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Recenzja: „Dziara”, „cynkówka”, „kolka” – zjawisko tatuażu więziennego
The review of: Sławomir Przybyliński, „Dziara”, „cynkówka”, „kolka” – zjawisko tatuażu więziennego, Oficyna Wydawnicza „Impuls”, Kraków 2007, ss. 88.
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The review of: Sławomir Przybyliński, „Dziara”, „cynkówka”, „kolka” – zjawisko tatuażu więziennego, Oficyna Wydawnicza „Impuls”, Kraków 2007, ss. 88.
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It seems relevant to employ non-standard methods more frequently when conducting research involving juvenile offenders. They may be particularly helpful in designing one’s individual rehabilitation scheme. It is also clear that rehabilitative actions toward juvenile offenders in reformatories ought to appeal to their needs for security, affiliation, care and support. The statements of the researched offenders are valuable for the rehabilitation process due to their highly personal character, which is particularly noticeable in the ‘Letters to God’. The statements also paint an indirect picture of the population of female charges in juvenile offender institutions and reformatories. The charges ought to be perceived not only as juvenile criminals (sometimes through no fault of their own, in fact), but as girls, human beings, having their own feelings, desires, needs and dreams. If the society allows these needs to be satisfied, it will be more secure.
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Przedstawione rozważania teoretyczne oraz badania własne upoważniają do postawienia chociażby ogólnych wniosków. Młodociani przestępcy pochodzą przede wszystkim z rodzin patologicznych. Ich demoralizacja jest uwarunkowana czynnikami środowiskowymi, osobowościowymi oraz umysłowymi i organicznymi. Mimo tych ograniczeń zdolni są do bardzo rozwiniętej manipulacji, która pozwala im ukryć negatywne cechy. Dlatego też edukator winien mieć odpowiednią wiedzę psychologiczną i kryminologiczną oraz odznaczać się intuicją pedagogiczną, która nawet w tak trudnym środowisku może przyczynić się do sukcesów formacyjno-wychowawczych.
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This article draws attention to the relation between two phenomena: the panopticism and the court society. The first one is usually derived from the modern structure of industrial society, while the second one has flourished in the monarchical regime of the 17th century. Therefore, the relation between them is not so evident and should not be taken for granted. By the same token, the French thinker Michel Foucault in his research Discipline and Punish: the Birth of the Prison opposed these two (monarchical and industrial) societies. On the other hand, Foucault has noticed that Jeremy Bentham has created a surprisingly similar prison to the menagerie which was built in Versailles by the architect Louis Le Vau. We claim that this similarity is not a coincidence and reach to explicate this relation. Our intention is not to advance panopticism chronologically but to define and extend the variations of the optical societies. This aim is proved by two-level research: the first part of the article shows the structural relation between panopticism and court society: space, time and other practices; the second part reveals a deeper relation between them which is seen in the image of hunting in the baroque culture. The main hypothesis of this article is that the menagerie of Louis XIV is an expression of transformation which started with the common hunting and finally turned into the image of the panopticism of the court society. This dynamics is analogical to that one which was noticed by Foucault talking about physical punishment vs disciplinary model. The argumentation of this statement is made while analyzing Rembrandt’s “Self-portrait with a Dead Bittern” where the sham hunting in the court society is shown using a flavour of irony.
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In article public death penalties of the period of the Middle Ages in Europe as a version of mass action in which there is a certain script, executors and spectators are investigated. The author analyzes public – cultural functions of death penalties, systematizes the basic types of public death penalties, taking into account their script-director's and entertainment component.
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In contrast with general educational studies, where resistance is mainly analyzed within the context of school environment, the category of resistance has been virtually absent in the field of social rehabilitation. The paper postulates the scope for using the category for studies on prison gangs. Considered in the context of resistance, the prison gang is a phenomenon that (1) stays in opposition to formal institutional structure, (2) comprises behaviors of ritualistic nature, and (3,) those behaviors undermine rehabilitative functions of the institution. An insight into the prison’s second life employs notions developed in contemporary reflections on resistance, especially ideas such as everyday resistance, infrapolitics as well as transcripts, both hidden and public.
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In this study, we have analyzed the Special Prison Hospital in Belgrade forensic patient´s narratives about everyday life. The primary objective of the analysis was to describe the daily routine and its meanings for patients. During the analysis two broad research objectives have emerged: to identify the key problems of everyday life of thise people, and mark the need for further investigation of this issue. Specifically, subject everyday life of psychiatric, and particulary, of special patients, insuffitiantly dealt with in the foreign and in home scientific literature. Their everyday life is burdened by uniformity, formally offered amenities not acceptable to them and typical mechanisms and strategies for survival to overcome boredom. Institutional setting offers a rare pleasure: food, sleeping and socializing. Findings of our study confirm this portray. We have been observing typical day spending patterns of 50 forensic patients: getting up, going to breakfast, resorting to escape strategy – sleeping, going to lunch, escape strategy – sleeping and / or socializing, dinner, escape – socializing and / or sleeping. It turned out that formally offered contents – social and psychotherapy, and work assignments, are neither useful nor acceptable to them. Thay rarely participate in occupational therapy, more common in group therapy, a mandatory work assignments and paid tasks are performed solely by those – who must, since thay have no other income.
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Through the planned changes (January, 2012) and implemented changes (2009) the Serbian legislator significantly drifted from the original criminal policy on which the Serbian Penal Code had been built of in 2005. In this work the author explained each deficiency by critically approaching mentioned legislative activity and then he classified them into groups according to their negative effects not just on a whole Penal Code but on its original criminal policy goals. In the conclusion, the author takes a stand that these negative trends in criminal policy in the substantive criminal law occurred because the legislator recoiled before the pressure “punitive public” phenomena.
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The existence of the informal prison system in Serbia represents a phenomenon which hasn’t been explored enough so far and more attention should be dedicated to this question. At this moment, we could aknowledge with certainty that in any prison in Serbia there hasn’t been formed any organization which would have some similarities with the First Command of the Capital which exists within prisons in Brazil. However, except of the fact that in Serbia never happened a rebellion which tragic endings like for example the massacre which happened in the prison Karandzir, one can’t confirm for sure that there aren’t any other prerequisite for creating such of an organization.
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Contemporary courses in the sphere of socio-economic and political relations, are characterized by global departure from social welfare model and decrease in the public spending with regard to the enforcement of penal sanctions. It emphasizes the notions of the risk and probability and shifts the focus from the causes of criminal behaviour towards the control of behaviour and from the control of crime towards crime management. It is concerned with cost minimization and risk management through incapacitation without an aspiration to rehabilitation and re-integration of offenders. On the level of national crime control policy, consequences of those global tendencies have borne significant impact on the national sentencing policy (which is seen to getting harsher with the constantly increasing number of prisoners). Therefore, it is of great importance to understand contemporary courses in the field of social reaction to the criminal behaviour and pay attention to the experiences of those countries who managed to avoid or significantly reduce the level of ‘populist punitivness’.
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This paper discusses the problems of overcrowding in prisons throughout the world and in Serbia. Prison overcrowding is a global phenomenon, present in all continents, which is proved by statistics on the situation in prisons in the world with us. This phenomenon can be seen from two angles. On the one hand, there is a large number of prisoners serving a sentence in particular, short prison sentences; on the other hand, prison population largely consists of persons who are in custody. Given that these are different types of detention and the overcrowding problem must be considered taking into account this fact. In that sense it is necessary to analyze the causes of prison overcrowding. A large number of unconditional prison sentences imposed leads to the possibility of realizing the idea of re-socialization. Also, public opinion in most countries but also in Serbia believes that closing is the best way of solving problems of crime and thus put pressure on those who decide which further contributes to the development problems of overpopulation.
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Istorija sadašnjeg kaznenog zavoda, cetinjske tamnice, to je nedavna istorija mučnog ukidanja plemenske samovolje i uvođenja reda i zakonitosti u Crnoj Gori. Do vladike Rada nije se davalo nikom ništa, niti je i ko i kog slušao, – tako je Crnogorac slobodu razumijevao. Za vrijeme duge vlade Petra I (svetog) bilo je poslušnosti, ali to nije bilo iz bojazni od karanja zemaljskog zakona, već iz straha od mogućeg proklestva svetitelja, od straha božijeg. I sad su u narodu žive uspomene gdje je koga, kad i kako sustigla sigurna kletva vladičina za osvetu, krađu, neposlušnost. Inače su Crnogorci znali samo za tursko sužanjstvo i mljetačku tamnicu. Iz narodnih usta priča vojvoda Draško o Mljetkama: „Najgore im pak bjehu tamnice, konj hoćaše u njima crknuti, sav protrnem da ih Bog ubije, kad pomislim za ono strašilo!“ Zar među narod, koji je navikao na sve oskudice i vječitu borbu protivu neprijatelja i koji smrt od puške smatra kao najljepšu i najlakšu, koji lacmane opominje: „što im take muke udarate, što junački ljude ne smaknete?“ – Zar za Crnogorca, kog, kad se rani, pozdravljaju sa ‘sretna ti rana’, „da se zavede lišavanje slobode, zatvor i nekakvo drobljenje kazni po vrstama i teškoći krivice?!
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Law on Enforcement of Penal Sanctions was significantly changed in 2009. Legal innovations have introduced a possibility of execution of prison sentence at home and a measure of home detention. Also, the two new statutes have been enacted: Law on the Liability of Legal Persons for criminal offences and Law on Serving prison sentence for organized crime. While in the first statute penal sanctions for legal persons and provisions for their execution are defined in the usual manner with possibility to impose the following sanctions: fine, measure of termination of legal persons and two security measures (prohibition to engage in certain activities and pronouncement of verdict), the second statute solutions can be critized for many reasons. First, denomination of the Law is not adequate because its provisions also apply on offenders convicted for crimes such as terrorism, genocide, war crimes, serious violations of international criminal law as well as for helping these offenders.
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The article is devoted to an analysis of the organisation and operation of the system of death penalty execution in post-second-world-war Poland, and the dependence of the solutions applied by the NKVD. The investigation moves from the questions of legal grounds, via the organisation of execution squads, their equipment and uniforms, to the technical questions of the actual administration of death penalty.
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The main aim of this article is to outline the concept of criminal responsibility emerging from John Finnis’s natural law philosophy. Finnis accepts the retrospective point of view of punishment (retribution), rejecting the idea of social reintegration (re-socialization, rehabilitation). Only aim of the punishment is to restore the so called social balance, violated by crime. The key to Finnis’s approach is that crime, responsibility, justice and punishment are understood in terms of the natural law tradition. Finnis’s concept of the criminal responsibility is treated as the starting point for reinterpretation of classical (or traditional) retributivism in the spirit of natural law. Moreover, the reinterpretation takes into account the critical comments formulated by scholars from the so called radical criminology, abolitionism, and penal minimalism.
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According to Art. 119 § 1 of the Violations Code, an offender who steals a movable property which value does not exceed a quarter of the minimum wage is liable for a misdemeanor and not for a crime or an offence. Art. 130 § 3 of the Violations Code specifies the term “personal violation”, however “violence against a person” is a constituent element of a crime of robbery. The issue of the potential correlation between those two terms has been broadly discussed both in legal literature and jurisprudence. The wording of the Art. 130 § 3 of the Violation Code is correlated with the terminology used in the 1969 version of the Penal Code, in which “personal violation” was a constituent element of the crime of robbery.
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This article aims at analysing the punitive measure in the form of a ban on participation at mass events in the view of the criminal law. The study refers to not only the ratio legis of implementing that institution but also to the statutory prerequisites determining the justifiability of adjudicating that measure. Further, the article also presents possible forms of the said ban, as well as the legal consequences related to the infringement thereof. In the end notes, the study highlights the basic interpretation diffi culties related to the application of the discussed regulation. Furthermore, the article expresses the view that ensuring security during mass events requires, in fact, the application of a number of mechanisms, both of a legal and an extralegal nature.
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The subject of this article is the understanding of undue influence, more precisely threats on the will of testator, in Polish Civil Code, German BGB and French Code civil. The aim of the paper is to examine how the term of undue influence on the will of testator is understood in legislative works and court cases. There are just a few cases about a threat on the will of testator in each country. Therefore, it turned out that it is necessary to show others solutions about protecting his will.
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