted only for offences against property. When the entire examined period (anamnesis and follow-up period) is discussed together, it appears that every fourth boy (23.4 per cent) and every thirteenth girl among all socially maladjusted children were delinquent. This result certifies to the generally known difference between the extents of delinquency of boys and girls. However, the represented proportion changes diametrically if one takes into account not only criminal cases, but also those of care and protection. 12.2 per cent of boys and as many as 25.4 per cent of girls had cases of care and protection in family courts. There were 26.4 per cent of socially maladjusted boys and 28.6 per cent of girls who had cases in family courts (criminal and care and protection together). The high percentage of girls who had cases of care and protection may be connected to their worse family situation which demanded intervention, as well as with the fact, that girls revealed symptoms of sexual demoralization more frequently than boys (as many as 1/5 of socially maladjusted girls in grade VIII); these symptoms awoke concern of the adult and may induce them to seek intervention of a court. Such symptoms, not being offences, may only be a reason for instituting tutelar proceedings. Another problem was also examined, that is of the features of the examined persons and of their family environment (as revealed by the questionnaires filled in by the teachers) which would differentiate the delinquent boys from those who had never been convicted. The delinquent boys were found to live in worse family backgrounds, in which criminality of parents or siblings or alcoholism of the father occurred more frequently. Instead, the delinquent boys were not found to live more frequently in broken homes or separately from their parents. The delinquent boys were more socially maladjusted than those never convicted: they revealed a greater numer of symptoms of social maladjustment, their teachers informed more frequently of threir thefts, drinking, contacts with demoralized colleagues, and truancy. Instead, the delinquent boys were not described by the teachers as fighting with their schoolmates „often” and „very often” more frequently than those never convicted. It may be that such a description of a child by the teacher was unreliable; the boy's aggressive behaviour may have been a temporary phenomenon, resulting from actual social situation; aggressiveness revealed at school may have been separate from the entire syndrome of social maladjustment. However, at the present stage of the study we are not in a position to take up any attitude towards these possible explanations. Neither the many-hours loitering around the streets was found to significantly differentiate the delinquent boys from those never convicted. This results from the fact that loitering is a typical way of spending time of the considerable majority of socially maladjusted boys, therefore it does not differentiate those who were convicted from the others. 4. In the group of 262 individually examined boys who revealed intense and cumulated symptoms of social maladjustment, the extent of delinquency appeared to be larger than in the entire population of 885 socially maladjusted schoolboys from which this group has been selected. During anamnesis, 32 per cent of boys had criminal cases in family courts; 78.9 per cent of them had only one case, 18.3 per cent had two cases, and 2.8 per cent -three or more cases. During the follow-up period, 28.2 per cent of the examined boys had cases in court, including 14.1 per cent who had cases in family courts only, 7.6 per cent who had cases in ordinary courts only, and 6.5 per cent who had cases both in family and in ordinary courts. Within the whole of the examined period (both anamnesis and follow-up period), nearly half of the examined boys were convicted: 29.4 per cent had cases in family courts only, 5.3 per cent- in ordinary courts only, and 14.1 per cent-both in family and in ordinary courts. Therefore, every second boy from the group with intense and cumulated symptoms of social maladjustment had cases in court within the examined period, while every fourth one from the entire population had been convicted. Poor material and housing conditions of the family, insufficient care of children, broken home and bad conjugal life of the parents were not found to be significantly connected with the delinquency of the examined boys. Instead, a correlation of statistical significance was found between delinquency and excessive drinking of the fathers, their own criminal records and periods of imprisonment, as well as between the sons' delinquency and the lack of elementary education of the parents. On the other hand, no difference was found between delinquents and non-delinquents as regards the teachers' estimation of their intelligence level and learning difficulties pointed out by their mothers and themselves. None of the biopsychical variables taken into account in the study was found to differentiate both groups: lowered level of intelligence, eyesight defect, hearing defect, disturbances of speech, dyslexia, probable past lesions of the central nervous system, troubles with concentration, very slow rate of working. Persisting neurotic symptoms. Indeed, these factors were present rather more frequently among the non-delinquent boys, distinctly connected with their learning problems and school failures. On the other hand, delinquents actually repeated classes more frequently than non-delinquents, got bad marks in various subjects, and their learning progress was estimated as worse by the teachers. Delinquent boys more frequently behaved badly at school beginning from the lowest standards, they played truant from various lessons, were disobedient and disturbed the course of the lessons, had lower marks for behaviour and stated that they did not like school. The socially maladjusted delinquents used to spend time in company of friends older than themselves more often than the non-delinquent boys; they themselves described those friends as badly behaved and drinking alcohol. They were also substantially more often connected with groups of juvenile delinquents according to the teachers' opinion. They revealed a considerably larger intensity of symptoms of social maladjustment. Among these symptoms, only the frequency of aggressive behaviour failed to differentiate the delinquent and non-delinquent boys, which means that as regards the individually examined group, the result concerning the entire population was confirmed. Therefore, the delinquency of the examined persons was related to the greater intensity of their social maladjustment, to their negative family environment and their school situation connected not only with objective learning difficulties but also with the child's reluctant attitude towards school and teachers, and with the teachers' disfavourable opinion of his learning progress and behaviour. It is also worth mentioning that in the control group of 151 schoolboys who were not indicated by the teachers as revealing symptoms of social maladjustment, only one person was found who had been convicted by court during the entire examined period.

13

Polska myśl kryminologiczna od schyłku XIX w. do 1939 r.

41%

Nelken J.

Archiwum Kryminologii

|

1986

|

issue XIII

223-260

EN

Both the anthropological school of Lombroso, established in the late half of the 19th century, and the sociological school established by Ferri and other criminologists ( Liszt, Prins, van Hammel, Tarde) met with a keen interest in Poland. However, the anthropological school was criticized, as it was the case in other countries too, both by the classical school of penal law, and from the sociological point of view. A critical analysis of the views of Lombroso and his successors was made by the leading representative of the classical school of penal law in Poland in those days Krzymuski who postulated that recognition of the individual’s free will to be condition of his penal liability, Krzymuski opposed free will to be conception of a born criminal propagated by Lombroso. Lombroso’s theory was also criticized by Krzywicki, a sociologist and anthropologist who considered the former’s approach towards the conditions of crime to be too narrow, leaving out of account those resulting from the social and economic conditions. On the other hand, Polish criminologists considered it to be Lombroso’s unquestionable merit that he had called attention to the necessity of studying the offender's personality, and in this way initiated the modern criminology. Opinions of various sociological schools were discussed in the Polish literature and accepted by the majority of authors starting from the close of the 19th century. In particular, the most accepted one was the opinion that offence is a result of both individual and social factors, and the aim of punishment meted out by the court should be not only to deter. the perpetrator from committing offences, but also to reeducate him. Due to the fact that in the 19th-centuiy judicial practice the sentence depended on the extent of damage caused by the offender, it was emphasized in the Polish literature that punishment should take into consideration also the offender's individual features, as it is only then that it can fulfil its tasks (Stebelski). With the accepted division of offenders into professional and causal, the fact was stressed that - if the offender reveals a tendency to relapse into crime- the measures the society applies towards him should be more drastic since the society has to defend itself against incorrigible criminals in an effective way. Instead, more lenient measures should be applied towards causal offenders, such measures being sufficient for their reeducation. In the period between the two world wars, criminology in Poland became a separate branch and extended its range; the establishment of the Polish Criminological Society in 1921 and of the Department of Criminology at the Free Polish University in 1922, later (I932) transformed into the Criminological Institute, contributed to this situation. The Polish criminology of that period faced the task of studying and defining in detail the basic factors of crime: individual (endogenous) and social (exogenous). This was related to the necessity to learn about the sources of crime with the aim of its effective control by means of preparing a Penal Code and properly shaping the criminal policy (Wróblewski). When studying the individual factors of crime, particular attention was paid to the psychopathic personality. Criminal psychopaths were believed to suffer from a pathological moral defect resulting from their underdevelopment in the sphere of emotions. It was stated that psychopaths who committed an offence should not be recognized as mentally irresponsible (Nelken). Psychopathy cannot be treated psychiatrically; on the other hand, intensified resocialization of the offender is necessary here, conditions for this treatment created during his prison term. At the same time, an adequate segregation of prisoners should be applied based on the psychopathological criterion (Łuniewski). The science of the offender's personality was called criminal biology; it dealt with the physical and mental structure of the offender. Criminal biology was to make use of the general anthropological, psychological and psychiatric data as well as those gathered by means of other clinical methods. Aimed at gathering comprehensive data concerning the whole of the offender’s mental and physical properties, criminal biology should not confine itself to a mere specification of his various traits: it should also study their origin, methodically examining the development of these properties in the milieu in which the offender’s personality was formed. Thus the criminal-biological research must be made from the psychological and medical as well as sociological points of view. Particular importance was attached to detailed environmental research in the study of juvenile delinquents (Batawia). In the early Thirties, the Ministry of Justice initiated criminological- biological research in prisons. The research was carried out by special commissions with the use of a specially prepared comprehensive questionnaire . The greatest part was played by psychiatric and psychological examination. The criminal-biological research in prisons was interrupted by the outbreak of the war. In connection with the criminogenic role of alcoholism, criminologists spoke for a considerable reduction of production and sale of spirits. Moreover, an opinion was expressed that a commission of an offence in the state of a normal (the so-called physiological) intoxication should not result in the recognition of the offender as mentally irresponsible. Only pathological intoxication may be considered from the point of view of irrespossibility. The offender should not avail himself of his intoxication as a mitigating circumstance (Nelken). The scientists opposed the introduction of compulsory sterilization which was to be applied toward persons whose children could inherit serious pathological traits from them. The opposition had both scientific and humanistic grounds (Łuniewski, Nelken). Compulsory sterilization was not introduced. The main trend of the Polish criminology in the period between the wars corresponded with the sociological school which took into account the relationship between the endogenous (biological) and the exogenous (social) factors in the origins of crime. A vast majority of Polish criminologists opposed the conception of a “born criminal” put forward by Lombroso. Some of the Polish scholars of the period between the wars who used the term “criminal anthropology” (e.g. Rabinowicz), emphasized the evolution of this science which differed from the Lombroso’s doctrine, and postulated the social milieu as a factor be largely taken into consideration in the studies on the causes of crime. In the Polish criminology of those days, the stress was laid principally on criminal biology due to the fact that the internal factor is usually less conspicuous and more difficult to prove than the external one in the etiology of crime. It was emphasized that not all of persons who found themselves in unfavourable social conditions turned offenders (Neymark, Lemkin); therefore, the biological (somato psychological) factor determines the individual’s moral resistance to the unfavourable external conditions. On the other hand, also the social factor, in addition to the biological one, was included in the causes of crime, due to the considerable impact of living conditions on the human mind. The opinion was that - though the etiology of an offence is usually determined by a combination of the external and internal factors - in each case one should attempt to find out which of these factors prevailed in the origin of a given act; this should also be taken into account in the criminological prognosis. In general, the chance for correction is smaller in the case of an offender of the endogenous type who requires a more thorough and longer resocialization as compared with one of the exogenous type; this should be taken into account by the court when meting out punishment (Rabinowicz, Lemkin). The Polish Penal Code of 1932 (in force till 1969) was an expression of the compromise between the classical school of penal law and the sociological school. In the code, many legal structures included in the General Part were formulated in accordance with the achievements of the science of penal law in its classical form; this concerns particularly the definition or the essence of crime and the principles of liability including that of subjectivism as responsibility for a culpable act. A compromising character was given in the code to meting out punishment which was conditioned not only by the weight of the offence according to the classical principle of retribution and deterrence, but also by the offender's personality and the life he had led hitherto according to the instructions of the sociological school (Art. 54). The discussed code did not adopt from the Italian positivism the so-called ante-criminal prevention, i.e.. the application of sanctions towards an individual who has not committed any prohibited act yet. Also indeterminate sentences were not adopted in the Code in relation to penalties and not protective measures, as this would be contradictory to the principle of individualization of punishment. Under the influence of the sociological school the Code contained of a possibility of suspension of ęxceution of the penalty, and of its extraordinary rnitigation, as well as the release from prison before the expiration of term (separately regulated by the law of 1927-) and a possibility to mete out a more severe penalty in the case of recidivists. In addition to the medical security measures, which consisted in the commitment of the offender to a mental hospital and which the court could apply towards the persons guilty of acts committed in the state of mental irresponsibility or decreased responsibility, the code introduced - basing on the postulates of the sociological school-isolating security measures applied towards the offenders whose acts were connected with reluctance to work, and towards recidivists and professional as well as habitual criminals if their staying at liberty endangered the legal order. The isolating security measures were applied together with the penalty (not instead of it), the necessity of their application connected with the ‘’ state of danger", i.e. the perpetrator's probability of commission of further offences; in the criminological literature, subjective and state of objective criteria of the danger were distinguished (Strasman). According to Art. 84 of the Penal Code, offenders of this type were committed to a special institution for at least 5 years, and the court decided after the termination of each such period whether it was necessary to prolong the commitment for the next five years. In the Penal Code of 1932, also the measures applied towards juvenile delinquents were divided into educational measures on the one hand, and commitment to a corrective institution on the other hand, depending on the juvenile's age and of his possible discernment or lack there of when committing the forbiden act.

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