Społeczne uwarunkowania przestępczości kobiet
The main aim of this paper is to analyse the diagnostic knowledge of the women delinquency. Author characterizes social conditionality of delinquency of women in article.
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The main aim of this paper is to analyse the diagnostic knowledge of the women delinquency. Author characterizes social conditionality of delinquency of women in article.
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Aim. The Convention of Cybercrimes (ETS No. 185) singned in Budapest, Hungary in 2001 created the unification of cyber-crimes and had impact on national criminal codes across the world. Therefore I started to colaborate with the National Police Headquarters from Warsaw to investigate direct and indirect connections between cyber-crimes defined by the Convention and the Criminal Code in Poland because statistical analysis of cyber-crimes were not thus far satisfactory .Methods. Statistical analysis of data collected in time series may lead to computer correlation coefficients between crimes and detect a hierarchical structure of selected cyber-crimesResults. According to correlation coefficients between crimes, the behaviour of independent cyber criminals is collective and might lead to self-organised criticality. Correlations and anticorrelations between crimes are extremely strong. Therefore crimes may exist collectively or may exclude each otherConclusion. Hierarchical structure of crimes according to the MST seems to be extremely logical and might lead to a perfect crime plans or prevention against cyber-crimes as well. Therefore the sensitive details given by graph of the MST had to be censored.
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Il est nécessaire et possible à individualiser la responsabilité et la peine criminelle. Une meilleure individualisation de la responsabilité et de la peine peut être accompli à travers des prévisions criminologiques. Parmi les possibilités de prévision criminologue on trouve la prévision criminologique individuelle des conduites criminelles récidivistes. Une telle prévision criminologique peut être effectué aussi par la méthode de la modélisation criminologique. À la suite de notre recherche criminologique, nous avons élaboré un modèle de prévision criminologique des conduites criminelles récidivistes. Cette recherche criminologique a été faite en utilisant la méthode de la construction abstraite (élaboration du modèle criminologique) et la méthode de l’analyse de contenu (la collection des connaissances criminologique). Notre modèle est composé de dix caractéristiques (indicateurs) (moins d’argents dépensé, moins de gens qui souffre, moins de criminalité…). En parallèle, on peut utiliser et d’autres modèle de prévision criminologique particularisée.
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The danger of corruption crimes is due to the fact that they cause the decay and disintegration of state structures, discredit and undermine the authority of the state apparatus. Corruption crimes are widespread, being committed practically in all fields of activity. Corruption offenses affect, to a certain extent, all structures that act within the state: ministries, departments, banking and financial institutions, legal bodies, public administration bodies, etc. The knowledge of the typical forensic peculiarities of investigating these crimes and their skillful application in the research process are of particular importance, determined, in particular, by the complexity of criminal prosecution in corruption cases.
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In the present scientific approach, we decided to analyze in detail the grounds for ordering and carrying out special investigative measures within the criminal process, under the aspect of particularity, trying to clarify and show only the grounds for special investigative measures that are compatible with the criminal process, in the context in which we suspect inconsistencies in the Criminal Procedure Code of the Republic of Moldova. At the same time, we consider that the list of grounds currently recognized by the criminal procedural law could be supplemented with other circumstances or, better said, in connection with the need to ensure the protection of some subjects who benefit from it by special law.
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The current state of the rule of law is characterized by a variety of trends. The penitentiary system, which is currently in the reform stage, was no exception, which contributed to the concentration in detention institutions of convicts with stable criminal aspirations, demonstrating a deep social degradation. In this context, an important place in the fight against penitentiary crime, along with other means of protecting the rules of law, is occupied by the special investigative activity, carried out by the competent bodies. The use of such information will not only make it possible to reveal, prevent and combat crimes and disciplinary violations, but will also allow a more reasonable choice of methods and means of psychological and pedagogical influence in order to achieve more effective security measures.
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As an element of international crime, money laundering and the financing of terrorism are global phenomena for which an affective solution to combat has not yet been found.In this scientific article, the author characterizes the phenomenon of money laundering and terrorism financing, by analyzing international and national acts, formulating relevant measures to prevent this criminal scourge.
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The article focuses on basic assumptions of the Polish penitentiary policy reflected in both the original version of the 1997 Code of the Execution of Penalties and the 2022 Act amending this Code. Fundamental principles of the penitentiary policy in the light of the 1997 Code included humanitarianism, respecting the human dignity of convicts, and treating them as entities with specific rights and duties. Recent changes introduced by the Act of 5 August 2022 suggest a return to the idea of “education through discipline.” It was popular under the previous penal codification of 1969 and consisted in applying harsh prison regimes to offenders considered by the then authorities to be particularly dangerous for the state. However, the strategy of deterring crime through severe punishments enforced in harsh conditions has not been supported by scientific research and cannot be the basis for a humanitarian and rational penitentiary policy.
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The year 2022 was a time of dynamic changes in the criminal executive law, also covering the electronic surveillance system. With two independent legal acts, the legis- lator introduced a number of new solutions in the area of surveillance, making the said institution an increasingly appealing one. The article distinguishes two key routes of these amendments: giving penitentiary commissions the right to issue decisions on electronic surveillance and introducing the possibility of granting a break in the execution of a prison sentence by way of monitoring a convict’s whereabouts using electronic means. Also, a synthetic analysis was carried out on the individual provisions of chapter VIIa of the Act which fell under the purview of the legislature.
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The study presents specific features of the language of the provisions of the Executive Penal Code. The Executive Penal Code contains numerous vague and indistinct phrases, creating space for their interpretation. General clauses, the scope of discretion of the enforcement proceedings bodies in issuing resolutions or decisions, undefined phrases, estimated phrases and prognostic phrases are often interpretive laxities intended by the legislator, the specification of which should only take place in a specific process of ap- plying the law by means of operative interpretation.
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The article presents the relationship between the principles, directives, and aims of imposing and executing a penalty. The author attempts to show that these principles, directives, and aims are closely related to and included in the conviction and sanction phases of the enforcement process. Taking these connections into account allows one to solve many practically significant problems and reconstruct the content of premises of various penal structures in more effective way.
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The study concerns the penalty of restriction of liberty, especially its amendment from 2015. This amendment was certainly the most important one during the validity period of the current codification, because it actually changed the place of the penalty of restriction of liberty in the structure of all penalties. This circumstance is also important from a dogmatic point of view, as there were — as has already been pointed out — views in the doctrine recognizing the penalty of restriction of liberty on the basis of medium- level crimes as an “alternative” to the penalty of deprivation of liberty without a con- ditional suspension of its execution. It seems that from the perspective of Art. 58 § 1 of the Penal Code and the current penal policy, the discussed type of criminal punishment aspires to be perceived as a form of legal and criminal reaction consistent with the or- dinary order of things in relation to crimes punishable by up to five years imprisonment.
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The present publication is an analysis of legislative solutions regarding the enforcement of fines, forfeiture, prohibitions, and public disclosure of judgments against a collective entity. The analysis covers the legal regulations existing at the time when the Act on the Liability of Collective Entities came into force, the current legal status, and the proposed legislative changes in this regard.
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The study is devoted to the issues of incidental proceedings in executive proceedings, which are of key importance for the execution of penalties and other penal-legal measures of reaction to a fiscal offence and an offence which are in ideal concurrence, imposed on the accused in two different criminal proceedings. The author defines the legal nature of these proceedings and then indicates the interpretative doubts that may arise when interpreting the provisions of Article 181 of the Fiscal Penal Code. In the final part of the article, he provides the most important conclusions, as well as signals the necessity and direction of desirable changes to the current normative regulation.
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The study focuses on several issues concerning the penalty of restriction of liberty. On the one hand, changes in the scope of the penalty may have a positive impact on the process of carrying it out, e.g. simplifying it, streamlining the work of individual bodies involved in the executive process, reducing the number of tasks or the burden of cases. On the other hand, individual changes may adversely affect the process of carrying out this penalty, complicating it, causing unnecessary burdening of executive bodies with cases or tasks within the enforcement process. There is also a third possibility, namely — partly positive and partly negative impact of the changes.
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The study is an analysis of executive acts to the Executive Penal Code, especially in the context of constitutional principles. It is a synthetic list of ordinances and an analysis of the provisions of the Executive Penal Code that formulate, not always precisely and in accordance with the Constitution, delegations to issue them.
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This paper concerns the sequence of punishments: imprisonment and restriction of liberty on the basis of Article 37b of the Criminal Code. The article presents the problems related to the execution of sequential penalties. The author considers the possibility of modifying the sequence of penalties, e.g. in the form of execution of a penalty in the electronic supervision system. The considerations were supplemented with own research.
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One of the basic principles of executive penal law is the principle of immediate initiation of enforcement proceedings (as expressed in Article 9 § 1 of the Executive Penal Code), the aim of which is to serve the implementation of another principle — humani- tarianism and respect for the human dignity of the convicted person. The very nature of restriction of liberty as a punitive measure, in particular its emphasized special-preventive and educational purpose and its flexibility emphasized by the provisions of the Act, mean that in the case of implementation of this penalty, we encounter many derogations from the principle of penalty execution immediacy. Depending on the stage of the enforcement proceedings and the circumstances causing a breach in its implementation, it may lead to both positive and negative legal effects for the convicted person. The presented article pays attention to said effects.
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This article discusses the issue of discontinuation of enforcement proceedings in petty offense cases. In Article 15(1) of the Executive Penal Code, the legislator defined three negative conditions for enforcement proceedings. Two of them was indicated clearly: the death of the convicted person (punished in petty offense proceedings) and the limit- ation for the execution of the penalty. The third condition was vaguely defined as “other reasons excluding this procedure”. The article aims to analyze said grounds for the obligatory discontinuation of enforcement proceedings, taking into account the views of the doctrine and jurisprudence.
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The study focuses on issues concerning the classification process of convicts serving a custodial sentence. A selection of the most important related issues, which the author believes are the most relevant for practice, is analysed. In this context, the situation of convicts posing a serious social risk or a serious threat to the security of the prison and of convicts qualified for the therapeutic regime is described. The placement of the convicted person in the relevant prison in view of his or her place of residence prior to incarceration also became an issue. A number of recent changes to the prison classification legislation are also analysed.
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