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POSEBNE ISTRAŽNE RADNJE I NJIHOV ZNAČAJ U ISTRAŽIVANJU KRIVIČNIH DJELA

Author(s): Mirzo Selimić,Vjekoslav Vuković / Language(s): Bosnian Issue: 1/2015

Although it looks simple, the investigation of criminal offenses, in reality, is a labyrinth composed of a multitude procedures, barriers dilemmas and questions. The closeness of the object of research sometimes makes complex for consistently distinguishing criminalistics and criminal procedural law. Problems of form (criminal procedural law) and content (criminalistics) in many interferential issues are so intertwined that the strict differentiation would not only be difficult, but dangerous. Criminalistics must know the technical and tactical methods and means, because otherwise it's not criminalistics. In the contrary, it would look like to an almost unthinkable criminal practitioner who knows the general provision of the Criminal Code, but does not know his special part and conversely (Korajlić, 2012.). Investigation of crimes by the police is a criminal cognitive activity and it must present purposefully planned and organized succession of operational measures and activities and investigative actions aimed at finding, collecting and providing of the object of investigation.

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CANNABIS POLICY REFORM IN GERMANY: CONSTITUTIONAL AND POLITICAL DISCOURSES ON DECRIMINALIZATION AND REGULATION STRATEGIES

Author(s): Stefanie KEMME,Kristin PFEFFER,Luise von RODBERTUS / Language(s): English Issue: 5-6/2018

There is relentless discussion in Germany about the right manner to deal with cannabis and its users. In 1994 and 2004, the Federal Constitutional Court reaffirmed the legal appropriateness of prohibition. However, since then, data about the dangers and effects of cannabis use have quieted alarm, and Europe, alongside the once-prohibitive United States, has had its initial experiences with liberalized use of cannabis. Since the founding of the Schildower Kreis, a network of experts from science and practice, 122 criminal law professors have petitioned the Bundestag for an Enquête Commission. The basis of the Federal Constitutional Court’s decision no longer exists. The Narcotics Act and constitutional discourse on cannabis prohibition need to be reviewed, as do political arguments about wasted resources and high costs, led by empirical examinations from Hamburg University of Applied Police Sciences. This study surveys police officers for their thoughts about drug policy and dealing with cannabis-related offenses. Results show that the attitudes of criminal detectives (contrary to the officers of the security police) have changed since the 1990s and that prohibition is not considered effective. Indications of a paradigm shift in drug policy, as required by the Global Commission on Drug Policy, are appearing in Germany.

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PROBLEMS OF CRIMES AGAINST HUMANITY AND TOOLS FOR DEVELOPMENT OF OFFICER’S SKILLS ON CONFLICT PREVENTION MISSIONS. GAP - GAMING FOR PEACE PROJECT

Author(s): Aleksandra Nowak / Language(s): English Issue: 5-6/2018

We are living in very diverse word. We meet a lot of people from different cultures and religions in our private life and on duty. The world is becoming more and more biased and radicalized. Gaming for Peace (GAP project) is a project funded through the European Commission Horizon 2020 Securities programme. GAP is developing a new curriculum in soft skills for instance communication, cooperation, empathy and understanding and gender awareness and cultural competency for personnel deployed in peacekeeping missions.

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PERSPEKTIVE MODELA: MEDIJACIJA IZMEĐU ŽRTVE I MALOLJETNOG POČINITELJA KAZNENOG DJELA U KAZNENOPRAVNOM SISTEMU FEDERACIJE BOSNE I HERCEGOVINE

Author(s): Karolina Tadić-Lesko,Janja Milinković / Language(s): Bosnian,Croatian,Serbian Issue: 3-4/2018

Reason for writing and research problem(s): ): The first steps to develop the Model: Meditation between the victim and the juvenile perpetrator of the criminal offense, was made thanks to the Federal Ministry of Justice and the Federal Ministry of labor and Social Policy. Pursuant the Regulation on the Application of Educational Recommendations to Juveniles, article 49, and with the financial assistance of foreigners, UNICEF and Save the Children, a curriculum for the training of professional bodies of the guardianship authority was established on the acquisition of additional knowledge and skills to conduct mediation/mediation and application of educational recommendations and their execution. Aims of the paper (scientific and/or social): In the Prevention of Juvenile Delinquency, Mediation Model: Victim-Offender Mediation and Perpetrators of the criminal offense, focuses on the victim and community alike. Thus, the authors focus on establishing social peace, enabling emotional alignment between the victim and the perpetrator, solving the damage caused, and altering the behavior of the perpetrator, which promotes social control and also is goal of this work. Methodology/Design: In order to achieve the goals of the work, it was necessary to conduct a focused theoretical study of the Model: Meditation between the victim and the juvenile perpetrator of the criminal offense, including and social and legal review of the rules that deal with this issue. In addition, the study covered the types of methods most commonly used in out-of-court settlements. The starting theoretical basis of work is based on the assumptions that emphasize the direct impact on the cessation of repetition and commission of criminal acts through emotional alignment, embedded in the restorative justice process itself. Research/Paper limitation: The limitation of this research is reflected in the insufficient use and unwillingness of the relevant institutions to apply the Model: Meditation between the victim and the juvenile perpetrator of the criminal offense. Results/Findings: The advantage of the model is emphasized through the reduction of recidivism in relation to classical sanctions, because the consequences of the criminal offense are resolved faster and cheaper, and is establish of social peace and peaceable common life in the future. General Conclusion: In the conclusion was drawn to the possibilities and perspectives of the application of the Model: Meditation between the victim and the juvenile perpetrator of the criminal offense, in order to instigate Restorative Justice to go out of the theoretical framework, in the practical criminal law enforcement of FBiH and DB FBiH.

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UPRAVNO-PRAVNI OBLICI KONTROLE I NADZORA ZATVORSKIH USTANOVA U BOSNI I HERCEGOVINI

Author(s): Kenan Kapo / Language(s): Bosnian,Croatian,Serbian Issue: 1-2/2016

Reason(s) for writing and research problem(s): Control work involves evaluating results. Consequently, the work of administrative bodies can be assessed two important aspects of the work. One is the law and the other expediency. The paper analyzes the administrative and legal forms of control and supervision of detention facilities in Bosnia and Herzegovina. Aims of the paper (scientific and/or social): The scientific contribution of the paper is to show the importance of administrative and legal control and supervision of detention facilities in Bosnia and Herzegovina. So it can assess whether they are in the performance of the administration complied with the Constitution and laws, but also can make and score as much as in the performance of these tasks accomplished by the general interest. The social objective of this study was to refer to the importance of complying with the procedures administrative and legal control and supervision in order to provide better development of the organization of detention facilities. Methodology/Design: The paper will be used different methods in order to meet the basic methodological requirements, such as objectivity, universality, reliability and thoroughness. As for the method of data collection, which includes the classification and processing of the data and conclusions based on them, was used to analyze the documents. Research/paper limitations: Presentation of the problem is limited to the presentation of the administrative and legal forms of control and supervision of detention facilities in Bosnia and Herzegovina. Results/Findings: It turned out that the control and supervision imply: control over the work of the institution, acting in terms of human rights, administrative inspection and control of the application of regulations, the legal definition of control in the work of the penal institutions in the Federation, supervision by the Federal Ministry of Justice and the views of the Independent Commission for monitoring conditions stay in prisons, treatment and respect of human rights of persons subjected to criminal sanctions, and presenting the role of the institution of Ombudsman for human rights. General conclusion: Administrative law is the constant companion of everyday life of people and therefore it is important that the work of the state administration to be legitimate, efficient, transparent and controlled. It can therefore be concluded that the administrative and legal control and supervision of detention facilities in Bosnia and Herzegovina one of the key factors for quality functioning of detention facilities.

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The pains of release: Federally-sentenced women’s experiences on parole

Author(s): Laura McKendy,Rosemary Ricciardelli / Language(s): English Issue: 1/2021

Contributing to the international literature on reintegration and parole governance, we examine the release experiences of women (n=43) who served time in federal Canadian prison through a qualitative content analysis of casework documents. We show that the multiple stressors of release, combined with layers of social marginality, may render the “pains of release” as equally compromising to (albeit distinct from) those associated with imprisonment. Findings reveal several key pains of re-entry for formerly incarcerated women experience: Over stimulation, social disorientation and social precarity; missing “hooks” for new identities; parental and custodial struggles; extensive parole obligations; and living conditions. Implications for policy and case management practices are presented.

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The role of criminogenic needs and emotions in restorative justice: Offenders’ experiences in victim–offender mediation

Author(s): Anna Melendez Pereto / Language(s): English Issue: 1/2021

Restorative interventions can deal with some criminogenic needs. They can address the offenders’ antisocial attitudes, lack of problem-solving strategies, empathy and self-control or, substance use problems (Moraleda et al., 2004; Raynor et al., 2012; Vanstone and Raynor, 2012). At the same time, restorative justice practices offer the possibility to express emotions and feelings, which are essential elements in a transformative process. The purpose of this article is to identify both, criminogenic needs and emotions expression through offenders’ experiences in Victim–Offender mediation (VOM). The research is developed in three phases and include qualitative and quantitative research methods. This article focuses in the second and third phases. The second involves non participant observation of VOM (40); and the third requires a post-analysis of the process (questionnaires 40), which includes an interview (12) occurring six months after VOM. General data give us a variety of results, and qualitative analysis exemplifies the different cases.

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Loraine Gelsthorpe, Perveez Mody, and Brian Sloan, eds. Spaces of Care

Author(s): Daria Litvina / Language(s): Russian Issue: 1/2021

Review of: Дарья Литвина - Loraine Gelsthorpe, Perveez Mody, and Brian Sloan, eds. Spaces of Care. Oxford: Hart, 2020. 288 pp. ISBN 978-1-5099-2963-4.

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Вопросы внешней политики в программе большевиков-ленинцев Верхнеуральского политического изолятора

Author(s): A. A. Fokin / Language(s): Russian Issue: 32/2020

Томасу Эдисону приписывают фразу: «Гений — это один процент вдохновения и девяносто девять процентов пота». Она применима и к историческим исследованиям: необходимо переработать массу архивного материала, чтобы найти интересную информацию. Но порой удача бывает благосклонна и источники сами идут в руки исследователя. Так, в начале 2018 г. начался ремонт нескольких камер здания Верхнеуральской тюрьмы, при разборе пола был обнаружен тайник с документами, созданными заключенными в 1931–1933 гг., когда там размещался Верхнеуральский политический изолятор. Тюремный корпус, построенный в 1914 г., во время Первой Мировой и Гражданской войн, практически не использовался. С началом политических репрессий в конце 1920-х годов туда перевели заключенных из Соловецкого лагеря, и Верхнеуральский политический изолятор, наряду с Ярославским и Суздальским, стал местом деятельности оппозиции. Особенностью пенитенциарной системы того периода можно считать относительную лояльность к заключенным, поскольку сталинский режим еще не ставил своей целью физическое уничтожение оппозиции.

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A paráznaság és házasságtörés megítélése és büntetése a Debreceni Magisztrátus jegyzőkönyvei alapján (1547–1625). Adalékok Kálvin János teológiai hagyatékának magyarországi hatástörténetéhez

Author(s): Balázs Dávid Magyar / Language(s): Hungarian Issue: 2/2021

John Calvin was devoted to restore the sanctity of the Genevan townsfolk, by which he understood the practical fulfilment of God’s Law, the Ten Commandments. To be sure, his primary intention was to exert an influence on the texture of daily life of the Genevan population. He delivered sermons and published-edited commentaries in order to establish his new theological ethics, and marital reforms concerning the adequate moral life of a Christian family. He fought against every kind of sexual crime, including fornication and adultery. However, while Calvin accepted in theory that adultery ought to be punished with death penalty, the Genevan reality was very different, because Calvin was preaching from the mercy of God day by day. Calvin’s thoughts on Christian marriage and family life raised several historical, judiciary and social questions. An examination of Juhász Péter Méliusz’s Debrecen-Egervölgyi Confession and Major Articles shows that Calvin’s heritage deeply influenced the Hungarian Reformed teaching on engagement, marriage and divorce. Nonetheless, the readers will find that the reformers of the “Hungarian Reformed Church” did not cite directly the theological and ethical works of Calvin or Luther concerning the questions of fornication and adultery. An examination of the operation of the Magistracy of Debrecen reveals that, in case of adultery, sinners were allowed to receive the clemency of their spouses, extricating them from the legal procedure with this merciful statement: “I take no pleasure in the death of the wicked” (Ezech 33,11). Between 1547 and 1625 only 26 people (female: 17, male: 9) out of a total of 241 persons (female: 136, male: 105) accused of fornication and adultery were actually executed. Nevertheless, death sentence was promulgated in cases of serious fornication mixed with sexual violence or murder of infants.

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HUMAN RESOURCES MANAGEMENT IN PENITENTIARY INSTITUTIONS. STAFF KNOWLEDGE AND EVALUATION PROCESS

Author(s): Robert Cristian Raul Roman / Language(s): English Issue: 7/2012

Human resources management have experienced many substantial changes as a result of experience gained, the pressures of scientific results and extremely rapid changes produced on all landings of social life. This paper will present the importance of human resources management for the activity of a penitentiary.

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ART TERAPIJA KAO PSIHOTERAPIJA U RADU SA DJECOM I MALOLJETNICIMA U SUKOBU SA ZAKONOM

Author(s): Vildana Pleh,Vahida Djedović / Language(s): Bosnian,Croatian,Serbian Issue: 6/2021

The paper discusses the importance of literary directions, literary genres and psychotherapy. Here it is shown how one bibliotherapy technique can help people who have a problem, ie. targeted reading of fairy tales through literary-theoretical directions is shown, which significantly contribute to the solution of the problem as well as help in self-discovery. Also, a way is shown to help people overcome their troubles by using characters or situations in fairy tales. The intention of comparing literary theory and psychotherapy is to emphasize the importance of cooperation of different disciplines in approaching the topic - analysis and usefulness of fairy tales based on different literary theory approaches, with special emphasis on therapeutic effects achieved by such reading. Art therapy is a form of work with children and minors who are in conflict with the law. Art therapy as prevention, as an intervention during the application or execution of an alternative measure, alternative sanction or criminal sanction of an institutional character. Carried by the idea of applying restorative justice programs is a large number of therapeutic programs that have entered into work with children and minors who are in a certain way in conflict with the law. One of them is bibliotherapy, whose "time is yet to come" because its promotion and application is expected. Modern methods that use a fairy tale for therapeutic purposes open up new aspects of the therapeutic effect of reading / listening. In these aspects, it is important to understand knowledge from the theory and practice of psychotherapy as well as literary theories and look at what happens in the psychotherapeutic process between clients and the content offered by the fairy tale, ie listeners and text in the reading / listening process. Just as literary genres in therapeutic practice have been neglected by the domestic professional population, the encounter between the practice of reading / listening and the practice of psychotherapy has been neglected within the national aspects of the social sciences and humanities. And it is precisely this space of insufficiently recognized and unexplored connection that opens up reception and interpretive possibilities for this work for the possible and real fruitful effects of their encounter.

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ВАСПИТНА МЕРА УПУЋИВАЊЕ У ВАСПИТНУ УСТАНОВУ У УПОРЕДНОМ ПРАВУ

Author(s): Filip Mirić / Language(s): Serbian Issue: 6/2021

Social and legal response to juvenile crime is of paramount importance for the process of re-socialization of juveniles in conflict with the law. In the process, special place determining appropriate criminal sanction. Although in recent years the intention to minors who have committed an offense imposed non-institutional educational measures and institutional educational measures have their justification in all cases where because of the seriousness of a crime, the personality of the minor and other circumstances necessarily imposing them. The subject of the work is the mildest of these institutional measures-referral to an educational institution. The work will be analyzed by the relevant provisions of the Law on Juvenile Offenders and Criminal Protection of Juveniles, relating to the imposition and execution of the educational measure. There will also be presented and the provisions of the relevant law countries of the former Yugoslavia by using the comparative method. This is particularly important bearing in mind that these countries share a common legal tradition. The aim of this paper is to pay attention of scientific and expert public on the educational potential of these educational measures and thus contribute to its frequent pronouncement by the courts.

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RAZINE MENADŽMENTA U POLICIJSKOJ ORGANIZACIJI

Author(s): Krešimir Vencl,Slobodan Jamnić,Mato Pušeljić / Language(s): Croatian Issue: 1/2021

Each organizational structure is multilevel, and the smallest organizations must have more than one level. As a standard, three classic (basic) levels of management are discussed in theory, namely: management at the highest level, also called top management, supreme or main management; management at the middle level of organizational structure, also called middle level managers; and management at the lowest level of organizational structure, first level of management (supervisor), first level management. Every large organization, as are public sector organizations, to which the police organization belongs, generally have more employees than medium-sized organizations in the real sector, has more than three levels of management. The number of levels of management in public legal entities contributes to the high degree of centralization of the organizational structure, i.e. the development of the organizational structure in height. However, even in such organizations there is one highest level of management and one lowest level of management, while the number of middle levels of management increases, that is, in the organizational structure we are talking about higher middle levels and lower middle levels of management. Unlike the real sector, public sector organizations generally have several levels that are not only a product of the size of the organization and a larger number of employees, but also larger number of internal organizational units that are classified as a certain medium level of management. Organizational levels or leadership levels directly affect the number of managers in each organization. Therefore, each level of management determines the price of the product or service of each organization. Although the police are a non-profit organization that is not in the security services market, those who manage the police must use allocated budget optimally.

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‘A FIGHTER FOR SECURITY TO ISOLATE THE CLASS ENEMY’: THE PRISON GUARD AND POLITICAL PRISONERS IN 1944/45–1956

Author(s): Tadeusz Wolsza / Language(s): English Issue: 4 (en)/2020

The article provides readers with figures and information about the Prison Guard and Service in various detention facilities in post-war Poland until 1956. The author analyses several detailed topics, like preparation for the job, staff shortages in the various penal institutions as well as prison officers’ (quite often sadistic) attitudes towards political prisoners.

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KRIJUMČARENJE LJUDI U USLOVIMA PANDEMIJE

Author(s): Marjan Marjanović,Milan Milošević / Language(s): Serbian Issue: 2/2021

The paper will present the impact of the COVID-19 virus pandemic on people smuggling, which the author observes as a result of the interrelationship between the phenomenon of irregular migration and the smuggling of illegal migrants. The effects of harsher conditions for cross-border movement, as well as restrictive regimes for immigrants, refugees and asylum seekers, were also taken into account. The author pays special attention to the issue of the relationship between pandemic measures and criminal activities of route organizers for people smuggling and their associates. One of the key questions in the paper is whether the rigor of measures to curb the spread of the global COVID-19 virus proactively works to reduce the intensity of illegal migration, to decline the number of potential asylum seekers and to descend the social danger of criminal activities related to smuggling of human beings. The author places the pandemic effect of feeling insecurity as a generator of migratory aspirations, which are exposed to international networks of organized crime, causing the victimization of migrants and an increased frequency of violent criminal activities. As accompanying factors of human smuggling under pandemic conditions, the author especially considers the importance of missing persons on migrant routes and the aggressive criminalization of the basic human need to seek better living and working conditions. Pointing out the connection between global pandemic restrictions on social life, the ways in which people are smuggled and the activities of organized criminal groups to establish, maintain and expand the flow of illegal migration, is the backbone of this paper.

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Penal Transportation from Britain to Australia, 1788 to 1868: Four Phases of Penal Administration and Experimentation

Author(s): Tony Murphy / Language(s): English Issue: 2/2021

This paper presents the history of penal transportation from Britain to Australia in relation to four distinct ‘phases’ of operation, each signifying a different context, and a series of different features of how convictism operated in Australia – the penological thinking, the nature of the colonies, and the conditions and systems of discipline that convicts found themselves within. The first decades of convictism in New South Wales (and Tasmania) have been described in some ways as a relatively benign system, founded upon an early system of convict assignment, and a series of legal, property and wage rights for convicts. That gave way to a tougher form of convictism, as the early assignment system transformed into a tougher form, alongside the rescinding of various convict rights, and a diminution of their status. That was then replaced by a system of probation, in the face of criticism of the assignment system. Probation was in turn halted as Britain looked to end transportation. Yet another chapter in the story of transportation from Britain to Australia emerged as settlers petitioned for the use of convict labour in Western Australia. That itself was soon ended as transportation gave way to the penitentiary as the main mode of punishment. The purpose of exploring this history is to signal the great complexity within how penal transportation operated in practice, and to set up future work via a natural experiments approach, which will consider such differences in more detail, and crucially, the implications of those differences for the colonies and convict outcomes.

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Francuzi w hierarchii więźniarskiej Auschwitz‑Birkenau. GIS w badaniach historycznych – wprowadzenie do badań

Author(s): Paulina Chrząszcz / Language(s): Polish Issue: 16/2020

The aim of this article is to identify a research problem concerning the French prisoners of Auschwitz-Birkenau, and to discuss preliminary results of a PhD project conducted at the Institute of History, Polish Academy of Sciences. As planned, the implementation of the project will involve the use of methods offered by widely understood information technologies, such as the Geographic Information System (GIS) and the structural language of SQL queries. Drawing on the actor-network theory, the author focuses her considerations on the French deportees, who were one of the more numerous groups of Auschwitz-Birkenau prisoners. The article outlines a potential research field and presents preliminary results of a study on the Auschwitz II-Birkenau women’s camp. Thanks to the use of information technologies, such as GIS tools, it was possible to map the space of sectors BIa and BIb of Auschwitz II-Birkenau with its particular parts, including barracks, baths, kitchens, latrines, etc. Using raster georeferencing, an image of the camp as it is today was superimposed on an aerial photograph of the sub-camp taken by the Allies in 1944.

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“It’s Pure Chaos Every Day”: COVID-19 and the work of Canadian federal institutional parole officers

Author(s): Mark Norman,Rosemary Ricciardelli / Language(s): English Issue: 1/2022

As the Canadian federal correctional system grappled with the onset of the COVID-19 pandemic, institutional parole officers, who play a central role in prisoners’ case management team, remained essential service providers. Working in uncertain circumstances, these correctional workers navigated new and rapidly changing protocols and risks, while attempting to continue to provide support to those on their caseloads. Based on semi-structured interviews with 96 institutional parole officers, conducted after Canada’s “first wave” of COVID-19 infections, we analyze three ways in which their work was impacted by the pandemic: shifting workloads, routines, and responsibilities; increased workloads due to decarceration (i.e., efforts to reduce the number of incarcerated individuals); and the navigation of new forms of risk and uncertainty. This study advances the understanding of stress and risk in probation and parole work and presents recommendations to ameliorate the occupational stresses experienced by correctional workers during and beyond COVID-19.

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Two sides of the working alliance: A qualitative study from the perspective of both probationers and probation officers

Author(s): Annelies Sturm,Vivienne de Vogel,Marcus JH Huibers / Language(s): English Issue: 1/2022

The probationer–probation officer working alliance plays an important role in the outcome of probation supervision. This study explored the development of the working alliance between probationers and probation officers in the Netherlands, from the perspective of both probationers and probation officers. More specifically, we explored the significance of different aspects of the working alliance at the start of probation supervision and after a three-month period, as well as the role played by critical incidents during the supervisory process and their subsequent effect on the working alliance. Overall, the study showed that clarity over goals and restrictions was initially the most salient issue for both parties, and that after a three-month period the working alliance evolved into a trusting relationship. Several incidents were identified, probationers identified more positive moments and less negative moments than their PO counterparts. If these types of incidents are managed accordingly by the probation officer, then they can ultimately serve to strengthen the relationship.

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