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Phenomenological juvenile delinquency features in Republic of Macedonia during 2002-2011

Author(s): Ersin Sulejmani / Language(s): English Issue: 1/2019

Juvenile delinquency, as in many countries in the world, it is also present in Macedonia and it represents a complex social phenomenon, and as such, a thorough scientific and multidisciplinary study is necessary. Historically, juvenile delinquency is as old as mankind it has appeared in society sometimes less and sometimes more, all depending on the social and environmental circumstances of the minors. For revealing and identifying this negative phenomenon in our society, it is important to study phenomenology, respectively its different forms, its dimensions, structure and its dynamics, because only if we have a well educated and healthy youth we can have one stable society contributing for the welfare of their country.

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Challenges in adoption of domestic violence legislation in Ukraine and ensuring its effective implementation

Author(s): Kateryna Levchenko / Language(s): English Issue: 1/2019

Combating domestic violence and violence against women is important di-rection of the Gender Equality Policy and one of the priorities of the Ukrainian Government, reflected in the Action Plan on Implementation the Association Agreement between Ukraine and European Union, adopted by Cabinet of Ministers of Ukraine in October 2017, Government Decree #1106.Scientific interest to the domestic violence is connected with wide dissemination of domestic violence in Ukrainian society and necessity to find the ways to combat this crime. So, in 2018, the National Police of Ukraine has received 115,473 appeals related to domestic violence. The article is dedicated to the over-view of the main legislative documents, adopted by Ukrainian Government in 2018, the analysis of their practical implementation and formulation the main problems and obstacles in this area with the aim to propose the proper solution.The year 2018 has become a year of intensive legislative activity, developing and conducting training courses for different groups of specialists, public discussions around some legislative novel sand in formative campaigns aim fundraising awareness of different target group sand society in whole. As the result of this activity, Ukraine already has strong legislative basement to prevent and combat violence against women and domestic violence. At the same time, there are the problems on the way of implementation already adopted legislation. Among others author stresses the lack of resources, lack of knowledge and understanding the problem of domestic violence and violence against women, lack of institutional and individual capacity, and strong gender stereotypes among different categories of specialists and society in whole. The authors has concluded that intensive trainings for different groups of specialists are so important for effective implementation of adopted legislation and has presented the best practices of such activity.

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Nowelizacja art. 37a k.k. na mocy ustawy z 19 czerwca 2020 r. w świetle racjonalnych celów karania

Author(s): Jan Kluza / Language(s): Polish Issue: 1/2022

Article 37a of Penal Code was significant changed due to the amendment of 19 June 2020. This provision was introduced into the Penal Code in 2015 and was aimed at limiting the use of imprisonment in relation to minor offenses, but only punishable by imprisonment. In 2020, this direction of changes was partially reversed by increasing the requirements for the application of Art. 37a of the Penal Code, which was met with numerous doubts.

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Administracyjnoprawny status zakładu karnego

Author(s): Marian Masternak / Language(s): Polish Issue: 56/2022

The aim of the article is to analyze the legal position of prisons as entities established to perform administration providing services in the field of public security. The considerations contained in the work confirm the thesis that these entities have all the features of public (administrative) establishments, therefore, to fully present their role, tasks, organization, and principles of operation, it is worth referring to the achievements of the theory of an administrative establishment. Considering administrative and legal aspects in research on the issues of prisons is a significant complement to criminal law, criminological and sociological research.

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Pandemia COVID-19 a bezpieczeństwo funkcjonariuszy i osadzonych w zakładach karnych – zmiany i zagrożenia

Author(s): Adriana Dróżdż / Language(s): Polish Issue: 1/2022

The aim of this article is to discuss the concept of security in the context of Prison Service officers and inmates, as well as to perceive and present the changes that had to be introduced in prisons due to the epidemic situation, and to describe the security risks (of the above-mentioned entities) caused by coronavirus in prisons. Taking certain measures to maintain the current level of security, both for Prison Service officers and inmates, was in a way forced by the pandemic. The article aims to show answers to the following questions: Has the pandemic affected the visits of loved ones and how? Have the measures needed to maintain hygiene by prisoners been increased and what measures have been taken? Has the pandemic affected the employment of detainees and how? Were there any limitations related to the classes conducted for inmates and what difficulties did the practitioners have to face? Do prisoners have a right to pray? Were prisoners involved in pro-social work related to the pandemic? The basic research method to achieve the above-mentioned objectives is the analysis of the literature and available source materials on the subject of generally understood security, as well as issues related to the security of officers and inmates in prisons during the COVID-19 pandemic.

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POLIMORFIZM NARKOTERRORYZMU. TERRORYSTYCZNA DZIAŁALNOŚĆ KARTELI NARKOTYKOWYCH CZY FINANSOWANIE TERRORYZMU Z HANDLU NARKOTYKAMI

Author(s): Robert Bobkier / Language(s): Polish Issue: 42/2022

Narcoterrorism does not have a clear definition. This term may mean the use of terrorist methods of operation by organized crime groups, as well as the financing of terrorist activities from drug trafficking. There are a dozen or so divergent expressions of this phenomenon, differing depending on the emphasis placed on the first or second part of this complex expression. It must be recognized that narcoterrorism is a polymorphic phenomenon. In the first of the cited meanings, it refers to the activities of Colombian and Mexican drug cartels, using violence in order to influence state policy or exert pressure on governments. The victims of narcoterrorism under- stood in this way are estimated in Mexico at tens of thousands per year. The second meaning of the phrase is exemplified by the example of Afghani- stan, a country that became a world center for the production of opiates (heroin) under the Taliban rule. As a result of the events of the 1990s, the Muslim-dominated countries of the Western Balkans became the European distribution center for Afghan drugs and the base for jihadists. Both of the discussed forms of narcoterrorism may pose dangers for Poland.

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KAZNA DOŽIVOTNOG ZATVORA U KRIVIČNOM ZAKONODAVSTVU U BOSNI I HERCEGOVINI I DRŽAVAMA REGIJE

Author(s): Amar Lukavačkić / Language(s): Bosnian Issue: 1/2022

Life imprisonment is a sentence that is imposed for the most serious crimes and the most serious forms of serious crimes (aggravated murder, child abuse, serious forms of rape, genocide, terrorism etc). One of the modern tendencies in criminal law is the introduction of life imprisonment as the better and more humane alternatives to the death penalty. Its introduction replaces the sentence of long-term imprisonment, which may be imposed in some legislations for criminal offenses punishable by life imprisonment. In this regard, the advantages and disadvantages of life imprisonment and the death penalty will be analyzed to determine whether life imprisonment is indeed more humane than the death penalty. The sentence of life imprisonment may, under certain conditions, constitute a violation of the prohibition of torture guaranteed by Article 3. of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It is precisely with this sentence that it is most controversial if the person convicted according to national law has no prospects of being paroled after serving a certain number of years, that is, of the same sentence being irreducible. It is important that a person sentenced to life imprisonment has the right to know at the beginning of the sentence what and under what conditions he must do in order to consider his release, as well as to know when his sentence will be reviewed or when he can request it. The paper offers information on the legal solutions of the countries of the region related to this punishment, individual cases from the case law of the European Court of Human Rights and the frequency of sentencing in this area where it is represented.

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THE IMPACT OF PRISONER’S EMOTIONAL RESPONSIVENESS ON EDUCATIONAL OUTCOMES

Author(s): Maruta Sile,Diāna Liepa / Language(s): English Issue: 1/2012

This paper reviews the evidence on the impact of the inmate emotional responsiveness on educational outcomes. There are two main reasons why researchers in this field believe in prison education that may reduce a future criminal activity. The first reason involves the impact of the increased cognitive skills and changes in behaviour but the second reason acclaims that participants can learn how to live a crime-free life by participating in education courses. The research aim is to explore the impact of the prisoners’ emotional responsiveness to learning during the learning process at Ilguciema prison. In the research the authors analyse theoretical sources and research data. The research includes the analysis of pedagogical, psycho-pedagogical literature as well as Acts of Legislation. The results were analyzed on the basis of the data from the questionnaires, observation and reflection as well. The results were analysed on the basis of the examination of the interplay of data by means of the quantitative mathematical statistical program SPSS 17.0 (Statistical Package for Social Sciences). In the research pedagogical pre-conditions that foster the inmate emotional responsiveness have been defined. It is concluded that the inmate emotional satisfaction created by steady developmental and educative sessions may provoke emotional responsiveness as well as would diminish the inmate personality degradation; also, the psychological atmosphere would improve in prison cells and the ties with life in freedom/ outside the prison walls would be strengthened as well.

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TRGOVINA LJUDIMA U BOSNI I HERCEGOVINI

Author(s): Amina Smailhodžić,Amila Taljanović / Language(s): Bosnian Issue: 2/2022

Trafficking in human beings endangers human rights and fundamental freedoms. The aim of the research is: to find out about the prevalence of this phenomenon in Bosnia and Herzegovina, to determine the causes of human trafficking and to identify the most vulnerable group that would be a potential victim of human trafficking. The methodology of data collection is based on qualitative and quantitative research. It is concluded that human trafficking changes characteristics very quickly and transformes into new forms. The transformation of this problem has resulted in the fact that human exploitation does not apply to sexual exploitation.

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Identifying mental illness and monitoring mental health in probation service settings

Author(s): Charlie Brooker,Coral Sirdifield,Thomas Parkhouse / Language(s): English Issue: 3/2022

There is a need to improve a) identification and monitoring of people with mental illness on probation and b) understanding of the impact of interventions on mental health outcomes for the probation population. If data were routinely collected using validated screening tools and shared between agencies, this could inform practice and commissioning decisions, and ultimately it could improve health outcomes for people under supervision. The literature was reviewed to identify brief screening tools and outcome measures that have been used in prevalence and outcome studies conducted with adults on probation in Europe. This paper shares findings from the UK-based studies in which 20 brief screening tools and measures were identified. Recommendations are made based on this literature regarding suitable tools for use in probation to routinely identify a need for contact with mental health and/or substance misuse services and to measure change in mental health outcomes.

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Mental health and probation supervision in Ireland

Author(s): Christina Power,Gerry McNally / Language(s): English Issue: 3/2022

In 2019, three internal studies were conducted in the Irish Probation Service exploring mental health among persons subject to probation supervision. This paper briefly considers, as context for the studies, the Irish and wider international literature exploring mental health problems among those engaged with probation services and outlines the key findings from the three studies. The studies though limited in scale, scope and methodology were consistent in identifying recurring themes supporting the broader research literature highlighting the prevalence of mental health problems among probation service clients. The paper discusses the key findings and implications for probation policy and practice, and looks to ongoing developments and related new initiatives in the field in Ireland.

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Psychological Services to support probation in Northern Ireland and Malta

Author(s): Chantal Avellin,Geraldine O’Hare,Sandra Scicluna / Language(s): English Issue: 3/2022

Two Probation Services, the Probation Board for N. Ireland and the Department of Probation and Parole in Malta, that directly employ Psychologists, have come together to write this article, describing how psychological services have been developed over the years to support and add value to the work of Probation services. This article will describe the development of the two services, the psychological assessments and the interventions they deliver, that enhance the work carried out by probation officers. The benefits of this specialist role within the wider justice system will also be considered. The authors will highlight key principles of good practice and the learning for probation services for the future.

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The role of the specialist mental health probation officer

Author(s): Yvonne Morick,Katharina Heitz / Language(s): English Issue: 3/2022

Individuals on probation have a high prevalence of health problems when compared to the general population. For them it is often difficult to access health treatment. Thus, improvement of mental health and access to mental health services could increasingly become a role of the probation officer. In Europe, there is less data about the use of specialty mental health probation (SMHP) than in the United States (US). In a survey for the Council of Europe, Brooker and Monteira (2021) summarized the practices of probation services and prisons among European countries. The authors alluded to useful initiatives in German states. One example is Baden-Wurttemberg, where some probation officers are trained to be mental health specialists (Brooker and Monteira 2021: 16). The main difference between the SMHP model in the US and the model in Baden-Wurttemberg is that the specialist in mental health in Baden-Wurttemberg does not necessarily care exclusively for individuals with mental illnesses, but rather serves as a source of expert knowledge to colleagues and assists with case consultations. Thus, the probation officer does not focus exclusively on one topic (mental health) and can take a holistic view of each individual case.

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The bridging program for social reinsertion. Early detection of people with serious mental illness who are prosecuted in Spain

Author(s): R. Alvarez-Crespo,Jose Manuel Arroyo-Cobo,L. Negredo-Lopez / Language(s): English Issue: 3/2022

A high prevalence of mental health problems is found in people sentenced to alternative non-custodial measures. This paper analyses the data obtained during a year of operation of the Extended Bridge Program of the Secretaria General de Instituciones Penitenciarias (SGIP) which aims to detect and care for people with serious mental illness, who could comply with a judicially imposed measure by participating in specific intervention programs, improving their health, their adherence to treatment and promoting their inclusion in the society, through psychosocial rehabilitation interventions.

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What does Dame Carol Black’s review of drug and alcohol misuse services mean for probation services?

Author(s): Kevin Ball / Language(s): English Issue: 3/2022

The Review of Drugs in two parts by Dame Carol Black (2020, 2021) has put new life into the case for properly resourcing substance misuse services in England and Wales. The Black Review has largely been accepted by the UK Government; Dame Carol’s analysis and recommendations have been the catalyst for additional funding and a renewed policy focus upon enforcement, treatment and prevention of drug misuse. Nevertheless, the Review has been criticised for focussing upon low-harm recreational drugs, for lacking consideration of co-occurring alcohol and drug misuse, and for accepting the Government’s restricted remit which excluded from consideration the harms of criminalisation and the ‘war on drugs’ (Transform Drugs, 2021). The following will summarise the Black Review, and the associated research and evidence. The article also attempts to elucidate key implications for probation, and the new opportunities for probation professionals to restore their ‘fractured relationship’ (Ball and Parker, 2022) with substance misuse colleagues.

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Економічне підґрунтя злочинності та суспільні витрати на покарання злочинців

Author(s): M.V. Ivashchenko / Language(s): Ukrainian Issue: 50/2022

The article traces and calculates on the basis of analytical and statistical materials the relationship between the level of crime in the country and economic factors: the level of unemployment, the dynamics of average income and GDP per capita, budget expenditures for financing law enforcement agencies. The direct and indirect economic losses of the criminal as a result of sanctions and society from existing crime are summarized. The criteria for the optimal volume of offenses are substantiated.

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SOCIJALNE GRUPE I VOĐSTVO U ZATVORSKIM USTANOVAMA

Author(s): Ema Šahinović / Language(s): Bosnian Issue: 14/2022

Social groups were formed primarily because of more successful survival, and later because of a sense of belonging and the need to identify with others, that is, because of the affiliative and gregarious motive. The main goal of this paper is to show the way of formation and formation of social groups in prison and in this paper, we also deal with the definition of the concept of leadership and the selection of leaders in prisons, with special emphasis on the complexity and specificity of the concept of leadership in a specific prison environment. Leaders of social prison groups are usually individuals who have a relatively permanent stay in prison, and the choice of a leader in this environment differs from the choice of a leader in free groups, where the personality traits of the leader play a particularly important role.

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Zadania i uprawnienia organów ścigania karnego w zakresie zwalczania terroryzmu w Polsce – perspektywa prawna

Author(s): Piotr Burczaniuk / Language(s): Polish Issue: 2 (2)/2022

W artykule podjęto temat zadań i uprawnień organów ścigania karnego w zakresie zwalczania terroryzmu w Polsce i zaprezentowano go z perspektywy prawnej. Pomimo istnienia literatury poświęconej polskiemu prawodawstwu antyterrorystycznemu ta tematyka wciąż pozostaje ciekawa i niewyczerpana, głównie z uwagi na brak kompleksowych, a jednocześnie zwięzłych opracowań ujmujących zadania wskazanych organów z perspektywy czterech faz realizowania czynności antyterrorystycznych. Składają się na nie działania zapobiegające zdarzeniom o charakterze terrorystycznym – powierzone do koordynacji Szefowi Agencji Bezpieczeństwa Wewnętrznego oraz działania w zakresie przygotowania do przejmowania kontroli nad zdarzeniami o charakterze terrorystycznym, reagowania w przypadku wystąpienia takich zdarzeń oraz odtwarzania zasobów przeznaczonych do reagowania na te zdarzenia – powierzone do koordynacji Ministrowi Spraw Wewnętrznych i Administracji. Opisu przedmiotowej problematyki dokonano z perspektywy systemu antyterrorystycznego, zarówno w ujęciu podmiotowym – przez wskazanie organów zaliczanych do tego systemu i ich zadań, jak i przedmiotowym – przez przedstawienie procedur działania antyterrorystycznego, w ramach których są realizowane uprawnienia tych organów. Niniejsze opracowanie jest próbą całościowego omówienia tej problematyki, z uwzględnieniem ponad sześciu lat doświadczeń związanych z funkcjonowaniem Ustawy z dnia 10 czerwca 2016 r. o działaniach antyterrorystycznych. [This paper presents the tasks and powers of the law enforcement authorities in Poland in the area of combating terrorism from a legal perspective. Despite the vast amount of literature on this subject, this topic is still interesting, in particular due to the lack of comprehensive yet concise works presenting the tasks of the abovementioned authorities from the perspective of four phases of antiterrorist activities. These phases consist of both actions of preventive nature, coordinated by the Head of the Internal Security Agency (ABW), and actions carried out to take control of terrorist incidents, ensure response and restore the resources necessary to take control of such incidents, coordinated by the Minister of the Interior and Administration. The problems referred to above are presented from the perspective of the Polish system of combating terrorism. This paper analyses both its institutional scope, by indicating the authorities forming part of the system, and its material scope, by characterising procedures of anti-terrorist actions according to which the competent authorities carry out their tasks. This paper attempts to analyse these issues comprehensively and briefly. Furthermore, the considerations are supported by an empirical study of experiences accumulated since the Act of 10 June 2016 on anti-terrorist activities came into force.]

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Tasks and powers of criminal law enforcement authorities in combating terrorism in Poland - a legal perspective

Author(s): Piotr Burczaniuk / Language(s): English Issue: 2 (2)/2022

This paper presents the tasks and powers of the law enforcement authorities in Poland in the area of combating terrorism from a legal perspective. Despite the vast amount of literature on this subject, this topic is still interesting, in particular due to the lack of comprehensive yet concise works presenting the tasks of the abovementioned authorities from the perspective of four phases of antiterrorist activities. These phases consist of both actions of preventive nature, coordinated by the Head of the Internal Security Agency (ABW), and actions carried out to take control of terrorist incidents, ensure response and restore the resources necessary to take control of such incidents, coordinated by the Minister of the Interior and Administration. The problems referred to above are presented from the perspective of the Polish system of combating terrorism. This paper analyses both its institutional scope, by indicating the authorities forming part of the system, and its material scope, by characterising procedures of anti-terrorist actions according to which the competent authorities carry out their tasks. This paper attempts to analyse these issues comprehensively and briefly. Furthermore, the considerations are supported by an empirical study of experiences accumulated since the Act of 10 June 2016 on anti-terrorist activities came into force.

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Probační dům jako možnost realizace podmíněného propuštění z výkonu trestu odnětí svobody s dohledem

Author(s): Adéla Stodůlková,Kateřina Cilečková / Language(s): Czech Issue: 3/2017

The predominantly theoretical article deals with supervised conditional release from prison and the potential for the field of social work with respect to conditionally released persons. The article mentions the theoretical starting points of both the retributive and restorative approaches to justice and the negative and positive aspects of both variants. It also addresses the status and responsibilities of the Probation and Mediation Service of the Czech Republic as a special body that brings together particular elements of social work and ways of dealing with crime. The article traces information on the process surrounding conditional release from imprisonment from the point of view of the individual actors involved in the process. The conclusion of the article discusses the „Probation Half-way House“ pilot project which was conducted by the Ostrava-based Nová šance (New Chance) non-profit organisation, and which aimed to broaden the range of options open to persons entitled to conditional release from prison. The aims of the project were to provide clients in the context of social work with a safe transition from a highly-regulated life in prison to an often very demanding life at liberty and to address, in particular, the integration and resocialisation of men into society following imprisonment and the support and assistance available for achieving the aims of the target group on the one hand, and protecting society against a relapse into crime and homelessness on the other. With respect to future developments, the Prison Concept Strategic Programme of the Ministry of Justice of the Czech Republic envisages the existence of probation half-way houses before 2025.

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