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Akty prawa międzynarodowego dotyczące odpowiedzialności karnej w prawie ochrony środowiska w kontekście środków penalnych przewidzianych w prawie polskim

Author(s): Rafał Fic / Language(s): Polish Issue: 2/2022

The subject of the article is, first of all, the presentation of legal acts adopted by the international community as part of the fight against environmental degradation, with particular attention to Directive 2008/99/EC of the EP and of the Council on the protection of the environment through criminal law. The most important regulations of these legal acts were analyzed, with an indication of the penal measures proposed by the international legislator aimed at protecting the legal good, which is the natural environment. The evolution of legislation in this area will also be presented. In the following part, the catalogue of criminal law tools resulting from the above-mentioned acts has been compared with penal measures used in Polish criminal law in response to crimes against the environment, with an indication of the prospects for the development of legislation in the discussed area.

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Impact of rape-myths on judiciary proceedings. A lack of acknowledgement in the European Court of Human Rights case-law

Author(s): Karolina Prażmowska-Marcinowska / Language(s): English Issue: 3/2022

Rape myths can be defined as prejudicial, stereotyped or false beliefs about rape, rape victims, and rapists, and they include common opinions whereby women mean “yes” when they say “no”; women provoke rape; if a woman does not want to be raped, she will just fight back at any cost. These pervasive social attitudes can have a detrimental effect on victims of sexual violence, especially when employed by authorities during official proceedings. As such, this article aims at analyzing to what extent rape myths affect the perception of victims of sexual violence during the official proceedings on the example of the case-law of the European Court of Human Rights (ECHR). Thus the first part explains the notion of rape myths, while the second part provides an analysis of the jurisprudence of the ECHR. Lastly, the final part suggests new approach to cases concerning sexual violence.

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Dzieci króla olch. Analiza przypadków z gościńca śląskiego oraz innych

Author(s): Krystian Węgrzynek / Language(s): Polish Issue: 1/2022

The article offers an analysis of the fate of an Upper Silesian child in the totalitarian period (Nazi occupation, Stalinist period). Physically kidnapped by the occupier and taken over by his family or indoctrinated at school or other educational institutions, it was most often subjected to excluding models of teaching in the Polish or German spirit. Often the methods of formation were sophisticated – children were bribed, tempted, and seduced. The analysis of this situation is based on the interpretation of Johann Wolfgang von Goethe’s poem Erlkönig, in which the dominant feature is the struggle for the soul of a child between a natural ally (parent) and an adversary who comes from the outside (king); the vision of the elven kingdom is juxtaposed with the totalitarian utopia of a society – racially strong and perfect, or with the vision of Poland – a society devoid of differences, and at the same time perfectly anti-German. Various kinds of texts were taken into consideration documentary (R. Hrabar, A. Malinowska, G. Gruschka), quasi-documentary (J. Durski, F. Netz, A. Lysko) and literary (A. Dziewit-Meller, L. Libera, I. Villqist).

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Lista persoanelor decedate în gulagul românesc 1945-1964, II

Author(s): Ion Bălan / Language(s): Romanian Issue: 2-3/1996

This is a list of the persons who died during the criminal investigation stage, while serving their sentence, and who were sentenced to death and executed in 1945-1946.

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Lista persoanelor decedate în gulagul românesc 1945-1964, I

Author(s): Ion Bălan / Language(s): Romanian Issue: 4/1995

The author presents a document containing the list of the prisoners who died between 1945 and 1964, in the penitentiaries of Jilava, Cluj, Galati, Sighet, Timisoara, Pitești, Baia Mare, Constanta and in the forced labour camps of the Danube-Black Sea channel. The document belongs to the archives of the Romanian Service for Information.

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Recenzii

Author(s): Claudiu Degeratu,Gheorghe Onișoru,Florin Constantiniu,Lucian Năstasă,Flori Stănescu / Language(s): Romanian Issue: 1/1995

Reviews of: 1. Gale Stokes, From Stalinism to Pluralism - A Documentary History of Eastern Europe since 1945, New York, Oxford, Oxford University Press, 1991. 2. Aleksa Djilas, The Contested Country. Yugoslav Unity and Communist Revolution, 1919-1953, Harvard University Press, 1991. 3. The Cominform, Minutes of the Three Conferences, 1947/1948/ 1949. Edited by Giuliano Procacci, Co-editors Grant Adibekov, Anna di Biaggio, Leonid Gibianskii, Francesca Gori, Silvio Pons, Milano, Feltrinelli, 1994. G.M. Adibekov, Kominformi poslevoennaia Evropa, Moscova, Rossiia Molodaia, 1994. 4. Gazdag Gyula, Képes könyv 1968-1979 (Carte ilustrată), Pécs, Jelenkor Kiadö (Ars Longa), 1994. 5. Adriana Georgescu, La început a fost sfârșitul. Dictatura roșie la București, Prefață de M. Lovinescu, Editura Humanitas, București, 1992. 6. Ion loanid, închisoarea noastră cea de toate zilele, I voi. 3(1956-1959), • Editura Albatros, București, 1992. 7. Ion Pantazi, Am trecut prin iad, Ediția a ll-a, Cuvânt înainte de I. Pantazi, Editura Constant, Sibiu, 1992. 8. Mihai Rădulescu, Sânge pe' Râul Doamnei. Până când atâta suferință?, Editura Ramida, București, 1992. 9. Dina Balș, Drumuri pustiite, Memorii, Editura Cartea Românească, București, 1993. 10. Gheorghe Bâgu. Mărturisiri din întuneric, Cuvânt’ înainte de Gh. Bâgu, Editura Tehnică, București, 1993. 11. Ion Cârja, Canalul morții,Cuvânt despre autor de Victor Grigorescu, Cuvânt înainte de I. Cârja, Editura I Cartea Românească, București, 1993. 12. Lena Constante, EvadareaK imposibilă. Penitenciarul i politic de femei Miercurea Ciuc 1957-1961, Prefață de L. Constante, Editura Fundației Culturale Române, București, 1993. 13. Nicholas Dima, Călătorie spre libertate. întâlnire cu destinul, Traducere de Constantin Sfeatcu, Cuvânt i înainte de David B. Funderburk, Selous Foundation Press, Washington D.C., 1987, Editura Fundației Culturale Române, București, 1993. 14. Emil Manu, Infernurile noastre. Jurnal de detenție, Editura Crater, București, 1993.

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Colectivizarea agriculturii. Tipologia represiunii. Execuții demonstrative, 1950

Author(s): Octavian Roske / Language(s): Romanian Issue: 4/1994

The collection of documents is centered around the involvement of the Securitate in the policy of assassinations conceived to achieve the objective of forced collectivization of the niral population. Ten pristine documents in the S.R.I. (The Romanian Intelligence Service) archives are introduced. Among them: Testimony of Col. Mihail Patriciu on the execution of some land owners in the village of Bistra, county of Turda, October 5, 1950. Testimony of Lt. Mr. Gavril Otvös on the execution of three land owners in the village of Bistra. county of Turda, October 9, 1950.

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Recenzii

Author(s): Dorina Tănase,Sandra Cristea,Paul Caravia,Flori Stănescu / Language(s): Romanian Issue: 3/1994

Reviews of: 1. George Crișan, An Amazing Life. Escape from Rumania, Vantage Press, New York, Los Angeles 1990. 2. Hélène Carrère d'Encausse, Imperiul spulberat, Revolta națiunilor în U.R.S.S., traducere de Alina Ungureanu, Editura "Remember", Sic Press Group, 1993, Triumful națiunilor sau sfârșitul imperiului sovietic, traducere de Sofia L. Oprescu, Editura "Remember", Sic Press Group, 1993. 3. Jean-François Revel, Cunoașterea inutilă, trad. Dan C. Mihăiescu, Editura Humanitas, Seria Societatea Civilă, București, 1993. 4. Paul Goma, Gherla, Editura Humanitas, București, 1990. 5. Paul Goma, Patimile după Pitești, Editura Cartea Românească, București, 1990. 6. Gheorghe Mazilu, în ghearele Securității. Mărturii, Prefață de Cicerone lonițoiu, Lausanne, 1981, București, f.e, f.a. 7. Teohar Mihadaș, Pe muntele Ebal, Cuvânt al Editurii de Valentin Tașcu, Editura Clusium, Cluj-Napoca, 1990. 8. Constantin Noica, Rugați-vă pentru brațele Alexandru, Prefață de C. Noica, Editura Humanitas, București, 1990. 9. Doru Novacovici, în România, după gratii, Fundația pentru tineret Buzău, Buzău, f.a. 10. Remus Radina, Testamentul din morgă, Prefață de Eugen lonescu, Editura Tinerama, București, f.a. 11. Dumitru Bacu, Pitești. Centru de reeducare studențească, Prefață de preot Gheorghe Calciu, Editura Atlantida, București, 1991. 12. Max Bănuș, Cei care m-au ucis, Prefață de M. Bănuș, Editura Tinerama, București, 1991. 13. Radu Ciuceanu, Memorii I, Intrarea în tunel, Prefață și note de Octavian Roske, Editura Meridiane, București, 1991. 14. Onisifor Ghibu, Ziar de lagăr. Caracal 1945, Ediție îngrijită de Romeo Dăscălescu și Octavian Ghibu, Editura Albatros, București, 1991.

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CONFISCATION OF PROPERTY OBTAINED FROM A CRIMINAL OFFENSE AS A MEASURE TO FIGHT AGAINST ORGANIZED CRIME

Author(s): Boro Merdović,Katarina Stojković Numanović,Joko Dragojlović / Language(s): English Issue: 1/2023

An analysis of most definitions of organized crime point to the fact that its main goal is the acquisition of financial profit. That is why one of the basic measures that most affects organized crime is confiscation of illegally acquired property. The purpose of that confiscation, through different historical epochs, was to punish the perpetrator of a criminal act, to compensate the injured party, or to prevent and deter others from committing criminal acts. The goal of this paper is to review scientific literature and analyze the content of various legal acts and documents, with the application of the comparative method, and to point out the specifics of the institute of confiscation of property acquired through criminal activities as one of the measures in the fight against organized crime. Property confiscation as a special measure in the fight against crime has encountered numerous criticisms and controversies in domestic and foreign literature, which will be the subject of a separate part of this paper. Seizures differ from country to country due to different legal qualifications, making it difficult to apply this institute in a uniform manner, on a global level. We point out the results that this measure gave at the international level and the success and criticism of its application in domestic legislation and practice.

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CRIMINAL GROUPS – CRIMINOLOGY AND SECURITY PERSPECTIVES (CASE STUDY: BOSNIA AND HERZEGOVINA)

Author(s): Mile Šikman,Velibor Lalić / Language(s): English Issue: 1/2023

This paper analyses court cases which qualified as organised crime in Bosnia and Herzegovina (B&H). The final judgments were analysed according to the following criteria: the number of defendants; the continuity of membership within the crime organisation; the existence of criminal structure; the existence of a developed plan of activities; the type and number of the offences committed; influence on public authorities, the judiciary, and citizens; and sentences imposed on the defendants. This paper seeks to identify the extent to which court judgments are based on these criteria. A secondary analysis of the data related to the organised crime cases heard in the Court of Bosnia and Herzegovina in the period between 2015 and 2018 was conducted. This analysis encompassed 21 organised crime cases in which 27 judgments were pronounced. In the observed period (2015-2018), we identified two organised criminal groups that meet the criteria analysed. The identified number of organised criminal groups is minimal in relation to the total number of organised crime cases processed. Our findings contradict the prevailing view in public discourse that organised crime is a widespread security threat in B&H. The findings of our research demonstrated the existence of legal gaps, reflected in the lack of clear criteria on the basis of which OCGs can be distinguish from other forms of criminal activity. Legal and institutional weaknesses create opportunities for OCGs to operate and create a sense of insecurity among citizens in the already complex security environment in B&H.

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The Pomeranian Crime of 1939 as the Onset of Genocide during the Second World War

Author(s): Tomasz Ceran / Language(s): English Issue: 4/2020

From the very beginning of the invasion of Poland in September 1939, the Germans conducted mass murders of Polish civilians in the entire country, however their scale differed in individual of the occupied regions. The greatest crimes were perpetrated in the pre-war Pomeranian Voivodeship, where approx. 30,000 people were murdered. The German terror did not assume such proportions in any other region of annexed Poland. These atrocities targeted mainly the Polish intelligentsia, but also farmers and workers. A thousand patients of psychiatric hospitals and hundreds of Pomeranian Jews were executed and buried in the same death pits. Apart from the Einsatzgruppen units, members of the German minority – the activists of the Selbstschutz Westpreussen – also played a special role in this crime. They were particularly exposed to and receptive of the Nazi ideology due to the German propaganda concerning the so-called Pomeranian corridor and the Bloody Sunday in Bydgoszcz. The planned extermination campaign, which Rafał Lemkin believed to be the first physical genocide of the war, was portrayed as an act of self-defense and retaliation for the death of the Volksdeutschers. In order to emphasize the importance of the events that unfolded in Gdańsk Pomerania in 1939 as the onset of the genocidal German occupation policy, a new historical concept was introduced: “the Pomeranian crime of 1939.”

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Zbrodnia pomorska 1939 jako początek ludobójstwa w czasie II wojny światowej

Author(s): Tomasz Ceran / Language(s): Polish Issue: 4/2020

Niemcy od momentu wkroczenia do Polski we wrześniu 1939 roku dokonywali masowych mordów na polskiej ludności cywilnej w całym kraju, lecz ich skala w poszczególnych regionach okupowanej Polski była różna. Do największych zbrodni doszło na terenie przedwojennego województwa pomorskiego, gdzie zamordowano ok. 30 tys. osób. W żadnym innym regionie zaanektowanej Polski terror niemiecki nie był aż tak wielki. Zbrodni dokonywano przede wszystkim na polskiej inteligencji, ale także na rolnikach i robotnikach. W tych samych dołach śmierci pogrzebano tysiąc rozstrzelanych pacjentów szpitali psychiatrycznych i setki pomorskich Żydów. Szczególną rolę w tej zbrodni, obok jednostek Einsatzgruppen, odgrywali członkowie mniejszości niemieckiej – aktywiści Selbstschutzu Westpreussen. Byli oni szczególnie podatni na ideologię nazistowską ze względu na intensywność propagandy dotyczącej tzw. korytarza pomorskiego i bydgoskiej „krwawej niedzieli”. Zaplanowaną akcję eksterminacyjną, która w rozumieniu Rafała Lemkina była pierwszym w czasie wojny ludobójstwem fizycznym, przedstawiano jako akt samoobrony i zemstę za śmierć volksdeutschów. W celu podkreślenia znaczenia wydarzeń na Pomorzu Gdańskim w 1939 roku jako początku niemieckiej ludobójczej polityki okupacyjnej utworzono nowe pojęcie historyczne – „zbrodnia pomorska 1939”.

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ILO Convention No. 190 concerning the Elimination of Violence and Harassment in the World of Work and Recommendation No. 206

Author(s): Eva Kocher / Language(s): English Issue: 21/2023

Violence and harassment are present in the world of work in the most diverse forms. The ILO Violence and Harassment Convention 2019 should therefore be of great importance for labour law practice. It was adopted on 21 June 2019, together with the non-binding Recommendation for Implementation (No. 206), on the occasion of the centenary of the ILO. As the Convention falls partly within the competence of the European Union, with the EU not being able to ratify the Convention itself, the European Commission has invited the member states to ratify the Convention by the end of 2022. The German Federal Government is currently planning ratification. In the following, I give an overview of the Convention and, using German law as an example, discuss how it could be implemented in a legal system shaped by EU law.

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Odpowiedź Kościoła katolickiego na problem wykorzystywania seksualnego osób nieletnich przez duchownych w latach 1984-2022

Author(s): Andrzej Kobyliński / Language(s): Polish Issue: 2 (32)/2022

In 2022, the Pontifical Commission for the Protection of Minors became an integral part of the Dicastery of the Doctrine of the Faith. In this way, the will of Pope Francis was expressed to emphasize the importance of these activities that make the Catholic Church a safe place for minors. The main purpose of the research undertaken in the article is to analyze the most important stages of the fight against sexual abuse by Catholic clergy in the years 1984-2022 and to present selected ethical and legal aspects of the drama of sexual abuse of children and adolescents.

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IRAK ve TÜRK CEZA KANUNLARINDA ÖNGÖRÜLEN CEZA TÜRLERİ

Author(s): Bakr Abed HADI HADI / Language(s): Turkish Issue: 58/2023

The punishment, which has existed since the beginning of social life, has many functions. The most important of these is that punishment provides general and specific prevention. In order to achieve this aim, the offenders must be punished appropriately for the crime they have committed, and these penalties must be properly executed. In Turkish Penal Code No. 5237, imprisonment and judicial fines are included as types of punishment. The types of punishments in the Iraqi Penal Code are primary punishments such as the death penalty, life imprisonment, imprisonment for a term of years, penal servitude, detention, fine, confinement in a school for young offenders, and confinement in a reform school. They also take the form of incidental penalties such as police supervision and additional penalties such as withdrawal of certain rights and privileges, confiscation, and publication of the sentence. In this study, within the framework of these regulations in both penal codes and detailed literature research, the penalties and punishment types given to the crimes in both laws will be examined.

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Anders Behring Breivik. Studium przypadku skrajnie prawicowego terrorysty – samotnego wilka (część 2)

Author(s): Krzysztof Izak / Language(s): Polish Issue: 3 (3)/2023

In the second part of the article on the case of Anders Behring Breivik, the author answers the questions of whether the attack could have been prevented and what impact it had on public sentiment, the nature of the changes to internal security policy in Norway and the performance of the country’s security services. In addition, he analyses Breivik’s actions in terms of whether he meets the criteria of a lone wolf terrorist, as well as describing terrorist attacks prepared or carried out by his imitators.

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„Litwinów zlikwidować, Łotyszów wypuścić”. Wileńszczyzna 1944

Author(s): Tomasz Balbus / Language(s): Polish Issue: 1/2023

The study shows the executions of prisoners of war carried out by the Polish Home Army (AK) brigade of Lieutenant Gracjan Frog, alias “Szczerbiec” near Vilnius, in 1944. The motives, cases, and course of these dramatic events are presented. They took place during the occupation of Poland by the German army. The text was based on the accounts and memories of Polish veterans as well as reports from the Lithuanian and German police.

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Cyberbezpieczeństwo w Grupie Wyszehradzkiej – koncepcje i strategie

Author(s): Małgorzata Kudzin-Borkowska / Language(s): Polish Issue: 24/2021

The article discusses the issues of cybersecurity in the Visegrad Group. There is a wide spectrum of information security terminology, but the conceptual category of cybersecurity has dominated strategic documents in recent years. The European Union Cyber Security Strategy of 7, March 2013, claims that cybersecurity commonly refers to the safeguards and actions that can be used to protect the cyber domain, both in the civilian and military fields, from those threats that are associated with or that may harm its interdependent networks and information infrastructure. The Visegrad Group countries have developed their own cybersecurity strategies based on global models in this field. However, in these strategic documents they declare readiness for broad international cooperation, including Central European, it can be seen that each of them strives to play the role of a leader in Central Europe.

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Technologie wspierające prywatność – ideologia, prawo, wdrożenia

Author(s): Daniel Mider,Ewa Aleksandra Ziemak / Language(s): Polish Issue: 24/2021

Privacy Enhancing Technologies (PET) create a threat to the social order which is shown in the analysis of their ideological as well as political foundations and legal regulations that introduce restrictions on their use. Study into their actual applications in cybercriminal activity proves it too. This paper is a review with practical purpose and includes an original typology of PET. The most commonly used IT instruments that create a potential and actual threat were selected and analysed: software ensuring anonymous communication (Tor, Freenet, Linux Tails, Whonix), cryptocurrency systems enabling anonymous trade (Monero, Zcash, Dash) and an application enabling data encryption (VeraCrypt). The summary includes an attempt to extract the model attributes of privacy-enhancing technologies on the basis of previous analyses.

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Możliwość zastosowania inżynierii odwrotnej do zwalczania organizacji przestępczych typu sieciowego

Author(s): Maciej Aleksander Kędzierski / Language(s): Polish Issue: 24/2021

Reverse engineering for the most part now refers to the restoration or modification of physical objects and computer programmes. A new challenge in the fight against crime is the use of reverse engineering to improve the measures of preventing and combating criminal and terrorist crime. Reversing processes through object-oriented analysis, as well as through management, logistics, financial, forensic and psychocybernetic analyses is a new outlook on improving the instruments to fight organized crime. As a result, by remedying the identified deficiencies and re-assessing the object, one will be able to get the same object but in the “enhanced”version or another object related to the analysed entity. Consequently, it will be possible to neutralize a criminal or terrorist organization more effectively and efficiently.

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