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1

Kara ograniczenia wolności w świetle polityki kryminalnej w latach 1970-1998

100%

Melezini M., Szczygieł G. B.

Archiwum Kryminologii

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2002

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issue XXVI

133-159

EN

The subject of the article is an analysis of the non-custodial sentencje known in Poland as curtailment of liberty (and thus excluding fines) as an important instrument of penal policy in the 1970-1998, the main focus being on two strands or this policy–legislative policy and penal policy–to the exclusion of the latter’s administrative aspects. In the light of the guiding principles of the 1969 Criminal Code non-custodial sentences were intended to become an important penal policy measure for treatment of perpetrators of minor offenses and at the same time to provide a substitute for short terms of imprisonment, which had been found relatively ineffective as a means of achieving rehabilitation of convicted offenders. However, the normative extent of the code’s provision for non-custodial penalties proved to be relatively narrow. Within the range of alternatives to custodial punishment curtailment of liberty was an option available only under 17.5% of the defined offenses. Under Article 54 §1 sentencing to curtailment of liberty was admissible for 24% of all offenses and under Article 57 §1.3 for 27.9% of the total. The potential possibilities of non-custodial treatment of offenders were circumscribed by the provisions of Articles 54 §2, 52, 59 and 60. A significant influence on the frequency of sentencing to curtailment of liberty was the actual incidence of criminal acts punishable by alternative form of treatment. Based on an analysis of Ministry of Justice and judicial statistics it appears that such acts were not among the most frequently committed offenses, amounting to about 10% of all convictions. The systematic growth of the proportion of sentences to curtailment of liberty, from 6.2% in 1970 to l8% in 1980, should, therefore, be regarded as achievement of the maximum level of possible sentences of this kind. If we consider the share of curtailment of liberty in the structure of sentences for offenses punishable by alternative forms of treatment we will find that there was a judicial bias towards curtailment of liberty. The frequency of such treatment of offenders fluctuated between 32.83% and 56.54%, while the range for fines came to 21.26%‒5I,99 % and for imprisonment to 3,4%‒21.26%. It can, therefore, be said that in the first decade following the 1969 Criminal Code’s entry into force curtailment of liberty fulfilled the purpose envisaged by the lawmakers, that is as an alternative to short terms of imprisonment. Undoubtedly, a factor contributing to the increase in the proportion of non-custodial sentences in the structure of final and conclusive judgments was the jurisprudence of the Supreme Court, in particular its guidelines for the administration of justice and judicial practice issued on 30 May 1979 (VII KZP 31/1977) concerning sentencing policy with respect to offenses for which the prescribed punishment is, interchangeably, imprisonmet, curtailment of liberty or a fine. Imprisonment, these stated, should be a penalty imposed only in the last resort when non-custodial forms of treatment are deemed incapable of performing the function of protection of the legal order. If a salient characteristic of the 1970s was stability of legislative policy, which precluded the possibility of shaping penal policy by means of legislation, the 1980s, or more precisely the period from 12 December 1981 to 1989, saw the emergence of a tendency in the opposite direction. For it brought the adoption of numerous basic amendments in criminal legislation, the general thrust of which was towards severer difinition of criminal responsibility. This was reflected in a decrease in the proportion of non-custodial sentences in the structure of final and conclusive judgments (from 15.6% in 1981 to 8.2% in 1984) and a concurrent increase in the frequency with which courts sentenced offenders to imprisonment (from 25.3% in 1981 to 33.1% in 1984). During the years in which the rigorous provisions of the Special Criminal Responsibility Act were in force, that is in the period from 10 May 1985 to 30 June 1988, there was a systematic rise in the proportion of curtailment of liberty in the structure of sentences (from 10.1% in 1985 to 17.4% in 1987), which might have something to do with the introduction by the May legislation of provisions allowing for non-custodial treatment of offenders in summary proceedings. The 1988 amendments to the Criminal Code, aimed at relaxing definitions of criminal responsibility, included, albeit in only a limited degree, provisions relating to the applicability of curtailment of liberty. These changes reflected a desire to increase the significance of non-custodial treatment in penal policy. However, in judicial practice there ensued a decrease in sentencing to curtailment of liberty, from 10.5% in 1989 to 5.3% in 1990. The period of political, economic and social change in Poland which began in 1989 stimulated criminal law reform. The aim of numerous legislative change which followed was to reduce the punitive character of the Criminal Code. One reflection of this was greater provision for non-custodial treatment of offenders (introduced by the new Criminal Code enacted in 1995) through a broadening of the grounds for commuting sentences of imprisonment to curtailment of liberty or a fine under Article 54), reduction of the role of repeated criminality as an aggravating circumstance in punishment of offenders, and abolition of extended sentences for offenses classified as "hooligansm" or committed by repeat offenders. In 1991-1995 the share of curtailment of liberty in the structure of sentences held steady at a level of 3.5%‒3,9%, making it the lowest ever for the period in which the 1969 Criminal Code was in force. This was not a result of the greater repressiveness of the criminal justice system since we observed a drop in the frquency of sentences of imprisonment. The courts tended to favor the use of conditional suspension of custodial sentences (the share of which rose from 43.9% in 1989 to 55.1% in 1997) and fines (up from 4.9% in 1989 to 27.4% in 1997). The explanation should, rather, be sought in problems with execution of sentences to curtaiment of liberty, chief among them the job shrinkages caused by changes in the free-market economy. Analysis indicates that curtailment of liberty did not fulfill the expectations associated with this form of punishment. It did not become a significant instrument of penal policy nor did it contribute to reducing the scale of sentencing to terms of imprisonment. Even after a substantial widening of provision for punishment by curtailment of liberty its share of sentences ordered by the courts reached a level of only 5.2% (in 1977). The new Criminal Code has substantially expanded the possibilities of sentencing offenders to curtailment of liberty. This form of punishment is intended to be an important instrument of penal policy with respect to misdemeanors and minor offenses and to replace imprisonment and even fines if ordering the latter is thought to serve no purpose. At the same time the Criminal Code has introduced modifications in the legal shape of this punishment. By preserving, contrary to the intentions of the code’s original drafters, multivariate forms of punishment it gives curtailment of liberty some of the hallmarks of probation by introducing the possibility of imposing certain additional conditions and establishing supervision. The new elements in the design of curtailment of liberty have met with numerous criticisms of the doctrine (including by the authors of the article). How it will affect the functioning of the institution analyzed the immediate future will tell.

2

The penalty of restriction of liberty — The Polish model of intermediate punishment

92%

Kalisz T.

Nowa kodyfikacja prawa karnego

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2015

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vol. 38

11-26

EN

The study examines the penalty of restriction of liberty. The sanction in question occupies a unique position in the Polish catalogue of principal penalties as the so-called intermediate punishment, between a fine and a custodial sentence. Over the last forty years or more the penalty has changed considerably, mainly as a result of difficulties with its application and enforcement as well as its still modest share in the sentencing structure. The aim of the study is to present changes in the substance of the penalty, beginning with the criminal codification of 1969 and ending with the major amendment to the Criminal Code of 1997, which entered into force on 1 July 2015.

3

An evergreen or forgotten subject: relationship among crime, criminology and criminal policy

92%

Rzeplińska I.

Biuletyn Polskiego Towarzystwa Kryminologicznego im. prof. Stanisława Batawii

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2012/2013

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issue 20

51-55

4

Recenzja: Paweł Kobes, Funkcje kurateli w polityce kryminalnej, Difin, Warszawa 2019, ss. 378

92%

Porowski M.

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2019

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vol. 2

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issue 1(3)

230-234

PL

Tekst stanowi recenzję książki Pawła Kobesa dotyczącej kurateli i jej miejsca w polityce kryminalnej.

EN

This is a review of Paweł Kobes’s book on the legal guardianship and its place in the criminal policy.

5

Reform of the criminal law in Poland

82%

Byczyk M.

Adam Mickiewicz University Law Review

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2015

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vol. 5

243-258

PL

The author discusses the main ideas behind the proposed reform of the criminal law in light of the project conveyed to the Polish Sejm on the 15th of May 2014. The proposed changes, being the most significant ones since the recodification of the criminal law in 1997, are based on the correct presumption that the deficiencies in current Polish criminal policy lead to overly repressive criminal law. A detailed analysis of the project, however, shows that it is not free from failures, in terms of both the formulation of legal norms as well as the reforms to institutions of the criminal law with respect to the application of penalties. It also does not take into account the arguments formulated in recent years regarding the reform of the criminal law. This leads to the conclusion thatthe proposed changes, though rightly focused on improving the most fundamental tools of criminal policy, nonetheless have the character of an ad hoc reform, which even hadsome elements of penal populism, influencing in such a negative way the shape of the criminal law in recent years. Yet most of those controversial changes have been abandoned during the parliamentary works on this since 1.07.2015 binding law.

EN

The author discusses the main ideas behind the proposed reform of the criminal law in light of the project conveyed to the Polish Sejm on the 15th of May 2014. The proposed changes, being the most significant ones since the recodification of the criminal law in 1997, are based on the correct presumption that the deficiencies in current Polish criminal policy lead to overly repressive criminal law. A detailed analysis of the project, however, shows that it is not free from failures, in terms of both the formulation of legal norms as well as the reforms to institutions of the criminal law with respect to the application of penalties. It also does not take into account the arguments formulated in recent years regarding the reform of the criminal law. This leads to the conclusion thatthe proposed changes, though rightly focused on improving the most fundamental tools of criminal policy, nonetheless have the character of an ad hoc reform, which even had some elements of penal populism, influencing in such a negative way the shape of the criminal law in recent years. Yet most of those controversial changes have been abandoned during the parliamentary works on this since 1.07.2015 binding law.

6

O znaczeniu fundamentalnych zasad karania w polityce karnej — uwagi na tle przyczyn i skutków „masowego uwięzienia” w Stanach Zjednoczonych

81%

Stańdo-Kawecka B.

Nowa kodyfikacja prawa karnego

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2017

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vol. 43

509-522

EN

In the last century, in the United States, there was a significant change in the paradigms of punishment. In the 1970s the ideology of rehabilitation collapsed and reforms, which aimed at restoring justice in punishment and reduction of the prison population, were initiated. In the next decade, the movement aiming at liberal reforms lost the social and political support and was replaced with the repressive criminal policy. At the same time, a rapid increase in the prison population started which has been referred to in the criminological literature as the phenomenon of mass incarceration. After four decades of continuous growth in the number of persons deprived of their liberty there is no doubt that the social and financial consequences of a repressive system of punishment proved to be dramatic. For this reason, issues concerning the restoration of justice and rationality in punishment have again been discussed in the United States. Many European countries also experienced the “punitive turn” in the criminal policy at the end of the 20th century, although its scale was incomparable with what happened in the United States. It does not mean, however, that American discussions on the philosophy of punishment and criminal policy are irrelevant for Europe. Multidimensional negative effects of the American policy of mass incarceration indicate the dangers resulting from ignoring the basic principles of punishment that protect against abuses of the state’s power to punish. Additionally, they encourage a serious discussion about the integration of punishment theories with the empirical knowledge on the results of sentencing and sentence enforcement.

7

Equivalence formulation between prison sentences and fine sentences that prioritising fine sentences

81%

Gunawan T. J.

Data a výzkum - SDA Info (Data and Research - SDA Info)

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2023

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vol. 13

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issue 3

326-336

EN

The orientation of law reform is agreed towards the application of restorative justice. Hence, an equivalence formulation between penal and fine sentences is urgently required. This normative research of legal studies proposed an equivalence formulation between prison and fine sentences. It resulted in prioritising fine sentences as a more preferred sentence while ensuring justice for the victim(s) and the community as represented by the state. This research presented a reform to amend the same weaknesses of the current penal or criminal law system in defining alternative sentences to prison sentences, which from an economic analysis perspective, was impossible to be chosen by the Judges. This research proposes an amendment that promotes financing the victim(s) and the community’s restorative effort. Besides that, it convinces the judges to pass a double-track sentence, both prison and fine sentences, because both can be valued and have equal consequences.

8

Criminal Law and its Victim-Oriented Development: an Academic Inquiry

81%

Tuliakov V.

Copernicus Political and Legal Studies

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2023

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vol. 2

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issue 3

70-74

EN

In the 21st century, one of the essential roles of the Criminal Code is to protect the rights and interests of crime victims. Criminal law is a complex field that must balance established principles with evolving societal dynamics. This involves various stakeholders, including the state, perpetrators, victims, and civil society, each with differing views on criminal law. The modern era, marked by post-truth narratives and a reputational society, has further complicated matters. Casuistry now prevails over systematic approaches, leading to a disconnect between criminal law’s foundational principles and intended societal outcomes. Contemporary criminal law operates on multiple dimensions, addressing individual, societal, and institutional levels while aiming to balance the interests of these entities. The transition from the “age of information” to the “age of reputation” underscores the importance of information subjected to external evaluation. In the context of harmonizing Ukrainian criminal legislation with EU and Council of Europe norms, it is vital to protect human rights. This aligns with a Committee of Ministers recommendation that recognizes crime as a wrong against society and a violation of individual rights, emphasizing the importance of safeguarding victim rights. Approaching criminal law from a victimological perspective offers unique insights into victim participation in criminal liability, crime qualification, and offender culpability. This perspective encourages assessing the efficacy of criminal law prohibitions and promoting victim engagement in crime control.

9

O polityce karnej z perspektywy retrospektywnej

80%

Pływaczewski E. W.

Archiwum Kryminologii

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2008

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issue XXIX-XXX

617-628

10

O niektórych miernikach oceny polityki karnej (na przykładzie Polski w ostatnim dwudziestoleciu)

80%

Skupiński J.

Archiwum Kryminologii

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2008

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issue XXIX-XXX

653-657

11

Nieprawomocne orzeczenia sądów w sprawach karnych w świetle starego i nowego kodeksu karnego

70%

Gruszczyńska B., Marczewski M.

Archiwum Kryminologii

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2000

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issue XXV

179-192

12

Česká kriminologie – dlouhá tradice, slibná současnost

70%

Boukalová H., Buriánek J., Podaná Z., Scheinost M., Fidesová H.

Česká kriminologie (Czech Criminology)

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2016

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vol. 1

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issue 1

1-9

EN

This article aims to introduce the reader of a new magazine to the context of thinking about crime in the Czech Republic, both at the level of theory and research. In this regard, we consider it crucial to outline the development of Czech criminology, its long tradition and promising present, and inform about main directions of current research in the field. The second task appears certainly more difficult since it forces us to make a selection and our criteria of any such selection may become the subject of dispute. It is to present the most important projects, which – paradoxically – cross the horizons of the Czech basin and integrate the Czech Criminology into a wider, international context.

13

NEW DIRECTIONS IN CRIMINAL LAW THE PRIMACY OF NON-CUSTODIAL PENALTIES AND THE COMPENSATORY FUNCTION

70%

Fibinger J. J.

Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej

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2016

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issue 4

98-124

EN

The paper is focused on the consequences of the amendment of the Penal Code provisions relating to the penalties, providing a theoretical background for the problems of penalties considered as a part of the Penal Code as well as indicating the current problems of judicial practice in that respect. Especially, the author focuses on the legislator’s assumptions, namely the introduction of the primacy of non-custodial penalties and the emphasis of the compensatory function of criminal law.

14

Development of Criminal Policy in Hungary during the First Decade of the 21st Century

61%

Lévay M.

Archiwum Kryminologii

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2008

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issue XXIX-XXX

543-554

15

Przestępczość wielokrotnych recydywistów i stosowana wobec nich polityka karna

61%

Siemaszko A.

Archiwum Kryminologii

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1983

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issue X

23-54

EN

In Poland in recent years, the number of people sentenced each year in what is know as „special multiple recidivism (Art.60 § 2) has been in the order of 1,500-1,700. This paragfaph of the Penal Code, which applies to offences against property and to acts of hooliganism, provides for a drastic stepping-up of penal Sanctions. Under the Penal Code, the minimum sentence for multi-recidivists in this category is two years' imprisonment, unless there are mitigating circumstances. Hence it may be concluded that the legislation regards this group of effenders as constituting a specially serious danger to law and order. The sudy described below was designed to elucidate if that is really the case. The subjects in this study were all multi-recidivists sentenced under this paragraph by the courts in five voivodships of Poland, in the years 1975 and 1976. Over 1,700 criminal cases brought against 131 persons were analysed. For technical reasoni, it was not possible to make a random sample. Nevertheless, if we take into consideration the fact that the subjects constituted 10% of all multi-recidivists convicted of special multiple recidivism within this period, as well as the fact that the main social and demographic data and the kinds of crimes committed by the multi-recidivists in our group are almost identical to such data in other investigations based on random samples, we can take it that the sample used in our study may be considered as representative of all the offenders convicted of crimes in what is known as „specual multiple recidivism”. The methods used was to analyse the court records and the data given in the register of convicted persons and in the register of prisoners. Efforfs were made to collect information from the records on all crimes committed by the recidivists in our group, right from the beginning of their criminal career. The study fell into the following headings: 1) basic socio-demographic data, 2) crime record, 3) structure of offences committed, 4) effectiveness of penal measures used, 5) the penal policy adopted towards our subjects in different periods. Finally, conclusions drawn from the present study, as well asfrom other studies of multi-recidivism are presented. Some basic characteristics of this group are as follows: The mean age of the subjects was 40, and their mean age at the time of the first conviction: 21. The percentage of multi-recidivists who began their criminal carrer being aged 25 and over was higher in this group than in other studies. The educational level of the men in this group was much lower than that of the male manual workers employed in the public economy. Nearly 4O% of the subjects had no trade, and among those who did work, most of their jobs consisted of the simplest manual work not requiring any qualifications. Yet it was found that only about 40% of the subjects had worked regularly before their first conviction, and that nearly 39%o had never worked at all. The average number of convictions per subject was 7. The mean length of prison sentence given was 31.9 months (that is, over 2.5 years), while the average stay in prison was 24.44 months, that is, just over two years. Out of 922 sentences, 43.1% did not exceed 18 months. The percentage of prison sentences of five years and over was only 6.6%. These facts may indicate that the offenders in this group had not committed serious crimes that were a real threat to law and order. But the sentences passed for the first two cases were statistically significantly lower than those imposed for later crimes. A similar statistically significant difference was noted as regards length of successive periods spent at liberty. After each period in prison, the periods at liberty became successively shorter. Nevertheless generally speaking the tempo of recidivism was very high in this group. Out of a total number of 818 periods spent in freedom, 11.4% had a duration not exceeding a month, while 40% did not exceed six months in duration. The percentage of periods of freedom that lasted for more than three years was barely 7.4% in this group. As for the structure of offenies committed by the subjects in this group, offences against property dominated, for 85.9% of the total number of 1,784 offences committed were offences of this type, offences against the person 3.48% of the total, offences against authority 3.48%, and offences against the family 1.23%. Theft of private property accounted for 50% of all the offences committed by the recidivists in this group. Serious crimes, such as rape, homicide, or robbery, constituted barely 2.2% of all the offences committed by this group, and by far the most were robberies. But even robbery, regarded as a serious crime, formed a tiny percentage of all the offences committed, for out of the total numbet of 1,784 offences, 37 were robberies. In more than 75% of the crimes against property, the sums obtained were no more than 5,000 zlotys, while in only 11% of the total cases did the sum obtained exceed 10,000 zlotys . Several methods were used to assess the effectiveness of imprisonment. The first method was to work out the correlation between the variable "time in prison” and the variable "time at in freedom". This correlation turend out to be nearly 0 (r = 0.02). This means that we can reject the hypothesis that there is a positive connection between length of imprisonment and time spent in freedom. The second method was to study the length of time spent in freedom after periods of imprisonment of various lengths: up to 6 months, from 7 to 12 month., from 1 to 2 years, from 2 to 3 years, and 3 years and over. Here, too, there was no significant correlation (X2 = 5.10; df = 12), which is below the level of significance. The third method was to try to find out if there was a significant diffence in duration of freedom between the recidivists sentenced to terms of up to 6 months, and those sentenced to three years and over. The aim of this method was to discover if what are regarded as long terms in prison are followed by longer terms in the outside world. In other words, it would be interesting to know if long-term incarceration has a deterrent effect. In this case, too, no significant statistical defferences were found (X2 = O,32; dt= 3, which is below the level of significance). Thus it would seem that in our group of subjects' length of time in prison had no effect at all on the tempo of recidivism. This was confirmed by analysis of the duration of the first stay in prison as compared with the subsequent time spent in freedom: (X2 = 2.80; df = 4, which is below the level of significance). There have been more and more frequent assertions of late, that the Polish criminal justice system has becoming more and more punitive. The present study tried to test whether these assertions are justified with reference to the population of multi-recedivists. Hence the period 1948-1978 was divided into five stages more or less corresponding to different phases of penal policy in Poland. These stages are as follows: Period I (l948-1955), Period II (1956-1960), Period III ( 1961-1965), Period IV (1966-1969), and Period V (197O-1978). The next step was to determine the character of penal policy towards recidivists during these various stages. As regards the length of the first prison sentences, the t test for the significance of the differences between the means showed that the mean duration of prison sentences in Period I (which was a very punitive period) was significantly greater than the duration of sentences passed in Period II and III. On the other hand, the mean duration of sentences passed in Periods I and IV showed no significant difference. This means that from the high figure un the "Stalin era”, the mean length of first prison sentences fell sharply in the next decade (especially in the „post October 1956" period), after which it gradually rose again, till in the period 1966-1969 it had reached a level not much lower than that of the "Stalin era". A similar analysis was made of the second prison sentences meted out. Our findings were that during the whole time under review there were no drastic changes of penal policy towards persons previously sentenced. (None of the differences between the means representing the duration of second prison sentences were statistically significant). The highest mean length of prison sentences was noted in Period I. There was a sharp fall in Period II, followed again by a gradual rise, until Period V, when length of sentence again was nearly as great as in Period I. Since similar results were obtained when the means of the length of third prison sentences in the various periods were compared, as well as the means for the length of all sentences meted out in all five periods (here the tendency we have been discussing was particularly evident), the hypothesis as to the steadily increasing punitive character of the punitive justice system in Poland would seem to be borne out by the evidence. Use of the means has this drawback: that with the exception of the standard deviation we have no other information about the sentences coming into different duration categories. For this reason we carried out an extra test, which consisted in comparing the distribution of sentences in the same five periods, but in categories with sentences of up to 1 year, from 1 year to 2 years, and sentences of two years and over. Here, too, the same tendency was found (X2=119.19; df = 8; p<0.01). The following conclusions were reached as a result of this study. The principles behind the paragraph of the Penal Code which deals with special multiple recidivism, and the construction of that paragraph, are wrong. Instead of being aimed maiunly at the perpetrators of serious crimes against person, as well as serious crimes against property, this paragraph in actual fact affects the perpretators of petty or very petty offences against property. On the whole these are habitual petty thieves, who offer no real serious threat to law and order. The result is that in the practice of punitive justice system even a very petty theft comitted in conditions of special multiple recidivism leads to a long term of imprisonment. The consequence is that it also leads to a formal increase of recidivism, for if the law were different, the case could be discontinued or suspended. Hence Art. 60 § 2 of the Penal Code should definitely be abrogated.

16

Kara dożywotniego pozbawienia wolności w polskim systemie prawnym. Problemy i wątpliwości

58%

Nowicka I.

Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej

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2014

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issue 3

66-81

PL

Artykuł ukazuje karę dożywotniego pozbawienia wolności w polskim systemie prawnym z uwagi na fakt, iż jest ona integralną składową dyskusji dotyczącej polityki kryminalnej, sprawiedliwościowego bądź też nie jej charakteru. Tak jak pozostałe kary długoterminowe niesie za sobą wiele problemów teoretycznych jak i praktycznych, co w artykule starano się zaznaczyć, m.in. poprzez przedstawienie historyczne, kształtowanie się umiejscowienia tej kary w obecnie obowiązującym kodeksie karnym czy też ukazanie wyników przeprowadzanych badań.

EN

The paper presents the punishment of life imprisonment in the Polish legal system as an integral component of the discussion on criminal policy. Just like other long-term penalties, it entails many problems of theoretical and practical nature, as the paper attempts to highlight by presenting historical development of this penalty, discussing its place in the current penal code or showing the results of research.

17

Porażka systemu izolacyjnego a kształtowanie racjonalnej polityki kryminalnej opartej na środkach probacyjnych w Polsce

58%

Bałandynowicz A.

Resocjalizacja Polska

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2013

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issue 4/2013

25-46

PL

W przedstawionym artykule propozycja reformy systemu karania poprzez wbudowanie w istniejący porządek środków penalnych kar średniej mocy i środków probacyjnych ma charakter życzeniowy, potwierdzony potrzebą jej drożności w systemie prawa głosami przedstawicieli nauki. Nie znajduje jednak zwolenników w resorcie Ministerstwa Sprawiedliwości. Niemniej na podstawie aktualnego katalogu środków karania, w tym uwzględniając dozór przy warunkowym zawieszeniu, umorzeniu i przedterminowym zwolnieniu a także dozór samoistny, można w drodze przepisów wykonawczych stwarzać warunki do realizacji pierwszego etapu tejże reformy zakładając funkcjonowanie kuratora w ramach tzw. kurateli klinicznej jako podstawowego warunku powodzenia systemu probacji w Polsce.

EN

In the present article, the proposal to reform the system by incorporating punishment the existing order of penal sanctions and measures the average power probation is wishful thinking, confirmed the need for its patency in the right voices representatives of science. There is, however, supporters of the department of the Ministry of Justice. However, based on the current catalog of criminal offenses, including taking into account the supervision of the conditional suspension, cancellation and premature release and independent supervision, can, in implementing rules create conditions for implementation of the first phase of that reform, assuming operation in the so-called guardianship as a prerequisite for clinical success of semi in Poland.

18

The Issues of Criminal Policy in the Interwar Period in Poland

58%

Grudzińska A.

Studia Iuridica Lublinensia

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2018

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vol. 27

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issue 4

EN

One of the debates carried out in interwar Poland among legal professionals, including on the pages of legal journals, regarded the issue of how to define and delimit the scope of criminal policy. It was contributed to by many prominent jurists of that era, such as J. Makarewicz, B. Wróblewski or E.S. Rappaport. The aim of this article is to present J. Reinhold’s and A. Moginicki’s views on criminal policy. However, these two authors perceived the combat against crime differently as to the use of various means by the state or both the state and society (penalties and/or preventive/protective measures). Although they were influenced by the sociological school of criminal law, mainly F. von Liszt’s position, an analysis of their views points to a number of differences in their positions.

PL

Jedna z wielu dyskusji, które były podejmowane przez prawników w dwudziestoleciu międzywojennym w Polsce m.in. na łamach czasopism prawniczych, dotyczyła zdefiniowania i określenia zakresu polityki kryminalnej. Uczestniczyło w niej wielu wybitnych prawników, w tym J. Makarewicz, B. Wróblewski i E.S. Rappaport. Celem niniejszego artykułu jest przedstawienie poglądów J. Reinholda i A. Mogilnickiego na politykę kryminalną oraz uwypuklenie różnic w przyjętych przez nich stanowiskach. Mimo tego, że na obu wpłynęła szkoła socjologiczna prawa karnego (głównie stanowisko F. von Liszta), można wskazać szereg rozbieżności w ich zdaniach. Po przeanalizowaniu tekstów tych autorów należy stwierdzić, że walka z przestępczością w ich ujęciu miała przebiegać odmiennie: poprzez użycie różnych środków (kary i/lub środków zabezpieczających/ochronnych) przez państwo lub przez państwo i społeczeństwo.

19

Wpływ dyrektywy Parlamentu Europejskiego i Rady 2008/99/WE z dnia 19 listopada 2008 r. na polską politykę kryminalną

58%

Wójcicka M.

Journal of Modern Science

|

2015

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issue 2(25)

427-439

EN

European Union law determines the development of the internal law of the Member States directly or indirectly in almost every area of their activity. One of the important functions of the state is to protect the environment. Th e establishment and implementation of the principle of sustainable development, as well as intensifi ed by the European Union for last several years environmental policy, has forced changes aimed at improving the fi ght against crimes against the environment. Th e changes introduced by the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law had an impact on crime policy in Poland. Th is article was devoted to discussion of changes in the Polish Criminal Code that have taken place under the infl uence of this directive. At the same time article contains the explanation of the directive, as an act constituted by the EU institutions and its role in the creation of domestic law in the Member States.

PL

Prawo Unii Europejskiej determinuje rozwój prawa wewnętrznego państw członkowskich pośrednio lub bezpośrednio, praktycznie w każdej dziedzinie ich aktywności. Jedną z istotnych funkcji państwa jest ochrona środowiska naturalnego. Powstanie i wdrażanie zasady zrównoważonego rozwoju, a także zintensyfi kowana od kilkunastu lat przez Unię Europejską polityka ochrony środowiska wymusiła wprowadzenie zmian, których celem jest skuteczniejsze zwalczanie przestępstw przeciwko środowisku naturalnemu. Zmiany wprowadzone poprzez dyrektywę Parlamentu Europejskiego i Rady 2008/99/WE z dnia 19 listopada 2008 r. w sprawie ochrony środowiska poprzez prawo karne miały wpływ na politykę kryminalną w Polsce. Niniejszy artykuł poświęcono omówieniu reformy polskiego kodeksu karnego, która dokonała się pod wpływem tego aktu wtórnego prawa UE. Artykuł zawiera w sobie objaśnienie roli dyrektywy, jako aktu stanowionego przez instytucje UE, w kształtowaniu prawa wewnętrznego państw członkowskich.

20

Polityka karna w sprawach o przestępstwa z nienawiści w Polsce w świetle danych statystycznych

58%

Kozłowska P.

Forum Polityki Kryminalnej

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2023

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issue 1(5)

1-27

EN

The negative effects of hate crimes and the threats resulting from these acts justify the need to take effective actions to counter them and eliminate all their manifestations from society. The source literature notes the necessity to intensify efforts leading to more efficient detection, prosecution and penalisation of these crimes. In her article, Patrycja Kozłowska concentrates on the examination of the criminal policy in cases of hate crimes committed in Poland in 2008–2020. Selected court statistical data illustrating the number of convictions for hate crimes, the types of criminal penalties imposed on their perpetrators as well as the length of sentenced penalties of absolute deprivation of liberty have been analysed. Kozłowska also makes an attempt to capture differences in judicial practice becoming evident in the period under scrutiny.

PL

Negatywne skutki przestępstw z nienawiści oraz wynikające z nich zagrożenia uzasadniają potrzebę podjęcia skutecznych działań w celu przeciwdziałania im i eliminowania wszelkich ich przejawów z życia społecznego. W literaturze przedmiotu zwraca się uwagę na konieczność zintensyfikowania wysiłków, zmierzających do lepszego wykrywania, ścigania i karania sprawców tych przestępstw. Niniejszy artykuł został więc poświęcony zbadaniu, jak w latach 2008–2020 wyglądała realizacja polityki karnej w sprawach o przestępstwa z nienawiści w Polsce. Analizie poddano wybrane statystyki sądowe obrazujące liczbę skazań za przestępstwa z nienawiści, a także rodzaje kar kryminalnych orzekanych w odpowiedzi na ich popełnienie i wymiary bezwzględnej kary pozbawienia wolności. W tekście podjęto próbę uchwycenia różnic występujących w praktyce orzeczniczej sądów w analizowanym okresie.

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Kara ograniczenia wolności w świetle polityki kryminalnej w latach 1970-1998

The penalty of restriction of liberty — The Polish model of intermediate punishment

An evergreen or forgotten subject: relationship among crime, criminology and criminal policy

Recenzja: Paweł Kobes, Funkcje kurateli w polityce kryminalnej, Difin, Warszawa 2019, ss. 378

Reform of the criminal law in Poland

O znaczeniu fundamentalnych zasad karania w polityce karnej — uwagi na tle przyczyn i skutków „masowego uwięzienia” w Stanach Zjednoczonych

Equivalence formulation between prison sentences and fine sentences that prioritising fine sentences

Criminal Law and its Victim-Oriented Development: an Academic Inquiry

O polityce karnej z perspektywy retrospektywnej

O niektórych miernikach oceny polityki karnej (na przykładzie Polski w ostatnim dwudziestoleciu)

Nieprawomocne orzeczenia sądów w sprawach karnych w świetle starego i nowego kodeksu karnego

Česká kriminologie – dlouhá tradice, slibná současnost

NEW DIRECTIONS IN CRIMINAL LAW THE PRIMACY OF NON-CUSTODIAL PENALTIES AND THE COMPENSATORY FUNCTION

Development of Criminal Policy in Hungary during the First Decade of the 21st Century

Przestępczość wielokrotnych recydywistów i stosowana wobec nich polityka karna

Kara dożywotniego pozbawienia wolności w polskim systemie prawnym. Problemy i wątpliwości

Porażka systemu izolacyjnego a kształtowanie racjonalnej polityki kryminalnej opartej na środkach probacyjnych w Polsce

The Issues of Criminal Policy in the Interwar Period in Poland

Wpływ dyrektywy Parlamentu Europejskiego i Rady 2008/99/WE z dnia 19 listopada 2008 r. na polską politykę kryminalną

Polityka karna w sprawach o przestępstwa z nienawiści w Polsce w świetle danych statystycznych