Family probation in Poland – the dynamics of the intensity of tasks in the investigation and enforcement proceedings

Author(s): Paweł Kozłowski / Language(s): English Issue: 1/2019

The article presents the dynamics of the number of tasks performed by family court probation officers in Poland in the last decade. The number of areas of tasks carried out by order of the court, both in cases undertaken before final rulings are issued and in duties performed in the course of proceedings after issuance thereof, was analyzed. On the basis of these analyses, conclusions were drawn on the number of tasks of family probation officers over the last ten years in Poland and postulates for changes, including legislative ones, resulting from the practical aspect of the performance of tasks by probation officers in family and juvenile cases were presented.

Adaptacja do izolacji więziennej. Przegląd koncepcji

Author(s): Kamil Miszewski / Language(s): Polish Issue: 1/2020

Artykuł ma charakter przeglądowy. Zaprezentowane i omówione zostały koncepcje(w tym typologie) adaptacji do izolacji więziennej, które pojawiły się w literaturze na przestrzeni lat, a dokładnie: Leona Rabinowicza, Władimira Pirożkowa, Donalda Clemmera,Greshama Sykesa, Ervinga Goffmana, Johna Irwina, Stanley’a Cohena i Laurie’go Taylora,Roy’a Kinga i Kennetha Elliota oraz Bena Crewe. Autor wyjaśnia kontekst, w jakim powstały,przedstawia ich wady i zalety oraz rozważa kwestię uniwersalności każdej z nich.

(Bez)smisao kazne zatvora ili ka feminističkoj analizi kazne

Author(s): Vesna Nikolić-Ristanović / Language(s): Serbian Issue: 2-3/1995

The aim of this paper is feminist analyses of penalty through exploration whether it is possible to achieve the purpose of punishment by executing the imprisonment sentence in the way it is done in the contemporary prisons for women. This analyses is based on the results of the research carried out in the prison for women in Požarevac and on results of the comparative researches in prisons for women in the USA, Canada and Europe. The author concludes that open institutions can rarely be found among female penitentiary institutions. Thus, the institutionalization and treatment of female convicts, in respect to the level of control and security, stands in absolute contradiction with the real social threat and is more a way of producing further dependence, rather than a method for preparing them for normal life on freedom. Such execution of the penalty of imprisonment does not serve the purpose of punishment, but on the contrary, it creates convenient conditions for further criminalization and/or victimization of female convicts.

Application and coherence of the model of restorative justice in Europe

Author(s): Antonio Iudici,Elena Faccio,Jessica Neri / Language(s): English Issue: 1/2020

Even in a spirited debate about its effectiveness and sustainability, restorative justice is now considered a new systematic legal proposal. The requirements of this meta-model include a criminal phenomenon through relational and inter-subjective reading, considering the crime in terms of injury to people. Also, they pose considerable attention to the needs of the victim and programme restorative actions on authors of the crime. This approach is sometimes considered difficult to apply. Starting from the legal environment to existing literature, this research investigates the coherence between the metatheoretical framework of reparative justice and some operational practices implemented in different European countries. With a systematic review of practices considered, it has outlined the state of the art of its application, describing critical issues and strengths, as well as providing important points, to be considered for theorists, professionals and experts involved in the development of alternative models to punishment.

Punitiveness of electronic monitoring: Perception and experience of an alternative sanction

Author(s): Marina Richter,Barbara Ryser,Ueli Hostettler / Language(s): English Issue: 3/2021

Electronic monitoring (EM) serves as an alternative sanction to incarceration. An important aspect that remains only scarcely debated in the literature is EM’s punitiveness and, more specifically, exactly how punitive EM is in comparison to different forms of incarceration. Responding to this gap, we propose a systematic meta-analysis of relevant studies that scrutinizes and compares different studies on EM and its punitive effects (or perceptions of its degree of punitiveness) in relation to incarceration. Ultimately, there is no simple and straightforward answer: EM’s level of punitiveness differs with the various sociodemographic variables of respondents included in the studies and the various characteristics of the penal system. It is necessary to assess the degree of punitiveness of EM to determine the conditions under and terms with which it should be applied, for example, as a humane substitute for incarceration or as an additional pain of the penal system.

PENITENTIARY SYSTEMS AND THE COVID-19 PANDEMIC: PRISON POPULATION IN THE PERIOD OF THE ’NEW REALITY’

Author(s): Zdravko Grujić,Dragan Blagić,Ivan D. Milić / Language(s): English Issue: 4/2021

The appearance of the SARS-CoV-2 virus and the spread of the infectious disease COVID-19 led to the declaration of a pandemic by the WHO in early 2020, and epidemics at the level of nation states. The consequences of the enormous speed of the spread of the virus and the consequences for human health have influenced significant changes in all spheres of social life. The period of ‘new reality’, as the time in which we live is called, is characterized by numerous limitations and restrictions of "normal life flows and activities" in an attempt to prevent or slow down the spread of the virus. Established restrictions on fundamental rights and freedoms vary in scope and duration depending on the epidemiological situation in a particular country. Pandemic trends are unpredictable, so the reactions of states at the normative level are usually forced. The authors devoted their work to the prison population as one of the vulnerable groups during the pandemic, the impact of COVID-19 on the functioning of prison systems, the normative aspect of prison health protection at the global level, comparative trends in virus infection and prevention in prisons, and especially restricting the rights of convicts in the Serbian penitentiary system during the pandemic.

Self-injury of convicts in conditions of prison isolation

Author(s): Eliza Mazur,Paulina Forma / Language(s): English Issue: 36-37/2020

Prison isolation forces a person serving a sentence of imprisonment to comply with the organizational regulations of the penitentiary unit and to adapt to completely different, previously unknown living conditions. The conditions prevailing in the prison make it impossible to meet many mental and social needs related to freedom, sex, social contacts or preferences. Many studies on self-injury emphasize that the reality of prison and the fact of losing freedom adversely affects the behaviour and well-being of people serving prison sentences. Marking, standardization and degradation are related to the process of depersonalization. Behaviours directed against oneself concern all groups of convicts, especially juveniles, remand prisoners and penitentiary recidivists. The aim of the article, apart from presenting the theoretical aspect of self-injury, is, inter alia, to determine what kind of self-harm is committed by people serving a sentence of imprisonment and what are their reasons. The authors look for answers to the research problems in the results of the research carried out in the Kielce Remand Prison in a group of a total of 120 convicted men and women (penitentiary recidivists, people convicted for the first time). In the light of the obtained research results, the convicts perform various self-injuries of the body. The most characteristic are: skin and subcutaneous tissue incisions on the abdomen, chest, forearms, swallowing objects, refusal to eat, inserting objects under the skin, eye powders, oral poisoning. Psychologists see the determinants of this phenomenon in personality disorders, which are characterized by: aggressiveness, irritability, tendency to impulsive and primitive behaviour, the predominance of emotionality over intellectual reactions, low self-esteem and guilt. On the other hand, practitioners working in a prison on a daily basis believe that the deprivation of needs and frustration in conditions of prison isolation are the main source of this type of behaviour. In this way, people who commit acts of self-harm deal with enormous psychological tension. For them, it is also a form of survival in conditions of penitentiary isolation.

Zarządzanie w jednostkach organizacyjnych Służby Więziennej – wyniki badań pilotażowych

Author(s): Justyna Kotowska,Anna Modzelewska,Sebastian Skuza / Language(s): Polish Issue: 1/2021

The aim of the article is to explore issues in the field of management in prison based on pilot studies carried out within the directors of selected prisons. The subject of the research are management styles and personality aspects of top-level managers in prisons, important from in the context of effective professional functioning. The authors conducted interdisciplinary research using research tools and techniques used in management sciences, legal sciences and psychology, using the in-depth interviews, the Bochum Inventory of Personality Determinants of Work by Rudiger Hossiep and Michael Paschen (BIP), elements of observation and desk research. The greatest differences between the respondents were obtained in the area of Social sensitivity, Openness to relationships and Sociability, the most consistent results were observed in the area of Assertiveness. It has been observed that most directors try to depart from the autocratic style of management towards a humanistic one, oriented at building interpersonal relations.

Twórcza resocjalizacja jako obszar transgresji potencjałów

Author(s): Monika Wróblewska / Language(s): Polish Issue: 1/2021

The study aims to answer the question about the presence of the potential for transgression in creative social rehabilitation activities. The analysis of the issue includes the conditions for the development of subjective potential, the characteristics of its disclosure and creation in creative activities in the context of social rehabilitation processes. The essence of transgression is the experience of the border and its crossing – presented in Józef Kozielecki transgressive concept. Creative social rehabilitation is essentially a positive change in a socially maladjusted person. The transgressive concept, focused on change and development, shows a positive vision of man, just like in terms of creativity. Creative social rehabilitation is an area of potential transgression. There is causative transgression in it. The inner creativity of a socially maladjusted person can be considered a personal and constructive transgression.

Добривоје Радовановић: СВОЈСТВА ОСУЂЕНИКА И ЗАТВОРСКИ ТРЕТМАН, Београд, 1988, библиотека „Истраживања”

Author(s): Zorica Mršević / Language(s): Serbian Issue: 5/1989

др Драгољуб Атанацковић, ПЕНОЛОГИЈА, „НАУЧНА КЊИГА“, Београд, 1988, стр. 335

Author(s): Zoran Ilić / Language(s): Serbian Issue: 4/1989

A Study on Effects of Immersion in River Water and Sea Water on DNA Placed on Guns

Author(s): Jelena Jovanović / Language(s): English Issue: 3-4/2022

To determine the quantity of DNA that can be obtained from that placed on guns after 30 minutes, 90 minutes and 270 minutes of immersion in water. Also, the aim of this study was to disclose how different types of water environments, such as freshwater and saltwater, affect the amount of DNA loss and degradation over the preset period of time. Firearms was swabbed with a double swabbing technique. DNA was isolated using a Qiagen procedure, quantified by real-time PCR, amplification was on thermal cycler and Capillary electrophoresis was performed on 3500 Genetic analyzer. The electropherograms obtained were analyzed with the GeneMapper ID-X software. Through the comparison of DNA amounts detected after isolation and DNA profiles/allele numbers detected on guns, it can be concluded that the influence of saltwater and freshwater are significantly different. The loss of DNA in saltwater from the outer firearms surface after 30 min is similar to the loss of DNA in freshwater after 90 minutes of immersion. Based on the results of this study, especially the results of real casework sample, it can be concluded as expected that saltwater has a more serious effects on the degradation and the loss DNA on guns than freshwater. Further, it point out that the guns found in freshwater after crime could be a valuable piece of forensic evidence, whilst the guns recovered from saltwater will have less value as forensic evidence if found after more than 30 minutes.

REFUZUL DE HRANĂ – O MODALITATE DE MANIFESTARE A LIBERTĂȚII DE EXPRIMARE A PERSOANELOR PRIVATE DE LIBERTATE

Author(s): Ioan Mircea David / Language(s): Romanian Issue: 1/2022

During the execution of custodial sentences, sentenced persons benefit from a series of rights that the legislator being expressly and restrictively regulated in Law no. 254/2013 on the execution of sentences and custodial measures orders by the judicial bodies during the criminal proceedings. However, the aforementioned Law has also established a special procedure known as „denial of food” which is carried out under strict supervision by the authorities, thus providing the sentenced person with a number of remedies to which the person can appeal when his rights are violated. The regulation of such a procedure, separate from the rights of sentenced persons, leads to the conclusion that the legislator has sought since 2013 to provide sentenced persons with a legal framework for remedying any violation of their rights. Such legislation can be improved and must be kept in line with national and international legislative developments.

The Rights of Prisoners in Spanish Constitutional Jurisprudence

Author(s): Fernando Reviriego Picón / Language(s): English Issue: 2/2022

his article analyzes the doctrine of the Spanish constitutional court on the rights of prisoners. In four decades, the constitutional court has issued a large number of judgments in this area, in matters related to the right to life, privacy, freedom of expression, education, judicial protection, secrecy of communications or the right to work of the prisoners. The impact of the COVID-19 pandemic in prisons during 2020 and 2021 is also addressed.

Przeciwdziałanie radykalizacji dżihadystycznej w hiszpańskich więzieniach

Author(s): Stanisław Kosmynka / Language(s): Polish Issue: 2/2022

The process of radicalisation, that often takes place in prisions in European and Muslim countries, is extremely important to understand the challenges and threats for the international security, caused by jihadist terrorism. It is necessary to analyse how condemned individual becomes involved in militant activities. The article analyses the problem of violent radicalisation in Spanish prisions and examines anti-terrorist policy based in this context on the idea of prevention, deradicalisation and disengagement. The research is focused on the conditions and purposes of the Spanish strategies and programmes introduced in the penitentiary centers in the response to the jihadi recruitment in the Iberian Peninsula. The author emphasises the priorities of the National Strategic Plan to Combat Violent Radicalisation approved in 2015 and other initiatives and regulations to stop the Salafi proselytism and unable the indoctrination activities among the Muslim in prisions. The methodological analysis is based on the integration of historical and system method and refers to the Marc Sageman’s theory of the jihadist network, which is more appropriate to understand how they appear and operate. The main finding of the article is that Spanish authorities have implemented the multidimensional and integrated programmes countering violent extremism and anti-radicalisation in prisions that are effective, despite some elements that could be improved.

POLICJA JAKO PODMIOT ODPOWIEDZIALNY ZA WALKĘ Z PRZESTĘPCZOŚCIĄ NIELETNICH

Author(s): Piotr Magdziarz / Language(s): Polish Issue: 2/2022

The aim of the work is to discuss the activities of the Police in relation to combating youth crime. Symptoms of social maladjustment among young people were characterized, and a number of factors shaping the social determinants of committing crimes among young people were indicated. The study mainly used research methods such as: critical analysis of the literature on the subject and synthesis. In today's world, juvenile delinquency is recognized as one of the most serious social threats. In addition to becoming the basis for many pathologies, it is also a profitable business for many organized crime groups. The real problem of social, but also criminal nature began at the moment when the "consumers" of crime became younger and younger people. The paper discusses the activities of the police in relation to combating crime among young people. The symptoms of social maladjustment among young people were characterized, a number of factors shaping the social determinants of committing crimes among young people were indicated. The paper uses mainly research methods such as: critical analysis of the literature on the subject and synthesis. It is indisputable that the prevention of juvenile delinquency is one of the important tasks of the social policy of the state, the educational system, social institutions and organizations, the judiciary and families. It is also widely believed that prevention is a more effective means of eliminating these phenomena than re-socialization activities when social maladjustment is already very advanced. Therefore, the focus of re-socialisation activities shifts from re-socialisation to prevention by increasing the care and educational activities, providing social support for children and their parents, and withdrawing from repressive actions to therapeutic and educational activities when dealing with dejected youth.

Security of Polish penitentiary units of the Prison Service in the face of the COVID-19 virus

Author(s): Robert Mieczysław Chrzanowski,Ryszard Piwowarczyk / Language(s): English Issue: 13/2022

Objectives:The aim of the article is do demonstrate the importance of the roles and tasks of officers and civil servants of the Prison Service, who in the face of the COVID-19 virus take actions which affect on peace and safety inside penitentiary units, which translates into internal state security.Methods:The publication uses a method for examining documents and literature.Results:The analysis of documents and literature has revealed the principles of the functioning of individual organizational units in prisons and detention centers in times of pandemic. Logistics activities, which are carried out by officers and civilian staff of the Prison Service have been identified, starting with a wide range of tasks relating to the provision of social and living conditions, penitentiary, protective, accountancy activities, through appropriate medical care.Conclusions:The Prison Service, despite the constantly changing pandemic reality, continues to be guided by the values and principles set out in the legislation. One of the key laws in the law of 9 April 2010 on Prison Service and the law of 6 June 1997 on the Code of Criminal procedure. Officers and civil servants, who by following the number of regulations and also information and guidelines – published by the Main Sanitary Inspector and also orders issued by superiors to prevent COVID-19 spreading – protect the lives and health of people in prisons. The tasks performed translate into peace and security in penitentiary units and have a significant impact on the internal security of the State.

Prawo więźnia do ochrony zdrowia i godnej śmierci w warunkach tak zwanego dożywocia realnego

Author(s): Piotr Stępniak / Language(s): Polish Issue: 61/2021

The article discusses selected problems of medical care for inmates serving life sentences. The author analyzes the purposefulness of its provision as well as the type and scope regarding the elimination function of this punishment. He indicates that the penalty fulfills such a function in the event that the court restricts the formal request for release for more than 25 years (art. 77 § 2 of the Penal Code). In this context, the author analyzes the issue of realizing the convict’s right to health protection and to a dignified death. The analysis is based on judgments specifying the quantum of the sentence served for 50 years. In the conclusion, he indicates that medical assistance is insufficient and the convicts die in conditions that violate their dignity. The author is in favor of deleting art. 77 § 2 of the Penal Code because it allows courts to impose absolute life imprisonment. He also proposes the conditional early release for humanitarian reasons.

Předběžné šetření jako conditio sine qua non uložení trestu domácího vězení

Author(s): Ivo Polanský / Language(s): Czech Issue: 2/2023

This paper discusses the preliminary inquiry as a special means of proving the personal circumstances of the offender when imposing a sentence of house arrest. The application practice of law enforcement authorities shows certain shortcomings in establishing the basic circumstances necessary for assessing the possibility of imposing a sentence of house arrest. These shortcomings may stem from the absence of a legal obligation of the court to conduct a preliminary inquiry before imposing a sentence of house arrest. The paper therefore deals with the conditions for imposing a sentence of house arrest, the practical significance of the preliminary inquiry and places this sentence within the legal framework of evidence in criminal proceedings and compares it with foreign legislation in selected countries at the same time.

IMPLEMENTATION OF THE RISK ASSESSMENT IN PRISON SENTENCING

Author(s): Vesna Žunić Pavlović,Ranko Kovačević,Muniba Mehmedović,Edin Muftić / Language(s): English Issue: 1/2023

Parallel to the growing knowledge on the principles of effective treatment of offenders, during the last two decades, there has been significant development in the field of risk assessment. However, there is little research on the use of standardized risk assessment procedures in practice. The objective of this study is to determine the relationship between the individual level of risk and characteristics of the treatment of inmates in the Tuzla Semi-Open Correctional Facility. The sample consisted of 67 inmates of both sexes (70.1% male and 22.9% female), aged from 24 to 67 (M = 40.60; SD = 10.81). Data was collected by analyzing the official records. Results of this study reveals few differences in the treatment of inmates according to their risk level. Statistically significant differences were recorded in 2 of 12 treatment characteristics, namely, an internal classification and the frequency of the individual meeting with a counsellor. These findings indicate the obstacles in the implementation of risk assessment in routine practice.