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Postrzeganie i respektowanie norm społecznych przez młodzież w okresie adolescencji

Author(s): Daria Sikorska / Language(s): Polish Issue: 16/2015

The paper discusses the perception and observance of social norms by adolescent youth. The research was conducted with the diagnostic survey method, among pupils and students of three schooling levels: primary, lower-secondary and upper secondary schools. Subjects associated the notion of “social norms” mainly with the obligation to behave in a certain way, with prohibitions, common customs and orders. Legal and moral norms were considered as the most vital, while minor importance was given to manners, traditions or religious norms. The latter had a low connotation for subjects. Nearly half of them showed the knowledge of social norms, and declared that they strive to abide by them in their everyday life. For adolescence, the main push factors to violate social norms are the need to impress and to follow peer behavior or the defective socialization process. The isolation in the peer group and the loss of respect are considered by adolescents as the most serious consequences of social norm violations.

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Norma społeczno-kulturowa/prawna (art. 207 k.k.) versus patologiczne normy społeczno-kulturowe w komunikacji społecznej

Author(s): Leszek J. Świeca / Language(s): Polish Issue: 16/2015

In the light of the theoretical norm, the obligation to comply with a social-cultural/legal norm, enshrined in Article 207 of the Criminal Code, vital for the family, seems to be undisputable. Our empirical research shows that some of social and cultural norms commonly relied on in dysfunctional families are violated and that they most probably come from pathological social groups or from the whole social-cultural systems. Pathological norms allow for the violation of codified legal and moral norms, as evidenced, among all, by the consent to the use of violence against women and children (if the perpetrator is able to provide reasons for the use of violence, and such reasons stay within the pathological norm, shared by the community in question).

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Przerwana historia ojcostwa: jak uwięzieni mężczyźni postrzegają swoje ojcostwo?

Author(s): Joanna Knapik,Hanna Przybyła-Basista / Language(s): Polish Issue: 44 (1)/2015

This paper is concerned with the experience of imprisoned fathers, their perception of fathering, and relationships with their children. It is an exploratory research work performed with participation of 35 men sentenced to prison. The objective of this research was to deepen the understanding of fathering among the imprisoned fathers. The following research questions were posed: „What does it mean to be a father?”, „Does imprisonment mean an interruption in being a father?” „How the imprisoned men understand their role as fathers?” The obtained results enabled a better understanding of the specificity of being an imprisoned father and have helped in the construction of a questionnaire to measure father’s engagement of imprisoned men. Finally, based on an analysis of the results an educational programmme for imprisoned fathers has been worked out.

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Analýza ukládání peněžitých trestů v podobě denních pokut v České republice

Author(s): Jakub Drápal / Language(s): Czech Issue: 2/2016

In 2010 the pecuniary punishment started to be defined in the form of day fines. So far, however, no analysis of its functionality has been made. The aim of the article is to find out if the new concept works in reality or if it stays only on the paper. The results of author´s research suggest that the concept of day fines does not function well in the Czech Republic. Even though richer offenders get slightly higher pecuniary punishments (and higher day fines) in absolute numbers, they receive relatively lower punishments than poorer offenders. It seems that the concept of day fines does not work either in the proportion of one day fine to the wealth of an offender or in the proportion of the number of day fines to the seriousness of an offense. Several partial results such as differences in sentencing between male and female judges or their opinions about day fines are discussed as well.

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RADIKALNE KRIMINOLOŠKE TEORIJE I TEORIJE BIJELOG OKOVRATNIKA - MOGUĆNOST PRIMJENE U SLUČAJEVIMA ANALIZIRANJA ORGANIZIRANOG KRIMINALA

Author(s): Muris Mujanović / Language(s): Bosnian Issue: 1/2016

Organized crime today seriously threatens public order and undermines democratic institutions of almost every country. The risk that these complex and specific socially negative phenomena produces to the state and society, in part or in whole, is not contained only in specific criminal acts, but in most cases can be reflected in government decisions in the sphere of its economy or politics. However, due to the specific characteristics which carries, there are many difficulties and uncertainties in the prevention and suppression of this criminal phenomenon.

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СОВРЕМЕННЫЕ ПРОБЛЕМЫ КАЧЕСТВА УГОЛОВНО-ИСПОЛНИТЕЛЬНОГО ЗАКОНОДАТЕЛЬСТВА РФ

Author(s): Lidia Vasilevna Bakulina,Valery Konstantinovich Bakulin / Language(s): Russian Issue: 4/2014

This article studies the factors that worsen the quality of penal legislation, e.g. conflicting and competing rules, gaps, contradictions, and judicial discretion at the stage of execution of criminal sentences. The author concludes that the penal legislation of the Russian Federation needs modernization as minimum and radical reforms as maximum.

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The Religiosity Behind Bars: Forms of Inmate's Religiosity in the Czech Prison System

Author(s): Jan Váně,Lukáš Dirga / Language(s): English Issue: 6/2016

The text focuses on the multiple forms of religiosity (based on different types of motivation) of inmates in Czech prisons from the perspective of three groups of respondents: prison inmates, prison guards and representatives of a number of churches. The study is based on an ethnographic study of prisons in the Czech Republic. The data corpus includes qualitative interviews with selected actors in the prison world, material gathered through observations inside prisons and an analysis of the documentation on the Czech penitentiary system. Through this research, we found that the key respondents feel that there is some ambivalence around the religiosity of inmates and that the pragmatic approach many inmates take to faith is becoming a controversial issue. Our research demonstrated that the presence of religiosity of inmates in prison is not really accepted in a clearly positive manner as it may seem at first glance. On the contrary, the presence of it in prisons has become the subject of controversy among its main actors.

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ПРОБЛЕМЫ ПРЕСТУПЛЕНИЯ И НАКАЗАНИЯ В ТВОРЧЕСТВЕ А.В. НАУМОВА

Author(s): Fedor Romanovich Sundurov,Maria Vcheslavovna Talan,Ildar Abdulhakovich Tarkhanov / Language(s): Russian Issue: 2/2016

Review on the book “Crime and Punishment in the History of Russia” (in two parts) by Naumov A.V. Наумов А.В. Преступление и наказание в истории России: в 2 ч. – М.: Юрли-тинформ, 2014. – Ч. 1. – 751 с.; Ч. 2. – 654 с.

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SLIČNOSTI I RAZLIKE U INKRIMINACIJI KRIVIČNIH DELA RAZBOJNIŠTVA I IZNUDE

Author(s): Mladen Vuković / Language(s): Serbian Issue: 2/2016

Combating crime is a constant and very actual and problematic part of the overall security issues and the situation in the society. The offenses of extortion and banditry are in general, the classic crime that knows modern society, especially when it comes to the protection of personal and property assets and values. The above offenses as traditional forms of violent property crime triggers the expert and general public (citizens), because of the character of the protected object (object protection), the frequency and abundance of forms of manifestation in daily life, and because of the scale and intensity of the consequences, and ways and the means of its execution. The paper will be presented, analyze and problematize the concept of substantive offenses of extortion and robbery in the criminal legislation of the Republic of Serbia as well as a comprehensive show the similarities and differences between the two offenses.

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„W tobie jest źródło życia i w twej światłości [...] światłość” Wiara i religia  w perspektywie resocjalizacji skazanych

Author(s): Anna Panek,Elżbieta Panek / Language(s): Polish Issue: 31-32/2016

The paper intends to take a broader perspective on the issue of religion in the life and rehabilitation of individuals sentenced to the penalty of imprisonment. It discusses the importance of faith and (mainly Christian) religion and religious practices in the specific context of incarceration, as well as the role of prison pastoral care and correctional volunteering, with some major references to the findings of the thematic empirical work. Moreover, the paper calls for a more in-depth (both empirical and theoretical) analysis of the effectiveness of religiously motivated rehabilitation, without any attempts at its idealization or depreciation. Excerpts from a prison diary - selected as meaningful parts of the paper (in order to outline, among all, the importance of the convicts’ conversions) - are not intended to stun the reader with their emotional message. They are rather testimonials of the life of individuals, in their own flesh and blood, and as such send a powerful message for others. The rest is just about the faith and the will of individual readers and their interpretations. As for things of importance, sometimes suffice is to tell about them (with no references to doctrinal interpretations and paradigms or without establishing any ad hoc scientific constructs). That approach proves that the author’s intent goes far beyond the accurate reporting, disentangled from personal and self-construed messages. Universal clues for choosing between the good and the evil just do not exist. But steps are being taken to save others from the effect of the evil. Prison constitutes a peculiar space of existence where human life can both come to its end or have a new beginning.

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Humor jako płaszczyzna oporu wobec negatywnych doświadczeń wspomagająca proces resocjalizacji

Author(s): Anna Karłyk-Ćwik / Language(s): Polish Issue: 31-32/2016

Reflections and research on humor in socially maladjusted youth based on the concept of resilience are driven by an urgent need to redefine Polish crisis-ridden resocialization/rehabilitation system by embracing rehabilitative theories and practices inspired by new frameworks and ensuing modern intervention models. The paper presents some thoughts in this respect with an aim of encouraging rehabilitation researchers, theoreticians and practitioners to deal with humor as a “site of resistance” that offers juveniles the springboard for achieving expected levels of social adjustment. It outlines the theoretical framework of adaptation and creative functions of humor in the context of resocialization process. These rely on two concepts of positive psychology, i.e. the concept of resilience and the concept of humor styles.

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Установе за извршење мере безбедности - обавезно психијатријско лечење и чување у здравственој установи

Author(s): Darko Dimovski,Miomira P. Kostić,Ivan D. Milić / Language(s): Serbian Issue: 4/2016

Compulsory psychiatric treatment and confinement in a medical institution is one of the security measures that may be ordered for the offender in the criminal procedure and it is also the only criminal sanction of indefinite length. After the sentence is pronounced the execution of the measure follows. The execution of criminal sanctions is regulated by the Law on Execution of Criminal Sanctions, which remains vague in regard to this measure. The authors of this work attempt to find an answer to the seemingly simple but in fact very complicated question: where is this measure to be executed?

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Capital punishment: a theoretical and cooperative analysis

Author(s): Tainá Corrêa Barbosa Ramos / Language(s): English Issue: 6/2016

Among all the different types of penalties that exist in the various juridical systems around the world, capital punishment, also known as the death penalty, is one of the most controversial ones. The discussion about its legitimacy and legality crosses social, philosophical, cultural, religious and historical fields. The present article aims to first analyze how capital punishment is treated in different parts of the world, whether it is present or not, and to later on focus on the attempts to justify such a harsh punishment, by both the retributive and utilitarian theories of punishment.

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Wykonywanie uprawnień przedsiębiorcy jako pokrzywdzonego w procesie karnym

Author(s): Katarzyna Prelińska / Language(s): Polish Issue: 6/2016

Recently, amendments to the Criminal Procedure Code have been made with unusual frequency. On 1 July 2015, the provisions which made a fundamental remodeling of the criminal procedure came into force. These included innovative regulations for the possibility of applying for compensation from the State Treasury for unjustifiable use of coercive measures, including seizure of property. Although the implementation of these provisions was consistent with the standpoint of the majority of the doctrine, they were only in force for less than ten months. In the motives of the bill, which had removed them from the Code, there was actually no justification for such actions of the legislator. Because they were in force for such a short duration, there is no possibility of assessing their functioning. Such actions of the legislator deserve the highest criticism, because there is an undeniable need to protect persons against whom coercive measures, including seizure of property, were unjustifiably applied.The author analyzes the amendment of art. 49 of the Code of Criminal Procedure and presents several aspects of rights granted by the Code of Criminal Procedure to the entrepreneur. The article contains a review of previous problematic provisions of the CCP and describes the new course of reform, which granted the status of aggrieved party to state institutions and local government institutions. The author also emphasizes the role of delivery documents to entrepreneurs as they participate in criminal procedures as an aggrieved party. According to the new art. 304b CCP, written notice of the offense determines not only the elements of the offense but also specifies the identity of the victim by entering the address for correspondence, which in the course of further proceedings allows the authorities to take further procedural steps.

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Die aktuellen Strafrechtsreformversuche in Polen. Eine Analyse

Author(s): Marcin Byczyk / Language(s): German Issue: 5/2015

The author discusses the main ideas behind the proposed reform of the criminal law in light of the project conveyed to the Polish Sejm on the 15th of May 2014. The proposed changes, being the most significant ones since the recodification of the criminal law in 1997, are based on the correct presumption that the deficiencies in current Polish criminal policy lead to overly repressive criminal law. A detailed analysis of the project, however, shows that it is not free from failures, in terms of both the formulation of legal norms as well as the reforms to institutions of the criminal law with respect to the application of penalties. It also does not take into account the arguments formulated in recent years regarding the reform of the criminal law. This leads to the conclusion that the proposed changes, though rightly focused on improving the most fundamental tools of criminal policy, nonetheless have the character of an ad hoc reform, which even had some elements of penal populism, influencing in such a negative way the shape of the criminal law in recent years. Yet most of those controversial changes have been abandoned during the parliamentary works on this since 1.07.2015 binding law.

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Zawodowa partycypacja funkcjonariuszy-kobiet w strukturze organizacyjnej Służby Więziennej

Author(s): Marek R. Kalaman / Language(s): Polish Issue: 4/2016

Professional situation of women-officers in the Prison Service is influenced by a number of different factors: employment in a specific type of organizational unit of the prison (central, provincial, basic training), the different burden of service in the individual organizational units and positions, the type of professional tasks and duties, and in the case of a penitentiary facility also the sociodemographic situation of the prison population, the architecture of the unit, its age, its geographic location, and the like. The HR policy is created by the heads of organizational units of the prison, with a preference for one gender,when it comes to recruiting employees for specific jobs. The issue has been presented against the background of the prison’s organizational structure, based on the statistical data at the end of 2015, and on the author’s own research.

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Penalizacja bezprawnego przekroczenia granicy państwowej

Author(s): Katarzyna Banasik / Language(s): Polish Issue: 1/2017

The subject of the deliberations constitutes regulations of the Polish legal system relating to the problem of unlawful crossing of the state border. The author has presented the historical evolution of the provisions concerning illegal crossing of the Polish border and has made an assessment of the justification of the legislative changes done in this area. The author has also emphasized the significance of the issue of illegal crossing of the Polish border in the light of the Schengen Borders Code. The provisions of the Criminal Code and the Code of Contraventions regarding the penalization of unlawful crossing of the Polish border have been analysed. The analysis has focused on the selected issues prompting controversies in the criminal law doctrine. The different opinions expressed in literature have been shown, for example as to the types of offences described in Article 264 of the Criminal Code. The mental element of the offence specified in Article 49a of the Code of Contraventions has been the subject of the analysis. As a result of the deliberations the author has made an evaluation of the quality of the Polish regulations in the field of penalization of illegal crossing of the Polish border.

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Kilka słów o karze – ujęcie ogólne

Author(s): Monika Krzeczek,Katarzyna Molis / Language(s): Polish Issue: 1/2017

Punishment, its purpose and essence is a research issue around which many controversies have arisen. Previous studies indicate that almost everything has been said about the punishment. However, it is important to point out that the future of punishment and penalization, and issues that continue to raise topics for discussion, are important areas. Penalty plays an important role in the social sphere and highlights important issues such as substance, prevention and punishment.

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Rola programów edukacyjno-korekcyjnych w kształtowaniu postaw i przekonań skazanych sprawców przemocy domowej

Author(s): Anna Witkowska-Paleń / Language(s): Polish Issue: 4/2018

The battered intervention programs are an important part of the system of preventing domestic violence. The main purpose of them is that the violence should stop and eliminate. These programs are related to correcting defective attitudes and beliefs of perpetrators that support or excuse violence towards family members. Many studies have shown relatively low effectiveness of these programs however, they have not provided clear evidence of their ineffectiveness. The aim of this article is an attempt to answer the question: Do such programs actually shape the attitudes and beliefs of perpetrators of domestic violence? The author has analysed the data of the survey which was carried out in nine prisons in the Podkarpackie Voivodship. The sample consisted of 277 convicted perpetrators of domestic violence. They were made up of 133 men who have completed the batterer intervention programs (experimental group) and 144 men who have never participated in them (control group). Studies have shown there were no statistically significant differences between the two groups of perpetrators. Their attitudes and beliefs about their own violent behaviours in family were relatively similar.

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System dozoru elektronicznego jako przykład wykorzystania nowoczesnej technologii w Służbie Więziennej

Author(s): Urszula Staśkiewicz,Grzegorz Kostyra / Language(s): Polish Issue: 3/2020

The paper is the outcome of extensive research carried out with regard to a technology applied on a daily basis by officers of the Prison Service, i.e. a technology that facilitates the execution of custodial sentences through various means of electronic supervision. The goal of the detailed enquiries made into the subject matter has been an attempt to characterise the idea of the electronic supervision system and to establish its potential and capabilities, as well as its drawbacks. The key research issue has been to provide the answer to the question of the current state of both theory and practice of applying the electronic supervision system in the daily work of Prison Service officers, and to verify the hypothesis of whether such systems that are currently in use ought to be modified, and if so – in what ways.

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