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People live in “collective relationships of harm and vulnerability”. This social-theoretical concept focuses on the fact that people interact as vulnerable subjects and subjects capable of violence whose vulnerability, solidified in dispositions, may be considered the result of violence sustained and inflicted in historical constellations. Following an outline of psycho-analytical research results, the author presents the concept of transgenerational transmission of serious (traumatic) injuries and emphasizes the importance of enactments as a special form of unconscious actional retrospection in social situations. It is argued and illustrated that these and other traces of collective violence – even those dating back to the early centuries – are eminently manifest in modern immigration societies (e. g. in interactions with political refugees). From a normative perspective, the author advocates a heightened sensibility towards harm that presupposes a differentiated concept of violence that also includes symbolical and psychological forms. After giving a short explanation of two modes of symbolical and psychological injury that are important in migration societies – “dyspresentation” and certain forms of omission, namely silence –, the author finally discusses the ‘danger’ of promoting a dubious “tribunalization” of psycho-social realities through an increasing (scientific) sensitization for relationships of harm and vulnerability.
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This article aims to analyse works from the series ‘Sympathy for the Devil?/The Wretched of the Earth’ (2008-2011) by the British artist Esiri Erheriene-Essi. The central figure is Brigitte Mohnhaupt, the German terrorist responsible for the most brutal attacks perpetrated by the Red Army Faction (RAF). Łazarz draws on psychoanalytical tools, especially ones based on the works of on Sigmund Freud and Hanna Segal. Her analysis suggests that the creation of Mohnhaupt’s portrait allowed the artist to engage in a sort of public autotherapy that made it possible to confront herself with her own emotions relating to terrorism, to become aware of ambivalence and to become empathic towards the protagonist. Her audience can participate in this experience, both consciously and unconsciously.
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The article analyzes the elements of a crime that provides for the responsibility for the failure to assist a sick person. Based on the analysis of the current criminal law and the existing scientific data, we present our own vision of the problem. We propose making changes to Article 124 of the Criminal Law of the Russian Federation, i.e., it is recommended to define the nature of medical assistance and to add a note where necessary that specifies the concepts of medical assistance and medical workers.
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The paper focuses on the gaps in national law in preventing repetitive violence and adopting a general strategy for the prevention of violence against women. The national legislation of the Republic of Lithuania is evaluated in relation to international law in the area of gender-based and domestic violence. Notably, Lithuania is a party to the corresponding international documents in this area. However, the national legislation at the level of laws and regulations lacks links with international law and relevant documents. The basic preventive measures are very broad and are not targeted at the elimination of violence against women; instead, they seek to decrease the numbers of crimes in the area of domestic violence. The most relevant sectors for prevention, i.e. the health care sector and the education sector, are not involved. The objectives of prevention are not placed within the gender equality paradigm, and violence against women is not seen as being connected with stereotypes and discrimination. In addition, gaps are identified in the prevention of repeated violence against women. The paper suggests that the system of protective orders should be reformed so that protective orders are available to all victims of violence and not limited to domestic violence victims. Both civil and criminal protection measures should exist, and they should be applicable to post-trial victims as well. It is also recommended that the Council of Europe Convention on preventing and combating violence against women and domestic violence, which is the most thorough document on prevention, be ratified. Ratification would improve the weakest point in Lithuanian legislation on violence against women – the prevention of violence.
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The paper presents a detailed analysis of the views expressed by A.A. Piontkovskii (1862–1915), the professor of Imperial Kazan University, on death penalty as a form of criminal punishment. Attention is paid to various arguments for death penalty abolishment, which were laid out by A.A. Piontkovskii in his monograph “Death Penalty in Europe” (1908) and remain relevant in our contemporary world.
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The paper discusses elements of a crime encroaching on the basics of free market, fair competition. The elements and features of this type of crime, as well as the practice of applying the above-stated norm, are analyzed. Current trends in the legal policy of foreign countries concerning the field of antitrust legislation are studied. The statistical data on accountability for crimes against competition in Russia are considered. Weaknesses are identified in the legal technique of criminal legislation regarding the relations associated with the activity of economic entities. The dependence of effective law enforcement for preventing, eliminating, and restricting competition on the commensurate and adequate correlation between the norms of civil, administrative, and criminal legislation is proved. The need to strengthen the cross-sectoral links of antitrust legislation is substantiated.
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The paper examines a new penitentiary system conception generated in the USSR after the GULAG liquidation. This system was created as a specific “normalizing” and “therapy” space to not only isolate the society from unlawful and disloyal citizens, but also to “sovetisize” them if possible. Basing on the previously non-used official documents kept in the Russian State Archive of Modern History (RGANI) and law documentation, the specificity of penitentiaries for the convicted of state crimes (“politicheskikh”) and their role in a new Soviet prison model are revealed and analyzed. It is proven that special penitentiary institutions opened in the 1960s – 1970s to isolate beyond re-educational and extremely dangerous state criminals differed greatly from the ordinary penitentiary system institutions, including the problems of the prisoners’ daily life organization and regulation. Contradictions are found between the authority conception and the prison routine realities. It is argued that the penitentiary reform of the 1950s – 1960s in the USSR consists of two periods: the first one (1954–1960) was the period of some liberalization; the second one (since October 1960) was the period of increased penalties for crimes against the state. It becomes obvious when analyzing the situation of political prisoners in the examined period.
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The work of the probation officer for juveniles is tidied up with appropriate legal documents.However chaotic action is written down into the repair work and in spite of regulations which aredescribing the appropriate form of the execution of tasks, directly are touching practical actionscarried out with charge. Because we are dealing with unordered, diverse world of the customer –persons of the juvenile and families.
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The successful implementation of the activities under the recently launched initiative Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) depends on the expanded knowledge of the prison systems in the participating countries. Therefore, a separate set of activities is dedicated to the collection, analysis and systematization of the available information and tailoring it to the specificities of the other initiative activities. To facilitate this process a Methodology for data collection and analysis was developed, which includes the following components: (1) list of issues to be covered; (2) recommended sources to be consulted and relevant international standards; (3) methodological guidelines on how to collect, analyze and present information; (4) glossary of terms; and (5) language and style requirements. The developed methodology will be used for analyzing the information collected for several EU Member States. The analysis will aim to answer specific questions related to the prison system: structure and legal framework of the penitentiary system, prison capacity, number and structure of the prison population, etc. The results of the analysis will be summarized in country background papers.
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Judicial hegemony or juristocracy can be defined as the use of caste within the state to reach the strategic objectives of the judges and prosecutors who are the members of illicit organization. This study aims to explore and analyze the organizational structure of the terrorist organization, which is called PDY, and understand how this terrorist organization terrorized the judicial structure in Turkey. Based on the theoretical framework of elitism and bureaucratic elitism, the study also aims to analyze the relationship between PYD terrorist organization and judicial system by using the case study as a method of data collection method.
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The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues. The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues.
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Typologies are important in providing greater detail to what is meant by the concept of transnational organized crime. It is clear from the overview of the groups the wide variety ofstructures, activities and potential outcomes that are encompassed by the concept. The identification of different types provides more detail in this respect providing a clear picture of what is entailed by the phenomenon of transnational organized crime. The identification of a series of typologies has important policy implications for law enforcement agencies. Different strategies of law enforcement must be used in confronting different types of organized crime groups. Identification of typologies may provide a useful tool for law enforcement professionals.
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This publication is the output of the Helsinki Committee for Human Rights in Serbia’s activity over the third year of the implementation of the project “Prevention of Torture: Support to the Rehabilitation of Victims of Torture” realized with the assistance of the European Commission – European Initiative for Democracy and Human Rights. Apart from the Helsinki Committee for Human Rights in Serbia, this three-year project includes Bulgarian, Hungarian, Macedonian, Polish and Russian Helsinki committees, as well as the International Helsinki Federation. At regional level, the project aims at preventing torture, inhuman or degrading treatment or punishment in detention facilities (police stations, prisons, psychiatric institutions, etc.), encouraging non-governmental organizations to monitor overall conditions in these institutions and at exerting pressure on national governments to make it possible for the nongovernmental sector to conduct these fact-finding missions. [...]
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The subject of research in this article is the phenomenon of cyberbullying. The aim of the study is to show how the victim can bring his attacker to criminal liability. The most common types of cyberbullying, as well as statistics of identified crimes from individual articles of the Criminal, Civil, and Civil Code articles, were also discussed. In addition, the article is to indicate the problem of the inadequacy of the code provisions for new types of crime. The research methods used include the analysis of existing data. The article is an attempt to categorize forms of cyberbullying and to organize terminology. The article may be the basis for further detailed research on the phenomenon of cyberbullying.
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The aim of this article is to illustrate how deeply digitisation is entering the process of managing migration in the EU. It raises the question of the stage of development of existing and new tools in this area. Against the background of the processes of digitalisation and strengthening the internal security of the Schengen area, using an analysis of the sources of European Union law, the modernisation of the three main systems used in EU migration policy will be presented: SIS II, VIS, Eurodac and 3 new systems: EES, ETIAS, ECRIS-TCN. Their development has accelerated in the last few years, as the migration crisis of 2015-2016 has highlighted the need to fill the security gaps by integrating these systems. The use of large-scale computer base is therefore a challenge to ensuring security in the EU, but it raises the question of the pace and scale of change and its impact on the protection of personal data.
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Modern societies are associated with the constant flow and acceptance of information and communication technologies at home, in the workplace, in the process of education, even in recreational activities. The development of new technologies has not only challenged human rights, but also politics and society in general. Even more importantly, this new technological level has also empowered transnational corporations operating in the digital environment as hosting providers to perform quasi-public functions in the transnational context. New technologies have the potential to make significant positive contributions to the prevention, promotion, and protection of human rights and democratization, decentralization, and digitalization of politics and the advancement of society as a whole.
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The punishment, which has existed since the beginning of social life, has many functions. The most important of these is that punishment provides general and specific prevention. In order to achieve this aim, the offenders must be punished appropriately for the crime they have committed, and these penalties must be properly executed. In Turkish Penal Code No. 5237, imprisonment and judicial fines are included as types of punishment. The types of punishments in the Iraqi Penal Code are primary punishments such as the death penalty, life imprisonment, imprisonment for a term of years, penal servitude, detention, fine, confinement in a school for young offenders, and confinement in a reform school. They also take the form of incidental penalties such as police supervision and additional penalties such as withdrawal of certain rights and privileges, confiscation, and publication of the sentence. In this study, within the framework of these regulations in both penal codes and detailed literature research, the penalties and punishment types given to the crimes in both laws will be examined.
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Positive opinions about impact that relations with animals have on participating humans were the main reason for introducing animal-based resocialization programs in correctional institutions. As a form of occupational therapy, they aim at increasing and improving social and psychological skills of imprisoned individuals. They aim at creating and increasing empathy, improving communication and its effectiveness, building sense of responsibility and patience. Participants of such programs underline the positive impact on their well-being and subjective sense of wellness. In this text, I present the short history of using relations with animals in improving psychological and social competencies of humans. I also discuss the positive effects that such programs have on the effectiveness of correctional institutions.
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The current paper presents and analyzes recent empirical data from a nationally representative study of the factor determinism of the „shadow economy“. Within the framework of the study assessments were collected, revealing the dependencies between the demographic characteristics of the individual and the tendency to deviant behavior in the economic sphere. Depending on the inclination and attitudes towards deviant economic behavior, we distinguish between economic deviants and economic conformists. Economic deviants tolerate and get engaged in various manifestations of the „shadow economy“, although under certain circumstances economic conformists also ould be tempted by the shadowy practices.
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