Search results

1

Criminal liability for fake marriages in the context of human trafficking (ECPRD Request No. 4693)

100%

Tazuszel A.

Zeszyty Prawnicze BAS

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2021

|

issue 2(70)

246-250

EN

The author presents national legislation concerning criminal responsibility for fake marriages within the framework of human trafficking, including selected provisions on marriages that are in force in Poland and legislation on human trafficking (including international conventions on counteracting human trafficking to which Poland is a party). As the Author emphasizes, perpetrators of trafficking in human beings are punished in Poland on the basis of the Criminal Code.

2

Wątpliwości i kontrowersje wokół definicji handlu ludźmi

87%

Sitarz O.

Archiwum Kryminologii

|

2010

|

issue XXXII

327-344

EN

The publication discusses introduction of new solutions pertaining to human trafficking to Polish legal system, namely the very definition of the phenomenon in the act of law. The article is divided into 6 parts. In part one, the author indicates the reasons why the law in this area needs to be changed and enumerates the duties imposed on the legislator. Since human trafficking is a very complex criminological phenomenon, part three discusses the problem of the criminological definition of human trafficking. The legislator, creating penal provisions for such deeds must naturally take the phenomenology of human trafficking into account, at the same time bearing in mind that the provisions at this stage of using them will be subject to interpretation. This interpretation, as criminal law is repressive in nature, has its own rules. Hence part four is devoted to selected issues of interpretation in criminal law but only from the point of view of the analysed changes in law. The penultimate part includes discussion of the role and meaning of legal definitions in criminal law, also in the light of international obligations of the Republic of Poland. The final part contains a critical analysis of the definition of human trafficking.

3

MIĘDZYNARODOWA OCHRONA PRAW CZŁOWIEKA W KONTEKŚCIE ZJAWISKA HANDLU LUDŹMI

80%

Szymański Ł.

Polityka i Społeczeństwo

|

2019

|

issue 3(17)

5-24 (20)

EN

The subject of this study is the international protection of human rights in the context of human trafficking and slavery. Human trafficking and slavery are one of the most vivid examples of the violation of the individual's right to freedom, integrity and security, and of the denial of human dignity, which is the main pillar of the international system for the protection of human rights. Therefore, trade in live goods and other crimes related to the exploitation of prostitution have become the subject of several international conventions. International communities have decided to prevent and combat this phenomenon with the help of criminal law instruments. The study contains explanations of statutory concepts related to the protection of human rights and human trafficking. In addition, it discusses the forms of protection of human rights. The theoretical nature of this paper is based on publications in the field of international law, criminal law, and constitutional law.

4

What is prevention

80%

Rekosz-Cebula E.

Biuletyn Polskiego Towarzystwa Kryminologicznego im. prof. Stanisława Batawii

|

2017

|

vol. 24

9-23

XX

The article presents various definitions of prevention, which are described through five levels: semantic, legal, institutional, practical and teleological. The first part of the article is dedicated to the general understanding of prevention and the second is about the prevention of human trafficking for sexual exploitation. This article is based on two sources: international legal standards and academic literature.

5

Policy to Combat Human Trafficking in Macedonia – Legislation, Specialised Bodies and Procedures

80%

Woźnica R.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

|

2014

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issue 4(30)

399-418

EN

For many years, the Balkans have been considered to be the primary area of interest of criminal groups that traffic in people, especially women and children. In Macedonia, this problem was revealed in the 1990s. However, initial efforts to reduce this phenomenon and combat it proved ineffective. This stemmed from the lack of a designated strategy and the narrow character of cooperation between individual institutions. The situation was unfavourable since human trafficking is an issue that requires an interdisciplinary approach and the collaboration of many bodies. This paper is an attempt to present and assess the institutional and legal system currently being established in the Republic of Macedonia in order to effectively combat the problem of trafficking in persons. First of all, the author will describe the existing legal framework and will also indicate the specialised institutions and procedures established in order to undertake coordinated institutional measures that address the problem of trafficking in persons.

6

The role of the Ministry of Justice and the Ministry of Internal Affairs in the fight against the crime of human trafficking in Poland

80%

Dworzecki J.

Studia nad Autorytaryzmem i Totalitaryzmem

|

2016

|

vol. 38

|

issue 1

27-38

EN

This article outlines the role of the Ministry of Justice and the Ministry of Internal Affairs which due to their legal and doctrinal obligations deal with the issue of combating the crime of human trafficking in Poland. Furthermore, the text presents the concept of human trafficking found in the subject literature as well as legal instruments implemented with a view to combating this form of crime and the characteristics of the National Consultation Centre for Polish and Foreign Victims of Trafficking.

7

The intersection of transnational and international criminal law – example of trafficking in persons

80%

Głogowska-Balcerzak A.

Review of European and Comparative Law

|

2022

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vol. 49

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issue 2

271-286

EN

The paper addresses the possible intersection of transnational and international criminal law, using the example of the crime of trafficking in persons. In recent years traf- ficking in persons has gathered a great deal of attention from scholars, practitioners and politicians, nevertheless theoretical aspects concerning that notion and its relation with other concepts present in international law – such as slavery, practices similar to slavery, enslavements etc . – have still been neglected . As this notion appears at the intersection of different areas of law, including transnational and international criminal law, its closer analysis can contribute to determination of theoretical boundaries of both areas of international law.

8

Prasa i film II Rzeczypospolitej Polskiej wobec handlu białymi niewolnicami

80%

Suchenek R.

Studia Europaea Gnesnensia

|

2015

|

issue 11

123-146

PL

This article presents, from a historical perspective, the role that the press and film played in the fight against slave trade in 2nd Republic of Poland, in the years 1918-1939. Source material for the paper had been obtained from state archives (the Archive of New Acts in Warsaw, the State Archive in Poznań) and the Archdiocesan Archive in Poznań, as well as excerpted from magazines and films from the period. Articles and press statements which provided information on human trafficking, human traffickers, socio-political countermeasures employed in Europe and in Poland conveyed the image of Polish involvement in the fight against human trafficking, the victims of which were Polish women. Films (scientific, feature films) were the means of propaganda in the fight against human trafficking, the main goal of which was mostly raising public awarenesssłowa klucze

9

Human trafficking for sex exploitation in Thailand

80%

Opanovych N.

Securitologia

|

2016

|

issue 1 (23)

103-110

EN

Research paper addresses an issue of sex trafficking in the Kingdom of Thailand and analyzes it through external and internal perspectives. Firstly, legal framework of The Association of Southeast Asian Nations (ASEAN) in regards to human rights violations and its activities to eliminate the problem in the region are examined. Secondly, historical reasons of sex industry in Thailand, state of affairs and its con-sequences for the society are discussed and local government’s activities are criti-cized. Lastly, sex tourism as a main cause of the problem is identified.

10

Realizované výskumy na ochranu osôb a majetku na Akadémii Policajného zboru v Bratislave

70%

Soukop P., Odler R.

Zeszyt Naukowy Apeiron

|

2011

|

issue 6

39–55

EN

Article presents basic directions of research work, which recently were implemented at Police Academy in Bratislava. The authors of this article works at organizational units (Cathedral of Criminology; Cathedral of Police Study) at above-mentioned state academy, which educates police officers and executives of Slovak police. It provides education Bachelor’s, Master’s and Doctor’s degrees according with the Higher Education Act of this country. This article describes (in outline) assumptions of following research project: “Forecast growth in the crime and the possibility of its control in Europe”, “Prevention of crimes and offenses in the national road traffic” (in Slovakia), “Safety of police officers in Republic of Slovakia”, “Forecast of crime development of police officers in Republic of Slovakia”, “Forecast of human trafficking after the Republic of Slovakia joined Schengen Agreement”, “Forms of the delinquency on human trafficking to slavery work”. The results of all research works are published as reports, which were presented among other to: Scientific Council of Police Academy in Bratislava, the National Police Headquarters of Republic of Slovakia and Office of the Minister of Internal Affairs. The completed projects are presented as the monographs (concerns applicable in Republic of Slovakia research area – 8.3.1. Personals and property protection, equivalent in Poland is the Science of safety) and reviewed by regarded experts in the country and from abroad. The final result of every research of Police Academy in Bratislava are conclusions implementation to official pragmatic or current laws of take issue.

11

Criminalisation of forced marriage in Ukraine (in brief comparison with other European countries)

70%

Lyzohub Y.

The Lawyer Quarterly

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2021

|

vol. 11

|

issue 3

413-427

EN

The paper is devoted to the issues of criminalisation of forcing to marriage. The author considered a lot of criminal-legal sources, which provide a responsibility for the mentioned socially dangerous phenomenon, all over Europe. A significant part of the manuscript covers a juridical analysis of a crime provided by Article 151-2 of the Criminal code of Ukraine in force. The author, according to his opinion, takes under consideration some burning questions which make incorrect qualification and use of the aforecited norm. A certain place in the paper is allocated for the analysis of foreign criminal legislation for combating coercion to marriage. So, the author has made EU criminal legislation review concerning the anti-forced marriage campaign and separately displayed criminal-legal approaches to resist forced marriage within other European territories which are not EU members. There was briefly revealed the reaction of EU countries for signing and ratification of appropriate EC Convention.

12

Legal position of an agency intermediating surrogacy in the czech republic

70%

Švestková R., Konečná H., Svatoš R.

The Lawyer Quarterly

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2020

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vol. 10

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issue 2

92-105

EN

An interest in surrogacy has recently been increasing by astronomical progression. In some countries, there are agencies that offer the applicants for surrogacy both of the services, looking for surrogate mothers and their “matching” with the applicants. This article is focused on the possibility of setting up such an intermediating agency in the Czech Republic. The described possibilities are based on the current legislation. Our analysis has shown that in spite of the Czech legislation insisting on the donation of body parts as a purely altruistic act, and in spite of the Czech legislation refusing and strictly punishing human trafficking, it is now still possible (with courage and calculation) to operate an agency that will intermediate surrogate motherhood.

13

MAINSTREAMING GENDER INTO TACKLING HUMAN TRAFFICKING IN THE EUROPEAN UNION

70%

Valkovičová V.

Czech Journal of Social Sciences, Business and Economics

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2015

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vol. volume 4

|

issue issue 1

42-62

EN

The present article concentrates on the advent of gender mainstreaming as a method of incorporating gender perspective into public policies. It analyses the historical as well as the epistemological foundations of gender mainstreaming laid down during the Beijing Platform for Action Conference of 1995. Furthermore, it analyses the factors that led to the adoption of gender mainstreaming by the European Community’s institutions and the policy context in which it has been applied ever since. The aim of this article is to portray the epistemological framework of this soft law method as an open signifier for different perceptions of gender. For these purposes, the article analyses the “subject positioning” within the framework of 13 projects on tackling human trafficking in EIGE’s tool for good practice sharing .

14

The scope of protection under national and international regulations with regard to the crime of human trafficking, taking into account the preventive actions of state bodies affecting public safety and order

70%

Waśkiewicz G.

Studia Administracji i Bezpieczeństwa

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2023

|

vol. 15(15)

135-150

EN

The crime of human trafficking, presented in this article, poses a huge threat to public safety and order. Although it has been present in social relations for hundreds of thousands of years, due to the growing and widespread globalization, the development of new technologies and the cooperation of people living in the farthest corners of the world, the crime not only continues to function, but also takes on new forms. Therefore, it is important to have an ongoing response from the legislature and preventive actions by state bodies. In addition, the crime of human trafficking takes its toll on society as a whole, so it is important to collect and secure evidence and identify the perpetrators. In connection with the above, an analysis was made of the use of one of the ways of implementing the executive function of forensic science, namely the rule of seven golden questions.

15

„Mogę dostarczyć Panu tyle kobiet, że można by niemi wypełnić cały okręt”. Handel ludźmi w Warszawie dwudziestolecia międzywojennego

70%

Zakrzewski A.

Biuletyn Kryminologiczny

|

2015

|

issue 22

102-126

PL

W Warszawie dwudziestolecia międzywojennego miał miejsce handel ludźmi na bardzo dużą skalę. Zagraniczni i polscy handlarze wyszukiwali swoje ofiary najczęściej wśród biedniejszych warstw społecznych, wykorzystując przy tym wiele wymyślnych sposobów oraz łatwowierność swoich ofiar. Trasy wywozu kobiet z Warszawy wiodły do Ameryki Łacińskiej, Afryki Północnej, Europy Zachodniej i Azji. Duża część zarówno handlarzy jak i ofiar była pochodzenia żydowskiego. Państwo Polskie prowadziło walkę z handlem ludźmi najróżniejszymi sposobami. Władze II RP mogły liczyć na wsparcie ze strony działaczy społecznych zrzeszonych w prężnie działającym Polskim Komitecie Walki z Handlem Kobietami i Dziećmi.

16

Wizerunek ofiary handlu kobietami w krajowym orzecznictwie karnym na podstawie analizy wyroków w sprawach o handel ludźmi w latach 1997-2009

70%

Koss-Goryszewska M.

Archiwum Kryminologii

|

2013

|

issue XXXV

161-191

EN

The article presents results of an analysis on Polish courts' judgements passed in criminal cases between 1997 and 2009 concerning human trafficking, i.e. former Article 253§1 and 204§4 Penal Code, conducted with an aim to investigate the image of the party injured as a result of such crime. The research included 59 court cases concerning sexual abuse of women, in which a judgement of conviction (either final and binding or not) was passed. The aim of the research was to the reconstruct the process in which a victim of women trafficking is seen by judges, to analyse the language used by judges in dealing with the victims, and to check if there is a specific model or models in the manner the victims' image is seen by judges. As part of this research, an analysis of semantic fields and qualitative analysis were conducted. The conclusions from the former show that the language used by judges when referring to the crime victims is highly diversified: ranging from formal, official registers ('the injured party', 'women', 'witness'), to vernacular and hardly formal, or even vulgar ('white slaves', 'roadside hookers'). As long as the first of the above registers does not carry any judgemental aspect in describing victims of human trafficking, the other style proves how negative the image is: one of a prostitute or a naïve, reckless girl. The semantic field analysis showed that among the expressions referring to the victims, the ones suggesting that the women got what they deserved were predominant. This language contains an element of the victim's causative involvement, suggesting that the women had some part of the blame for the circumstances, or that the circumstances were not as threatening or traumatising. It is often emphasised that the victims themselves agreed to travel, or had had prostitution experience before. Interesting conclusions can be drawn from analysis of semantic field equivalents, or in other words, the expressions used in lieu of the word 'victim'. Two groups emerge from among them: one, negative judgemental language used towards the injured party, and two, neutral. In the former group expressions such as: 'subject of trade', 'social outcast', 'property', 'human merchandise', 'merchandise subject to', 'a working girl', 'ladies of the evening', 'girls' are found. A considerable portion of these expressions indicates that the human trafficking victims are seen as de facto prostitutes ('prostitutes', 'roadside hookers', 'ladies of the evening'). Another thing that draws attention is the register of the language, with examples of colloquial or even vulgar words being used, which is certainly improper in documents of such importance. The fact that judges used inverted commas when they opting for some of these expressions in writing cannot serve as an excuse.

17

Analiza uwarunkowań i mechanizmów niezbędnych do zwiększenia skuteczności działań służb w realizacji zadań ustawowych w obszarze handlu ludźmi

70%

Namysłowska-Gabrysiak B.

Archiwum Kryminologii

|

2016

|

issue XXXVIII

125-139

EN

The study aims to address the various procedural measures whose development at different levels of national legislation, as well as at the institutional level of state law enforcement agencies, may contribute both to preventing and combating human trafficking more effectively. The overall effectiveness of prosecuting the actual perpetrators of this crime and effective protection of its victims depends primarily on adopting adequate legal instruments, and secondly, on the actual organization of work within the law enforcement bodies directly responsible for preventing and combating human trafficking, i.e. the State Prosecuting Service, the Police, and the Border Guard, whereas ensuring adequate protection of the victims also falls within the statutory remit of the judicial institutions, first and foremost, the common courts of law. With this in mind, the study discusses several select legal instruments pertaining to the prosecution of perpetrators and the system of victims protection, in conjunction with an assessment of their effective application in everyday practice. At the same time, the study attempts to address the proposed procedural measures deemed necessary to boost the overall effectiveness of the state law enforcement bodies in pursuing their statutory objectives with regard to human trafficking at large. Due to the space constraints, only those measures which are currently deemed to pose by far the biggest challenges, as well as those believed to create barriers to effective combating of human trafficking are addressed. In terms of the overall efficiency of the prosecution services, the present study discusses the results of other studies focused on practical application of the legal definition of human trafficking, as per the provisions of Article 189a, § 1 of the Polish Penal Code in conjunction with the provisions of Article 115, § 22 of the Polish Penal Code, as well as the actual modus operandi of the perpetrators, and also those favoured by various crime syndicates involved in human trafficking for business purposes. As far as the standards of victims protection are concerned, the study focuses on their presentation in terms of human rights, and the active obligation of the respective countries to ensure both legally and actually effective protection for the victims of this crime, in particular the standards applied to their identification, as strongly highlighted in the literature on the subject. Furthermore, the general body of knowledge and overall awareness of all state law enforcement agencies with regard to the individual components of human trafficking is also given due prominence. Those comprise, first and foremost, violence against women, secondary victimization, gender stigma, especially in the case of sexual exploitation, the overall cultural and social context, migration, and respective socio-economic status of the victims. Making the law enforcement agencies and the judiciary more aware of the existence of those components is essential to improving and enhancing their overall effectiveness in the pursuit of their statutory obligations, particularly with regard to ensuring that an effective system of victims protection is put in place.

18

What is prevention

61%

Rekosz-Cebula E.

Biuletyn Kryminologiczny

|

2017

|

issue 24

9-23

EN

The article presents various definitions of prevention, which are described through five levels:semantic, legal, institutional, practical and teleological. The first part of the article is dedicated to the general understanding of prevention and the second is about the prevention of human trafficking for sexual exploitation. This article is based on two sources: international legal standards and academic literature.

PL

The article presents various definitions of prevention, which are described through five levels: semantic, legal, institutional, practical and teleological. The first part of the article is dedicated to the general understanding of prevention and the second is about the prevention of human trafficking for sexual exploitation. This article is based on two sources: international legal standards and academic literature. W artykule przedstawione zostały różne definicje prewencji, które można opisać za pomocą pięciu wymiarów: semantycznym, prawnym, instytucjonalnym, praktyczny i teleologicznym. W artykule omówiona jest prewencja na poziomie ogólnym oraz jeden z jej przykładów – prewencji handlu ludźmi w celach seksualnych. Artykuł powstał na podstawie dwóch źródeł: międzynarodowych aktów prawnych oraz literatury naukowej z różnych dziedzin.

19

O handlu ludźmi w Polsce, czyli o ewolucji zjawiska i budowie systemu jego eliminowania

61%

Lasocik Z.

Archiwum Kryminologii

|

2012

|

issue XXXIV

481-529

EN

The thesis of this work is as follows: human trafficking is particularly detrimental as it harms the foundations of modern civilization. It is a phenomenon which appeared in Poland 20 years ago and is still present. What is more, one can see its significant expansion in all possible dimensions. The character of this crime is changing, less and less frequently this is a criminal activity of organized crime groups (mafia gangs), more and more frequently it is a well-organised activity of criminal groups organized ad hoc. New forms of enslavement and abuse appear while physical abuse, relatively easier to detect, plays less and less important role. The change includes also the scale of the problem, measured by the number of criminal cases or the number of reported victims, and to be clear the numbers do not decrease, they increase. The evolution spoken of here includes also such issues as origin of the victims and their sociodemographic profile (here the direction of development is also clear, the victims come from all countries and continents and they are more and more diverisified). Polish law has been changing for many years but it is hard to admit the law is fully adequate to the needs and the scale of the problem. The practice of action of many public institutions changes. Efforts to eliminate human trafficking have been made for years, without effects though. The system to eliminate human trafficking, which has been built for 15 years in Poland, has stable legal and institutional basis, yet lack of political will and decisive organization actions causes the system to lack effectiveness and flexibility necessary in a confrontation with such a dangerous phenomenon as human trafficking is. A reliable description of human trafficking is hard in any place and at any time. In such countries as Poland, it is particularly hard for several reasons. Most of all because it is a phenomenon well-hidden behind many facades of fully legal activities, it is also a rich in content, diverse, and ever changing phenomenon. It is still valid that what we know of human trafficking is merely a tip of the iceberg. We know little about it also because Poland has been a member of EU which makes it an attractive destination for foreigners who either seek their opportunities here or move to other EU countries using the freedom of movement. One of prominent features of evoulution of human trafficking in Poland is a Shift from the country of origin to transit country and to destination one. Political and economic changes of the early 1990s combined with temporary decrease in police effectiveness resulted in increase in crime. Also the serious one, organized crime. This is when human trafficking ap-peared in Poland. In the beginning, activity of criminal groups concentrated on recruitment of Polish women to sex businesses in Western Europe.

20

Stan bezpieczeństwa oraz trendy i zjawiska przestępcze w województwie lubuskim w latach 2004-2008 istotne z punktu widzenia poczucia bezpieczeństwa mieszkańców regionu na podstawie wybranych analiz i statystyk policyjnych

61%

Regulski W.

Studia – konteksty pogranicza

|

2021

|

issue 5

185-198

PL

Niniejszy artykuł poświęcony jest ocenie stanu bezpieczeństwa w województwie lubuskim w obliczu tych dwóch, istotnych dla bezpieczeństwa państwa, wydarzeń politycznych. W opracowaniu ocenie poddane zostaną kategorie przestępcze najistotniejsze dla poczucia bezpieczeństwa mieszkańców oraz te kategorie przestępstw, które w myśl pewnego stereotypu mogły ulec zmianie w obliczu zmiany systemu bezpieczeństwa na przykład zniesienia kontroli granicznej, takich jak handel ludźmi.

EN

This article is devoted to the assessment of the security situation in the Lubuskie Voivodeship in the face of these two political events important for state security. The study will assess the criminal categories which are most important for the residents' sense of security and the categories of crimes that, according to a certain stereotype, may have changed in the face of changes in the security system, e.g. abolition of border controls, such as trafficking in human beings.

Refine search results

Criminal liability for fake marriages in the context of human trafficking (ECPRD Request No. 4693)

Wątpliwości i kontrowersje wokół definicji handlu ludźmi

MIĘDZYNARODOWA OCHRONA PRAW CZŁOWIEKA W KONTEKŚCIE ZJAWISKA HANDLU LUDŹMI

What is prevention

Policy to Combat Human Trafficking in Macedonia – Legislation, Specialised Bodies and Procedures

The role of the Ministry of Justice and the Ministry of Internal Affairs in the fight against the crime of human trafficking in Poland

The intersection of transnational and international criminal law – example of trafficking in persons

Prasa i film II Rzeczypospolitej Polskiej wobec handlu białymi niewolnicami

Human trafficking for sex exploitation in Thailand

Realizované výskumy na ochranu osôb a majetku na Akadémii Policajného zboru v Bratislave

Criminalisation of forced marriage in Ukraine (in brief comparison with other European countries)

Legal position of an agency intermediating surrogacy in the czech republic

MAINSTREAMING GENDER INTO TACKLING HUMAN TRAFFICKING IN THE EUROPEAN UNION

The scope of protection under national and international regulations with regard to the crime of human trafficking, taking into account the preventive actions of state bodies affecting public safety and order

„Mogę dostarczyć Panu tyle kobiet, że można by niemi wypełnić cały okręt”. Handel ludźmi w Warszawie dwudziestolecia międzywojennego

Wizerunek ofiary handlu kobietami w krajowym orzecznictwie karnym na podstawie analizy wyroków w sprawach o handel ludźmi w latach 1997-2009

Analiza uwarunkowań i mechanizmów niezbędnych do zwiększenia skuteczności działań służb w realizacji zadań ustawowych w obszarze handlu ludźmi

What is prevention

O handlu ludźmi w Polsce, czyli o ewolucji zjawiska i budowie systemu jego eliminowania

Stan bezpieczeństwa oraz trendy i zjawiska przestępcze w województwie lubuskim w latach 2004-2008 istotne z punktu widzenia poczucia bezpieczeństwa mieszkańców regionu na podstawie wybranych analiz i statystyk policyjnych