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„Poena sine lege” - czyny chuligańskie w orzecznictwie Komisji Specjalnej do Walki z Nadużyciami i Szkodnictwem Gospodarczym (1951–1954)

100%

Zaćmiński A.

Dzieje Najnowsze

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2016

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vol. 48

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issue 1

PL

„Poena sine lege” - Hooligan Misdemeanours in the Adjudication of the Special Commission to Combat Embezzlement and Economic Sabotage (1951–1954)At the turn of the 1940s daily life in Stalinist Poland disclosed a growing phenomenon known as hooliganism, reflected in the press propaganda and statements made by politicians and lawyers. In November 1951 this topic became omnipresent in public discourse and the activity of the administration of justice. The article intends to present the adjudication of the Special Commission to Combat Embezzlement and Economic Sabotage, pertaining to misdeeds regarded as hooliganism. In view of the fact that in the 1949–1955 period both propaganda and the adjudication of the administration of justice applied the term: ”hooliganism” in a wholly arbitrary manner by using general criteria, it became necessary to depict its interdisciplinary systemic dimension as well as the propaganda, political, and legal struggle waged against it. The above–mentioned methodological and factual operation was indispensable since without its analysis it would be difficult to describe the mechanisms of the penalisation of hooliganism by the Special Commission, which in 1951–1954 sentenced for this “crime” 10 684 persons to labour camps, and fined 1 580 perpetrators. The Special Commission adjudication concerning hooliganism encompassed an extensive gamut of conduct (misdemeanours) treated not only in legal categories but also in social and political ones. Their classification was determined by the context of the committed ”crime” or misdemeanour. The adjudication praxis of the Special Commission demonstrates that incriminated hooliganism could be divided according to an adjective criterion into: “political”, “social” and “class”, i.e. crimes against life, health and property.

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O kontroli chuligaństwa futbolowego w Polsce ze szczególnym uwzględnieniem sytuacyjnej prewencji uwag kilka

81%

Drzazga E.

Archiwum Kryminologii

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2013

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issue XXXV

193-212

EN

The development of international measures of football hooliganism control has been proceeding along several paths and included a number of different aspects of broadly understood control over the phenomenon. One can define 4 periods differing in the football hooliganism control paradigms applied: the first period - stretching from 1960s to 1985, second - between 1985 and 1997, third - 1997 to 2000 and fourth - from 2000 up to the present day. Consider-ing the issue of situational prevention of football hooliganism, control measures could be divided into two groups, or levels. The first level was mostly concerned with 'hard' means, i.e. such based on activities that rendered breaking the law or upsetting the public order more challenging. This was done with simple techniques of isolating opposing groups of supporters from each other by police cordons, fencing out sections of stadiums, putting up barriers, or 'cages' for visiting fans. Other popular 'hard' means aimed at increasing the perpetrator's risk of being subject to negative consequences, which mostly meant intensified police presence at a stadium. The progression to level 2 control was triggered by results brought by research on crowd management techniques conducted after the 2000 European Championship. The new trend involved gradual balancing out the 'hard' and 'soft' means, the latter having the purpose of limiting provocation and excuses (promoting the atmosphere of a joyful festival at football events, avoiding 'arming' and confrontation by security personnel, employment of surveillance and emergency services, etc.). A comparison of the ways in which football hooliganism situational prevention developed with the integrated model of situational crime prevention brings an interesting insight into the effectiveness of the new situational trend, which is a method broadly employed in Western Europe to counter football hooliganism. According to R. Wortley, while the notion of opportunity reduction assumes that there already is an offender who is motivated or at least ambivalent and ready to commit a crime, the fact is that motivation to commit a crime may occur as a result of particular situational factors. Wortley defined 4 types of factors motivating a perpetrator to commit a crime, or the so-called precipitators: prompts, pressures, permissibility, and provocations. The integrated concept of situational prevention discussed in the article is a merger of the traditional methods of limiting crime opportunities, or the so-called 'hard' means, with a complementary set of techniques minimizing other situational factors proposed by R. Wortley, i.e. 'soft' means. D.B. Cornish and R.V. Clarke proposed a combination of the two approaches, which resulted in vastly broadened array of situational crime prevention techniques.

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Chuligaństwo stadionowe jako samodzielne zjawisko społeczne i przedmiot regulacji prawnych. Zarys problematyki

71%

Sochacka J.

Archiwum Kryminologii

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2010

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issue XXXII

223-248

EN

The current form of the phenomenon termed stadium hooliganism differs substantially to the form characteristic of 1960-1970s, and even 1980s. This is, on one hand, a result of change in deviant behaviour of spectators, on the other hand a result of material change in what behaviours are labelled, and thus controlled, by the state. While initially hooliganism consisted in acts of violence and vandalism on stadiums and in their immediate vicinity, deviant behaviours of spectators fundamentally changed with time. Re-design of stadiums, introduction of exclusively numbered seats and tickets, spectator video surveillance, ticket sale control systems, and many other technical measures to eliminate the sense of anonymity in the football fans – along with extension of the catalogue of football-related behaviours which are criminalised – resulted in relative safety of European, and to less extent Polish, stadiums. This resulted in transfer of deviant behaviour of spectators outside stadiums. At present, two types of behaviours are commonly considered in relation to stadium hooliganism. First, all deviant behaviours of (some) spectators manifested on the stadium or in its immediate vicinity in strict temporal and spatial relation to a match. Second, all other deviant behaviours of (some) spectators manifested outside stadiums and in less and less strict temporal, emotional and spatial relation to a sport event. Until 1985 penal policy towards stadium hooliganism – on the tier of national regulations, international cooperation, legal acts by European organs and UEFA – was surprisingly uniform in perception of the phenomenon as a social problem which does not require any particular methods or measure of control and which does not require any particular legislation. 1985 was a turning point as far as legal position of the phenomenon is concerned. Accepting in Strasbourg on 19 August 1985 the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches by Council of Europe initiated an entirely new approach to the policy of prevention of the phenomenon. Since 1985, legal acts concerning stadium hooliganism have been passed both on national and international level. Stadium hooliganism was termed a serious social problem in the area of public order solution of which requires introduction and implementation of particular legal regulations and particular methods of supervision and control. Including stadium hooliganism into the category of social phenomena which carry a risk for functioning of the society as a whole, such as terrorism, delinquency of immigrants, juvenile delinquency or drug addiction is an effect of wider transformations in European penal policy which have been present since the end of 1970s. This is related to emergence of strong tendencies towards politicisation of internal security issues at the time.

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Środek karny zakazu wstępu na imprezę masową w systemie prawa karnego

71%

Melezini M., Sakowicz A.

Archiwum Kryminologii

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2010

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issue XXXII

249-274

EN

The publication discusses the nature, premises, and methods of sentencing a penal measure consisting in prohibition of entry to mass events. The first part shows legal solutions accepted in the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches accepted on 19 August 1985 by Council of Europe. It is recognised at one of the most important international documents providing for the fight with stadium hooliganism. Although the Convention’s aim is to prevent and control incidents by football spectators, provisions of the Convention apply also to other disciplines which might posit the risk of acts of violence and incidents by spectators (article 1 paragraph 12 of the Convention). Subsequently, there follows an analysis of legal solutions accepted in the current Act of 20 march 2009 on Mass Events Safety and the former Act of 22 January 1997 on Mass Events Safety. In particular, the focus was placed on the evolution of the prohibition of entry to a mass event and the definition of a legal mass event which at present is no longer based on the number of participants predicted by the organiser but on the number of places made available by the organiser. It is a result of common malpractice practice of organisers who used to omit the requirements by declaring less people than were actually expected. 2. Second part of the publication presents statistical data concerning contraventions related to mass sport events between 1999 and 2009 in Poland. The data show that there is a decreasing tendency in mass contraventions and hooligan incidents. At the same time, the data bring the conclusion that most hooligan incidents were committed during mass events. This may prove that objects where such events are organised are still ill-equipped but also that the organisers fail to observe their duties, imposed on them by the Act on Mass Events Safety. This part of publication also drafts a profile of the perpetrators of hooligan events. The study shows they are unmarried males between 15 and 25 with primary or secondary education and without a previous criminal record. 3. Part three of the publication is an analysis of normative solutions of the penal measure consisting in prohibition of entry to mass events. It includes provisions of Criminal Code, Petty Offences Code and Act of 20 march 2009 on Mass Events Safety. The analysis brings a conclusion that introduction of mass entry event ban served the purpose of increasing the safety of mass events and excluding persons who posit a risk to said safety. Thus, introduction of such legal solution to Polish law should be undisputable. Doubts can be raised only if particular solutions are examined, for instance the interpretation of “personal appearance” in a police station during a mass event.

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Grupy nieletnich przestępców

51%

Pawełczyńska A.

Archiwum Kryminologii

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1960

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issue I

113-163

EN

In the years 1953 to 1955 the Department of Criminology of the Institute of Legal Sciences carried out research on gangs of juvenile delinquents; it was a matter of the offences committed by three or more boys aged up to 17 who formed gangs of offenders. At the Warsaw Juvenile Court the records of 716 juveniles who had, during the period in question; participated in 181 crime-committing gangs, have been investigated. Out of this material detailed investigation has been carried out on 50 groups, comprising 215 juveniles. Such detailed investigation comprised environment interviews in the family home, comprehensive conversations with the mothers, interviews at the schools, psychological examination of the minors themselves (part of them were also examined by a physician) and talks with the juveniles, who were investigated in detail from the point of view of the problem of gangs. Apart from the research carried out in Warsaw, 74 gangs comprising 309 juvenile offenders were investigated at the Juvenile Courts in the following provincial cities: Łódź, Katowice, Cracow, and Bialystok. The research dealt with all the gangs of juvenile offenders whose cases came before the above-mentioned four Juvenile Courts in the first six months of 1954. Such research has been carried out by the Judges of the Juvenile courts themselves, according to a special questionnaire; and consisted in the juveniles giving detailed evidence concerning circumstances such as participation in the gangs, in talks with the mothers, and environment interviews (with part of the cases also psychological examination was carried out). The basic material for the present, contribution are the 50 Warsaw and the 74 provincial gangs, all of them investigated in detail. 1. Out of a total of 255 gangs investigated (181 gangs investigated on the basis of judicial record and 124 gangs investigated in detail) there were: a) 113 gangs systematically committing thefts. b) 36 gangs committing either thefts or else deeds consisting in aggressively accosting or beating up (whether boys of their own age or older persons), in destroying property and in disturbing public peace. These are so-called acts of hooliganism. c) 24 gangs committing only acts of a hooligan character mentioned above. Finally, out of the 255 gangs investigated 82 gangs were selected which had committed only one theft, and the majority of which cannot be considered to be offender gangs because of the lack of any real bond between the members of such gangs. The age of the members of the offender gangs was as follows: 17.3 per cent of the boys were under 10 years of age. 34.6 per cent were from 11 to 12. 31 per cent were from 13 to 14. 17.1 per cent were from 15 to 17. The percentages in the several types of gangs are, in principle, rather similar. In the gangs which systematically committed thefts a bigger span between the ages of the members was found than in the other types of gangs. While in the remaining types of gangs the juveniles are usually of the same age, or else the difference of age between them amounts to from one to two years, in the gangs which systematically commit thefts, in 37 per cent of the cases the difference of age amounts to more than three years. As far as the number of members of whom a gang was composed is concerned, detailed investigation has established the fact that gangs numbering from three to four members amounted merely to 16 per cent, while gangs composed of six and more members were as many as 64 per cent (gangs of ten and more members were 22 per cent), It ought to be stressed that the actual number of members of a gang was not known to the Court; in the records the number of members of such an offender gang was, as a rule, considerably smaller. 2. The data concerning the home environment of the members of the gangs under investigation, their way of life and personality look more or less similarly as those concerning juvenile recidivists whose cases are discussed in the same volume of the Archives, and this is why we do not discuss these data in detail here. It is worth noting that a bad material situation of the families was more frequent in the case of the juveniles belonging to the gangs which went in for systematic thefts than with the other types of gangs: there were 60 per cent of such cases, while e.g. with the members of hooligan gangs the same situation was found in a mere 21 per cent. In the gangs which went in for systematic thefts there were more juveniles who hailed from homes where the family life had altogether gone to pieces. They were families in which an accumulation of such factors as the alcoholism of the fathers, continual brawls in the home, delinquency, etc., was found. In 66.6 per cent of the gangs which went in for systematical stealing all their members came just from such families, while e.g. in 45 per cent of the hooligan gangs all their members carne from families in which no decay of the family was found. Similarly, the number of children deprived of parental control at home was the largest among the members of the gangs which went in for systematic stealing. On the other hand, a bad attitude of the parents towards their child was more frequently found among the members of hooligan gangs than in the other types of gangs. The percentage of fathers who treated their children brutally was also highest here. 3. With offender gangs it is a matter of great importance whether the members of such gangs had committed criminal offences prior to their starting criminal their activities in gangs. In the areas of the several Juvenile Courts the percentage of juveniles who had previously been committing offences amounted to from 30.3 per cent to 52.6 per cent. The largest number of juveniles who had been committing crimes before, and consequently brought a considerable degree of depravation with them into the gangs belongs to the hooligan-and-stealing gangs (62.4 per cent) and to the gangs which go in for systematic thefts (42.4 per cent). On the other hand, the percentage of recidivists is low in the hooligan gangs and in those gangs which committed theft but once. Thefts constitute 76.7 per cent of the total of the offences committed previously, thefts together with hooligan acts - 14 per cent, and hooligan offences alone - only 9.3 per cent. Prior to their joining the gang, the boys stole mostly small sums of money, and' in the next place, food and sweets. Thefts of intoxicating liquor appear more frequently than with other types with those juveniles who later on joined hooligan gangs. At the time of making our investigations, the juveniles who acted in delinquent gangs had already gone astray considerably, and their way of life was almost entirely disorganized. 4. The data concerning the origin of the gangs show that: 40 per cent of the gangs arose owing to contacts between boys who lived in the neighborhood; 32 per cent of them arose partly owing to neighbourly contacts, and partly owing to acquaintance struck at school; 15 per cent of the gangs arose as a result of boys meeting in the street, in public parks, at the cinema, in various places of public entertainment; 9 per cent of the groups were composed of boys who had met only at school; 4 per cent of the gangs were composed of boys who had come near each other during escapes from home or a correctional institution. The large majority of the gangs which arose owing to neighborhood and school contacts consists of stealing gangs. The picture is altogether different in the case of gangs which arose in places of common entertainment. Here the majority consists of hooligan gangs mostly formed by older boys. The period of activity of such a gang down to the moment of it committing its first offence is mostly very brief. The mechanism of the formation of such criminal gangs also varied: the boys, as a rule, at first formed groups just with the view to having good time. The transformation of ordinary neighborhood groups for purposes of play into criminal gangs was fostered by the family conditions of the members of such groups; by the lack of adequate care and of proper bonds between the boy and his family home, as well as by the harmful influence of the social environment at large. School becomes, under certain circumstances, an additional factor favorable for the creation of gangs. Part of the members of such gangs consist of children who are excitable, nervous, retarded in development, and encountering great difficulties in adapting themselves to study at school and to the requirements set by the school. Such children easily become alienated from the pupils community, forming a peculiar social margin within the school. 5. From the point of view of organizational structure we can distinguish, in the material under investigation, loose gangs, gangs with certain elements of organization, and organized gangs. Loose gangs amounted to 52.4 per cent. Their composition varied, they lacked elements of an organization altogether, they had no leader and no ,,den" of their own. Organized gangs, with a leader and a crystallized division of roles within the gang, amounted to 23.4 per cent. Gangs with but some elements of organization amounted to 24.2 per cent. Organized gangs occur more frequently among the gangs which go in for systematic stealing (35 per cent) than among other types of gangs, while, on the other hand, loose gangs are typical, of hooligan gangs (91 per cent). There exists a very essential difference between the gangs which go in for systematic stealing and those of a hooligan character. While the former are offender gangs the prime purpose of which is to commit thefts, the gangs which go in for hooligan offences are really groups for purposes of play, with whom the offence is closely connected with perverted play. 6. With the gangs which committed thefts the object of such thefts were mostly things of very small material value - food in 31 per cent of the cases, sums of money, mostly very small, in 10 per cent, sports and technical articles in 10.1 per cent, sweets in 9.1 per cent, alcoholic liquors in 8.5 per cent, building materials in 7 per cent, clothing in 6,4 per cent, while bicycles accounted for only 1.1 per cent, and watches and jewelry - for 0.8 per cent. A comparison between the objects stolen by the hooligan-cum-stealing gangs with those stolen by the stealing ones shows obvious differences in accordance with the type of the gang. In the gangs which went in for stealing only, the most frequent object of theft is food (37 per cent), then sport and technical articles (12.9 per cent), sweets (11.8 per cent), clothing are (8.3 per cent). Alcoholic liquors one of the most infrequent objects of theft (0.8 per cent). On the other hand, with the hooligan-cum-stealing gangs, it is precisely alcohol that constitutes the most frequent object of theft !34.5 per cent); the next place is occupied by money (22.3 per cent), while the remaining objects of theft appear much more seldom; they are mostly such objects as can be sold (e.g. building materials account for 12.6 pe cent). In a definite majority of the investigated gangs the value of the stolen object is the outcome of mere chance, and it is dependent on the opportunity of theft which has arisen. The largest number of theft committed by the gangs investigated took place in shops (70.3 per cent). Specialization as to the mode of performing theft is an extremely rare phenomenon with the gangs investigated. The investigated boys who belonged to hooligan and hooligan-cum-stealing gangs have committed the following acts of a hooligan character: Aggressive accosting and beating up 41.6 per cent. Destruction of property (breaking window-panes, street-lamps ect.) 37.6 pe cent. Disturbance of public peace and order 19.1 per cent. Others 1.7 per cent. The character of the hooligan acts perpetrated is closely connected with the age of the investigated. For the younger age groups the characteristic offences are destruction of property (44.4 per cent) and disturbance of public peace (39.5 per cent). 66 per cent of the offences committed by older boys consist of more serious offences - accosting and beating up. Along with the age of the boys and the length of time a gang has existed the number of frequency of hooligan acts perpetrated by them also increases. Hooligan offences were mostly committed by them at school (68.1 per cent) and in the streets and gardens (27 per cent). 7. In the investigation concerning the 50 Warsaw gangs follow-up studies have been carried out, from two to four years after the trial and the following was stated: In this period only 42 per cent of the gangs underwent complete decay, while 58 per cent of them continued to go in to their criminal activities, including 38 per cent, the numerical strength of which had even increased. Nearly all the groups which had committed theft but once underwent a complete decay; so did one half of the gangs which went in for systematic stealing, and one about one-fourth of the hooligan and hooligan-cum-stealing gangs. In the light of our investigation it appears that the gangs composed of younger boys (9 to 12 years) are much more permanent than the gangs composed of older boys. As far as the individual destinies of the several members of the gangs are concerned, the follow-up studies which have been carried out have shown that only 28 per cent of the investigated have completely mended their ways. One half of the investigated have been declared to be recidivists, while with 22 per cent further symptoms of serious demoralization were found, in spite of lack of data concerning the commission of any criminal offences by them. Improvement took place mostly in the case of the less demoralized boys, those who played but a marginal role in the gang. The improvement with younger boys was much more infrequent than that with the older ones (more than 70 per cent of the members of the hooligan-cum-stealing and systematically stealing gangs, aged up to 12, have proved to be incorrigible). The lack of improvement was also related to the length of the period of a juvenile offender's association with his gang. The longer they had participated in the offences committed by the gang, the more difficult it was for them to mend their ways, even after having severed any contacts between themselves and the gang.

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4 Archiwum Kryminologii

1 Dzieje Najnowsze

1 Drzazga E.

1 Melezini M.

1 Pawełczyńska A.

1 Sakowicz A.

1 Sochacka J.

1 Zaćmiński A.

1 2016

1 2013

2 2010

1 1960

„Poena sine lege” - czyny chuligańskie w orzecznictwie Komisji Specjalnej do Walki z Nadużyciami i Szkodnictwem Gospodarczym (1951–1954)

O kontroli chuligaństwa futbolowego w Polsce ze szczególnym uwzględnieniem sytuacyjnej prewencji uwag kilka

Chuligaństwo stadionowe jako samodzielne zjawisko społeczne i przedmiot regulacji prawnych. Zarys problematyki

Środek karny zakazu wstępu na imprezę masową w systemie prawa karnego

Grupy nieletnich przestępców