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Rusyfikacja systemu penitencjarnego Królestwa Polskiego po powstaniu styczniowym 1863 r.

Author(s): Jerzy Czołgoszewski / Language(s): Polish Issue: 1/2021

The suppression of the January Uprising in 1863 increased the repression of the tsarist invader against the society in the Kingdom of Poland. The intensification of Russification activities, apart from all areas of social life, also included the penitentiary system. The history of this system after the loss of the autonomy of the Kingdom, which came to be called the Vistula Land, is so far known only fragmentarily. The basic barrier to researching this period are the preserved archival sources, which were largely produced in Russian. For the purposes of this article, an analysis of the most important elements constituting the basis of the penitentiary system at that time was conducted, i.e. penitentiary legislation, organization of the prison system, basic means of penitentiary interaction on prisoners and prison staff.

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Disocializace vězňů a východiska speciálních pedagogů a vězeňských kaplanů

Author(s): René Strouhal / Language(s): Czech Issue: 2/2022

The service of a special pedagogue and a prison chaplain has its justification with regard to the human needs of prisoners as persons with special educational needs and pastoral care facilities. The socialization of prisoners in the macro-prison system can degenerate into deviant socialization, which, with other factors, can negatively affect both professions. The final domestic and foreign research offers solutions to this type of high workload.

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Narratives of Czechoslovak Prison Staff from the Communist Era

Author(s): Kristýna Bušková,Klára Pinerová,Michal Louč / Language(s): English Issue: 2/2021

The Czechoslovak prison system is closely bound up with the political situation, and period before the year 1989 was no exception. Its transformation reflects changes in society and politics. The role of the prison system, attitudes to prisoners, as well as modernising trends are all a reflection of the dominant master narratives of that time. This study examines how university-educated employees who were in expert positions within the prison system (psychologists, doctors, a librarian, educators, top management) between 1965 and 1992 adapted to the prison system in place or tried to transform it at the time, and how they reflect on their engagement with it at present. By exploring these questions, we are ultimately asking how their experience as prison staff in communist prisons influenced their professional (narrative) identity and course of life, and how dominant social and political narratives under the communist rule impacted their individual lives. The study adopts a qualitative, idiographic and social constructivist narrative engagement approach to capture the interplay between the prison system and individuals within it. It finds that former employees constructed three different identity configurations reflecting their engagement with the prison system. The consequences of these configurations for prison employees, prison system and society in general are discussed.

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Přístup dospělých osob pravomocně odsouzených k trestu odnětí svobody k ICT vzdělávání v českých věznicích a jeho využití po propuštění na svobodu s dopadem na veřejné finance

Author(s): Dagmar Krausová / Language(s): Czech Issue: 1/2022

The main goal of this paper is the topic of education of adults legally sentenced to unconditional imprisonment in the field of ICT and its financial implications for public finances, especially on employment policy and saving opportunities in this area. It is based on data obtained from a quantitative survey conducted in the second half of 2019 in twelve Czech prisons for unconditional imprisonment, legally convicted persons and in the first half of 2021 in ten Czech prisons for imprisonment, legally convicted. The research sample includes a total of 999 people, of which 748 are men and 215 are women. Publicly available data from Eurostat, the Prison Service of the Czech Republic, the Ministry of Labor and Social Affairs of the Czech Republic (MLSA CR) and the Czech Statistical Office are also used. The Gretl program was used for calculations and statistical modeling. The results can be used in the public sphere to prepare educational programs in prisons. The Ministry of Labor and Social Affairs of the Czech Republic can use them within the framework of employment policy, the Ministroy of Education, Youth and Sports of the Czech Republic through educational institutions used to educate prisoners. The results can also be used in the commercial sector, in the case of the supply of ICT, hardware and software to prisons.

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KRIVIČNOPRAVNI I VIKTIMOLOŠKI ASPEKT MALOLJETNIČKE DELINKVENCIJE – IZAZOVI, DILEME

Author(s): Sadmir Karović,Marina M. Simović / Language(s): Bosnian,Croatian,Serbian Issue: 7/2022

Juvenile delinquency is not a novelty in society, but a legal and social phenomenon that has been present in different periods of human history in different phenomenological forms of manifestation. Even today, there are different understandings in the scientific and professional public regarding the definition of the content and concept of delinquency. The authors paid special attention to the etiology, i.e. the area of causality of this phenomenon in the context of the correct and adequate creation of adequate and proportionately necessary legal solutions and answers of preventive nature. Timely detection and prevention of various forms of this legal and social reality, by its nature, requires a multidisciplinary approach to studying and researching of this phenomenon. In addition, the paper incorporates sociopath logical phenomena that are inextricably linked with various forms of juvenile delinquency. Consequently, the legislator has shown a special sensitivity towards this specific age category, which is directly operationalized through the prism of the application of predictive or protective model and treatment of specialized juvenile justice authorities.

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E-learning for Prisoners. Experiences from Sweden, Norway, Poland, Finland and Germany

Author(s): Daria Becker‐Pestka / Language(s): English Issue: 1/2022

In the following article a discussion on the use of e-learning in education of convicts is presented. The topic discussed by the Author is connected with the fact hat the use of new media in education at present has become a common solution applied also to educate inmates. E-learning is a current form of education and vocational training. It provides improvement of contemporary culture in education applied at penitentiary institutions to educate convicts. E-learning helps and lets prisoners obtain education and to update education differences. As a method of education, it requires users’ autonomy and self-discipline while working with the use of digital platforms. Education must respond to different needs expressed by the evolving knowledge society. It mainly concerns education of people at risk of social exclusion, e.g. convicts. It is related to the need of dealing with and solving problems that pertain to such issues as increasing possibilities of the media in the area of generating, processing and creating information. The aim of the article is also to describe the use of e-learning in European countries such as Sweden, Norway, Poland, Finland and Germany. These countries were selected for the analysis because they appreciate modern technologies in penitentiary work. They change and develop the solutions. The experience in the use of e-learning in penitentiary work with inmates in Sweden, Norway, Poland, Finland and Germany is different. The aim of the article is also to show how modern technology can be applied in working with convicts. E-learning becomes a tool used for preventing exclusion. Development of various technologies makes it possible to support convicts and prison staff members in the process involving correctional activities. Technologies offer a chance to return or to start work, to continue education, to meet the needs of one’s family, to have an active life in accordance with the social principles after leaving prison. E-learning provides people who have been isolated in prison with a real chance to acquire qualifications. Hence, social issues, family interests, individual interests, business and modern technological solutions are combined in the same field. Coherent and efficient activities come as a challenge to those who perform them and to the society; however, these activities support the process of social rehabilitation.

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Kolizja aksjologiczna prawa karnego z prawem upadłościowym jako skutek zmiany tytułu rozdziału XXXVI Kodeksu karnego

Author(s): Dariusz Grabarek / Language(s): Polish Issue: 1/2022

The specific legal benefit of the respective provisions of the Penal Code indicated in the title of the special chapter of the Code implies the type of legal benefits contained therein. Since May 25, 2019, the legislator, by amending the title of Chapter XXXVI of this Code as following: ‘Crimes against economic turnover and property interests in civil law transactions’ has extended the generic object of protection, as a result of which it is no longer relevant whether the respective conduct takes place in economic turnover (as previously) or in civil law turnover, in which non-professionals will appear on both sides. The Supreme Court noted that this would cause an inevitable revolution in the interpretation of the provisions of this chapter. Among other things, this applies to the crimes specified in Art. 301 of the Penal Code, sanctioning the debtor’s bankruptcy or insolvency, therefore penalisation, as a subject of a crime, will also apply to the “consumer”. At the same time, the legislator in the insolvency law, and more specifically in the Bankruptcy Law, opened access to debt relief also to those debtors “consumers” who led to their insolvency or significantly increased its degree intentionally or through gross negligence. There is a possibility of reduction of liabilities even if such a debtor acted deliberately. The author showed that this resulted in a discrepancy between criminal law and bankruptcy law, as well as an axiological collision in the legal system, which occurs when the legislator values a given value higher in one norm than in another, and in the other one does the opposite. In the author’s opinion, some norms will not be derogated by the legislator, and the conflict of laws rules will not apply in this case. It will be necessary to interpret penal provisions based on the paradigm of the presumption of the rationality of the legislator and the subsidiarity of criminal law.

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Meclis-i Vâlâ Defterlerine Göre Ceza Kanunnâmesi’nin Uygulanması (1859-1867) Üsküp Sancağı Örneğinde

Author(s): Arzu Taşcan / Language(s): Turkish Issue: 02/2022

In the Tanzimat Firman, signs of new regulations in the field of law were given. The first movement in this area started with the preparation of the Criminal Code in 1840. The deficiencies of this first law of the Tanzimat period were tried to be complemented by the penal codes that were prepared and put into effect in 1851 and 1858. The Tanzimat period is also a period in which important changes occurred in the central and provincial organizations. Muhassıl councils had been established in the provinces within the scope of reforms in the financial field. After the Muhassıl system is terminated, these councils continued their existence as a state, sanjak and county councils. It was been also given to this council the power to hear criminal cases, that is, to enforce the penal code. The cases were sent to Majlis-i Vala, which was also the supreme court of appeal and was authorized as the final decision authority. There are many records regarding these cases in the Majlis-i Vala Notebooks. In this study, the crimes and penalties that occurred in the Skopje Sanjak and reflected in the Majlis-i Vala Notebooks will be determined, thus, concrete pieces of evidence that the Penal Code of 1858 was implemented will be put forward.

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RAT PROTIV TERORIZMA – VALORIZACIJA NJEGOVE UČINKOVITOSTI NAKON DVIJE DECENIJE

Author(s): Edita Hasković / Language(s): Bosnian Issue: 2/2022

The paper primarily examines the key reasons why the terrorist attacks on American targets at the beginning of 21st century are considered an epochal event, in order to proceed to the analysis the issue of the epochal nature of the reponse to the aforementioned terrorist attacks, chosen by United States, with the indispensable support of international community. Altought the respective terrorist attacks indicated the need to establish a new proactive security philosophy, which implied with a doctrinal turn and organizational-functional redesign of the security systems of many Western democracies, the title of the paper obliged us to put in the focus of it the war on terrorism, that was declared immediately after September 11, and which, considering the nature of this phenomenon, implied by suspendig the understanding of the war in the traditional sense and introducing in security agenda his revised understanding that is not based on temporal and spatial determinants. Starting from the fact that two decades have passed since the official declaration of the war on terrorism, as well as that were many scientific discussions about whether the decision of the United States and its coalition partners to face with an unconventional threat like terrorism with armed force was appropriate, anticipating that the war on terrorism will have extremely counterproductive consequences in the form of its growth and internationalization, we tried to determine the basis of such forecasts relying on specific indicators presented in this paper.

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Framing “Resistance” in Moroccan Female Prison Narratives: Fatna El-Bouih’sTalk of Darkness as a Case Study

Author(s): ABDELGHAFOUR BENLAHBIB / Language(s): English Issue: 2/2022

Through the case study of Fatna El-Bouih'sTalk of Darkness, this paper frames the concept of'resistance' in Moroccan female prison narratives. The study contributes to a lively debate about (post)colonial Morocco's history. The examination of Talk of Darkness shows the politics of the concept of resistance and sheds light on those small acts and rebellions that upset power relations while slipping under the radar. The theory of resistance developed by Scott, Vinthagen, and Johansson is used in this thesis. Resistance is demonstrated theoretically to be a very confusing topic that sparks intense disagreement among resistance studies researchers. This paper concludes by suggesting that Talk of Darkness is a narrative of resistance that exemplifies the intriguing resistance of Moroccan women in (post)colonial Morocco.

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MĂSURILE EDUCATIVE ÎN CONTEXTUL EXECUTĂRII PEDEPSEI ÎNCHISORII - CADRUL LEGAL AL REPUBLICII MOLDOVA

Author(s): Sergiu Cernomoret,Andrei Nastas / Language(s): Romanian Issue: 01/2023

Imprisonment, as a criminal punishment, involves certain shortcomings and unavoidable restrictions to the situation of isolation imposed by the normal living environment and placement, for a certain period, in a penitentiary. The limitation and restriction of certain rights may also concern the right to education, in terms of its volume and quality. At the institutional level, the application of the legal framework undergoes adoption depending on the perception of the subjects empowered to apply the law and the real possibilities of exact application of the laws. The context in which the National Penitentiary Authority, as the central public authority responsible for the execution of custodial penal sentences, in its Orders and Provisions indicates the need to carry out certain measures, including those of an educational nature, taking into account the real possibilities of the Institutions Penitentiaries from the Republic of Moldova. We propose for analysis the legislative framework in the field of execution of punishment regarding educational measures, related to some factual situations in the Penitentiary Institutions of the Republic of Moldova. The peculiarities of the educational measures in the penitentiary environment are obvious, their relief and differentiation from those of educational institutions highlight the level of resocialization of the prisoners.

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Neoliberal Penal Policy and Prison Privatization

Author(s): Olivera Pavićević,Ljeposava Ilijić,Milena Milićević / Language(s): English Issue: 22/2023

The paper analyzes the relationship between neoliberal penalty transformation and prison privatization as part of neoliberal market reform. The neoliberal political and economic project characterized by deregulation, individualization, privatization, and commodification has introduced competition, entrepreneurship, and economic efficiency in areas that previously belonged exclusively to the public sector. The alleged need for greater efficiency has led to an increase in private prisons, and the results of this transformation have shown that it is more about achieving economic efficiency at the expense of quality, competencies, and outcomes of services provided in this sector. In this paper, the starting assumption is that the increase in the number of private prisons does not imply the withdrawal of the state concerning the market. In contrast, it raises the question of the regulatory role of the neoliberal state that enables the market of new fields for profit. As a consequence of the tightening of penal policy, mass incarceration is a mechanism for resolving social conflicts caused by the transformation of social policy. Therefore, private prisons are aimed at making a profit by reflecting the spread of neoliberal rationality throughout society. Withdrawal of assistance and support from the social sector and transfer of exclusive responsibility from the social to the individual responsibility of prisoners as rational neoliberal subjects lead to a reduction of rehabilitation goals. In the context of prison privatization, this transformation leads to turning prisoners into a means of earning or cheap labor.

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STATE REPRESSION AGAINST THE JATAKS OF THE HAJDUKS IN THE FIRST HALF OF THE 19TH CENTURY

Author(s): Nikola Pantelić / Language(s): English,Serbian Issue: 1-2/2022

This paper focuses on legal and illegal measures that were applied by the Serbian state against jataks and hajduks. The essence of the state’s struggle against these social categories came down to cruelty and unwillingness to compromise. Due to such a setup, both categories (thugs and thieves) were largely equalized, which was unfair and excessive. After regulating the legal position of a hajduk, many legal provisions had an addendum that stipulated that they also apply to jataks. An additional problem of the state’s cruelty was reflected in the fact that there were at least two types of jataks. Namely, in addition to real jataks who were calculated accomplices of hajduk and who had their own benefit from hajduk crimes, there was also a certain number of “unwanted jataks”. The role of the state was particularly important in this period. While, on the one hand, it demanded the full cooperation of the population in dealing with the bandits, on the other hand, it did not provide citizens with any protection or help in case of bandit’s revenge. The state demonstrated its cruelty by not trying to separate the real from the unwanted jataks, and by not sanctioning the latter.

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Accessibility of Restorative Justice: Attitudes as Barriers to Greater Referrals

Author(s): Malini Laxminarayan,Annemieke Wolthuis / Language(s): English Issue: 4/2015

Many studies assessing the benefits of restorative justice have emphasized how such procedures can lead to greater satisfaction, empowerment for the victim, and less re-offending by the offender. Despite these findings, restorative justice procedures are not reaching their full potential due to barriers in accessibility. One factor at the core of inaccessibility is the lack of a restorative culture, and instead the punitive attitudes of legal professionals which dominate criminal justice. As a result, many legal professionals fail to refer cases to restorative justice procedures, despite their ability to do so. This article presents empirical findings to illustrate how legal culture may be a reason that insufficient numbers of victims and offenders are being referred to restorative justice procedures. Information is provided based on qualitative data from referral bodies, such as the police, prosecutors and victim support, in addition to restorative justice practitioners. Practical implications are also discussed, focusing on how better cooperation and awareness can partly deal with the issue of a dominant punitive legal culture.

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ŠKOLA KAO PREVENTIVNI FAKTOR MALOLJETNIČKE DELINKVENCIJE - MOGUĆNOSTI I SAVREMENI IZAZOVI

Author(s): Sadmir Karović,Vladimir M. Simović / Language(s): Bosnian,Croatian,Serbian Issue: 8/2023

The tendency to humanize modern criminal law came to the fore especially during the creation of legal solutions of a material, procedural and enforceable nature towards juveniles, in order for the legislator to express a special sensibility and protective attitude towards this specific age category. The specific criminal legal position, as well as the overall treatment of juveniles, must be viewed through the prism of their active and passive role in certain social processes. In this paper, the attention is focused on the preventive role and significance of the school in relation to juvenile delinquency as a complex social phenomenon that, with reason, deserves special attention from the scientific and professional, but also from the public. In the center of interest are juveniles as a specific age category, appreciating their special personal characteristics, as well as their specific criminal legal position. Appreciating that juvenile delinquency is a complex social problem, the expediency and justification of a multidisciplinary approach to study is recognized, in order to take into account and look at all the aspects of this phenomenon and find adequate solutions, i.e. to answers crucial etiological, phenomenological and preventive questions. In this context, the school, as an extremely important preventive factor of juvenile delinquency, deserves a central place when initiating and creating preventive solutions with the intention of proper, expedient and efficient use of real preventive possibilities and capacities. It is practically impossible to observe the etiological - phenomenological dimension of juvenile delinquency, while ignoring the influence of the school on the proper development and education of juveniles.

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OBRAZOVANJE I RESOCIJALIZACIJA OSUĐENIH LICA

Author(s): Nebojša Macanović / Language(s): Bosnian,Croatian,Serbian Issue: 8/2023

Education is one of the most important factors in the resocialization of convicted persons and an integral part of institutional re-educational treatment. However, the low level of education of convicted persons, their lack of interest in completing their education or retraining make resocialization difficult. Education, as one of the important segments of re-educational treatment, is neglected in most penal and correctional institutions. The reason for this situation is also a reflection of the situation in society and the crisis of the value system. In this paper, we will present the structure of the level of education of convicted persons in penal and correctional institutions in the Republic of Srpska, and show how informal learning during the serving of a prison sentence can influence the educational process to be improved within the framework of re-educational treatment and effectively affect the entire process of their resocialization.

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SUDSKA INDIVIDUALIZACIJA KRIVIČNE SANKCIJE – UPUĆIVANJE U ODGOJNI CENTAR PRI NJENOM IZVRŠENJU, STUDIJA SLUČAJA

Author(s): Vildana Pleh,Ismira Hadžić / Language(s): Bosnian,Croatian Issue: 8/2023

Observing the history of the development of juvenile delinquency, it is evident that it occurs in all countries regardless of social arrangements. The difference, however, exists in a number of factors that determine the fight against juvenile delinquency, one of the more significant of which is the influence of individual subjects of juvenile justice on the selection, duration and process of execution of a reaction, measure or sanction against a juvenile perpetrator of a criminal act. The court as a special authority has a very important role in the application and execution of criminal sanctions, especially criminal sanctions of institutional treatment. With its decisions, it changes the "fate" and the course of execution of the imposed sanctions, and thus the juvenile itself. In this paper, the authors deal with the role of the court in the execution of sanctions for institutional treatment, especially referring to the meritorious role of the court in the execution of a criminal sanction - referral to an educational center. The implementation of this educational measure, the rights and duties of subjects in that process, and the role of juvenile judges in the individualization of educational measures for minors, judicial individualization, will be shown through concrete examples, while analyzing a case study from the practice of the KJU "Educational Center of Sarajevo Canton". It should be emphasized that in the case of judicial individualization, the purpose of sanctioning is the resocialization of minors, which implies a multidisciplinary approach and the adequate application of legal, pedagogical, psychological and social approaches in working with juvenile offenders.

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PRAVO NA ZDRAVLJE I OBRAZOVANJE U ZATVORU

Author(s): Tamara Marić / Language(s): Bosnian,Croatian,Serbian Issue: 8/2023

Staying in a prison environment represents a specific experience for the majority of legally convicted persons. Although the purpose of punishment is reflected in the achievement of the goals of special and general prevention, it should be borne in mind that adaptation to special living conditions such as restriction of freedom of movement and management of established life habits represent a complex new situation that affects the general and mental health of prisoners. Does prison affect prisoners' awareness of healthy lifestyle habits and values? How does prison affect a prisoner's ability to change their behavior? What rights do prisoners have in prison? Do they come out as better or worse persons? Do prison sentences affect the health of the family and does the rehabilitation process for prisoners succeed every time? These are all questions that will be addressed within the topic of this paper.

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PRAVA MALOLJETNIH PRESTUPNIKA KROZ PRIZMU RESOCIJALIZACIJE

Author(s): Ognjen Sredojević / Language(s): Bosnian,Croatian,Serbian Issue: 8/2023

Juvenile delinquency, as a negative social phenomenon, means a form of criminal behavior by minors. This form of juvenile behavior is a social problem in every country. Special attention is paid to juvenile delinquency, by all European Union countries, including Bosnia and Herzegovina, which is still in the transition period. Contemporary literature defines juvenile delinquency as an impermissible phenomenon, i.e. from maladjusted to incriminated behavior. One of the understandings of such maladaptive behavior also refers to behaviors that are contrary to the usual and prescribed forms of behavior in society. Juvenile delinquency, as a form of socially unacceptable behavior, is a current socially negative phenomenon, which should certainly impose a need in the future for even greater involvement of the social community, and in order to act through state institutions to resolve the increasingly frequent cases of juvenile delinquency in Bosnia and Herzegovina. The criminal law position of juvenile offenders, both in modern criminal legislation and in the legislation of Bosnia and Herzegovina, differs from the criminal law position of adult offenders. In terms of juvenile delinquency in Bosnia and Herzegovina, in the previous period attention to this issue was also contributed by changes in the criminal legislation of the entities of Republika Srpska, the Federation of BiH and Brĉko District, which treat the rights, position, resocialization and rehabilitation of juvenile offenders, in the sense of setting aside juvenile legislation from general criminal law provisions to special legislation on minors. This legislation is reflected in the new Lawon Juveniles, as lex special is, but which was still absent with changes at the state level. This change provided a normative-legal framework for the adequate treatment of the problem of juvenile delinquency. Also, within the framework of the general purpose of criminal sanctions against juvenile offenders, it is especially determined that the purpose of criminal sanctions is to influence the strengthening of personal responsibility, education and proper development of minors, all with the aim of resocialization, rehabilitation and his reintegration into the social community.

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