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„Przestępstwa bez ofar” – zapomniana koncepcja… czy aktualny problem kryminalnopolityczny?

Author(s): Wojciech Dadak / Language(s): Polish Issue: 2/2016

The issue of ‘crimes without victims’ currently is rarely studied in criminology. It`s still an interesting startingpoint for the analysis of the regulation and the application of criminal law. Penal policy in respect of the offenses that cause harm to the perpetrators of the act should take account of their specificity. The specificity is described precisely within the concept of Edwin Schur and Hugo Bedau. It remains relevant until this day.It`s importance is even growing, since it increases the size of the crime defined as a crime without victims. Transactional nature of these crimes is particularly clear in the case of drug offenses, corruption and crime affecting the financial interests of the state. These types of crime are currently a significant problem in criminal law and criminology.

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Zagrożenia bezpieczeństwa dziecka w cyfrowej dekadzie w świetle standardów europejskich. rola Policji

Author(s): Katarzyna Badźmirowska-Masłowska,Jacek Rosa / Language(s): Polish Issue: 1/2023

The article is an attempt to bring closer the issues related to the transforming image of threats to child safety in the digital decade in the context of the changing role of the Police in counteracting them. The most important threats that a child may encounter both in the real and virtual world are described, taking into account the particularly negative implications of the COVID-19 pandemic. In this perspective, reference was made to those aspects of EU legal acts, mainly from the years 2020–2022, which affect the formal and practical aspects of the functioning of the Police in the Member States of the European Union. Consideration of the impact of the examined documents on the tasks and duties of this formation at the national level must be preceded by an analysis of European standards, taking into account in particular the increasing role of international cooperation, and in particular the expansion of Europol's competences. Therefore, this study has a contributing character.

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INTERZICEREA OCUPĂRII UNEI FUNCŢII SAU A EXERCITĂRII UNEI PROFESII

Author(s): Elena-Giorgiana Simionescu / Language(s): English,Romanian Issue: 1/2020

Within the sanctions of criminal law, the prohibition of a position or profession is provided both as a complementary sentence and as a security measure. The distinction between the complementary punishment and the security measure of the prohibition of a function or profession lies, in the first case, from the inability of the offender to exercise the function or profession that was used to commit the crime; in the second case, from the inability that creates a state of danger that results from the inaccuracy (lack of necessary knowledge, ignorance, lack of experience, superficiality) or the psycho-physical inability of the perpetrator to exercise a function or profession, during which he committed a crime provided by the criminal law.

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DESPRE LEGALITATEA ACHITĂRII ŞI CONDAMNĂRII PENTRU ACTE MATERIALE CE FAC PARTE DIN CONŢINUTUL ACELEEAŞI INFRACŢIUNI CONTINUATE

Author(s): Remus Ionescu / Language(s): English,Romanian Issue: 1/2020

The procedure of the court to decide for a part of the actions that fall within the content of the continued crime the conviction of the defendant, and for other acts of execution of the same continued crime the acquittal, is illegal, since the actions that each present the content of the same crime do not constitute distinct crimes.

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Vielgestaltigkeit von Uniformität: Zur Bedeutung von Kleidung in totalen Institutionen

Author(s): Daniel Oelbauer / Language(s): German Issue: 2/2023

The essential features of total institutions include complete closure to the outside world and almost total surveillance of inmates within. All activities are concentrated in one place and under one authority. Inmates are condemned to a meticulously planned daily routine and their activities are carried out in pursuit of the institution's goal. Finally, the model distinguishes between staff and inmates. The former are responsible for supervising the latter. According to Goffman, five different types of institutions can be distinguished. In addition to welfare institutions and institutions for the rational performance of certain work-like tasks (barracks, ship, boarding school), he calls prisons, asylums and monasteries total institutions. They serve to protect or rehabilitate the community, are havens from the world or places of contemplation, and provide healing or care for people who are unable to care for themselves and pose an unintended threat to others. Entry into the total institution involves a permanent loss of role through separation from the rest of the world. In addition, the newcomer must undergo a series of procedures that are seen as a profound break from the previous life. These include undressing and dressing in (institutional) clothing, which is imbued with symbolic meaning. This is the point of departure for this article, which seeks to answer the following research question: How does the clothing of monastic inmates, prison inmates and psychiatric patients differ both in terms of design and in terms of their supportive functions in the context of achieving the institutional goal?

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INDIVIDUALIZAREA PEDEPSEI ÎN CAZUL INFRACȚIUNII DE TRAFIC DE MINORI. INCIDENȚA ERORII JUDICIARE

Author(s): Delia Mihaela Marinescu / Language(s): English,Romanian Issue: 2/2021

The right to liberty and dignity of vulnerable persons are fundamental components of human rights, which, by their importance, imply strict regulatory protection. The commission of the crime of trafficking in minors causes multiple problems in the jurisprudence, including from the perspective of the individualization of the sentence, which leads to the need to establish concrete criteria for the dosage of the sentence, which must be respected in order to respect the rights of the defendant and guarantee the right to a fair trial. In the work of the courts, it is essential to apply the legal provisions and adapt the legal criteria to the situation before the court, including to avoid the incidence of a judicial error, which could seriously affect the rights, freedoms and interests of the defendant.

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Juvenile Community Services for the Benefit of the Local Community: In Search of Effective Methods of Resocialization

Author(s): Krzysztof Stasiak,Paweł Kwiatkowski / Language(s): English Issue: 1/2023

The article concerns juvenile community services for the benefit of the local community – an educational measure used by Polish courts. It presents research carried out using three methods: the legal-dogmatic method, the statistical method, and the case study method. The research covered 14 cases in which in 2013 the court obliged juveniles to work for the local community (nearly 1% of the total number of such rulings within this year in Poland). The results show that courts use this educational measure increasingly often, and it currently constitutes about 4% of rulings regarding educational measures aimed at juveniles. Courts most commonly use such measures against juveniles who are between 16 and 17 years old. Generally, it included 10 hours of community services for the benefit of the juveniles’ schools. Carrying out the ruling was usually managed by probation officers. The article also highlights the lack of legislation regulating the assignment and carrying out of juvenile community service. Such lack of clarity caused difficulties in carrying out the courts’ rulings.

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The prison service and its logistics as a process affecting the stability and security of the formation’s functioning

Author(s): Janusz Pietruszka,Lech KOŚCIELECKI / Language(s): English Issue: 16/2023

Objectives:The aim of the article is to present the specifics of evacuation following an emergency event in the practice of the Prison Service.Methods:The article was written based on the author’s experience while working in the prison service, as well as the document analysis.Results:The Prison Service is an elaborate organization, so its logistic service is a complex process. The primary task is the transportation of prisoners. The transportation process consists of executive activities, as well as organizational and service activities. It is essential that prisoners are transported in a way that prevents escaping from the transport and ensures the safety of all participants of the transport. Special vehicles of various configurations are used for this purpose. An additional process for the SW logistics is procurement, which requires the delivery of a range of goods and products.Conclusions:Penitentiary institutions need efficient logistical operations in order to carry out the tasks they were assigned. If the transportation system is not working properly, then the risk of not fulfilling the statutory requirements increases significantly. However, the risks are broader and may involve a greater likelihood of a successful assault on a convoy or a convict escaping from transport. In addition, low supply efficiency leads to material shortages and impedes the efficient operation of units. Thus, the Prison Service must ensure proper logistical processes without which it is impossible to achieve both the stability and efficiency of operations, as well as the safety of officers and inmates.

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Evacuation as a result of exceptional occurrences in the Prison Service practice

Author(s): Janusz Pietruszka,Lech KOŚCIELECKI / Language(s): English Issue: 16/2023

Objectives:This article aims to present the specificity of evacuationin the Prison Service practice resulting from an exceptional occurrence.Methods:The article has been written on the basis of the author's experience while working in the prison service as well as document analysis.Results:The Prison Service is one of those state dispositional services which enable its adequate protection in the face of various threats. In this case, it is about isolating offenders because they pose a real threat to public order and security. The role of the services is to prepare for emergencies to minimise the risk of injuries, deaths and damage to property that disrupt society and individual administrative systems. It is a significant challenge, as emergency events are impossible to predict, and only their probability can be estimated and preventive and mitigating actions established.Conclusions:The task of each professionally organised formation is to prepare for various circumstances, including crises. Events that require evacuation in the Prison Service are relatively rare. Evacuation under the conditions of the Prison Service is, therefore, usually a derivative of local threats: fires, natural disasters, and others, which require leaving the penitentiary institution. It should be emphasised that as prisoners serve their sentences of acute deprivation of liberty, penitentiary units must ensure their safety. This means acting in ordinary, everyday activities and responding to complex and unusual situations, including those requiring evacuation.

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Edukacja osadzonych w polskich zakładach karnych i aresztach śledczych

Author(s): Piotr Kulik / Language(s): Polish Issue: 36/2022

The aim of the article is an attempt to analyze the education system of prisoners in Poland. This work is based on the available literature. The author has attempted to answer the following questions: What were the most important assumptions and legal conditions of education of inmates in Polish penitentiary units? What is the structure and organisation of the education system in penitentiary isolation? The methodology used to create the publication was to conduct a critical analysis of legal acts and other documents available on the Internet. In the course of the literature analysis, the author points out that the legislation on education in penitentiary isolation has changed over the last hundred years, but it has always been aimed at giving inmates a chance to re-enter the labour market and prevent a return to crime.

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SELECTED PROBLEMATIC ISSUES CONCERNING PENITENTIARY PRACTICE

Author(s): Konrad Wierzbicki,Dominika Gałek,Michał Stańczuk / Language(s): English Issue: 2/2022

One of the fundamental tasks of penitentiary policy is to study the effectiveness of institutional re- habilitation activities in their practical application. It seems obvious that the Polish penitentiary experience primarily takes into account and refers to empirical research leaving in the background a number of theoretical issues that can only be properly resolved on the basis of a certain practice that bears in mind the state of knowledge of social problems. Efforts aimed at improving the justice system therefore require referring first of all to the achievements of science and recommendations resulting from scientific and research work, which, in turn, according to the authors, allows fore- casting more and more effective educational methods and measures in relation to the needs and expectations of the penitentiary system. What emerges, therefore, is the need for a more in-depth analysis of the indicated topic on the basis of current penitentiary law, the review of all existing research that has already accumulated within the given field. The design scope and the criteria developed, directly linked to the subject matter of the research, it will be possible to indicate specific proposals concerning the possibility of improving penitentiary practice according to the scientific basis. The main subject of this article is an analysis of selected issues included in the penitentiary regu- lations concerning the execution of custodial sentences in relation to the assumptions and objec- tives of the rehabilitation practice, in consideration of the methodology of this activity.

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DETERMINANTS OF CRIME AMONG PERSONS SERVING A PENALTY IN PENITENTIARY ESTABLISHMENTS

Author(s): Piotr Kulczyk,Ewa Gąsiorek / Language(s): English Issue: 2/2022

The article aims to discuss crime-related issues in the light of social pathology, as well as crime- related phenomena and processes in the field of criminology, in terms of the types and categories of crimes. It defines social pathology and one of its forms, which is criminality, and its causes. This is also the context to present the process of resocialisation in the penitentiary establishment. To discuss the main topic, the Authors present the crime-related phenomena and processes in the field of criminology and social practice, the forms and causes of crime in the families of adult detainees, the prisons and their functioning and tasks, as well as the effects of resocialisation in the support system for detainees and their families.

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DESCRIPTION OF THE OFFICIALS SERVING IN THE REGISTRATION DEPARTMENTS OF THE PENITENTIARY UNITS OF THE PRISON SERVICE

Author(s): Magdalena Markowiak,Ewa Gąsiorek / Language(s): English Issue: 2/2022

This article is concerns characterising the officials serving in the registration departments in pris- ons and detention centres. The purpose of this article is to identify the requirements the specialist personnel must meet while performing administrative tasks in the registration department in the context of the analysis of the overall structure and the complexity of the tasks performed by the officials. This article outlines the system for selecting candidate officers for the aforementioned departments.

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Franciszek Korwin-Maternicki (1815–1899) – nadzorca i ekspert więzienny, pedagog penitencjarny oraz działacz społeczny Królestwa Polskiego

Author(s): Jerzy Czołgoszewski / Language(s): Polish Issue: 1/2023

The inspiration for the biography of Franciszek Korwin-Maternicki, a representative of the prison system of the Kingdom of Poland, was the information included in the regulation of the Governmental Committee for Internal Affairs and Clergy of July 3 (15) 1853 about his achievements for the moral improvement of minors prisoners by establishing prison schools. The aim of the article is to present a little-known figure of Franciszek Korwin-Maternicki, who for 32 years served as a prison inspector in the Kingdom of Poland. The subject of the analysis will be his professional and social activities. Franciszek Korwin-Maternicki, despite the fact that he was an official representing the tsarist authority in the Kingdom of Poland, through his humanitarian activities he was an outstanding figure, both as a practitioner and penitentiary pedagogue, as well as a committed social activist.

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Resocjalizacja jako cel kary pozbawienia wolności

Author(s): Małgorzata Szwejkowska / Language(s): Polish Issue: 1/2023

Imprisonment occupies an unparalleled central place within the system of penal sanctions all over the world. In principle, the function of this kind of a penalty has remained unchanged over the centuries, which is retribution. It is assumed that the penal isolation, properly impo- sed, should, however, fulfill not only the role of retaliation, but also the social rehabilitation function. Participation of convicts in the process of their social rehabilitation finds support not only in their individual interest, but also in an important social interest. The latter fact, howe- ver, is not noticed by the public opinion, which usually sees only the privileges of individual convicts in the process of serving a sentence of imprisonment without a broader perspective of assessing this process as a phenomenon with broad social connotations.The aim of the article is to analyze how to reconcile the retaliatory and social rehabilitation functions of imprisonment in the process of its enforcement.

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Aktywność fizyczna w procesie reintegracji społecznej człowieka pozbawionego wolności

Author(s): Janusz Zieliński / Language(s): Polish Issue: 1/2023

Cooperation and social coexistence constitutes a condition of life success and goals’ realization. That is why sport, physical education or kinesthetic recreation realized in groups of young people conceives a possibility of many positive characteristic personality features’ creation. It was significant to capture relations between physical activity of persons under sentence and their progress in social reintegration. The research were conducted in two prisons in Podkarpackie Voivodeship amongst 100 men who agreed to take part in the research. There were created groups of workers and non-workers in prisons or outside as well as prisoners attending or not attending sport classes.Aggression questionnaire (BPAQ) created by A. Buss and M. Perry (Aranowska, Rytel, Szymańska 2015) as well as authorial interview questionnaire (Zieliński 2013, pp205) were used to collect research material. Research results were verified with the use of V Cramer, Chi2, C Pearson and significance level for 12 degrees of freedom.It turns out that involvement in physical activity may become one of the ways supporting process of prisoners’ recovering from maladjustment. What is curious, a type of the activity determines an intensity’s diversity of prisoner’s adversarial and destructive behaviours.

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Zróżnicowanie oddziaływań profilaktycznych wobec odmiennych typów samobójców penitencjarnych

Author(s): Agnieszka Barczykowska,Maciej Muskała,Paweł Kleka / Language(s): Polish Issue: 1/2023

The rates of suicide among persons detained in penitentiary establishments remain higher than persons of a similar age and the same sex who stay free. Conducting effective preven- tive interventions becomes, therefore, one of the critical challenges when it comes to limiting this type of behaviour. In connection with the above, the aim of the undertaken research was to 1) identify suicide attack patterns among people in penitentiary isolation and 2) indicate effective preventive strategies concerning them. The study used the method of diagnostic survey and desk research. Four types of suicides were identified in the analysis and assigned to them as evidence-based prevention strategies.

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„WZIĄŁEM TEN WYROK NA SIEBIE”. NIEPEWNOŚĆ I WSPÓŁPRACA W PERSPEKTYWIE SIECIOWEJ TEORII WYMIANY I TEORII GIER

Author(s): Robert Frei / Language(s): Polish Issue: 2/2023

A ﬁeld study has revealed that some prisoners voluntarily serve prison sentences in place of an accomplice with whom they committed a crime. The analysis was based on interviews conducted in Polish prisons. The main purpose of this paper is to reconstruct the strategies that govern this practice and confront them with the results of experiments conducted by researchers of network exchange theory. An additional goal is to assess the usefulness of this theory for modelling real exchange networks. Arguments are presented for the thesis that prisoners’ decisions meet the criteria of rational choice, and that network exchange theory used together with game theory enables the construction of models explaining social behaviour.

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Przestępstwa dokonywane przy pomocy kasy samoobsługowej - kwalifikacja prawna czynu

Author(s): Kacper Kostrzewa / Language(s): Polish Issue: 3/2023

Technological development has led to the introduction of self-service cash registers in shops, with the help of which perpetrators carry out offences usually involving scanning the bar code of a cheaper product instead of the code of the goods actually purchased by the perpetrator. Consequently, two lines of jurisprudence have emerged for the legal qualification of this act. In this article, selected case law qualifying these acts as fraud (Article 286 of the Penal Code) or as theft (Article 119 of the Penal Code and Article 279 of the Penal Code) is analysed and confronted with the position of doctrine and case law to date. Thus, the problems and contradictions involving the legal qualification of the act as fraud due to the lack of a human factor that could be misled and lead to the disposition of the thing were demonstrated. It seems appropriate to qualify this type of act as theft.

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Leadership in Canadian and French high security prisons expectations and perceptions

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Leadership in Canadian and French high security prisons expectations and perceptions

Author(s): Martine Herzog-Evans,Rosemary Ricciardelli,Jerome Thomas / Language(s): English Issue: 3/2023

The literature has yet to study the ideal type of prison leadership in the eyes of frontline staff. Methodologically, most studies draw upon written questionnaires distributed to governors, not to their staff and analyse their data without using management or human needs theories. This study contrasts with the extant literature inasmuch as it is comparative (France/Canada) and draws upon Appreciative Inquiry interviews. It also draws upon three strands of literature and their variables: the general theory of management, self-determination theory and legitimacy of justice-procedural justice theories. The study finds that French and Canadian prison officers have needs in areas uncovered in this literature: competence, relatedness, autonomy, general fairness, respect/dignity and care. Our samples have mixed feelings about their local hierarchy; they are very critical regarding their national hierarchies. Prison officers describe their managers as being essentially either laissez-faire or as transactional. Limitations and institutional policy implications are explored.

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