Search results

1

Statutory Regulations on Electronic Monitoring and Their Actual Application by the Judiciary in Poland

100%

Ważny A.

Internal Security

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2013

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vol. 5(2)

107-126

EN

Effective administration of justice in Ukraine, to a certain extent depends both on procedural cooperation, and the extraprocedural interaction of courts with each other and with subsidiary bodies in the judicial system of Ukraine. Extra-procedural interaction of courts has special legal and administrative nature and therefore requires an appropriate level and methods of legal regulation. The aim is to analyze the legal and administrative principles of interaction with each other and of the courts with the subsidiary bodies in the judicial system of Ukraine, the definition of its main features, the nature and significance, as well as substantiation of the priorities for improving the legal framework of cooperation between courts. Novelty contained in the identified patterns and conceptual generalizations in legal regulation of cooperation between courts in Ukraine. Administrative interaction of the courts formed in the plane of the internal organization, management and extra-procedural activities of courts. It aims to create the appropriate conditions of functioning of all parts of the judicial system of Ukraine and other parties on cooperation with the courts. Legal framework of administrative cooperation between courts is represented by numerous regulations, various in legal force, approval time, the method of regulation and industry classification. This leads to inconsistency, various approaches and degrees of legal settlement of the same order relations on the interaction of courts, indicates the absence of a single well-established model of such relations and a holistic understanding of their nature.

2

"Yet it is still necessary to struggle for a better world:" Media images of crime in relation to criminal activities in people's democratic Czechoslovakia (1945-1961)

88%

Dušková L.

Střed. Časopis pro mezioborová studia Střední Evropy 19. a 20. století. / Centre. Journal for Interdisciplinary Studies of Central Europe in the 19th and 20th Centuries.

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2020

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vol. 12

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issue 1

108-140

EN

The aim of the presented text is to outline the basic features of postwar crime both in terms of its representations in the public space and in terms of specific acts and the involved actors. The aim to start directly after the war is the chronological and the conceptual starting point of this text. The second limit is the adoption of the new Criminal Code in 1961, an updated version of the 1950 code, which, with various amendments, was in effect until 2005 in Slovakia and until 2009 in the Czech Republic. Meanwhile, the Constitution of July 1960 declared Czechoslovakia to be a socialist state. The analysis uses audio-visual sources and the press, which are subject to a contextual examination, and the reports and statistics from the funds of the Ministry of the Interior and the Central Committee of the Communist Party as well as the daily records, protocols, and files stored in the Archive of the Security forces and the Public Security Corps Fond.

3

Miejsce sprawiedliwości naprawczej w polskim systemie karnym

88%

Silecka-Marek E.

Konińskie Studia Społeczno-Ekonomiczne

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2021

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vol. 7

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issue 1

69-84

EN

Place of restorative justice in the Polish penal system This paper shows the conceptions of restorative justice against the background of the idea of general justice. The author indicates to the relationship between the retributive and restorative approaches. By analysing the literature on the subject matter and criminal law, the importance of restorative justice practices and profits that bring to the offender, victim of a crime and for the local community.

4

Osadzeni z niepełnosprawnością fizyczną — w kierunku diagnozy potrzeb

88%

Nymś-Górna A.

Nowa kodyfikacja prawa karnego

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2019

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vol. 53

135 - 144

XX

Among the prison population in Poland there are also people with disabilities. The text will focus on physical disability. Convicts with physical disabilities constitute a group that, in penitentiary reality, is faced with many difficulties. Specialised interactions should be directed towards them. Prison Service officers try to minimise factors that may adversely affect the functioning of people with physical disabilities in prisons and pre-trial detention centres. The purpose of this article is to draw attention to prisoners with a physical disability and the specificity of their needs in penitentiary units.

5

The Specifics of Electronic Monitoring Implementation in Ukraine

88%

Kiikov V.

Internal Security

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2014

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vol. 6(1)

65-70

EN

The electronic monitoring is the new preventive and penal measures in Ministry of Internal Affairs (MIA) practice.The newly adopted Penal Code Procedure provides the legal grounds for its implementation. Despite the mentioned efficiencyin law enforcement and penitentiary matters the police and civilians, who involved in the electronic monitoring program, duringthe first year of its introduction encountered the certain its shortcomings. In the article the technical and procedural problemsrelating to introduction of electronic monitoring in police practice in Ukraine have been considered. It is stated that the mainproblem from psychological perspective is human factor that slowdown the implementation process. From technologicalpoint the electronic monitoring maps of “3M” should be updated and adjusted to current topography situation. As wellthe maintenance of equipment, operated by supplier — “3M” trade mark, is procedurally complicated and time consuming,although the potential of police technicians allow it performing themselves. In the article the statistics relating to electronicmonitoring application by police in 2013 is presented. Based on statistics data and information from practitioners the subsequentanalysis was conducted and relevant recommendations are produced. It is suggested that the raised in the article service relatedproblems, as well as further maintenance of equipment would be much easy in the case of its domestic production. As wellthe wide‑rangetraining programs ought to be organized at police stations in order to improve the technical and proceduralawareness of service personal, whether it is police officer or civilian employees. The general outcome of electronic monitoringprogram implementation in MIA of Ukraine is solid and promising, regardless the mentioned in the article problems, which are manageable.

6

Poglądy studentów prawa na podstawowe instytucje prawa karnego (Wstępne rozpoznanie problemu)

88%

Szuba-Boroń A.

Państwo i Społeczeństwo

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2014

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issue 4

173-200

EN

This paper presets survey results regarding law students opinions on the criminal law and criminology, e.g. death penalty, the offender and the offense as an object of criminological research, the purposes of criminal punishment and criminal law. This article is an attempt to determine an influence of academic knowledge in the field of criminal law and criminology at the students opinions and to analyze or law student hold a public opinion concerning criminal law and criminology.

7

Racjonalność sprawców przestępstw przeciw mieniu – implikacje dla profilaktyki i resocjalizacji

88%

Wójcik D.

Ogrody Nauk i Sztuk

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2012

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issue 2

EN

In light of the "rehabilitation crisis," Polish society expresses the need to introduce more severe penalties. The results of surveys and public opinion pools clearly show that the Poles demand heavier sanctions. Does a potential threat of punishment provide an effective deterrent against committing crimes? This paper discusses the problem of rational thinking of property criminals. The study conducted among prisoners allows us to argue that the perpetrator at the stage of decision making is not acutely aware of the possible consequences of committing a crime. The obtained results would enable us to launch a program facilitating prevention and rehabilitation, which could lead to a decrease in the rate of property crimes.

8

THE PREVENTION AND DETECTION OF PERPETRATORS

88%

Dankiewicz M.

Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje

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2013

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vol. 13(13)

79-97

EN

The methods for identification of potentially aggressive persons based on observation of behavior and appearance were described. The results of studies on the signals from the facial expressions and other relationships between human behavior and hostile intent were presented. The practical use of tools for the detection of deception and hostile intent was described, based among others on the Paul Ekman’s theory of basic emotions. The rules for creating the sketch of a suspect were described, it was also raised the issue of profiling offenders based on behavioral traces under analysis.

9

Rejestr sprawców przestępstw seksualnych. Uwagi na tle ustawy z dnia 13 maja 2016 r. o przeciwdziałaniu zagrożeniom przestępczością na tle seksualnym

87%

Mierzwińska-Lorencka J.

Studia Prawnicze

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2016

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issue 4 (208)

147-162

EN

The article discusses on the Act on counteracting threats of sexual offences. It introduces to the Polish legal system the Registry of Sex Offenders in a version with a limited access and a version available to the public. Criticising the adopted solutions, the author point out the lack of integration with other interventions conducted in Poland against sex offenders, noncompliance with the recommendations of the most important expert circles in the field. The summary emphasises that access to information contained in the registry of limited access will increase the safety of children, especially in those areas where the authorities of the state or local government shall perform activities related to the wider education, treatment or care of minors. However, it should be connected with the organization of a wide range of preventive measures. From the other side the public registry will contribute to increasing public concerns and will be associated with the negative consequences for the perpetrators, and often their families, and the victims themselves. There is certainly an effective instrument that can be used countering threats of crime against sexual abuse.

10

Młodociani sprawcy rozboju

87%

Wójcik D.

Archiwum Kryminologii

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1972

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issue V

151-189

EN

The study presents the findings of an inquiry conducted among 60 young adults (male) serving sentences for robbery in a Warsaw prison. These 60 offenders (aged I7 - 20) formed part of a total of 229 young adults convicted of robbery and confined in this Warsaw prison between 1 October, 1966 and 30 November, 1968, with regard to whom details were secured of their criminal records from the age of ten. Of these 229 young persons, whose average age was 18.8, as many as 76 per cent had previous convictions, 58 per cent of them having appeared in juvenile courts and 48 per cent in criminal courts for offenders over 17 years of age. Of those who had appeared in juvenile courts 42 per cent had three or more appearances. The fact that three-quarters of the young adults convicted of robbery in Warsaw are repeated offenders indicates a need to analyze the types of their offences. As regards offences committed as juveniles, these were usually thefts, the proportion of crimes of violence not exceeding 18 per cent. Above the age of seventeen, however, the structure of their offences changes, since 36 per cent involved acts of physical assault and 14 per cent offences with verbal aggression (i.e. slander); offences against property, on the other hand, came to 48 per cent. The young recidivists convicted of robbery differ basically (p < 0.001) from young adults guilty of other offences (previously surveyed by the Department of Criminology) since the majority of the latter (as much as 67 per cent) were offences against property (usually larceny). The above evidence indicates therefore that the problem of aggressiveness requires special attention in studies of robbery offences committed by young adults. A more detailed inquiry was, as has been said, conducted among 60 young adults serving sentences for robbery, of whom 82 per cent had more than one previous conviction. The control group consisted of 43 young recidivists convicted of various offences (chiefly theft) with the exception of robbery. The first point to be made is that the subjects revealed, according to the accounts of their mothers, marked behaviour disorders as early as pre-school age (overactivity and restlessness, stubbornness, etc.). Evidence of such behaviour disorders below the age of seven was found much more frequently among offenders convicted of robbery (61 per cent) than in the control group containing young adult recidivists who had committed other offences (34 per cent). Only 69 per cent of the robbery offenders had completed the seven grades of elementary school, and of these only 12 pet cent had never been kept back a grade, while 24 per cent had fallen back one grade, 39 per cent two grades and 24 per cent three or more grades. This poor progress at school cannot be explained by lower levers of intelligence since 68 per cent of the subjects had normal IQs, 24.5 per cent were dull, 6.2 per cent were on the borderline of mental deficiency and 2 per cent were morons. Among the young robbery offenders (and the young recidivists as well for that matter) there had been frequent cases of truancy (77 per cent) and this had begun at an early age since almost half had got into the habit before the fourth grade. Thefts had been committed by 61 per cent of the subjects below the age of 15. The majority (65 per cent) had no vocational qualifications. Altogether among all the young adult robbery offenders with previous convictions, 16 per, cent had never been gainfully employed, and 49 per cent had jobs for less than half the period they were at liberty after completing their sixteenth year. At the time the robbery was committed, the percentage in employment did not exceed 17 per cent. The subjects spent their time among demoralized peers with whom they drank. The nature of the environment in which they mixed can best be seen from the fact that among the persons who were accomplices to their robberies (almost always young adults or juveniles), as many as 75 per cent had been previously convicted and 60 per cent frequently drank to excess. It should be noted that the young recidivists in the control group convicted of other offences and drawn from persons with a record of theft as juveniles, had made even poorer progress at school than the robbery offenders, had in fewer cases completed elementary school, had more frequently run away from home, had started to steal regularly at an earlier age and had committed many more thefts as juveniles and children. The inquiry found, however, that the robbery offenders had displayed personality disorders at an earlier age and had started to drink younger and done much more drinking at 16 – 17 years of age. The data on the drinking habits of the robbery offenders merit special attention. It was found that only 23 per cent of these young adults drank less frequently than once a week, 55 per cent drank 2-3 times a week, and 22 per cent drank at least four times a week (these figures are certainly not an accurate reflection of the degree of drinking which was undoubtedly even higher). It should be emphasized that 43 per cent of the subjects began to drink wine or spirits at least once a week below the age of 16, and 75 per cent were drinking with the same regularity before their 17th birthday. In the period preceding the robbery a large percentage of the young adults (52 per cent) were drinking large quantities of alcohol at each session (at least 1/4 litre in terms of spirits) 2 - 3 times a week or more. They drank wine or vodka, or both. It should not be forgotten in considering these figures that some 60 per cent of the robbery offenders were only 17-18 years of age. Furthermore 42 per cent of the 17-18 age group had been drinking 2-3 times a week or more for at least two years, and 50 per cent of the 19 -20 age bracket had been doing so for at least three years. A third of the subjects admitted to intoxication at least once or twice a month, and a half recorded that they were inebriated several times a month. A very large majority (c. 80 per cent) were under the influence of alcohol when they committed their robbery. In the psychological inquiries detailed attention was given to the problems of aggression in the case of the young robbery offenders, their level of aggressiveness being determined from the evidence of aggressive behaviour in childhood and later yielded by interviews with both the subjects themselves and their mothers. Ratings of “very aggressive” were scored by 62 per cent of the young robbery offenders. In comparison with the findings of the Department of Criminology study of other samples of juvenile and adult recidivists (not convicted of robbery), it has been found that the robbery offenders do indeed display a greater incidence of aggressive behaviour and score higher in the Buss-Durkee aggression questionnaire. The robbery offenders not qualified as “very aggressive”, (38 per cent) also had occasional acts of aggression in their past career, and 25 per cent of them had even been previously prosecuted for offences containing an element of violence. However, they differed in certain respects from the robbery offenders qualified as “very aggressive”. Among the latter regular drinking was more frequent (p < 0.001) and had begun at an earlier age (p < 0.01), thefts had been more common and the rate of recidivism was greater. Evidence of the presence of such characteristics as overactivity, impulsiveness, etc., in childhood was also more frequent (p < 0.05). In addition they possessed a higher rate of brain damage. Very aggressive robbery offenders more frequently displayed overactivity whereas the non-aggressive offenders tended to have clearly passive personalities (p < 0.02) inclined to let others take the lead. Attention should finally be drawn to the more frequent occurence among the “very aggressive” offenders (in comparison with the remaining young adults convicted of robbery) of certain adverse conditions in their home background. There were many more cases of among these subjects of defective emotional relationships between parents and son (p < 0.01) and more frequent employment of brutal corporal punishment (p < 0.02). These are factors found by various inquiries to be conducive to the development of aggressive attitudes. However, as regards such environmental factors as alcoholic or criminal parents and siblings, no significant differences were found between the backgrounds of the aggressive and non-aggressive robbery offenders. In analysing the problem of aggressiveness the question of brain damage should not be overlooked. In the case of as many as 29 of the sample (49 per cent) there was evidence pointing to such a condition with a high degree of probability. These subjects displayed, it was found, more frequent symptoms of behaviour disorders and social maladjustment such as frequent stealing (p < 0.001), early excessive drinking (p < 0.02), considerable violence (p < 0.001) and more frequent self-aggression (p < 0.02). This multiplication of behaviour disorders among offenders suffering from brain damage points to greater adaptation difficulties further compounded by their home circumstances. Among the whole sample of young robbery offenders there were only 16 per cent who were not found to be subject either to brain damage or decidedly adverse influences at home. The homes of the young robbery offenders present as negative a picture as those of the previously studied recidivists convicted of other offences. Only 57 per cent of the former spent their childhood in unbroken homes. As many as 65 per cent of their fathers regularly drank to excess, and at least 27 per cent of them can be qualified as alcoholics. The percentage of fathers with a criminal record was less than 23 per cent and the majority of these were not persistent offenders. Most of their offences were of a drunk-and-disorderly nature. The subjects’ fathers were by and large persons with a low standard of education and vocational qualifications: only 28 per cent had advanced beyond elementary school, usually to vocational school. Almost all the subjects came from the homes of unskilled or low-skilled labourers. Only a third of their homes were relatively well off. Among a large majority of the fathers (71 per cent) and as much as 45 per cent of the mothers there was evidence of their emotional relationship with their children being inadequate. In the case of 61 per cent of the fathers there was very frequent employment of excessively severe corporal punishment of the subjects. The inquiry also revealed the typical fact that 51 per cent of the brothers of the young adults serving sentences for robbery had (by the time they had completed their tenth birthday) been before the courts and that the same percentage were heavy drinkers. Only in 28 per cent of the homes was there no evidence of frequent excessive drinking and criminal offences by brothers. A comparison of the home environments of the young recidivists convicted of robbery and those convicted of other offences revealed no differences as regards such factors as family structure or alcoholic and criminal parents and siblings (except that the brothers of the robbery offenders had committed more offences of an aggressive nature than the brothers of the persons in the control group). However, marked differences were found in the emotional relationship of parents to children and the practice of severe corporal punishment which was much more frequent in the case of the fathers of the robbery offenders. These are factors which various inquiries have found to be conducive to the formation of aggressive attitudes.

11

Sprawca przestępstwa (zarys problematyki)

76%

Ostrihanska Z.

Archiwum Kryminologii

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1991

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issue XVII

41-74

EN

The paper shows various approaches to the perpetrator of crime, and practical consequences of the specific point of view adopted. The object is not to point to ready solutions or to declare for or against the discussed views, but to give an outline of the variety of problems that concern the person of offender, and to mention the related questions and issues. Discussed have been the general theoretical problems related to the person of offender; psychological problems; those arising from the fact that the offender has been made subject of criminological research; and the problems of the image of offender functioning in public opinion. Whether we formulate criminological theories or adopt definite practical solutions, questions cannot be avoided about the offender as a human being, about his rights, the extent of his freedom and responsibility, his relationship with society, and the limits of a just and permissible intervention in those rights and liberties. The problems mentioned in this relation point to the need for the problems of offender to be considered in a broad philosophical perspective based on a moral reflection. The discussion of psychological problems is focused on two issues. The first of them are the psychological conceptions of man which provide explanations of the offender’s criminal behaviour and lead to conclusions as to the treatment of offenders. Those problems have been exemplified by behaviourist and psychoanalytical ideas and the conception of humanistic psychology. Another important psychological problem is whether the offender’s behaviour that violates the legal norms results from his personality traits or has been conditioned by the situation in which he found himself. Studies point to complexity of this problem and to the fact that both personality and situation influence criminal behaviour. At the same time, some individuals are particularly resistant and others particularly susceptible to situations conducive to that behaviour. There are also situations in which an offence is particularly easily committed. Among them, there are the rapid changes found during great historic events and social transformations, as well as the situations, most and sotimes even extremely difficult, created by socio-political systems. In some offences, situation is a most important factor; in others the offender’s personality plays a greater part. This complexity of the problem should be taken into account when deciding about a given offender in the practical operation of criminal justice. The image of offender obtained in criminological studies of convicted persons is connected with a variety of problems. Some of tchem arise from the very definition of offender. It is a most general notion, related to the legislation in force in a given country at a given moment, and designating perpetrators of a great variety of acts which may result from different situations and psychological mechanisms. A question arises whether a single act, possibly jus an episode, may really constitute a good criterion to distinguish a given individual from others who have not committed such an act: whether that act is an isolated event only or results from the given person’s way of living. What also matters for the picture of a convicted offender obtained in studies is the process of selection to which he had been subjected before the offence was revealed, criminal proceedings instituted, and the offender convicted. A factor essential for that selection, for decisions concerning the offender, and for his readaptation to life in society after release is the stereotype of offender which functions in public opinion. As shown by studies, that stereotype is shaped by fear and the thirst for revenge on a person who is perceived as a threat but at the same time treated as a distant stranger. A condemnation of certain acts makes the Public realize the noxiousness of those acts and shapes moral attitudes. But the condemnation of acts does not have to lead to a similar disapproval of their perpetrators. It is most necessary to conduct criminological research and to provide society with straightforward information about the findings.

12

Sytuacyjne zapobieganie przestępczości

76%

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.

13

Teoretyczne podstawy mediacji między ofiarą a sprawcą przestępstwa

76%

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.

14

The supreme court of Canada and the offender’s right to be transferred to serve his sentence in Canada: interpreting the international transfer of offenders act in light of Canada’s national and international human rights obligations

75%

Mujuzi J. D.

Baltic Journal of Law & Politics

|

2013

|

vol. 6

|

issue 2

102-123

EN

In September 2013 in the case of Divito v Canada (Public Safety and Emergency Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of the Canadian Charter of Rights and Freedoms, the Charter, which grants Canadians the right to enter Canada was violated in a case where the Minister of Public Safety and Emergency Preparedness declined to consent to the transfer of a Canadian citizen to serve his sentence in Canada where the sentencing state had consented to the transfer. Another issue was whether sections 8(1) and 10(1)(a) and 10(2)(a) of the International Transfer of Offenders Act, which granted the Minister the discretion to consent or not to consent to the transfer, were contrary to section 6(1) of the Charter. In resolving the above issues, the Court referred to its earlier jurisprudence, academic publications and international law. Although the Court agreed with the government that the appeal was moot because the appellant had left the USA by the time it was heard, it held that it retained “a residual discretion to decide the merits of a moot appeal if the issues raised are of public importance” and that this case was one of public importance because “[t]he issues are likely to recur in the future and there is some uncertainty resulting from conflicting decisions in the Federal Court.” The purpose of this article is to highlight the interpretative tools invoked by the court and the implications of the judgement.

15

Profiling as a logical form of reasoning in order to solve controversial circumstances on the crime scene

75%

Palcu P., Morostes A. F.

Journal of Legal Studies

|

2016

|

vol. 17

|

issue 31

46-57

EN

While conducting research on the scene or during the entire phase of criminal prosecution, especially for the identification of the authors or settlement of the controversial circumstances, criminal profiling by a forensic psychologist will reduce the circle of suspects, as well as provide assistance in determining possible connections with other crimes and offer to judicial organs sustainable strategies for the solution of the case. In addition to identifying and processing the material traces found on the scene, concern falling strictly within forensics, in the future, efforts against criminality of the third millennium will be oriented towards the interpretation of human behaviour with criminogenic finality.

16

An obligation to remedy damage in connection with an early release on licence

75%

Muszyńska A.

Nowa kodyfikacja prawa karnego

|

2018

|

vol. 47

55-66

EN

The author presents doubts concerning interpretation of numerous legal grounds for remedying damage caused by an offence in the field of criminal law, including imposition of an obligation to remedy damage in connection with early release on licence. Emphasis is placed on problems with their application in judicial practice. The author in principle views the amendments in the scope of compensatory measures as positive, however, she considers the possibility of further amendments, which would lead to more rational legislative solutions.

17

O młodocianym w ujęciu kodeksu karnego

66%

Daniluk P.

Studia Prawnicze

|

2014

|

issue 2 (198)

121-142

EN

The article is devoted to a specific category of offenders i.e. juveniles. Firstly, the legal definition of the juvenile, provided under Art. 115 § 10 of the Criminal Code, is analyzed, making a distinction between the notion of the juvenile and the notion of the minor. Then the grounds for the special treatment of juvenile offenders are examined. A special attention is paid to the presumption of lesser degree of juvenile’s guilt and their susceptibility to be affected, which constitutes a good prospect for their education (reformation, reclamation). Finally, the criteria on the basis of which it is established whether an offender is a juvenile offender or not, are analyzed. A special attention is given to the criterion which states that a juvenile is an offender who has not reached the age of 24 years at the time of the trial in the first instance.

18

Mediacja z udziałem nieletniego sprawcy czynu karalnego

63%

Cwalina M.

Resocjalizacja Polska

|

2012

|

issue 3/2012

253 - 262

PL

Artykuł przedstawia zagadnienia związane z postępowaniem mediacyjnym w sprawach nieletnich w Polsce. Powstał na podstawie autorskiej pracy magisterskiej pt. „Mediacja jako forma ochrony nieletnich przed stygmatyzacją”. Mediacja najczęściej definiowana jest jako dobrowolnie podjęta próba rozwiązania konfliktu i dojścia do porozumienia w kwestii zadośćuczynienia, w obecności bezstronnej i neutralnej osoby mediatora. W przeciwieństwie do organów sądowych głównym założeniem mediacji nie jest wskazanie kto ma rację, ale wypracowanie rozwiązania satysfakcjonującego strony sporu. Podstawowym celem mediacji w sprawach nieletnich, którzy dopuścili się czynu zabronionego jest oddziaływanie wychowawcze i poprawcze w stosunku do nieletniego.

EN

The article describes issues concerning mediatory proceedings regarding juvenile court cases in Poland. It was based on original master’s dissertation entitled “Mediation as a form of protection of the juvenile against stigma”. Mediation is most often defined as a voluntary attempt to resolve the conflict and to reach an agreement as it regards the compensation, in presence of impartial and neutral mediator. By contrast with court cases, mediation’s aim is not to point out who is right, but to find a solution of conflict, satisfactory to all parties. Fundamental aim of mediation within juvenile cases is educational and reformatory influence.

19

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

63%

Van Vu T., Cao O.

Krytyka Prawa. Niezależne studia nad prawem

|

2021

|

vol. 13

|

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.

20

Zabójca z motywów seksualnych.

63%

Hejmej A.

Państwo i Społeczeństwo

|

2015

|

issue 2

99-111

EN

Numerous studies, interviews, observations or probing inquiries and analyses of homicide as a forbidden act allow the investigators to thoroughly distinguish and explore the motives, the personality and the environment of the perpetrator. The act of killing, regardless of the motive, is always conditioned by various factors such as family, upbringing, environment, society, life experiences, diseases, injuries, relations with others, etc. It is, as it can be clearly seen, a wide spectrum, of which the motives and the perpetrator’s functioning in the world constitute only a small part. The motivation is crucially important as it provides us with information about the direct cause of the murder and it allows us to organise the crime of killing into appropriate categories. Homicide can be classified into the following categories based on the type of motive: sexual, economical, emotional and fear factor which is extremely important in the diagnostic process as well as during the stage of making a psychological and personal profile of the perpetrator who killed someone. While analysing the crime, it should be remembered that although we are dealing with people who committed the same kind of crime, it is the different motive that differentiates the offenders both in terms of their personality and in the way they treat their victims. The murder itself is not a spontaneous incident but a lifelong process that might result from the whole range of factors and life situations.

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Statutory Regulations on Electronic Monitoring and Their Actual Application by the Judiciary in Poland

"Yet it is still necessary to struggle for a better world:" Media images of crime in relation to criminal activities in people's democratic Czechoslovakia (1945-1961)

Miejsce sprawiedliwości naprawczej w polskim systemie karnym

Osadzeni z niepełnosprawnością fizyczną — w kierunku diagnozy potrzeb

The Specifics of Electronic Monitoring Implementation in Ukraine

Poglądy studentów prawa na podstawowe instytucje prawa karnego (Wstępne rozpoznanie problemu)

Racjonalność sprawców przestępstw przeciw mieniu – implikacje dla profilaktyki i resocjalizacji

THE PREVENTION AND DETECTION OF PERPETRATORS

Rejestr sprawców przestępstw seksualnych. Uwagi na tle ustawy z dnia 13 maja 2016 r. o przeciwdziałaniu zagrożeniom przestępczością na tle seksualnym

Młodociani sprawcy rozboju

Sprawca przestępstwa (zarys problematyki)

Sytuacyjne zapobieganie przestępczości

Teoretyczne podstawy mediacji między ofiarą a sprawcą przestępstwa

The supreme court of Canada and the offender’s right to be transferred to serve his sentence in Canada: interpreting the international transfer of offenders act in light of Canada’s national and international human rights obligations

Profiling as a logical form of reasoning in order to solve controversial circumstances on the crime scene

An obligation to remedy damage in connection with an early release on licence

O młodocianym w ujęciu kodeksu karnego

Mediacja z udziałem nieletniego sprawcy czynu karalnego

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

Zabójca z motywów seksualnych.