Polen - Justitia erblindet
Am 1. Juli 1985 traten zwei Zusätze zum polnischen Strafrecht, wie es am 10. Mai 1985 vom Parlament beschlossen worden war, in Kraft.
More...We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
Am 1. Juli 1985 traten zwei Zusätze zum polnischen Strafrecht, wie es am 10. Mai 1985 vom Parlament beschlossen worden war, in Kraft.
More...
In this scientific work, we discussed the punishments in the Salian Law and the types of punishments that were foreseen in case of violence against weak persons, primarily women (and children). Consequently, we analyzed four articles of this law - XIII, XX, XXIV and XXV, on the basis of which we pointed out that women, compared to men, were less often perpetrators of criminal acts, and often the law was on their side, looking at them more as victims, which led to the fact that the fines for murdering a child, raping, abducting or injuring a woman were far higher than for some other crimes. It is important to emphasize that the crimes of that time, as well as the punishments that were foreseen for them, when it comes to the above-mentioned categories of the population, should be viewed in the spirit of that time. However, looking from today’s point of view, how people lived in the early Middle Ages, it can be concluded that “barbarian” peoples, in their laws, often cruelly “reckoned” with numerous crimes. The punishments prescribed for “offences”, which we pointed out in this scientific work, were mostly monetary and corporal, but in some cases the offender could also be punished with the death penalty. The purpose of all these punishments was to compensate the injured person for the damage, loss or pain, and to properly punish the perpetrator of the crime, but this is where we already see the class inequality of the population. More precisely, it is noticeable that free people were punished differently for the same crime, as opposed to non-free people, and the disproportion between the prescribed punishment and the criminal offense is also noticeable. In addition, the question arises as to how much, in general, the Germanic tribes respected their laws, more precisely, whether they were literally applied, and whether the prescribed punishments, for various offenses, had their purpose. Also, it was taken into account the circumstances under which a certain case “took place”, and the intention of the perpetrator of the crime was also important, i.e. whether he committed the crime by accident or with premeditation, which certainly affected the type and degree of punishment. One thing is absolutely certain, and that is that an attempt was made to preserve peace among the Franks with monetary, corporal and death punishments, that is, the mentioned punishments had, primarily, a preventive character, in the sense of additionally intimidating the population, which would prevent or reduce potential criminal acts, but also, on the other hand, the amount of the prescribed penalties led to a further process of differentiation of the population.
More...
This article endeavours to analyse an important and concerning phenomenon: women killed by their adult sons. It focuses on parricide (killing of parents or close relatives), with special attention on killing of mothers (matricide), while the term ‘homicide’ is used as an overarching term for killing human beings. The article gives an overview of statistics on reported cases of matricide over a five-year period. Employing qualitative analysis, it refers to four court judgments in instances of matricide committed by adult offspring in Lithuania between 2021 and 2023. Based on the analysis of recent international studies, crime statistics and court decisions, the aim of this study is to highlight deeper social problems, which predispose mothers to susceptibility to matricide. Therefore, the article contributes new knowledge to the discourse within the field of gender-based violence against women. Moreover, this study provides professionals in the field of domestic abuse with enriched comprehension of the matricide phenomenon and enhances institutional cooperation seeking prevention of violent behaviour and adequate protection of victims.
More...
The article is based on the data of the International Quantitative Study of Youth Delinquency and Victimization ISRD, which was conducted in Lithuania in 2006, 2013 and 2022. It analyses the property-oriented and violent delinquent behaviour of Lithuanian juveniles who were born after 1990s. The authors raise the questions (1) how the dynamics of this kind of delinquent behaviour has changed through the three age cohorts, born in 1991–1993, 1998–2000 and 2007–2009, (2) to what extent it corresponds to the trends of registered juvenile delinquency and (3) to what extent gender remains as a differentiating factor in delinquent behaviour. The study results revealed differences in delinquent behaviour between the three age cohorts. Also, the latest study showed that in the age cohort born in 2007–2009 delinquent behaviour is equally characteristic of both genders and, in general, juvenile delinquency has drifted from violent to property-oriented infringements.
More...
Despite the fact that Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, adopted by the Resolution of the European Parliament on 30 May 2018, contains provisions of a criminal law nature in general (substantive, procedural, juvenile and enforcement) on the status of victim of crime, its focus is on the questions of criminal procedural character. This position of the Directive on this issue is based on two key criminal-political reasons. The first is based on the fact that the victim of crime can exercise his/her rights in connection with this status only in criminal proceedings. Second, the criminal procedure itself, by its very nature, is an inconvenience for the victim of crime and, as such, it leaves additional negative consequences for a victim. These consequences should be reduced to the greatest extent possible by standardizing adequate criminal procedural instruments and by their application, which, we must admit, is not easy to provide. However, the guidelines on how to achieve this are provided by the Directive. For these reasons, and not only them, in the process of harmonizing national criminal legislation with the standards of the Directive, the focus must be on harmonizing their criminal procedural legislation - the law on criminal procedure - with the Directive. Of course, the norms of substantive, juvenile and enforcement criminal law should not be left out, because they should also regulate certain issues concerning the victim of crime. Only in situations where all of them are harmonized with the standards of the Directive can we talk about the harmonization of the national criminal legislation with the standards of the Directive.
More...
“Dobra Knjiga” Publishers are pleased to announce the forthcoming publication of Rusmir Mahmutćehajić’s new book, Genocidal Anti-Bosnianism, the culmination of many years of research by the author into the ideology of genocidal anti-Bosnianism, an inadequately recognised aspect of the ongoing crime of genocide. For a crime of genocide to take place, four things are needed: a genocidal ideology, a genocidal elite, a genocidal organization or apparatus, and perpetrators to carry it out. Even when a genocide is underway, three of these can be defeated and their activities thwarted: the elites, the organizations, and the perpetrators. It is different with the genocidal ideology, which may seem, like a living stream, to disappear, only to go underground and later return to social reality and start to put in place the conditions for a recurrence of genocide. Genocidal ideology is a phenomenon of the long durée with a highly complex presence in mentalities, culture, and political life.
More...
“Dobra knjiga” najavljuje objavljivanje knjige Rusmira Mahmutćehajića Genocidsko antibosanstvo. U knjizi su predstavljena viśegodišnja istraživanja autora o ideologiji genocidskog antibosanstva, najmanoj najmanje pojavi u dogođenom zločinu genocida. Četiri su preduvjeta za događanje zločina genocida: genocidska ideologija, genocidska elita, genocidska organizacija i izvršitelji genocida. Kada je genocid dogođen, elite, organizacije i izvrštelji mogu biti poraženi i zapriječeni. Ali to nije moguće s genocidskom ideologijom. Ona poput živog toka prividno ponire, ali iznova može postati društvena realnost te proizvesti ostale uvjete za događanje genocida. Genocidska ideologija je pojava dugog trajanja i vrlo složenih prisutnosti u mentalitetima, kulturama i politikama.
More...
The goal of sentencing and execution of a prison sentence is primarily resocialization and reintegration of the perpetrator into society, after its execution. In the prison system and the prison system, various ways of achieving the stated goals are foreseen through programs and treatments that are carried out through activities that prisoners perform in prisons, such as: work, education, adequate use of free time, various special educations, then sports activities, creative workshops, reading books, writing literary works, carrying out a series of therapies within the rehabilitation program that are connected to the above activities, etc. In this direction, the authors of this paper presented the importance of the existence of libraries and the richness of the library fund, as well as the state of prison libraries in the prison system in Bosnia and Herzegovina. After a short introduction to the prison system and the prison system in B&H, they paid special attention to therapeutic work and the importance of libraries for rehabilitation, then education, the importance of various special educations, some training in the field of informatics, and reading books in their free time as a form of creative and therapeutic workshops. A very important part of the work is the results of research on the state of libraries in the prison system in Bosnia and Herzegovina and the answer to the hypothesis "Library fund in prisons in Bosnia and Herzegovina does not meet the needs of prisoners". After conducting interviews and analyzing questionnaires conducted in several prisons in B&H, the authors draw conclusions about the number and content of the library fund, concluding whether the current situation meets the needs of prisoners in prisons. In the end, they suggest how to improve the situation in prisons in terms of enriching prison libraries, and therefore enable the implementation of education programs, useful use of free time and, ultimately, ensure better resocialization.
More...
Violence is expanding in all spheres, but with the development of society it also acquires new characteristics that indicate a disturbed system of values in postmodern society. In postmodern society, penal policy is oriented towards pragmatic goals of social control, which includes risk management with as few costs as possible. Violence and crime are phenomena that are most common in symbiosis. The Criminal Code has precisely defined guidelines and sanctions for all those who violate legal norms in society. However, sometimes these legal reactions to violence and crime in the opinion of the public are mild and do not have an adequate impact when it comes to the resocialization of criminals and convicted persons, which is often reflected in their inadequate reintegration into society and recidivism.
More...
Violence is a significant public health problem. In the prison environment, it is seen as an unavoidable and ubiquitous phenomenon. Penal authorities are responsible for ensuring the safety of both prisoners and prison staff. Maintaining security is much more difficult when the number of prisoners increases. Prison overcrowding is one of the frequently studied correlates of violent behavior in penal systems. Violence results in a variety of negative consequences that are reflected in many aspects of prison conditions. In order to better understand the problem of violence in prisons, as well as its prevention and suppression, it is necessary to constantly monitor and adequately address it. One of the approaches to monitoring the various forms of violent behavior in the penal system is the monitoring of official indicators. Accordingly, the aim of this paper is to analyse the official indicators of certain forms of violent behavior in Croatian prisons (physical attacks by prisoners on prison staff and physical conflicts between prisoners) in the period from 2013 to 2022, and for the purpose of verifying part of the situational model of explaining violence in the prison system. The analysis of the official reports of the Ministry of Justice and Public Administration of the Republic of Croatia indicates a decrease in the number of prisoners in the period from 2013 to 2016, while their number increases after 2016 and, according to the last two available reports, exceeds the available accommodation capacity. The increase in the number of prisoners was not accompanied by a parallel increase in the number of judicial police officers. In the period observed, the rates of physical attacks by prisoners on prison staff were highest in 2013 and 2019 and lowest in 2015. The rates of physical conflicts between prisoners are relatively constant, with a slightly larger increase in 2020. In summary, although the problem of violence in Croatian prisons is not alarming according to official data, there has been a slight increase in these forms of violent behavior in prisons recent years (2021and 2022).
More...
Aim. The aim of the work is to provide an overview of the potential application of artificial intelligence in forensic medicine and rela- ted sciences, and to identify concerns related to providing medico-legal opinions and legal liability in cases in which possible harm in terms of diagnosis and/or treatment is likely to occur when using an advanced system of computer-based information processing and analysis.Materials and methods. The material for the study comprised scientific literature related to the issue of artificial intelligence in foren- sic medicine and related sciences. For this purpose, Google Scholar, PubMed and ScienceDirect databases were searched. To identify useful articles, such terms as „artificial intelligence,” „deep learning,” „machine learning,” „forensic medicine,” „legal medicine,” „forensic pathology” and „medicine” were used. In some cases, articles were identified based on the semantic proximity of the introduced terms. Conclusions. Dynamic development of the computing power and the ability of artificial intelligence to analyze vast data volumes made it possible to transfer artificial intelligence methods to forensic medicine and related sciences. Artificial intelligence has numerous applications in forensic medicine and related sciences and can be helpful in thanatology, forensic traumatology, post-mortem identifi- cation examinations, as well as post-mortem microscopic and toxicological diagnostics. Analyzing the legal and medico-legal aspects, artificial intelligence in medicine should be treated as an auxiliary tool, whereas the final diagnostic and therapeutic decisions and the extent to which they are implemented should be the responsibility of humans.
More...
Review of: Дмитрий Громов. АУЕ: криминализация молодежи и моральная паника. М.: Новое литературное обозрение, 2022. 424 с. ISBN 9785444818695.
More...
The author argues that the main way to fight the Taliban and al-Qaeda in Afghanistan and Pakistan is through cutting off their drugs money. However, she writes that these vast criminal profits do not only come from drugs. Afghanistan and Pakistan anti-state groups appear to expend a significant amount of their daily energy engaging in criminal fund-raising techniques. In this respect, she mentions opium trade, drug markets, kidnapping, timber smuggling, human trafficking, bank robbery etc. Then, she mentions that a key question western intelligence forces need to be asking is what the Taliban leadership intends to do with the vast profits it earns from the drugs trade and other crime. Finally, she concludes that degrading the enemy’s source of funding, while simultaneously improving governance, are critical pillars to any counterinsurgency campaign, and Afghanistan and Pakistan will be no exception.
More...
The purpose of this review is to highlight the novelty elements of the research carried out by Mr. Radu Tudor Petre on The impact of crime on regional economic and social development in Romania. The very first work is to use and adapt to national specificities certain working methods and tools validated by other States, for which crime control and the effective spending of public money is a priority. The multifactorial crime model, the model of situational prevention through regional planning, the calculation of the regional cost of crime per capita, the application of the Granger causality test on the criminal phenomena variables and the Gini index of social inequality, resulting in the likelihood of the causal link between crime, have been tested and adapted, level of economic development and corruption index. Research has emerged as a necessity in the current socio-economic and political national and international context, which inevitably generates new forms of organized crime or the increasing level of existing crime, so that the institutional capacity of a state to anticipate trends or developments in this phenomenon and the assessment of the social and economic impact it has had lead to the adoption of viable regional, national and transnational crime prevention and reduction policies, linked to regional development programs. The quality of the paper is that, by linking social issues (social exclusion, unemployment, early school leaving, risk of victimization, disadvantaged background, etc.), crime and their economic and social impact on regional development, open up new opportunities for cross disciplinary research.
More...
Artykuł przedstawia analizę prowokacyjnie przeprowadzonych korespondencji z cyberprzestępcami stosującymi tzw. nigeryjski przekręt. W ciągu dwóch lat akademickich we współpracy ze studentami Uniwersytetu Kardynała Stefana Wyszyńskiego w Warszawie przeprowadzono kilkanaście takich prowokacji. Najdłuższa z korespondencji trwała osiem tygodni. Zgromadzony materiał, liczący kilkadziesiąt stron maszynopisu, został przeanalizowany w świetle analizy transakcyjnej — jednej z technik stosowanych do analizy zachowań w komunikacji międzyludzkiej. Proces prowokacji oraz wyniki analizy przedstawiamy poniżej
More...
The article analyses the genesis and motives of the introduction to the Criminal Code of the possibility of imposing the life imprisonment without parole (Act of 7 July 2022 amending the Act – Criminal Code and certain other acts). In the author’s opinion, the provisions in question have the character of penal populism and constitute an example of objectification of the convict, who becomes a means to achieve certain goals. The analysed provisions refer to primal (atavistic) instincts (revenge). The regulations in question will not reduce the level of crime. The introduction of the possibility of imposing a sentence of irreducible life imprisonment into the Criminal Code is also part of the change in axiology that the legislator has given expression to in terms of the sentencing directives.
More...
With the increasing development of technology and the spread of internet access, an increasing number of children have been exposed to sexual abuse in cyberspace. Recent events – including the COVID-19 pandemic and the transfer of many everyday activities to the internet – have further increased the risk of exposure to objectionable sexual behaviour. The purpose of the article is to discuss current challenges for European criminal policy in preventing and combating sexual crime, which is seen as one of the greatest threats to children in the 21st century. The author highlights the scope of the phenomenon in European countries, the emergence of new forms of exploitation, the rise of CSAM/CSEM materials and the impact of the COVID-19 pandemic. The article also addresses proposed changes to the law, including the assumptions of the Strategy for the Rights of the Child and the Proposal for a Regulation of the European Parliament and of the Council Establishing Rules to Prevent and Combat Child Sexual Abuse.
More...
The subject of this article is an attempt to answer the question of whether the social rehabilitation of a prisoner is a human right? And then whether, on the basis of this right, the individual has a claim to the state for its realization? To this end, the differences between the key concepts for this problem, such as human rights, public subjective rights and claims, are discussed. The concept of dignity as a foundation for the right to rehabilitation is presented, as well as the most important legal acts of human rights from which the right to rehabilitation can be derived. Also, the international standards for the treatment of prisoners, which explicitly identify rehabilitation as an objective of imprisonment, are discussed. The considerations made it possible to draw a conclusion about the validity of recognizing the right to rehabilitation as a human right, on the basis of which a prisoner has a claim to the state.
More...
The purpose of the article is to outline legal and victimological aspects of rape. The author addresses the issue of the role of the victim in the genesis of this crime as well as myths and stereotypes relating to it. The paper also presents the results of an empirical study conducted by the author in which 61 cases of preparatory proceedings were analyzed, investigating the dependence between a victim’s characteristics and a prosecutor’s tendency to bring an indictment.
More...
Review of: Piotr Chomczyński, Przemysław Frąckowiak, Dagmara Woźniakowska (red.) Kryminologia. Teoria i praktyka Wydawnictwo Naukowe PWN, Warszawa 2023, 1000 s.; Anna Więcek-Durańska Opiniowanie sądowo-psychologiczne Wydawnictwo Naukowe PWN, Warszawa 2023, 329 s.; Janusz Czesław Bojarski, Natalia Daśko, Jerzy Lachowski, Tomasz Oczkowski, Agata Ziółkowska (red.) Współczesne oblicza prawa karnego, prawa wykroczeń, kryminologii i polityki kryminalnej. Księga jubileuszowa dedykowana profesor Violetcie Konarskiej- -Wrzosek Wydawnictwo Wolters Kluwer, Warszawa 2023, 1024 s.; Marek Mozgawa (red.) Kradzież szczególnie zuchwała Wydawnictwo Wolters Kluwer, Warszawa 2023, 472 s.; Krzysztof Eichstaedt Metodyka pracy sędziego w sprawach nieletnich w postępowaniu rozpoznawczym Wydawnictwo Wolters Kluwer, Warszawa 2023, 188 s.; Monika Horna-Cieślak, Paulina Masłowska, Olga Trocha Metodyka reprezentacji małoletniego pokrzywdzonego w sprawach przestępstw seksualnych Wydawnictwo Wolters Kluwer, Warszawa 2023, 320 s.; Violetta Konarska-Wrzosek, Piotr Górecki, Paweł Kobes (red.) Wspieranie i resocjalizacja nieletnich. Komentarz Wydawnictwo Wolters Kluwer, Warszawa 2023, 560 s.; Ewa Gruza, Paweł Krajewski, Ireneusz Sołtyszewski (red.) Medycyna sądowa dla prawników Wydawnictwo Wolters Kluwer, Warszawa 2023, 344 s.; Ewa Guzik-Makaruk, Ireneusz Sołtyszewski (red.) Suicydologia dla prawników i śledczych Wydawnictwo Wolters Kluwer, Warszawa 2023, 320 s.; Grzegorz Skowronek Hazard w ujęciu prawnym i psychologiczno-kryminologicznym Wydawnictwo C.H. Beck, Warszawa 2023, 368 s.; Krzysztof Fila Domniemanie w polskim prawie karnym Wydawnictwo C.H. Beck, Warszawa 2023, 364 s.; Jan Widacki Narkoanaliza. Jej wykorzystanie w śledztwie i pracy służb specjalnych Wydawnictwo C.H. Beck, Warszawa 2023, 156 s.; Marcin Niedbała Odpowiedzialność prawna z tytułu rozpowszechniania fake newsów w polskim porządku prawnym Wydawnictwo C.H. Beck, Warszawa 2023, 382 s.; Adrian Wrocławski Przedmiot niebezpieczny w polskim prawie karnym Wydawnictwo C.H. Beck, Warszawa 2023, 537 s.; Sebastian Kowalski, Hanna Paluszkiewicz (red.) Współczesne problemy karania i zaniechania karania za przestępstwa skarbowe Wydawnictwo C.H. Beck, Warszawa 2023, 192 s.; Paweł Drembkowski, Grzegorz Kowalski (red.) Ustawa o wspieraniu i resocjalizacji nieletnich. Komentarz Wydawnictwo C.H. Beck, Warszawa 2023, 1132 s.; Andrzej Kacprzak Skazani na przestępczość? Wykluczenie społeczne i reintegracja społeczna w doświadczeniu biograficznym byłych więźniów Wydawnictwo Uniwersytetu Łódzkiego, Łódź 2023, 348 s; Maria Niełaczna Administracja więzienna. Służba czy władza? Wydawnictwa Uniwersytetu Warszawskiego, Warszawa 2023, 300 s.; Piotr Krajewski Uchodźcy środowiskowi – otwarty problem niewydolności środowiska, polityki i prawa Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego, Olsztyn 2023, 182 s; Marcin Gołaszewski Metody interpretacji danych w badaniach poligraficznych. Problem subiektywizmu ekspertów przy opiniowaniu Oficyna Wydawnicza AFM, Kraków 2023; Łukasz Szklarski Zastosowanie biometrii w zautomatyzowanej kontroli granicznej jako podstawowe narzędzie bezpieczeństwa granic Unii Europejskiej Wydawnictwo Difin 2024, Warszawa, 224 s.; Jarosław Stelmach Zamachy terrorystyczne. Istota i koncepcja reagowania Wydawnictwo Difin 2024, Warszawa, 458 s. Przedmiotem badań, których wyniki zaprezentowano; Tomasz Safjański Tak zwany Interpol. Studium uwarunkowań skuteczności zwalczania przestępczości transgranicznej i terroryzmu w ramach globalnej współpracy policyjnej Wydawnictwo Difin 2024, Warszawa, 504 s.; Brunon Hołyst (red.) Zapobieganie samobójstwom. Tom 3. Zachowania suicydalne dzieci i młodzieży Wydawnictwo Difin 2024, Warszawa, 534 s.; Magdalena Cetera, Magdalena Tabernacka (red.) Leksykon mediacji Wydawnictwo Difin 2024, Warszawa, 492 s.; Remigiusz Rosicki Polityka kryminalna w zakresie zwalczania działalności szpiegowskiej w Polsce Wydawnictwo FNCE, Warszawa 2023, 424 s..
More...