Teoretyczne i empiryczne przesłanki zastosowania arteterapii w resocjalizacji penitencjarnej

Author(s): Janina Florczykiewicz / Language(s): Polish Issue: 30/2016

The analysis of today’s scientific writings on prisons shows that art may turn out to be an invaluable treatment tool. Art therapy opens the way for creativity, cognition, artistic self-expression and is a means to tell about experiences which cannot be couched in words. Art therapy is based on the creative process as a healing factor. Positive effects of art therapy can be split into four categories: therapeutic, educational, social (understood in terms of the quality of prison relations) and those related to personal development. The paper intends to discuss the use of art therapy programs in correctional treatment. It outlines the legal and pedagogical aspects of such treatment, suggests the possible role of art therapy in the endeavor, and discusses theoretical and empirical premises for its application. In addition, it reflects on art therapy programs already implemented within the framework of correctional treatment. This is another voice in the debate on possible future directions to be taken by today’s correctional treatment.

Dochodzenie roszczeń cywilnych przez pokrzywdzonego przestępstwem od świadka koronnego

Author(s): Izabela Ciszek-Łudzik / Language(s): Polish Issue: 1/2018

The aim of the article is to discuss the issue of the state’s evidence institution, in particular to present civil law issues related to pursuit of civil claims by a crime victim. In connection with the rapid development of crime that can be observed in recent years, a solution that would effectively combat this phenomenon needed to be found. By the Act of June 25, 1997, the State’s Evidence Act was passed; the Act introduced a solution granting a prize in the form of not being liable to punishment for committed crimes in exchange for help in disclosing the circumstances of the offenses the state’s evidence has been aware of. The legislator, granting the state’s evidence immunity against punishment, forgot to secure the victim’s interest in the pursuit of civil claims resulting from the committed crime. A victim is basically deprived of the real possibility of pursuing civil claims from the state’s evidence. The obligation set in art. 3 par. 1 item 1 point b of the State’s Evidence Act introduced by the Act of July 22, 2006 shall be regarded as a positive solution that equalizes the chances of the weakened party, that is the victim. This regulation conditions granting of the immunity of the state’s evidence upon obligatory disclosure by the state’s evidence of their property and the property of other offenders referred to in art. 1 of the State’s Evidence Act. The article presents the position of a victim and their real chances of recovering the damage caused by the criminal group. A victim may pursue their civil claims directly from the state’s evidence, which is virtually impossible, due to the protection of personal data that is the state secret. A victim may also pursue their civil claims from other accomplices of the offense who, in the event of adjudicating the obligation to repair the damage caused, have a recourse claim against the state’s evidence.

O zbędności jednego z typów uprzywilejowanych zabójstwa – dzieciobójstwo w polskich kodeksach karnych

Author(s): Karolina Sekuła / Language(s): Polish Issue: 4/2014

Infanticide is a crime with a very interesting history. Over the centuries infanticide has come a long and complicated evolution under the influence of Christianity – from aggravated type of crime to the privileged one. The Polish penal provisions protect human life from the moment of conception until death. It refers to all people including children. However, children’s right to life is not treated the same way as adults when it comes to committing a murder. In case of infanticide possible sentences are much milder compared to a common murder. In the view of existing Polish legal system the issue of infanticide as a crime privileged raises many concerns on the theoretical and practical basis despite many attempts to treat it as a common murder.

Kara grzywny za przestępstwo lub wykroczenie skarbowe a sankcje prawa finansowego – problem podwójnego „karania” deliktów skarbowych

Author(s): Łukasz Zubrzycki / Language(s): Polish Issue: 4/2014

The article is dedicated to the problem of crossing fiscal criminal liability regime and the consequences resulting from applying proper regulations of financial law that provide for imposing so-called tax penalties. These “crossings” may be considered, among other things, as breaking the “ne bis in idem” rule or the constitutional principle of proportionality of country’s reaction to violation of legal obligation. The essence of tax penalties, their level of accumulation with amercement for fiscal delicts and constitutional requirements for acceptance of such crossings in light of the foregoing reference norms are discussed. Moreover, judicatory’s way of viewing this problem (expressed in the form of most widely commented court decisions) together with ideas on how to “solve” these crossings are also included.

Obowiązek natychmiastowego zwolnienia osoby pozbawionej wolności, wobec której uchylono tymczasowe aresztowanie lub odstąpiono od jego stosowania – przepisy prawa na tle nieprawidłowej praktyki

Author(s): Michał Przybycień / Language(s): Polish Issue: 4/2014

The subject of the article is analysis of regulations concerning the obligation of immediately release person in custody in a situation where arrest is repealed or not applied in context of incorrect practice. The author presents selected legislation, doctrinal standpoints and practice in this matter.

Znaczenie pracy osób pozbawionych wolności na przestrzeni dziejów

Author(s): Beata Zinkiewicz / Language(s): Polish Issue: 4/2018

The article is comprised of theoretical reflections on work of people deprived of liberty throughout different periods in the history. The first part of the study draws attention to the importance of work as a value attributed to the human nature which is a right and an obligation at the same time. The key functions of work such as an economic, income and social function were mentioned in the paper. The author took account of three basic contexts of work, namely a universalist, Christian and pragmatic one. The pedagogical and psychological dimension of human work and its educational importance were particularly emphasized in the paper and various attitudes of humans towards it (a punitive, instrumental and autotelic attitude) were presented. The subsequent part analyzes the role of work for people deprived of liberty from the evolutionary perspective, i.e. from antiquity to modern times. The author referred to the problem of slavery, forced labour and its material products. The central part of the article constitutes an a empt to review various foreign and Polish penitentiary institutions for people serving the sentence, in which work has become the basic element of the adopted philosophy for prisoners and the rehabilitation strategy resulting therefrom. The final considerations concern the situation of the Polish prison system in the period of systemic transforma ons and contemporary program solutions related to the employment of prisoners.

Terapeutyczny wymiar wolontariatu hospicyjnego osób pozbawionych wolności

Author(s): Robert Witkowski / Language(s): Polish Issue: 4/2018

The author of the publication has been working in the Prison Service for over 20 years. Among his academic interests and professional experiences, a special place is occupied by those connected with issue of hospice voluntary service of persons deprived of their liberty. The subject of the article is to present therapeutic dimension of process consisting of preparing and directing prisoners to help the terminally ill pass away in a dignified manner. Hospice, contact with terminally ill people has an indubitable therapeutic aspect and transforms thinking, behavior and allows to verify the hierarchy of personal values of prisoners. The hospice voluntary service is in itself a therapy, which is a powerful and transforma ve experience for the prisoners.

Handel ludźmi. Zapobieganie i ściganie, red. Zbigniew Lasocik, [Warszawa 2006, 692 s.]

Author(s): Mariusz Kraśniewski / Language(s): Polish Issue: 3/2007

DOPRINOS NAUČNOJ MISLI IZ OBLASTI KRIMINALISTIKE, AKADEMIKA PROF. DR. KORAJLIĆ NEDŽADA

Author(s): Adisa Jusić / Language(s): Bosnian Issue: 2/2023

Throughout the history of the development of criminalistic thought, numerous individuals have left an indelible mark in shaping this discipline. In the Balkan region, one distinguished and reputable name that stands out as synonymous with exceptional contributions to criminalistics is Professor Dr. Nedzad Korajlic. His contribution to science stems not only from his professional expertise but also from his dedication to studying criminalistics from a multidisciplinary perspective. Through his works, Korajlic has built a bridge between theory and practice, enabling new generations of criminalists to utilize his methods and insights for a better understanding and treatment of criminality. In this paper, we will analyze the key contributions of Professor Korajlić to the scientific field of criminalistics, exploring how his ideas have shaped and advanced this crucial branch of science.

KUĆNI ZATVOR KAO ALTERNATIVNA KRIVIČNA SANKCIJA U REPUBLICI SRBIJI

Author(s): Ljubiša Zdravković,Srđan Aleksić / Language(s): Serbian Issue: 3 (2)/2023

House arrest as one of the types of alternative criminal sanctions represents one of the forms of the concept of sanctions, based on the assumption that the goals of punishing certain perpe-trators of criminal offenses can be achieved in conditions that are less restrictive than imprisonment. The reasons for striving for a preventive component of punishment, among other things, lie in the negative effects of prison sentences on the convict, his family and the social community. In the criminal legislation of the Republic of Serbia, alternative criminal sanctions are provided for: Imprisonment in the premises where the convicted person lives or so-called home prison, Punishment for work in the public interest, Punishment for revocation of driver’s license, Settlement of the perpetrator and the injured party, and Conditional sentence with protective supervision. House imprisonment was introduced into the Criminal Code of the RS with amendments from September 3, 2009. year, in such a way that it is provided as a way of executing the imposed prison sentence of up to one year, and not as an independent sanction.

Punitiveness of Polish Society - A Variable or Permanent Trait?

Author(s): Joanna Klimczak / Language(s): English Issue: 35 (1)/2023

The article presents the results of a survey on the punitiveness of Polish society, commissioned by the Institute of Justice in Poland. Punitiveness was measured using several indicators, including in regard to the introduction of penalties such as life imprisonment without parole or the death penalty into the Penal Code. The same indicators were used to measure punitiveness in studies conducted in previous years. This enabled a comparison of the results, which showed that the respondents in the most recent surveys were less punitive although this may be related not so much to an actual change in societal attitudes as to different methodology used in the studies. The research also made it possible to analyse the factors determining this intensity, e.g. the strength of the relationship between socio-demographic factors and punitiveness. However, the analysis did not reveal a direct relationship between these dependencies.

SPEKTRUM CZYNNIKÓW OCHRONY PRZED RYZYKIEM ZACHOWAŃ PRZESTĘPCZYCH

Author(s): Piotr Boćko / Language(s): Polish Issue: 4/2023

Given the extensive potential for risk factors, the article's attention to both clinical intervention and risk management offers a critical synthesis of what is known about risk factors for offending. The article provides a critical review of knowledge on protective factors. In particular, the identification of 'natural' protective factors can be used to guide prevention programmes from childhood and to formulate responses to adolescent risk. Investigating the sources of vulnerability and resilience is a promising area of research to improve prevention and identify the impact of risk factors, while aiming to improve individuals at risk of offending.

KRIVIČNO PROCESNO ZAKONODAVSTVO REPUBLIKE SRPSKE I ŽRTVA KRIVIČNOG DJELA

Author(s): Miodrag N. Simović,Vladimir M. Simović / Language(s): Bosnian,Croatian,Serbian Issue: 9/2024

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.

REAGOVANJE NA NASILJE I KRIMINAL U POSTMODERNOM DRUŠTVU

Author(s): Nadežda Gudelj,Milanko Aladžić / Language(s): Bosnian,Croatian,Serbian Issue: 9/2024

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.

Selection And CBT Treatment Pilot Program Final Evaluation Using IORNS in Macedonian Male Prison Population

Author(s): Aleksandra Dimitrovska / Language(s): English Issue: 30/2024

The treatment or the resocialization is the most important part of the prison sentence which methods can be individual and group. Motivated inmates and less resistance for the treatment are the main precondition for effective treatment. Appropriate behavior of personnel is the main factor for that result. Cognitive-behavioral therapy (CBT) as the most effective evidence based psychotherapy approach for offender population is a type for inmate treatment. CBT is a result of Aaron Beck pioneering work in the 1960s. CBT model is based on the triangle relationships between cognition, emotions and behavior. The cognition is defined as a product of the three levels: cognitive schemas, negative automatic thoughts and dysfunctional thinking or thinking errors. The inventory of risk, need and strengths (IORNS), an risk assessment instrument, based on Risk, need and responsivity (RNR) model, was used for selection of (N=27) inmates and CBT treatment pilot program final evaluation, in Macedonian prison Bitola. The evaluation was done by comparing pre and post test measures in (N=12) male inmates, as optimal number for group psychotherapy treatment. According to the RNR model the treatment program needs to be oriented to the inmates needs. Implementing CBT treatment program for group psychotherapy and IORNS as short screening tool in Macedonian prisons was the aim of the project supported by the Council of Europe in this work. The results showed significant lower Procriminal attitudes but higher Aggression because of higher Aggressive behavior in the post measures. Results and instrument can be used in next CBT programs evaluations for better rehabilitation of prison inmates and reducing recidivism.

NASILJE U HRVATSKOM ZATVORSKOM SUSTAVU – ANALIZA SLUŽBENIH PODATAKA

Author(s): Martina Pleško / Language(s): Bosnian,Croatian,Serbian Issue: 9/2024

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).

KOMPETENCIJSKI PROFIL PENOLOŠKOG ANDRAGOGA

Author(s): Jadranka Herceg / Language(s): Bosnian,Croatian,Serbian Issue: 9/2024

Education jobs in the prison system cannot be performed by personnel who do not have andragogic, criminological, psychological, pedagogical, sociological and didactic-methodical competences. Only those persons who have acquired the competence to plan, organize, implement and evaluate education in the prison system can perform this responsible function. Professional competence is a dynamic set of conceptual, procedural and factual knowledge, cognitive and practical skills, as well as beliefs and values, the application of which in the appropriate context enables effective action. The appropriate set of professional competencies constitutes the competency profile of a professional role. The purpose and goal of this paper is to prove the need to create a competence profile of a penological andragogue, which will serve as a basis for creating a program to improve his professional development (micro-qualification) and be a guide for improving the quality of the educational system in penal institutions.

MASOVNI MEDIJI U KONFLIKTNIM KRIZAMA – DEO REŠENJA ILI DEO PROBLEMA?

Author(s): Želimir Kešetović,Nedžad Korajlić / Language(s): Serbian Issue: 1/2024

Depending on the way they are used, the media can promote universal human values (love, truth, justice, understanding, peace), but they can also be the initiator or catalyst of social conflicts and conflicts. All this is conditioned, of course, by the ideology and interests of those who influence media policy. In this paper, we will try to show how the mainstream media in Serbia contributed to the spread of inter-ethnic hatred and intolerance on the eve of the breakup of the SFR Yugoslavia, thus preparing the ground for upcoming armed conflicts and the breakup of the country on the ideological and value level. Today, almost 30 years after the end of the wars, the dominant actors on the Serbian political scene are mostly the same as they were during the wars that followed the breakup of Yugoslavia. Therefore, the discourse and rhetoric of exclusivity, nationalism and resentment are significantly represented in the state controlled mediam again being a part of the problem, instead of part of the solution. On the other hand, during the genocide during the civil war in Rwanda in 1994, one of the key actors or catalysts of this genocide was the radio station Radio Télévision Libre des Mille Collines, controlled by ruling Hutus. Among the defendants at the International Criminal Tribunal for crimes in Rwanda were journalists from this media who were sentenced to several years in prison. After the end of the conflict, a thorough process of reconciliation, and forgiveness began, in which the mass media were also involved. Today, Rwanda is one of the most successful African countries according to numerous parameters, which proves the thesis that the media in conflict crises, depending on how they are managed, can be not only part of the problem, but also part of the solution.

ZLOSTAVLJANJE ILI ZANEMARIVANJE DJECE U KONTEKSTU ODNOSA ODGOVORNOSTI, POVJERENJA ILI MOĆI

Author(s): Irmelina Karić / Language(s): Bosnian Issue: 1/2024

Abuse of children, also known as bullying, is common. It is important to understand and reduce the risks of abuse for a child and to be familiar with the signs of abuse and neglect. Most cases reported to Child Protective Services involve neglect, followed by physical and sexual abuse. There is considerable overlap among children who are abused, and many suffer from a combination of physical abuse, sexual abuse, and/or neglect. Most child abuse occurs within the family. Risk factors include parental depression or other mental health problems, parental history of child abuse or neglect, parental substance abuse, and family violence. Child neglect and other forms of abuse are also more common in families living in poverty and among parents who are teenagers or who abuse drugs or alcohol.

The prevalence of gambling problems in prison populations: A systematic review and meta-analysis

Author(s): Elise Victoria Tørdal,Ståle Pallesen,Dominic Sagoe,Lise Øen Jones,Farha Mahjabeen / Language(s): English Issue: 1/2024

Introduction: The overall prevalence of gambling problems across prison populations is currently unknown. The objective of the present study was therefore to quantitatively synthetize prevalence estimates of gambling problems in prison populations using a random effects meta-analytic model and to investigate if the estimates were moderated by time frame, cut-off levels, and sample size. Methods: To be included the studies had to report original data on the prevalence of gambling problems in a prison sample and to be written in a European language, whereas data based on abstracts or qualitative reports were excluded. The search ended on December 1, 2023 and were conducted in Web of Science, PubMed, Cinahl, PsycINFO, Embase, Google Scholar, Grey Literature Report, and GreyNet. Risk of bias was assessed with a standardized 10-item measure for epidemiological studies. Results: A total of 26 studies comprising 9,491 participants were included. The vast majority of the participants were males. The most commonly used instrument for assessment of gambling problems was the South Oaks Gambling Screen. The pooled random-effects gambling problems prevalence estimate was 30.8% (95% CI 5 25.1–37.3). The meta-regression analysis showed that none of the three moderator variables (criteria, timeframe, sample size) were related to the gambling problems prevalence. Common limitations of the included studies entailed not being representative nationally or for the target population, lack of randomization, and low response rate. The meta-analysis was restricted to studies published in a European language. Conclusions: Overall, the studies show that 1 in 3 prisoners has gambling problems and suggests that more emphasis on relevant prevention and treatment is warranted for this population. The study was funded by the Norwegian Competence Center for Gambling and Gaming Research and pre-registered at PROSPERO (CRD42023390552).