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The following text shortly outlines some basics terms and difficulties connected with social rehabilitation term of some people who had a staying in the prison; beginning from the short explanation of the term, through highlighting the characteristic of reintegration process, to main problems which a person has when comes back to the society and also some ways of solving them.
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Human trafficking is a new phenomenon of Albanian post-socialist society which significantly increased during the difficult years of its transformation from centralized state-led economy to market economy. Both economic and political instability contributed to its size, nature and multiple dynamics. Drawing on a rights-based approach to human trafficking, this paper examines the effectiveness of the counter-trafficking response of the Albanian government with a special emphasis on prevention, protection and prosecution. Using secondary data and reviewing various country strategic documents, it highlights a range of weaknesses and challenges which have hindered its effectiveness over years. It concludes that successful and effective counter-trafficking response requires well rounded and coordinated gender sensitive, victim-centred, holistic and human rights-based efforts. Combined with adequate law enforcement, they will sustainably tackle the full spectrum of this problem.
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The purpose of this article is to present juvenile deliquency as a threat to public security. The main research problem is the question – what are the consequences of juvenile delinquency to public safety? The article shows the etiology of the phenomenon and identifies types of crimes committed by minors. It also presentes juvenile delinquency in the light of statistical data, which was used to compare the scale of the phenomenon in Poland and other European Union countries. The research was carried out on the basis of studies devoted to the problem of juvenile delinquency, as well as security and crime in general. Sources concerned the legal system in Poland, the activities of the various state institutions and the conditions and consequences of crime. The content of legal acts and documents: information and reports on the proceedings against minors and other pathological phenomena, as well as conditioning the performance of individual state bodies in the fight against negative social phenomena were also used.
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The paper deals with the provision of Article 256 of the Polish Penal Code. The author discusses the offences of public propagation of totalitarian forms of government, and offence of inciting to hatred on national, ethnic, racial or religious grounds and offences connected with objects with such content. The author pays particular attention to the controversial and unclear wording used in the above regulation and identifies possible amendments that could make the article more precise and effective.
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The article deals with the concept of the ”vessel under construction”, its legal nature,position in the Polish maritime legal system, and in particular with regulations relating to its registration. The Author attempts to distinguish this entity from other, only apparently similar objects, like seagoing vessel in trials and towed unit. Predominant emphasis is put however on various issues concerning the registration of vessels under construction, especially on questions whether there exists an obligation of their registration and what legal grounds of this can be invoked. The article discusses and condemns quite common but illegitimate practice of Polish administrative authorities, which force the registration of vessels under construction in either register of vessels under construction run by maritime chambers or in the administrative registry kept by maritime offices. Finally, the Author suggests certain amendments aiming at the improvement of the Polish legal regulations concerning the topic in question.
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The article is devoted to the legal situation of a marine vessel in the bankruptcy proceedings. Similar to the enforcement proceedings, the situation of a vessel depends largely on its legal status, for example whether it is registered in the register of ships or not. The bankruptcy and restructuring law provides a different mode of sale in the liquidation of the bankruptcy estate with respect to a ship entered in the register of ships than in case of other movable properties. The act also repeatedly uses the term “maritime mortgage". Bankruptcy does not deprive the mortgage (including, of course, maritime mortgage) of its protective function. In this respect, however, distinct features of maritime mortgage can be noticed, as marine vessels can also be burdened with a lien or marine privileges.
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The subject of this article is to examine the prison staff and especially prison guards of the Edirne province by taking the Ottoman prison staff into consideration. The article attempts to emphasize the importance of the need of professional staff for a successful institutionalization in addition to required finance. To do this, it analyzes the Ottoman prison staff by taking the Edirne province as a case. In this respect, it argues that in order to establish a successful institution, making regulations pertaining to staff must be given priority in addition to supplying required finance.
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This paper analyzes the comparative solutions in Common law and the European legal system concerning the execution sentence on weekends, in the regime of semi-custody or weekend custody. These solutions are regulated by the prison treatment as new, so called split sentences, special modes of execution of short term prison sentence or are used in the conditional release for additional control behavior of released prisoners and implementation of treatment. The advantage of these measures is that they are a convenience for the convicted persons retain a job or be allowed to continue their education. The disadvantages are related to difficulties in organizing the execution and low motivation of prisoners to engage in work activities that are organized for them during conditional release. However, solutions of the prison treatment can be inspiring for the Republic of Serbia, which has a large prison population convicted on short time prison sentences.
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The article is about institution of compensation for unjust conviction, undoubtedly wrong temporary arrest and detention. The author discusses the normative sources of Polish law claim for compensation and redress from the State Treasury.
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Contracts bearing the imprint of usury are the subject of interest to both Polish and American criminal law. Because of differentiation of these legal systems, this interest covers various aspects. The main aim of the article is to examine Polish and American legislation and to underline such assumptions from the United States criminal law system, which could be successfully transferred into the Polish criminal law.
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The aim of the article is to present special police units, referred to colloquially as the police X-Files. The police officers in it deal with explaining criminal cases from the past, which have not yet expired. Their actions give rise to some kind of controversy – for some people their actions have a media character and serve only to improve the police image, while for others it is the only chance to bring justice and compensation to victims and their families.
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This article deals with the execution of the penalty of deprivation of liberty. I assert that different criminal policies applied in European countries make the prison population grow and lead to the overcrowding of prisons.
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In positions of the scientific article an author is conduct research normatively of legal acts of foreign countries, that expose the substantive provisions of international approaches of investigation of crimes perfect in establishments of implementation of punishments. On this basis an author offers the generalized scientific positions in relation to the improvement of national legislation of Ukraine.
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In the article the analysis of regulations, including international nature relating colonies of staff for the implementation of the penal activities as defined in law principle of humanity and scientifically justified measures to solve existing problems in practice.
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Rad ukazuje na problematiku koja se odnosi na neke pretnje nasiljem kojem pribegavaju određene destruktivne skupine ili pojedinci u državi. Svako destruktivno ugrožavanje kapaciteta sistema bezbednosti države i njenih građana predstavlja stalnu i veliku pretnju i bezbednosni rizik za državu i društvo u celini. Posledice ugrožavanja se najčešće manifestuju na zdravlje i život ljudi, imovinu i druge vrednosti građana, kao i kapacitete države. U lepezi navedenih oblika i vrsta ugrožavanja ljudske bezbednosti najčešće se ispoljavaju oružane pretnje, agresija, terorizam, obaveštajne aktivnosti, zločinačko udruživanje, organizovani kriminalitet, korupcija, destruktivne sekte, huliganstvo i druge kriminalne aktivnosti. Destruktivno nasilje je uvek usmereno na pretnju i nanošenje straha, motivisano ilegalnim sticanjem finansijske dobiti koja se usmerava na produkciju daljih oblika ugrožavanja kroz finansiranje terorističkih i kriminalnih organizacija, nabavku savremenog oružja, plaćanje raznih usluga itd. Oružane pretnje i intervencije usmerene su na dominaciju, okupaciju ili uticaj na žrtvu – pojedinca, grupu ili državu. Terorističke akcije najčešće su usmerene na ostvarivanje određenih političkih ciljeva kroz pretnje i izazivanje straha, ali i ljudske i materijalne gubitke. Specijalne obaveštajne aktivnosti usmerene su na otkrivanje relevantnih podataka i informacija u cilju sprečavanja oblika nasilja prema državi i njenim građanima.1 Zločinačka udruženja predstavljaju veliku pretnju za bezbednosni sistem države, u ovom slučaju Republike Srbije, jer primenjuju različite oblike i metode delovanja – pljačke, iznude, prinude, ucene i likvidacije određenih ličnosti sa ciljem izazivanja straha kod vlasti i stanovništva, sticanja materijalne koristi i uticaja na vlast u državi. Organizovani kriminalitet predstavlja pretnju izvršenjem različitih oblika kriminalnog nasilja koje je primenom koruptivnih radnji ili aktivnosti usmereno na vrednosti pojedinaca ili države. Danas smo svedoci i kriminalnih aktivnosti destruktivnih sekti koje uz terorističke akcije sprovode nasilje i nad svojim članovima, kao i članovima njihovih porodica. Huliganstvo, takođe, kao društvena pojava novijeg doba predstavlja veliku pretnju po celokupan sistem bezbednosti države. Metodom uporedne analize sadržaja dokumenata relevantnih za oblast nasilja i ugrožavanja bezbednosti došlo se do zaključka da su vrste nasilja i destruktivno ugrožavanje bezbednosti države u stalnom porastu.
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After short reminding on more than a one-century abandoned Philadelphian model of solitary confinement, the definition of supermax prison has been given: this is a penitentiary institution in which persons deprived of freedom are held in the long cell confinement by a decision of authorities in the conditions of strict control and supervision. By opinion of the author, this definition includes all institutions if they satisfied stated condition, regardless of organizational model, the judicial status of persons situated in those institutions, as well as decision and reasons of detention. The birthplace of these institutions are the USA, and time of its introduction (the last quarter of 20th century) is characterized by the sharpening of criminal reaction in the wave of penal populism and strengthening of retributive models of sentencing which broth to brutal rebellions in the prisons, which has been violently suppressed, and resulted in more serious rebellions. Way out form this circle of violence was traced in institutions in which prisoners are whole day isolated without any human communication. This new solution has been popularized not only by penitential authorities, but also by: workers in the prison industry complex; local communities in which those prisons are situated; and by citizens, to whom has been suggested that is the only way to protect themselves from the most dangerous criminals. At first sight, we can recognize that those arguments are without serious weight. Although those institutions still survive and represent one of the bases of the penitential system in America. This trend, with few exceptions, has spread in the other parts of the world, including Serbia, in which the heaviest crime perpetrators can be sanded to isolation by the court decision.
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This article explores the impacts that the addition of individuals serving short sentences has had on daily practice and working culture for probation workers. These practitioner perspectives are explored through the lens of ‘mass supervision’, providing a new insight into the harms and implications for its inherent deskilling qualities and constraints. This empirical research underlines three main themes related to the harms caused by mass supervision: firstly, that it inhibits innovative practice; secondly, that it necessitates a more limited model of supervision that undermines practitioner autonomy and the reach and scope of the supervisory relationship; and thirdly, that mass supervision corrodes the values of probation staff, leaving many experienced practitioners struggling ethically, practically and emotionally. The experience of mass supervision is compared to a treadmill by several practitioners and employed as a metaphor to analyse practice in the confines of mass supervision as generic, monotonous and relentless.
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The creation of the future African Criminal Court (ACC) was envisaged by the African Union (AU) as the African states’ collective response to the "politicization" of the International Criminal Court (ICC). Eight years following its signature, the Maloba Protocol has never obtained the fifteen ratifications required to spearhead the operationalisation of the ACC. This article attempts to address two fundamental questions: - what are the challenges hindering the creation of the CCA? - and how effective will the CCA be in trying Africans for crimes they have committed on their own soil? It reveals, on the one hand obstacles that hinder the implementation of the Malabo protocol; and on the other hand, challenges that could hamper the CCA's effectiveness as soon as it becomes operational.
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