We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Background report: Drug Users in Prison – the Norwegian Experience

Author(s): Hedda Giertsen / Language(s): English

This report is the preliminary research work under the Punishment vs. Treatment: the Situation of Drug Users in Prison initiative which main output is a forthcoming comparative analysis of the treatment of drug users in Bulgarian and Norwegian prisons. The study was prepared by the University of Oslo and it overviews the general context on Norway – general information on the country and its criminal justice system, policy and legislation on drugs explaining what are the perimeters of drug restriction and what are the national policies towards drug use. This information is illustrated with statistics on crime rates and drug crime in particular. It also presents the alternative sanctions available for drug users. Furthermore, the reports looks at prison population using drugs and sentenced to drug-related crimes – what are the principles by which prison authorities are guided in their attitude towards this group of inmates and what programs are available for them in Norwegian prisons.

More...

Anti-Corruption Policies Revisited: WP9 Organised crime and impact on vulnerable groups (ANTICORRP Integrated Report)

Author(s): Salvatore Sberna,Alberto Vannucci,Tihomir Bezlov,Dimitar Markov,Maria Karayotova,Ana Hećimović,Iva Nenadić,Munir Podumljak,Péter Gyimesi,Szidónia Nagy,Boróka Pápay,Zoltán Szántó,István János Tóth,Edona Krasniqi / Language(s): English

This integrated report investigates the link between political corruption and organised crime, by examining the modalities, resources and strategies used by criminal groups to govern and/or capture the market of political corruption. On the one hand, the report looks at the infiltration of organised crime in three main policy sectors where public spending and regulations play a pivotal role: public procurement, the privatization of public services, and management of EU funds. Alongside this, the report also analyses the criminal penetration of electoral politics, by evaluating the influence that criminal organisations can achieve in electoral arenas. As a result, the report provides a general assessment of policy regulations, legal countermeasures and practices adopted to prevent and combat organised crime, especially in interaction with political corruption. The report is drawn from data collected in five European countries (Bulgaria, Croatia, Hungary, Italy, Kosovo) across the above themes, and includes two more countries for the assessment of anti-organised crime legislation and initiatives (Albania and Georgia). The methodology involves both extensive and intensive strategies of investigation. A quantitative assessment of the crime and politics nexus is based on the Organised Crime & Corruption (OCC) events database, in which events data about the link between criminal groups and political corruption have been gathered and assembled1. A qualitative assessment involves in-depth understanding of the mechanisms of corrupt exchanges, presented as single case studies conducted in the countries covered by this study, inclusive of primary and secondary sources (interviews, legal proceedings, academic and policy-oriented reports). Data collection and analyses were conducted by five institutions across Europe (EUI, CSD, BCE, IKS, PSD).

More...

Model Approach for Investigating the Financing of Organised Crime

Author(s): Author Not Specified / Language(s): English

The financing of organised crime is a horizontal issue for all criminal markets, although it rarely falls in the focus of law enforcement agencies. The intelligence gathering of law enforcement agencies has traditionally been focused on uncovering the members of crime groups and tracing the illicit goods or services. Financial transactions are traced mainly for the purposes of money laundering investigations, where the focus is on the proceeds and not on the investments related to the criminal activities. The reason for this is that currently criminal prosecution procedures in all Member States are entirely focused on collecting evidence in regards to possession, transporting, manufacturing or sale of illicit products or services. Financing of organised crime is also often passed over in threat assessments and strategic analyses of organised crime.

More...

Vulnerable Groups of Inmates. Country report - Germany

Author(s): Martin von Borstel,Sven-Uwe Burkhardt,Christine M. Graebsch / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

More...

Vulnerable Groups of Inmates. Country report - Lithuania

Author(s): Gytis Andrulionis,Renata Giedrytė-Mačiulienė,Simonas Nikartas / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

More...

Vulnerable Groups of Inmates. Country report - Spain

Author(s): Alejandro Forero Cuéllar,María Celeste Tortosa,Iñaki Rivera Beiras,Josep M. García-Borés / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

More...

Re-socialisation of offenders in the EU: enhancing the role of the civil society (RE-SOC). Workstream 1: Imprisonment in Europe. Bulgaria – country report

Author(s): Dimitar Markov,Maria Yordanova,Miryana Ilcheva,Maria Doichinova / Language(s): English

The country background papers present information about the penitentiary system in Bulgaria, Belgium, Germany, Lithuania and Spain. The information includes: (1) legislation and other applicable regulations governing the penitentiary system; (2) structure of the system (types and number of facilities, location, management, etc.); (3) statistical data (prison population, capacity of penitentiary facilities, categories of inmates, budget, etc.); (4) studies and reports by domestic and international institutions and organizations dealing with prison-related issues; (5) additional information on the penitentiary system. The country background papers are based on the developed Methodology for data collection and analysis on the penitentiary system within the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative.

More...

Re-socialisation of offenders in the EU: enhancing the role of the civil society (RE-SOC). Workstream 1: Imprisonment in Europe. Belgium – country report

Author(s): Nicola Giovannini,Malena Zingoni / Language(s): English

The country background papers present information about the penitentiary system in Bulgaria, Belgium, Germany, Lithuania and Spain. The information includes: (1) legislation and other applicable regulations governing the penitentiary system; (2) structure of the system (types and number of facilities, location, management, etc.); (3) statistical data (prison population, capacity of penitentiary facilities, categories of inmates, budget, etc.); (4) studies and reports by domestic and international institutions and organizations dealing with prison-related issues; (5) additional information on the penitentiary system. The country background papers are based on the developed Methodology for data collection and analysis on the penitentiary system within the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative.

More...

Re-socialisation of offenders in the EU: enhancing the role of the civil society (RE-SOC). Workstream 1: Imprisonment in Europe. Germany – country report

Author(s): Sven-Uwe Burkhardt,Christine M. Graebsch / Language(s): English

The country background papers present information about the penitentiary system in Bulgaria, Belgium, Germany, Lithuania and Spain. The information includes: (1) legislation and other applicable regulations governing the penitentiary system; (2) structure of the system (types and number of facilities, location, management, etc.); (3) statistical data (prison population, capacity of penitentiary facilities, categories of inmates, budget, etc.); (4) studies and reports by domestic and international institutions and organizations dealing with prison-related issues; (5) additional information on the penitentiary system. The country background papers are based on the developed Methodology for data collection and analysis on the penitentiary system within the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative.

More...

Re-socialisation of offenders in the EU: enhancing the role of the civil society (RE-SOC). Workstream 1: Imprisonment in Europe. Lithuania - country report

Author(s): Gytis Andrulionis,Renata Giedrytė-Mačiulienė,Simonas Nikartas / Language(s): English

The country background papers present information about the penitentiary system in Bulgaria, Belgium, Germany, Lithuania and Spain. The information includes: (1) legislation and other applicable regulations governing the penitentiary system; (2) structure of the system (types and number of facilities, location, management, etc.); (3) statistical data (prison population, capacity of penitentiary facilities, categories of inmates, budget, etc.); (4) studies and reports by domestic and international institutions and organizations dealing with prison-related issues; (5) additional information on the penitentiary system. The country background papers are based on the developed Methodology for data collection and analysis on the penitentiary system within the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative.

More...

Download

Osnovne karakteristike američkog zatvorskog sistema

Author(s): Zoran Stevanović,Biljana Simeunović-Patić / Language(s): Serbian Publication Year: 0

American prison system is organizationally complex, with several jurisdictions and many penitentiary institutions. Divided jurisdiction between federal, state and local authorities from one side, and many kinds and types of prisons from another, make this prison system complicated and disunited. Thus there are inexplicable differences in conditions, standards and many other issues from state to state. American penologists look toward the future of state control of crime with much of anxiety. Enormous rise of a number of prisoners, an inefficacy of correction system and lack of really efficient corrective programs capable of correcting prisoners’ behavior strengthen a dark foreboding of the future in this field. The construction of prisons primarily for isolation of prisoners, not for ther behavior correction gets more and more frequent. At the end of 2006 there were 2.333.331 persons in prisons or jails in the USA or one-in-98 residents, presenting the biggest prison population rate in the world. From one year to another the number of prisoners rises by an average of 3.7 per cent. In recent years there has been noticed a tendency of increasing of number of prisoners in federal and state prisons while the numbers of prisoners in local prisons have been decreasing because of lack of resurces at the level of local community. As a reaction to permanent growth of prison population and more and more distinct danger to the safety of citizens, it has been developing the idea of super-maximum custody or ’supermax’. These prisons are described as “prisons of the future“ that should serve a purpose of harsher sentencing of those who are too violent, or for settling of those prisoners who must not be placed together with usual prison population.

More...

4.50 €

Biografie skazanych mężczyzn i kobiet przykładem kryzysu w rozwoju tożsamości człowieka

Author(s): Barbara Toroń-Fórmanek / Language(s): Polish Publication Year: 0

The aim of rehabilitation activities is to lead a person to a condition of adequate adaptation to standards of social life, develop skills which enable socialization and participation in culture and as a result to develop their own identity. Unfortunately, the theory does not coincide with practice which is shown in the author’s research. The article presents the connection between the human’s identity and his life before his imprisonment. The author associates the process of developing the identity with the lifestyle according to Walter’s conception and then, basing on her own studies, the author shows that the rehabilitation in the Polish prison system does not have a good influence on the convict’s reshaping process. It is believed that the cause of that is the biography. The author can see the connection between the developing of the criminal identity with the influence of school, peer group and criminal group. Moreover, the author pays special attention to the need to use creative methods of rehabilitation which support the development of the proper identity.

More...

Download

The Right Not to Punish

Author(s): Tiberiu Viorel Popescu / Language(s): English Publication Year: 0

No common reasons can be identified for the fundaments of the right to punish, the right not to punish or the right to decriminalize, although, at first sight, the three rights seem to have similar origins. As the right to impose a punishment derives from the law, so a law must also reflect the right to defer a punishment, to waive its application, or to decriminalize a certain conduct. A brief analysis of the right not to punish can also reflect the reason, the conditions, and, possibly, its limits. These can often be arbitrarily interpreted in practice due to reasons that must be identified. An arbitrary exercise of the right to amnesty or to grace, or poor implementation in the Romanian-German law of restorative justice, may have adverse consequences in terms of the safety of social values. To prevent arbitrariness and to ensure social security, the functions of the public authorities play an essential role. At present, only the legislative function generates the law, and the judicial function ensures that the law is implemented or it may order a punishment to be enforced if the law is violated.

More...

0.00 €

HELSINŠKE SVESKE №32: Praćenje reforme zatvorskog sistema u Srbiji 2012-2013 i Stanje ljudskih prava u zatvorima u 2011

Author(s): Jelena Mirkov Subić,Mara Živkov,Ljiljana Palibrk,Ivan Kuzminović / Language(s): Serbian

Tokom godina Helsinški odbor za ljudska prava obilazio je zatvorske ustanove u Srbiji i izveštavao o stanju ljudskih prava osuđenih i pritvorenih lica – drugim rečima, od 2001. godine Odbor je posetio svih 28 ustanova za izvršenje krivičnih sankcija, mnoge od njih više puta. U velikom broju izveštaja1 Odbor je posebno analizirao raskorake između domaćeg zakonodavstva i međunarodnih standarda s jedne i prakse u sistemu izvršenja sankcija s druge strane, sugerišući moguća rešenja. Pred čitaocem su izveštaji iz zatvora koje je Helsinški odbor posetio u periodu 2011–2013. godina. Ove posete realizovane su u okviru dva kompatibilna projekta – “Reforma zatvorskog sistema u Srbiji” i “Jačanje Nacionalnog preventivnog mehanizma i zagovaranje prava institucionalizovanih osoba”, koje su finansijski podržali Civil Rights Defenders i Ambasade Kraljevine Holandije u Srbiji.

More...

Download

Кажњавање малолетника у савременом кривичном праву

Author(s): Dragan Jovašević / Language(s): Serbian Publication Year: 0

All material (corporeal), processing and executive provisions related to criminal law in Republic of Serbia about juveniles are in the new Law about juvenile committers and criminal law protection of juveniles from 2006. January 1st (LAJCCA), conjoint in one place. That is how the juvenile criminal law has been created. It is characterized by: 1) principally, inquest of the juvenile injurers guilt is excluded, 2) among criminal sanctions towards juvenile injurers the priority belongs to the educable provisions compared to the punishment that presents the exception expressed in juvenile jail implementation. By the way of exception, with the juvenile jail can be punished only the older juvenile if he committed a crime for which the proposed punishment is over five years; if he is sufficiently mentally mature so that he can understand importance of that crime and he can control his acts; and when the consequences of the committed crime are that severe, and the extent of guilt that high that the application of educative provisions wouldn’t be justified, 3) in the criminal proceeding towards juveniles, prosecution and juridical apparatus have wide authority in terms of starting, processing and terminating the proceeding. Those authorities consist of discrete rights to withdraw prosecution regardless of what the committed crime is, if it is considered that it would be useful in terms of education and reeducation of the juvenile delinquent. The principle of utility has the priority over the principle of objectiveness. The court mandates consist of not only a wide scale of optional means and provisions, but of possibility to replace already delivered verdict with some other more convenient provision, if it is required by the specific situation and 4) in juridical system of the Republic of Serbia there are special jurisdictional bodies for struggle against juvenile criminality: special departments for juvenile delinquency in internal affairs agencies, a prosecuting attorney for juveniles and special juvenile council i.e. the juvenile court that supervises the whole criminal proceeding against any juvenile delinquent. The new juvenile criminal law anticipates two basic types of the juvenile criminal sanctions. These are:1) the educational measures and 2) the juvenile prison. They are legally anticipated measures of the social reaction towards the juvenile committers of the crime activities that are sentenced the legally determined organs in aim to protect the society from the criminality trough the education, reeducation and proper development of the juvenile. In this paper the author has analysed application of juvenile prison against juvenile perpetrator of crimes in new juvenile criminal law of Republic of Serbia and comparative law from theoretical, practical and comparative law aspects.

More...

Download

Labor and Education in the Penitentiary System - Basic Components of Rehabilitation

Author(s): Dorian CHIRIȚĂ / Language(s): English Publication Year: 0

The main objective that future criminal policies, in terms of the execution of sentences, must pursue more and more is the rehabilitation of detainees. Given the complex nature of the rehabilitation process, it is necessary for penitentiary administrations to use as many elements as possible, acting simultaneously or in a well-established order. This process should thus include several factors, such as: the assessment of their socio-educational needs; attending educational courses, vocational training; mastering the rules of behavior in society; cultural-educational actions of physical education and sports; encouraging and supporting family and community connections; moral education and religious assistance; permanent or temporary actions for recreation. In our opinion, of all these, a very important place is occupied by work and education. These fundamental elements will not only correct the personality of the detainee, but, moreover, will give him a better physical and mental condition, these representing, for the penitentiary administration but also for society, the indicators of a changed man, in which society must have full confidence. This paper provides an overview of these two processes, work and education, of persons deprived of their liberty, and emphasizes their importance, both for the detainee and for society as a whole.

More...

Download

The Basis of Punishment. The State’s Right to Punish

Author(s): Mariana Mitra-Niță / Language(s): English Publication Year: 0

One of the three fundamental institutions of the criminal law is the sanction. It represents the right, and also the obligation of the state to intervene when a legal norm with a criminal character is violated. However, what is this right of the state to sanction? What is the origin of this right and what is its usefulness? These make up only a small part of the many questions that jurists and philosophers have raised throughout history, trying to objectively justify the basis of punishment. The reason for repression must consist not in the state’s desire for revenge, but in preventing in the future the commission of dangerous acts related to the most important social values, since, as Cesare Beccaria said, "it is more effective to prevent than to treat!" The need for punishment stems from the innate human instinct of conservation in order to preserve one's own species.

More...

Download

ЖИВОТ ЗАД РЕШЕТКИ - ОСУДЕНИТЕ ЛИЦА НА КРАТКИ КАЗНИ ВО КАЗНЕНОПОПРАВНИТЕ УСТАНОВИ ВО РЕПУБЛИКА МАКЕДОНИЈА

Author(s): Elena Mujoska Trpevska / Language(s): Macedonian Publication Year: 0

The human rights of convicted persons as a specific category of human rights have been declared and widely discussed by the UN. For more than half a century, the UN has held congresses aimed at making decisions to strengthen international co-operation to limit criminality and promote the rights of convicted persons. Globalization allows wide dissemination of criminality, so cooperation between states and finding durable solutions or determining guidelines and standards for this purpose is a priority for this organization. In this way, the Organization directly affects criminal policy and the practice of penalizing national legislation worldwide. Almost 70 years after the Congress was held when penological issues that are of crucial importance for the prevention of crime and treatment of convicted persons were discussed for the first time, it is still appealing that each state must conduct thorough research on the situation and the number of prison sentences. We should continue to follow legislations with tradition of imposing alternative solutions, since deprivation of liberty proved counterproductive in the rehabilitation and reintegration process of certain categories of perpetrators of criminal acts, especially for the perpetrators of minor offenses.

More...

Download

ИЗВРШУВАЊЕ НА МЕРКАТА ПРИТВОР ВО ПРИТВОРСКИТЕ ОДДЕЛЕНИЈА НА ЗАТВОРИТЕ ВО РЕПУБЛИКА МАКЕДОНИЈА: ПОЛОЖБАТА НА ПРИТВОРЕНИТЕ ЛИЦА ВО РЕПУБЛИКА МАКЕДОНИЈА DE JURE И DE FACTO

Author(s): Aleksandra Gruevska Drakulevski / Language(s): Macedonian Publication Year: 0

In this article the author analysis the characteristics of the penitentiary system in the Republic of Macedonia and the position of the detainees de jure and de facto. The author concludes that the penitentiary system in our country has the features of a modern system. He is one of the penitentiary systems that fully incorporate the Standard Minimum Rules for the Treatment of Prisoners and the European Prison Rules in the Law on Execution of Sanctions. The paper provides an overview of the international and the national regulations on the execution of detention, and also, it provides an analysis of the situation of the detainees in the country. The author specifically analyses the acute problems facing the penitentiary system regarding the enforcement of the detention and the situation of the detainees de jure and de facto and mechanisms to protect the rights of detainees. Although data on the execution of detention in the country are scarce, the author of the paper analyses the detention using data from the reports of the Committee of the Council of Europe for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the National Preventive Mechanism (NPM) under the Ombudsman, as well as annual reports of the Directorate for Execution of Sanctions on the condition and operation of the penal and correctional institutions in the country. From the analysis of the reports the general conclusion is that regardless of the fact that the rights of the detainees are guaranteed by the law and by the international documents and must not be violated and they also determine obligations whose execution does not degrade the personality of the detainees, however, in practice there is a discrepancy between the situation of detainees, de jure and de facto. The author of the paper detects key problems facing our penitentiary system in terms of the execution of detention, namely: overcrow ding (overcrowding) in the detention units in the prisons; substandard conditions in detention units in prisons, inadequate arrangements for detainees, improper treatment of detainees by prison staff, inadequate nutrition, inadequate health care of detainees, inadequate staffing of detention departments, etc.

More...

4.60 €

Migratory Stratification in Prison. An Overview of the Italian Context

Author(s): Alesandro Maculan,Luca Sterchele / Language(s): English Publication Year: 0

In this chapter, we aim to challenge the concept of “migratory stratifications” as outlined by the editors in the introduction to this book – the sedimentation and overlap of various migratory moments persisting within the same social context – as Della Puppa, Sanò, and Storato conceptualized in the introduction of this book –, concerning the dynamics and flows that have characterized the Italian penitentiary system over the last 30 years (Colucci, 2018). This undertaking does not merely entail a thorough examination to test the concept’s validity at a specific, situated level, presumed to possess exceptional characteristics compared to other social and institutional contexts. Instead, building on previous studies that have shaped the trajectory of Critical Prison Studies (see Sbraccia and Vianello, 2016), this contribution regards the prison as a perspective angle, an observation point from which to examine the processes affecting the incarcerated population beyond confinement, where these processes often undergo significant solidification.

More...