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EN
Nowadays, there is a lot of research regarding two problems. One of them concerns a shaping of an identity in a period of adolescence and another one refers to aggression among young people. Researchers look for conditions of both phenomena in temperamental traits, personality, family, school, and peer environment specification. In the current research, attention was focused on a relationship between identity processes and entering a role of a perpetrator and a victim of aggression. An experimental group consisted of 167 adolescents aged between 16 and 17 years old. The following measurement scales were used: Mini-DIA (The Mini Direct Indirect Aggression Inventory, Österman, Björkqvist, 2008) and DIDS (The Dimensions of Identity Development Scale, Luyckx et al., 2008). The study’s results suggest a similarity in identity processes among girls and boys and a differentiating gender role in entering a role of a perpetrator and a victim. Moreover, there were identified significant relationships between an intensity of identity processes and experiences of a perpetrator and a victim.
EN
Problems of employment of means has been discussed in article in to in accordance with perpetrators of crimes at the nature article of 95a polish penal code sexual indemnifying definite. In my opinion, by perpetrators about disturbed sexual preferences not up to the end forceful means of prevention committing of crime, because that punishment be not play relatively to perpetrators of sexual crimes in such form means important preventive role it indemnifying most often, it be not play in such form means important preventive role indemnifying most often, but degree of relapse is very high in this group of criminal. Find group with psychiatric in delinquent population – psychological point of view hard, relationships of made public psychopathological disturbances will be in which is strongest with constant, for breaking legal order solidified propensities. Conscious agreement of perpetrator of such crime on accession only pharmacological treatment and psychotherapy, as well as creation of condition of their proper practice, desired results can bring only.
EN
The noticeable increase in the importance of consensus in criminal proceedings including cases of petty offences, prompted reflection on the institutions allowing legal proceedings to be terminated without full evidence investigation. Undoubtedly, this simplification affects the pace of legal proceedings, and hence their economy. However, we cannot also overlook its influence on the more efficient implementation of the compensation function of a trial, as well as the greater subjective acceptability of the judicial decision by the parties of legal proceedings. The author of the following paper analyzes institutions of consensual resolving of disputes in legal proceedings concerning petty offences, pointing to the pros and cons of applying such a solution.
EN
A frequent reason for women remaining in harmful, abusive relationships is mainly fear of revenge, losing children, sense of guilt and erroneous conviction on abuse. Financial dependence and a lack of familiarity with forms of assistance and available support force a woman to remain in a disordered relationship, sometimes running afoul of the law. Sometimes it is the case that during yet another bout of abuse they reach for any object at hand and give a fatal blow to their torturer-the worst and at the same time the saddest scenario. Both options result in “the end” of one suffering-experiencing violence and the onset of another one related to serving a custodial sentence. In this article I would like to signal that some life paths combine those two awful experiences implying an absence of support of the immediate environment as well as of institutional support by entities whose responsibility it is to provide help.
EN
In the modern world we are observing more and more new threats to the proper functioning of the family. One of them, which is not new, but rather intensified and more and more perceived in the social space, is devoted to this article. Domestic violence, because this is the case, is undoubtedly the worst type of violence and the most harmful, because it is experienced from the closest people who we should receive love, goodness and understanding. The article presents the complexity of the problem of intra-family violence. It presents the concept of violence, the form of harm and its influence on the functioning of the family. The issues are related to the process of counteracting domestic violence are pointed out, the forms of helping victims of violence by social organizations and therapeutic centers, as well as actions against perpetrators of domestic violence are emphasized. It also shows the scale of domestic violence which occurs, and an analysis of the assistance activity provided in 2015–2018 in Przemyśl district, which was based on reports of institutions helping victims and perpetrators of domestic violence. We should consider what needs to be changed to better protect families against violence and reduce its scale. Domestic violence is a big problem and a threat to the proper functioning of the family, so coherent actions of different institutions are needed to achieve the intended goal.
EN
Article concerns the issue of trace as a part of investigation, its importance for detecting crime and perpetrators. since the middle of 20th century, the palynological technique became a valuable source of information. For these reasons, the paper focuses mainly on the judicial (forensic) palynology. Briefly the phenomenon of pollen and spores spectrum is presented, ways of its’ analysis, the value of obtained results and the scope of application. Examples of inquiry and judicial practices are given, although not only limited to the usefulness of palynology in investigations. In addition, scientific methods of palynology and the verification procedure are indicated.
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2017
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vol. 41
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issue 3
107-114
EN
The aim of the article is to present the Nazi reality and its propaganda as seen through the eyes of Bruno – the hero of the novel John Boyne’s The Boy in the Striped Pyjamas. The narrative shown from the perspective of a child reveals, in a unique way, the mechanics of demagogy and manipulation used by the Nazi propaganda. The symbolic fence between Bruno, the son of the concentration camp commandant, and a Jewish boy of the same age named Schmul, becomes the main theme of the novel. The story of the novel reveals the entanglement of the children in the workings of the history. Such a story construction is a starting point for the author of the article for the analysis of the complexity of propaganda measures and their influence on a young person, mainly in the affective, intellectual and social dimensions. The analysis involves not only the linguistic layer of the novel, but also the topography of the place and the characteristic use of Nazi symbols.
EN
The penal measure of a prohibition on being in certain communities and locations, on contacting certain individuals or on approaching certain individuals or on leaving a specific place of residence without the court’s consent, evidently restricts the liberty of a person sentenced. The said restriction most of all serves to implement the preventative function of penal law, particularly the protection of the victim against the repeat victimisation. At the same time, however, implementing this measure interferes with the victim’s life. Insofar as the restriction of the perpetrator’s liberty is in this case fully justified, ignoring the opinion of the victim in decision-making process pertaining to implementation of the discussed legal measure does not meet the constitutional criterion of proportionality.
EN
The purpose of this article is to present results of an examination of judicial records of cases relating to the article 200 of Criminal Code in two judicial districts. It is essential to construct a profile of a perpetrator and a profile of a victim of this offense, particularly in those cases committed by young people. Also, if possible, to answer a question whether the present legal regulation is adequate to control minors’ sexual activity. Interesting issues are the age difference between the perpetrator and the victim, the existence (or not) of some close relation between them, and also the impact of those factors on the decision of a court. Equally important are reasons of reporting the cases to law enforcement, the basis for initiation of criminal proceedings and final sentences. The objective of this study was also to check whether the reduction of age of consent or the introduction of “close in age exception” would reduce the number of convicted young offenders, who were participants of consensual sexual relations with minors under 15 years old. The analysis of data obtained is carried out in the context of socio-cultural acceptance of sexual behavior of youth, legal regulations of protection of their reproductive health, the impact of media and information technologies, as well as the history of childhood and perception of children’s sexuality. Non-criminal-law factors have very significant impact on the knowledge young people have, on the sexual needs they have, and finally implementation of those in everyday life. This study is part of the doctoral thesis analyzing the problem of sexual offenses committed by or against minors, partly illustrating the phenomenon and the problems arising from the criminal law regulations of sexual behavior of young people. This research is not representative for the whole country, because of the limited geographical scope, but allows to draw relevant conclusions and confirm or deny previously constructed hypotheses. It is also possible to prediagnose emerging problems and to present the potential legal solutions, currently existing in other countries, both in Europe and worldwide.
12
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Zabójca z motywów seksualnych.

63%
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.
EN
This study is about the crime scene as a valuable source of information about modus operandi, motives and characteristics of the perpetrator of the homicide crime. Based on Polish and foreign literature, the author made attempts to present various concepts of the perception of the crime scene in the criminal profiling process, as well as to indicate the key elements of the behavior of the perpetrator of the homicide resulting from the manner of proceeding, which can be interpreted from the crime scene. The study also presents the basic assumptions regarding the construction of criminal profiles of unknown perpetrators of homicides, with particular emphasis on the dichotomous concept of division into organised and disorganised perpetrators and the possibility of making other conclusions as to the psychophysical characteristics of the perpetrators of homicides. Thus, it is a form of universal presentation of the problem and may be of interest, in particular, to law practitioners.
PL
Niniejsze opracowanie traktuje o miejscu zdarzenia jako cennym źródle informacji na temat sposobu działania, motywów oraz cech charakterystycznych sprawcy przestępstwa zabójstwa. Celem jest przedstawienie różnych koncepcji postrzegania miejsca zdarzenia w rozumieniu kryminalistycznym oraz wskazanie kluczowych dla procesu profilowania kryminalnego elementów zachowania sprawcy zabójstwa, dających się wyinterpretować z miejsca zdarzenia i umożliwiających wnioskowanie o cechach go wyróżniających. Powyższe zostało dokonane w oparciu o literaturę polską i zagraniczną. W artykule przedstawiono również podstawowe założenia dotyczące konstruowania profili kryminalnych nieznanych sprawców zabójstw, ze szczególnym uwzględnieniem dychotomicznej koncepcji podziału na sprawców zorganizowanych i zdezorganizowanych oraz możliwości dokonywania innych wnioskowań co do cech psychofizycznych sprawców zabójstw. Tym samym artykuł stanowi formę uniwersalnego przedstawienia problemu i może być przedmiotem zainteresowania w szczególności praktyków prawa.
PL
Artykuł porusza rzadko analizowaną w doktrynie prawa karnego i orzecznictwie sądowym kwestię istoty zasady subiektywizacji odpowiedzialności karnej. Podstawowym celem rozważań jest próba odpowiedzi na pytanie czy zasada subiektywizacji, określana jako jedna z fundamentalnych zasad prawa karnego, może być utożsamiana z zasadą winy. Na potrzeby rozważań zawartych w artykule koniecznym było ustalenie istoty zawinienia i określenie, czy w strukturze przestępstwa występują inne niż związane z winą elementy mające znacznie dla subiektywizacji odpowiedzialności. Niezbędne było także ustalenie, czy wszystkie przesłanki zawinienia zawsze odnoszą się wyłącznie do kwestii związanych z subiektywizacją.
EN
The article refers to the issue of the principle of subjectification of penal liability, rarely analyzed in the doctrine of penal law and judicial decisions. The main purpose of the discussion is to try to answer the question whether the principle of subjectivization, defined as one of the fundamental principles of penal law, can be equated with the principle of guilt. For the purposes of the considerations contained in the article, it was necessary to determine the essence of the guilt and determine whether the structure of the offence contains elements other than guilt related to the subjectification of liability. It was also necessary to determine whether all premises of guilt always relate solely to issues related to subjectivization.
EN
Nowadays, there is a lot of research regarding two problems. One of them concerns a shaping of an identity in a period of adolescence and another one refers to aggression among young people. Researchers look for conditions of both phenomena in temperamental traits, personality, family, school, and peer environment specification. In the current research, attention was focused on a relationship between identity processes and entering a role of a perpetrator and a victim of aggression. An experimental group consisted of 167 adolescents aged between 16 and 17 years old. The following measurement scales were used: Mini-DIA (The Mini Direct Indirect Aggression Inventory, Österman, Björkqvist, 2008) and DIDS (The Dimensions of Identity Development Scale, Luyckx et al., 2008). The study’s results suggest a similarity in identity processes among girls and boys and a differentiating gender role in entering a role of a perpetrator and a victim. Moreover, there were identified significant relationships between an intensity of identity processes and experiences of a perpetrator and a victim.
PL
Współcześnie prowadzi się wiele badań nad dwoma problemami, z których jeden dotyczy kształtowania się tożsamości w okresie adolescencji, a drugi – agresji wśród młodych ludzi. Badacze poszukują uwarunkowań obu fenomenów wśród cech temperamentu, osobowości, specyfiki środowiska rodzinnego, szkolnego bądź rówieśniczego. W badaniach własnych uwagę skoncentrowano na związku pomiędzy procesami tożsamościowymi i wchodzeniem w rolę sprawcy i ofiary agresji. W grupie badanej było 167 adolescentów w wieku 16–17 lat. W badaniach wykorzystano dwa narzędzia: Mini-DIA (The Mini Direct Indirect Aggression Inventory, Österman, Björkqvist, 2008) oraz Skalę Rozwoju Wymiarów Tożsamości DIDS (The Dimensions of Identity Development Scale, Luyckx i in., 2008). Rezultaty badań wskazują na podobieństwo w przebiegu procesów tożsamościowych u dziewcząt i chłopców oraz na różnicującą rolę czynnika płci w podejmowaniu roli sprawcy i ofiary. Ponadto rozpoznano istotne związki między nasileniem procesów tożsamościowych a doświadczeniami sprawcy i ofiary agresji.
PL
W badaniach prezentowanych w artykule poszukiwano róźnic w atrybucjach przyczynowych i zachowaniach zaradczych sprawców krzywd wyrządzanych partnerom relacji wspólnotowych i opartych na wymianie. Celem badań była też eksploracja związku rodzaju zachowań zaradczych z wartościowaniem ofiary. Uczestnicy badania zostali w sposób losowy podzieleni na cztery grupy i przypominali sobie oraz opisywali zdarzenie z przeszłości, w którym wyrządzili krzywdę: (1) partnerowi bliskiego związku albo (2) własnemu dziecku, albo (3) podwładnemu, albo (4) znajomemu, a następnie wypełniali kwestionariusz dotyczący opisanego zdarzenia i szacowali cechy „ofiary” na kilkunastu skalach atrakcyjności. Najwyższy poziom odpowiedzialnożci i winy przypisali sobie krzywdzący partnerzy bliskich związków, najniszy przełoeni, a redni – rodzice i znajomi. Działania naprawcze (tutaj: różne formy przeprosin) najczęściej podejmowali partnerzy, znacząco rzadziej rodzice i znajomi, a najrzadziej przełożeni. Nasilenie usprawiedliwień i wymówek w wymienionych relacjach było niemal dokładnie odwrotne. Prawdopodobnym mechanizmem ujawnionego zróżnicowania reakcji sprawcy krzywdy „po fakcie” w porównywanych relacjach (bardziej wyrazistego u mężczyzn niż u kobiet) jest rola społeczna, jaką jest on związany z ofiarą. Z roli tej wynika między innymi ważność motywu afiliacji i władzy w regulacji kontaktów z partnerem. Uwypuklenie motywu afiliacji sprzyja działaniom naprawczym, natomiast uwypuklenie motywu władzy zdaje się hamować takie działania i zarazem nasilać skłonność do przywracania sprawiedliwości psychologicznej – stosowania usprawiedliwień i wymówek. Badania ujawniły współwystępowanie usprawiedliwień i wymówek ze skłonnością do pomniejszania wartości ofiary, co jest zgodne z przewidywaniami opartymi na koncepcji dysonansu poznawczego.
XX
The study investigated whether the kind of relationship between the perpetrator and the victim has an impact on perpetrator’s behavior (attribution, remedial actions) after having caused harm. The aim of the research was also to check if there exists any correlation of such reactions (e.g. self-blame, excuse) with posterior victim assessment. Four kinds of social relationships were examined: parent-child, romantic partners, superior-subordinate, and acquaintances. Participants were asked to describe an event in which a certain person (indicated in the questionnaire) felt harmed by them and their own reactions to that event. They also estimated the victim’s features on several attractiveness scales. The results show that the level of blame and responsibility attributed to themselves was the highest in the case of guilty partners in close relationships, the lowest in the case of superiors, and medium in the case of parents and acquaintances. Remedial actions are most often taken by romantic partners, much less often by parents and acquaintances, and most rarely by superiors. The frequency pattern for excuses and justifications was nearly exactly the opposite. One of the possible explanations of the results refers to the combined effect of affiliation and power motives that influence perpetrator’s reactions and substantially vary across different types of social relations. The presented data also indicates that victim devaluation might be considered as a coping strategy used by the perpetrator.
EN
The problem of offences against economy, where the value of misappropriated property exceeds 100,000 zlotys, is a particular criminological problem. The peculiar character of this type of crime results from the fact, firstly, that a new type of property - that is social property - comes into question, and secondly, that the category of perpetrators of such offences has not yet been closely studied nor described.  Though the property discussed here is called “social” - in the social consciousness the opinion has fixed itself that, managed , by the State officials, it is a property of the State, alienated, “belonging to nobody” and not to all of the citizens. On account of this, the moral norm “thou shalt not steal” assented to by a large majority of the Polish society, does not apply to this kind of property to the same degree as to private property owned by a definite person. The persons guilty of misappropriation of social’ property of a considerable and great value (that is, over 100,000 zlotys) frequently enjoy a reputation of good specialists, efficient organizers and friendly colleagues. Taking advantage of the others’ trust in them, they appropriate the property under their control in the course of their duties for the protection of which they are responsible. In the present study, one fundamental problem is formulated: what are the characteristics of persons convicted of misappropriation of social property of a considerable value, what are the most frequent motives of their offences and the circumstances of committing them. To find the answers to the above questions, the criminological-psychological examination whose sentenced had become valid in 1969 and 1970 for misappropriation of social property of a value exceeding 100,000 zlotys, to the detriment of the institutions they worked in, where they were responsible for protection of this property. The study represents the social and demographic characterization of 100 perpetrators of misappropriation of property, based on the analysis of court files and records concerning their financial standing. The second part of the study includes a psychological characteristics elaborated on the grounds of detailed individual psychological examination. 54 persons of the 100 whose files had been analysed were included in the psychological examination, as it was for many reasons impossible to reach all of the offenders. The following statements based on the social and demographic data are worthy of attention: - In the group of persons guilty of misappropriation of property of a considerable and great value, the percentage of women is much higher than in the entire population of the convicted offenders. In 1970, women constituted 11% of all persons aged 21- 65, whose sentences had become valid, while the percentage of women in the group under scrutiny was 34%. - The age of the offenders varied greatly (21-65), while the majority were aged 41-50. - The level of education of the offenders, with those with over elementary education prevailing (59%), was somewhat higher than that of all employees in national economy. - The type of job of the offenders was closely connected with their sex. Women are mainly employed in book-keeping departments, while men worked in purchasing centres and warehouses. 41% of Women and 56% of men occupied executive posts, which where, however, of lower grade, for example head of department. - As regards such demographic variables as social background, place of birth and residence, duration of work etc., the offenders did not differ significantly from the  population of non-offenders. - The analysis of a family situation reveals no differences between the offenders at the time of apprehension and the entire population. The majority of them were married and had usually one or two children. A detailed analysis of the records concerning the financial standing of the offenders in the period of commission of the offence revealed their financial situation, as measured by their monthly wages and the budget per 1 person to be as follows: - Te mean wage of the whale of the offenders were 105% of the mean country wage. - Income per 1 person in the household (properly calculated in relation to 1970) was 400-2065 zlotys. In the group of offenders with 4-person household, the mean income per 1 person was 1056 zlotys, that is, approximately the social minimum. In the group of offenders whose household are more numerous, the income in question was 446-804 zlotys and was thus below the social minimum. The delinquency of the persons examined was as follows: - Among the group of 100 persons, there were 16% previously convicted for various offences, including only 1 person convicted for an offence against property. There were no former juvenile delinquents among the persons under scrutiny. - The misappropriation of social property was committed single-handed  (54%) or in co-operation with other persons (46%). There existed a correlation between the form of commission of the offence and the type of job. Also the way in which the offence had been committed was related to the type of job. - The duration of criminal activities varied from 1 month to 15 years, the mean duration being 3 years 7 months. - The value of the property misappropriated by the offenders in 65% met the criteria of considerable value (over 100,000 to 200,000 zlotys) and in 35% - that of great value (over 200,000 zlotys). - The offenders had been sentenced for the misappropriation of property to 5 - 15 years of imprisonment (mean 8 - 10 years) and to fines of 50- 300 thousand zlotys. Individual investigation which was a basis for psychological characteristics of the persons was carried on in prisons. The mean period of the hitherto isolation was 2 years. Information obtained in the present study as to the family background of the offenders, their life stories, education and professional work, excessive drinking etc., clearly differentiate this population amongst other groups of offenders as described in other studies. There were no persons with criminal records among the parents and siblings of the offenders, as well as those excessively drinking or shirking work. Likewise, no distinct disturbances in the family situation of the offenders, in the period preceding apprehension in prison, were found. A majority of them were married and performed their family duties properly. The percentage of men who could be recognized as excessively drinking, was comparatively low among the examined persons. -  The results of the intelligence test by means of the Wechsler-Bellevue Scale indicate no cases of lowered intelligence among the examined offenders. Mean IQ of the entire group was 116, that is over the average. The Eysenck's Personality Inventory revealed only small differences between the offenders and the control group derived from the population of Poland as regards the intensity of neurotism and extroversion. There was indeed lower intensity of extroversion among the men. Thus the obtained results did not confirm Eysenck's hypothesis that offenders were recruited from extrovertive neurotics. - As indicated by the accounts of the offenders as to the motives of committing the offence, nearly half of them were induced or even forced to commit it by their co-workers. Those who had initiated an offence were determined by a desire to get money they needed for amenities or to improve the living standards of their families, while the persons induced or forced to commit the offence were led first of all by the fear of losing their jobs. - Before they started their delinquent activity, the majority of the offenders had reflected on the possible consequences of their demeanour. They estimated the chances of avoiding penalty rather high, on the basis of their own professional experience, the acquaintance with their associates and the methods of supervision accepted in their places of employment. The circumstances that determined the fact that people similar to average non-criminal citizens in many respects, committed an offence, were as follows: on the one hand, a low in degree of internalization of the norm which prohibits stealing social property, accompanied by a strong “temptation” , and on the other hand, an estimation of high probability of avoiding awkward consequences, which resulted from: defective system of supervision, poor organization of work, uneconomical management, the climate of solidarity and tolerance towards the perpetrators of petty misappropriation of social property, and disorder in many institutions.
19
51%
PL
The Act of 20 February 2015 amending the Penal Code and certain other acts introduced a completely new model of protective measures (środki zabezpieczające). The article contains a critical analysis of the principles that lay at the foundation of the legislator’s move to create the current solutions, namely wide application of non-custodial protective measures, execution of those measures only after the execution of the imprisonment sentence and application of protective measures to convicts sentenced to non-custodial punishment. The author also analyses the consequences of applying these principles in particular provisions and the controversy concerning the compliance of the new normative solutions with the Constitution. The author also points to the doubts whether the advantages of extending the application of protective measures will balance the weakening of the guaranteeing function of criminal law.
EN
The article deals with the issue of cyberbullying as an increasingly common phenomenon due to easy access to modern information and communication technologies, also among children and adolescents. The misconception that you are anonymous and unpunished on the web causes a series of behaviors that are indecent, obscene and often against the law. However, it turns out that victims of cyberbullying are protected by law, and cybercriminals bear the consequences for their actions. This situation is, however, the last resort, which is why prevention and awareness of even the youngest children is so important, because the effects of cyberbullying can be enormous, manifesting in problems of an emotional and psychological nature, and even more serious, leading to exclusion, depression and suicide.
PL
Artykuł podejmuje problematykę cyberprzemocy jako zjawiska coraz bardziej powszechnego, ze względu na łatwy dostęp do nowoczesnych technologii informacyjnych i komunikacyjnych, również wśród dzieci i młodzieży. Mylne wyobrażenie, że w sieci jest się anonimowym i bezkarnym, powoduje szereg zachowań, które są nieprzyzwoite, obsceniczne i często niezgodne z obowiązującym prawem. Okazuje się jednak, że ofiary cyberprzemocy są chronione przez prawo, a cyberprzestępcy ponoszą konsekwencje za swoje czyny. Taka sytuacja to jednak ostateczność, dlatego tak ważna jest profilaktyka i uświadamianie nawet najmłodszych dzieci, gdyż skutki cyberprzemocy mogą być ogromne, przejawiające się w problemach natury emocjonalnej i psychicznej, a nawet poważniejsze, prowadzące do wykluczenia, depresji i samobójstw.
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