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Zasada trafnej reakcji karnej – art. 2 § 1 pkt 1 k.p.k. po nowelizacji z dnia 27 września 2013 roku

Author(s): Krzysztof Woźniewski / Language(s): Polish Issue: XXXIII/2015

The article is devoted to the analysis of the legal meaning of one of the fundamental principles of the criminal process that is called the principle of accurate criminal response(repression) expressed in art. 2 § 1 point 1 of the Code of Criminal Procedure in its new normative shape provided by the amendment to the Code of Criminal Procedure adopted by the Parliament in September 2013. De lege lata its legal sense can be reduced to the directive that the offender should be detected and prosecuted and the innocent should not incur criminal liability. After the amendment of 2003 art. 2 § 1 p. 1 received a new wording:the offender should be detected and prosecuted and the person who has not been proven guilty should not incur criminal liability. Due to the above change, the Author considers possible procedural consequences for the participants of a criminal process and analyzes the meaning of the legal principle of material truth (art. 2 § 2 of the Code of Criminal Procedure), which has not been amended but can lead to the procedural reconstruction.

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Referendarz sądowy w postępowaniu karnym (uwagi na tle Projektu zmian w kodeksie postępowania karnego)

Author(s): Krzysztof Woźniewski / Language(s): Polish Issue: XXXI/2014

The article is an attempt to look more closely at the institution of court referendary, who is a judicial authority introduced to criminal proceedings in 2011. Ills initial role,which was to help in the course of proceedings, and significance are going to be expanded under the government’s draft bill to amend the Code of Criminal Procedure, the Criminal Code and certain other laws, which was submitted to the Parliament in November 2012 (Sejm’s document No. 870). The Author presents the characteristic of a court referendary as a body of legal protection as defined in the case law of the Constitutional Tribunal. The Tribunal allows to perform some activities by court referendaries in civil proceedings, not seeing any significant legal obstacles to provide them with some competence also in criminal proceedings. I low ever, the kind of competences court referendaries would be entitled to perform after the entry into force of the draft amendment raises some doubts. It is pointed out that in any case, a court referendary may be eligible for activities related to decisions regarding criminal charges. A large part of the article is also devoted to procedural interactions between the two judicial bodies which are a court and a court referendary. The shape of this relationship emerging from the draft demonstrates its vague nature.Providing the two bodies of different status with the same competencies may give rise to disputes in practice. In this context the problem of the independence of court referendaries is also discussed.

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Criminal offences of piracy in Polish criminal legislation

Author(s): Kamil Frąckowiak / Language(s): English Issue: 1/2015

The author of the article made an attempt to thoroughly analyze prohibited acts aimed at penalization of the criminal actions closely connected with piracy. Perpetrators of maritime offences committed on both open and inland sea– in case when they will be under the jurisdiction of the Polish law – can commit prohibited acts included in chapters XIX, XX, XXXII and XXXV of the Polish Penal Code of 1997, which are respectively aimed against health and life, common security, public order and property, of course this set of acts is not completed. It is not possible to predict all of the pirates’ actions. However,especially perpetrators (pirates), can – by their actions – fulfill such characteristic features of offences as: taking a ship into possession (art. 166 of the Penal Code), placement on the ship dangerous device or substance (art. 167 of the Penal Code), piracy (art. 170 of the Penal Code), participation in an organized crime or gang (art. 258 of the Penal Code).Summing up, taking into account the author’s aim of the description of offences in terms of piracy in Polish criminal law, only the problems connected with maritime aspects of prohibited acts were described.

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Emotion Work in the Context of the Resocialization of Youth in Correctional Facilities in Poland

Author(s): Piotr Chomczyński / Language(s): English Issue: 2/2017

This article reflects on the "emotion work" undertaken by youth in correctional facilities and the impact of such work on the resocialization process, which occurs in conditions of partial isolation. The author attempts to adapt the psychological concept to the educational activities offered in youth correctional facilities. He defends the idea that an inmate's emotion work, which occurs through the inmate's relations with the personnel, provides the basis for effective resocialization activities. He discusses activities to help boys and girls in correctional facilities develop accepted social mechanisms for managing their negative emotions. The findings presented in the article rest on seven years of qualitative research in resocialization centers of all types throughout Poland. The principle of triangulation in regard to method, researcher, and data was used for the research. For analysis of the empirical material, an interpretative paradigm was used to grasp the interactive nature of emotion work and the emergence of negative emotions.

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Violence Towards Sex Workers. Analysis Based on Research into the Field of Indoor Sex Work in Poland

Author(s): Izabela Ślęzak-Niedbalska / Language(s): English Issue: 2/2017

The article presents the notion of violence in indoor sex work in Poland. It encompasses forms of violence experienced by female sex workers from their clients and co-workers. What is more, the paper presents how novice and more experienced workers define those experiences, together with the strategies that they apply when dealing with aggressive clients. Also discussed are the actions taken against the clients that present aggressive behavior by the managers and security workers of escort agencies.The article is based on qualitative field research carried out in escort agencies in Łódź, Poland. The main techniques of data collection comprised observations and unstructured interviews. The data were analyzed in accordance with the grounded theory methodology.

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Orumo Kategorija Bausmės Koncepcijoje

Author(s): Brigita Kairienė / Language(s): Lithuanian Issue: 65/2010

The article considers human dignity as the form of her/his spiritual being and peculiarities of its functioning; discusses the concepts of punishment and reword as well as the educational aspects of punishment in their historical development; describes the approach of Thomas Aquinas to punitive education, his claim that punishment and violence are proper means to suppress the evil elements of human nature; shows that New Ages treats woman/man as the most precious being and final end. Hegel spoke about two aspects of dignity: human sublimity and limitation. In accordance with Aquinas, he justified punishment as educational means. Postmodern thinkers treat punishment as therapeutic means and demand that it has to be based on psychological and pedagogical foundations as well as on individual approach in the process of its application.

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Trafficking in Psychoactive Substances

Author(s): Marina Trenkić / Language(s): English Issue: 3/2017

The paper presents the results of the empirical research carried out at the Higher Court in Niš in the period from 01/01/2013 to 01/01/2016. On the basis of the statistical data collected on narcotics-related crimes, the paper shows how many final judgments were imposed for each of these criminal offences in the observed period. Most commonly, these crimes are directly committed by young men, whereas women are mostly complicit in these criminal offences. Given the fact that the number of criminal offences related to narcotics increases year after year, it may be concluded that the abuse of psychoactive substances represents an unsolvable problem. The research was aimed at determining the number of judgments rendered for the criminal offences of complicity, as well as the most commonly trafficked narcotics, where marijuana seems to prevail. The research was also aimed at examining the penal policy pertaining to criminal offences related to narcotics, including both criminal sanctions and safety measures imposed on the perpetrators of these criminal offences.

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A New Function of Prison Industry and Private Prisons in Developed Countries, and the Possibility of their Implementation in the Republic of Serbia

Author(s): Emil Turković / Language(s): English Issue: 4/2017

In the 1990s, various countries had a different approach to the problems related to prisoners’ labor. In the United States, the concept of prison labor could survive only in such developed states as New York, Pennsylvania and Massachusetts which could cope with the burden of keeping unproductive prisons. Under the impact of the penal reform and upon the adoption of new penal legislation in these states, the old American tradition of labor prisons gave way to a new standard which implied that convicted offenders had to learn different crafts while in prison but they were excluded from the public labor market when at large. The new industrial program, which was thus engendered, has significantly contributed to spreading the reformist functions of prison labor. Organized prison labor had always been strongly supported by penal reformers in the north of the United States but, in the mid-1980s, as the penal reformers moved away from that part of the United States, the concept of organized prison labor no longer had a significant political and legislative impact. The influence of penal reformers and the idea of instituting convict labor (but without competition in the labor market) had a strong influence on government politicians both at the federal and state government levels. The reformers endeavored to ensure the prisoners’ welfare and enable all prisoners to work and participate in the labor market as competitive workforce, both by leasing their labor and through the sale of final products on the free market.

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Suspended Sentence in Criminal Legislation of the Republic of Serbia

Author(s): Dragana Spasić / Language(s): English Issue: 4/2017

Suspended sentence, as a cautionary measure, is one of the most frequently applied criminal sanctions. As such, it exists in almost all modern legislations. In this paper, after providing a brief overview of the historical development of the suspended sentence, the author analyzes the concept of a suspended sentence in the criminal law of the Republic of Serbia, by focusing on the concept and characteristics of suspended sentence, conditions for imposing a suspended sentence, revocation of a suspended sentence, as well as a suspended sentence with protective supervision. The second part is dedicated to the application of suspended sentence in domestic judicial practice. On the basis of statistical data, the author presents a comparative overview of the frequency of pronouncing suspended sentence in three time periods (the 1970s, the 1990s, and after the democratic changes in 2000), which were marked by different political, economic and other societal characteristics.

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Zobowiązanie do pracy jako środek wychowawczy w resocjalizacji nieletnich w świetle badan pilotażowych

Author(s): Justyna Kusztal / Language(s): Polish Issue: 1/2017

The purpose of this paper is to analyze legal regulations and legal practice in the area of adjudicating by juvenile courts an educational measurement in the form of an obligation to undertake work service by juvenile offenders. Work service adjudicated with respect to juvenile offenders does not explicitly occur in court statistics, which is caused by the specific conditions characteristic of the Polish system, as well as the methods of gathering and developing statistical data in the justice system. Nevertheless, the analysis of the source literature, along with the results of long-term observations of the functioning of the system of social prevention and rehabilitation of juvenile offenders, allow to conclude that work service is of considerable educational and rehabilitative importance in relation to the juvenile offenders from dysfunctional families, in which children do not receive a work-oriented education and socialization, as well as the children and youth from families with middle and higher social and material status. In the era of the fluctuating unemployment rate, affecting mainly young people – graduates of schools of various levels, the issue of education for work and at work seems to be topical and definitely needs more in-depth and multi-faceted analyses.

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Inequality of Imprisonment in Europe. The Polish Perspective

Author(s): Celina Nowak / Language(s): English Issue: 1/2011

This article deals with the execution of the penalty of deprivation of liberty. I assert that different criminal policies applied in European countries make the prison population grow and lead to the overcrowding of prisons.

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ПРО ДЕЯКІ РЕЗУЛЬТАТИ НАУКОВИХ ДОСЛІДЖЕНЬ, ПОВ’ЯЗАНИХ ІЗ ЗМІСТОМ ДІЯЛЬНОСТІ ПЕРСОНАЛУ ОРГАНІВ ТА УСТАНОВ ВИКОНАННЯ ПОКАРАНЬ УКРАЇНИ

Author(s): Oleksandr Kolb,Veronika Remeha / Language(s): English,Ukrainian Issue: 1/2017

The article deals with the issues related to the definition of the content of the concept of "staff of bodies and institutions for the execution of sentences, as well as the analysis of scientific developments on the mentioned issues in the context of reforming the scope of punishment of Ukraine, which determined the need for their conduct in terms of relevance and theoretical and applied significance.

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ПРО ДЕЯКІ РЕЗУЛЬТАТИ НАУКОВИХ ДОСЛІДЖЕНЬ, ПОВ’ЯЗАНИХ ІЗ ЗМІСТОМ ДІЯЛЬНОСТІ ПЕРСОНАЛУ ОРГАНІВ ТА УСТАНОВ ВИКОНАННЯ ПОКАРАНЬ УКРАЇНИ

Author(s): Serhii Kolb,Ihor Vasyliuk / Language(s): English,Ukrainian Issue: 1/2017

The article deals with the state of scientific research, the subject of which is the activity of staff of penal institutions and institutions, and also the necessity of their activation in connection with the relevance and practical significance of solving this problem in modern conditions of reforming the sphere of execution of punishments of Ukraine.

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ПРО ДЕЯКІ ПРОБЛЕМИ, ЩО СТОСУЮТЬСЯ ЗМІСТУ ДІЯЛЬНОСТІ ПЕРСОНАЛУ ОРГАНІВ ТА УСТАНОВ ВИКОНАННЯ ПОКАРАНЬ УКРАЇНИ

Author(s): Ivan Kolb,Yurii Novosad / Language(s): English,Ukrainian Issue: 1/2017

The questions concerning the content of staff of penal institutions and Ukraine, and the stages of formation of organizational, legal an do the principles that define its powers, functions and tasks, taking into account historical, social and political conditions (1970-1191 years).

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ДОСЛІДЖЕННЯ ПОНЯТТЯ КРИМІНАЛІСТИЧНЕ ЗАБЕЗПЕЧЕННЯ РОЗСЛІДУВАННЯ ЗЛОЧИНІВ ВЧИНЕНИХ В УСТАНОВАХ ВИКОНАННЯ ПОКАРАНЬ В УКРАЇНІ

Author(s): Batiuk Oleh / Language(s): English,Ukrainian Issue: 3/2017

In the scientific article the author investigates the history of the formation in the science of criminology of the notion of forensic provision of investigation of crimes in general, and in penitentiary institutions in particular. Based on the analysis of the views of leading criminologists both in Ukraine and abroad, the author investigates the elements of the concept of forensic provision of crime investigation, defines its two levels, and proposes the definition of the concept of criminological assurance of crimes committed in penitentiary institutions. The author creates scientific ideas about the theoretical foundations, legal support, organizational support, scientific and technical and scientific and methodological support, teaching and methodological support, material and technical support for the investigation of crimes in penitentiary institutions. The article proposes to consolidate general and special tasks forensic provision of investigation of crimes committed in penitentiary institutions in Ukraine.

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DESISTANCE, CULTURE, AND THE DELIVERY OF JUSTICE

Author(s): Segev Dana / Language(s): English Issue: 3/2017

Little attention has been given to comparing desistance processes across different countries. Moreover, it is difficult to find research that provides an in-depth comparison into how broader social factors (such as the economy, social institutions and familial patterns) may shape the ways in which people desist in different countries.

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ІСПИТОВИЙ СТРОК: ПРОБЛЕМИ ЗАСТОСУВАННЯ ТА ПЕРСПЕКТИВИ ВДОСКОНАЛЕННЯ

Author(s): J. Fidria / Language(s): English,Ukrainian Issue: 1/2015

The article is devoted to the analysis of the current state of the release application from serving punishment with probation in Ukraine. The scientific debate on the complex of issues connected with probation term and its establishment is highlighted. Legal nature and the importance of probation term, criteria of its duration determination are analyzed. The prospects of the introduction to the Criminal Code of Ukraine the possibility of prolonging and reducing a probation term are examined, an inappropriateness of the realization of these prospects is grounded. Problems of the time limits establishment of probation term are analyzed. According to the results of this research a number of proposals concerning the improvement of the criminal legislation of Ukraine, which regulates the process and grounds of the release from serving punishment with probation, are formulated.

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МІЖНАРОДНО-ПРАВОВИЙ ДОСВІД ЗАБЕЗПЕЧЕННЯ РЕЖИМУ ВИКОНАННЯ І ВІДБУВАННЯ ПОКАРАННЯ У ВИДІ ПОЗБАВЛЕННЯ ВОЛІ

Author(s): Tetiana Myroniuk / Language(s): English,Ukrainian Issue: 3/2016

This article provides a brief analysis of the main international legal instruments, rules which regulate the mode of execution and serving sentences of imprisonment. Comparison for compliance with the legislation of Ukraine with international standards. The analysis of legislative regulation providing the performance and penal around the world.

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ПРОБЛЕМА ЗАБЕЗПЕЧЕННЯ ПРАВ ЗАСУДЖЕНИХ У КРИМІНАЛЬНО-ВИКОНАВЧІЙ СИСТЕМІ УКРАЇНИ

Author(s): N. V. Ryabykh / Language(s): English,Ukrainian Issue: 1/2013

In the scientific article author identified problems ensuring the rights of prisoners in the Criminal Executive system of Ukraine, made analysis of the legal framework for these problems. The author offers new ways and means of solving the problems of the rights of prisoners in the Criminal Executive system through amendments to the normative acts that ensure the rights of prisoners.

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УБИСТВО У ФРАНЦУСКОМ КРИВИЧНОМ ПРАВУ

Author(s): Dragan Jovašević / Language(s): Serbian Issue: 71/2015

The most dangerous forms and aspects of violent crime are criminal offences against life and bodily integrity of others, which are generally designated as acts of homicide. The most prominent among these criminal offences is the crime of murder. Due to the significance, legal nature, characteristics and consequences of this criminal act, all contemporary legislations prescribe the most severe measures and types of punishment for the commission of this crime. There are three types of murder: 1) ordinary (common) murder, 2) murder committed under mitigating circumstances, and 3) murder committed under aggravating circumstances, which is as a rule punishable by the most severe punishment. All contemporary criminal legislations, including French legislation, recognize various types and forms of murder, depending on the classification criteria. The most prominent forms of murder are those involving various motives that induce the perpetrators to cause death to another person. In this paper, the author examines the concept, contents, characteristics, forms and elements of the crime of murder in French criminal law, discussing the theoretical and practical aspects of this issue.

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