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(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.

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(Not)applying mediation in juvenile cases

Author(s): Magdalena Staniaszek / Language(s): English Issue: 1 ENG/2018

Presently we are noticing that social control over youth showing symptoms of demoralization is being excessively formalized - especially in case of individuals just on the verge of demoralization, and, at the same time, too arbitrary a role of the judge in cases involving juveniles. Despite legal possibilities, Family Court rarely applies mediation proceedings. In the years 2004-2016 the most mediations occurred in 2006 (366) and the fewest in 2014 (198). In 2016 there were 25 mediations, including 13 in Lodz. The presentation is aimed to show the research on juvenile cases addressed to mediation proceedings by Lodz courts in the years 2011-2016. The subject of study is the content of court files and mediation reports concerning the final results of the mediation and terms of agreement if made. Basing on research analysis we may reason that the only cases directed to mediation are the ones where the victim and the perpetrator are minors and the criminal act was extortion, bodily harm or harassment. The number of cases directed to mediation proceedings suggests that judges are still not fully convinced of the validity of restorative justice.

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1989: The Czech Prison System at a Crossroads

Author(s): Klára Pinerová,Michal Louč / Language(s): English Issue: 36/2020

The Czechoslovak prison system was at a crossroads after 1989. It was clear to everyone that it would have to be humanised and modernised; and also that a system would have to be set up to ensure respect for convicts’ basic human rights. This was an elaborate task; complicated especially by the fact that a successful reform depended on many factors; from human resources to the economy of the newly established state. The paper explores three topics. The first part outlines the key trends in the prison system in the last years of the Communist Party dictatorship. After that; the authors analyse the situation in the prison system during the so-called Velvet Revolution in 1989 and shortly afterwards. That time saw repeated riots in the prisons; the establishment of prisoner organisations as well as prison staff who were critical of the previous development of prison system; and the start of the process of ridding the prison staff of its most compromised officers. The third part describes the post-revolution transformation of the basic operational principles of the Czechoslovak prison system; which can be summarised as depoliticisation; demilitarisation and humanisation. Keywords: Czechoslovakia (ČSSR); prison system; normalisation; Velvet Revolution (Sametová revoluce); abuse of prison system; humanisation of prison system; modernisation of prison system; prison riot; Charter 77 (Charta 77); dissent; 1989 Those who are not against us; are they with us? Cultural Policy of the Kádár Consolidation and the Opposition of the Political System in Hungary Nora Szekér When János Kádár and his government came into power in November 1956; after the October Revolution; it was terror deployed on a large scale that laid the foundations of Kádár’s so-called “consolidation” that followed the far from general amnesty; which was granted as a precondition of international acknowledgement. From the middle of the 1960s onwards; although Hungarian society did not come to like it; an increasingly large proportion of society came to accept the so-called “Kádárism” as the best that could be achieved in the given international framework. The dictatorship’s Hungarian variant now resorted to a more refined complex of means; such as subversion; indoctrination; propaganda; and severe existential constraints; instead of the spectacular open terror of earlier times. The regime was becoming less repressive; politics were taken out of everyday life and cultural liberalism was gaining ground. The spiritual father of this variant of cultural liberalism was György Aczél. He exerted a very sophisticated form of power. He called this “federal policy”; while others spoke of “favour management”. This policy was based on the principle that the opposition or potential opposition must not be intimidated; but made to become the obligors of the regime. In this playing field; free-thinking is not a narrow area of individual autonomy; but the result of a bargain. The study explains how the culture-politics of so-called Goulash Communism affected the operations of the Hungarian State Security; and how that affected the Hungarian opposition movements and the political changes in Hungary in 1989.

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276 Numaralı Mühimme-i Mektum Defterinin İncelenmesi ve Değerlendirilmesi

Author(s): Suha Oğuz Baytimur / Language(s): Turkish Issue: Spec. Iss./2021

The Muhimme-i Mektum Registration Book number 276, is included in the Muhimme Registration Books, which are among the written sources of the period, which have been inherited from the Ottoman Empire to the present day. In the registration book containing 44 pages, there are 133 provisions in total. Muhimme-i Mektum Registration Book number 276, which consists of two chapters, includes the provisions covering the years 1807-1810. While the provisions in the first chapter involve similar events with the classical muhimme-i mektum registration books, the provisions in the second chapter have the same content as the classifying registration of the kal'abend registration book. The provisions in the first chapter are about the cases that took place within the borders of the Ottoman Empire and the precautions should be taken against these cases. Here, administrative and social issues are mainly included. In the second chapter, the punitive executions belonging to the Ottoman Empire are included. In the registration book, the cases belonging to different regions are encountered. Therefore, the cases and issues belonging to different regions of the Ottoman Empire and the precautions taken against them can be understood from the provisions in the registration book. Generally, acts contrary to the laws and rules that occur, as well as cases that disturb the peace in the region and involve activities such as banditry, etc. are included in the provisions. The attitudes and behaviors of the Ottoman Empire in the face of these cases and the precautions taken with the aim of eliminating the issues are clearly seen in the provisions. In the precautions taken, the punishment of the criminals is intensely at the forefront. Punishments included in the provisions in the registration book are death sentence, hard labor (penalty applied by rowing on ships), kal'abend confinement (confinement in a fortress), monastic confinement, deportation and compulsory residence penalty.

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6284 Sayılı Kanun Kapsamında Tedbir Kararlarının Verilmesi Ve Uygulanmasına İlişkin Usul Ve Esasların Değerlendirilmesi

Author(s): Simge Aksu Kayacan / Language(s): Turkish Publication Year: 0

Within the scope of Law No. 6284, it is possible to take a protective cautionary decision with regard to the persons who are protected and a preventive cautionary decision with regard to the perpetrator of violence. The followings are the persons protected within the scope of this Law; the women, the children, the family members and the victims of stalking who have been subject to the violence or at the risk of violence. The followings are the authorities that can take a cautionary decision; the judge of family court, the administrative chiefs and law enforcement officers. The judge of family court can take both protective and preventive cautionary decisions, the administrative chiefs can only take a protective cautionary decision. In cases where delay is considered to be risky, the law enforcement officers can take some of the the protective cautionary decisions identified within this Law which can be taken by the administrative chiefs and some of the preventive cautionary decisions which can be taken the judge. The cautionary decision can be taken for the victims and perpetrators of violence within the scope of this Law upon request or ex officio. The cautionary decision can be taken for a six month period at most initially. No evidence or report providing violence is required in order to take a cautionary decision. The fact that the cautionary decision haven’t been pronounced or notified to those concerned does not constitute an impediment to implement the decision. With regard to the perpetrator of violence who acts contrary to the requirements of the preventive cautionary decision, the preventive imprisonment is ruled by a judicial decision even if the act constitutes crime. In each recurring action contrary to the requirements of the cautionary decision, the period of the preventive imprisonment is increased. But the total duration of the preventive imprisonment shall not exceed six months. The judge has no discretion with respect to decide on the preventive imprisonment in the event of violation of the cautionary decision. In order to decide on the preventive imprisonment, the cautionary decision must be pronounced or notified to the perpetrator of violence including the legal warning stating that in case of acting contrary to it the preventive imprisonment in respect to him will be issued. The cautionary decisions and decisions regarding to the preventive imprisonment may be appealed to the family court by the relevant persons. The decisions on appeal are final. In this paper, it is aimed to examine and evaluate the issues of making and implementing the cautionary decisions, acting contrary to the cautionary decisions, appealing against the cautionary decisions and the decisions regarding to the preventive imprisonment by making use of relevant legislation, scientific studies and judicial decisions, besides addressing and offering solutions to the problems encountered.

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A ‘back to basics’ approach to offender supervision: Does working alliance contribute towards success of probation?

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A ‘back to basics’ approach to offender supervision: Does working alliance contribute towards success of probation?

Author(s): Jennifer Hart,Kimberly Collins / Language(s): English Issue: 2/2014

Working alliance (WA) considers the bond between two people, and their ability to work collaboratively to set goals and tasks. In the present study, WA was applied to probation to assess the relationship between a probation officer and offender. Questionnaires were administered to offenders to examine the impact of offender risk and offence type upon the development of WA, and how WA predicted perceived success of probation. WA did not differ as a result of risk or offence type but was highly predictive of success of probation. Results were discussed in terms of task, bond and goals and how these are a cost-effective method of improving success of probation.

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A Framework for a Restorative Society? Restorative Justice in Northern Ireland

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A Framework for a Restorative Society? Restorative Justice in Northern Ireland

Author(s): Vicky Conway,Brian Payne / Language(s): English Issue: 2/2011

Presenting findings of an unparalleled study, mapping the extent of restorative practices in Northern Ireland, this article argues that while some examples of the use of restorative justice in Northern Ireland have been researched in detail, it is in fact being employed in a much wider range of contexts, including schools and children’s care homes. This diversity in restorative justice deployment is used to frame arguments for restorative justice to be given stronger footing by government citing the great potential for Northern Ireland to become a ‘restorative society’. Key findings from the mapping research are presented as an explanation for previous growth in restorative practices to date and as a facilitator for further growth both in Northern Ireland and in other jurisdictions. These include recognition that the definition and application of restorative justice must be determined by situation and context, and that the continued expansion of restorative practices is dependent on the cross-fertilisation of ideas both from abroad, but also between organisations within a jurisdiction.

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A Judicial Review of the De Facto Detention of Foreigners in Turkey

Author(s): Gamze Ovacık / Language(s): English Issue: 2/2020

The term, de facto detention, refers to instances in which foreigners are held or deprived of their liberty usually with a view to preventing their entry into a country or expelling them from a country, but without implementing a legally prescribed detention regime that satisfies the criteria of the rule of law. The first type of de facto detention occurs when provisions regulating detention are absent or deficient in the legal framework. The second type takes place when domestic law sufficiently regulates detention regimes; however, the law is not duly implemented in practice. This article examines judicial practices in Turkey in both categories of de facto detention, analysing 37 Turkish court decisions with supporting case law from the European Court of Human Rights. Focusing on case law makes it possible both to track deficiencies in administrative practices and to analyse judicial response as a tool for rectifying unlawful administrative practices.

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A New Function of Prison Industry and Private Prisons in Developed Countries, and the Possibility of their Implementation in the Republic of Serbia

Author(s): Emil Turković / Language(s): English Issue: 4/2017

In the 1990s, various countries had a different approach to the problems related to prisoners’ labor. In the United States, the concept of prison labor could survive only in such developed states as New York, Pennsylvania and Massachusetts which could cope with the burden of keeping unproductive prisons. Under the impact of the penal reform and upon the adoption of new penal legislation in these states, the old American tradition of labor prisons gave way to a new standard which implied that convicted offenders had to learn different crafts while in prison but they were excluded from the public labor market when at large. The new industrial program, which was thus engendered, has significantly contributed to spreading the reformist functions of prison labor. Organized prison labor had always been strongly supported by penal reformers in the north of the United States but, in the mid-1980s, as the penal reformers moved away from that part of the United States, the concept of organized prison labor no longer had a significant political and legislative impact. The influence of penal reformers and the idea of instituting convict labor (but without competition in the labor market) had a strong influence on government politicians both at the federal and state government levels. The reformers endeavored to ensure the prisoners’ welfare and enable all prisoners to work and participate in the labor market as competitive workforce, both by leasing their labor and through the sale of final products on the free market.

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A New Model of Penitentiary

Author(s): Doian Chiriță / Language(s): English Publication Year: 0

In order to create a better society, due importance must be given to persons deprived of their liberty, in the sense of changing their behavior, so that in the end they no longer commit antisocial acts. As a result, the necessary attention must be paid to the development of appropriate educational and social programs, as well as to places of detention. Thus, as we will show below, the architecture of the penitentiary should be different, both inside and out. We cannot achieve the expected resocialization if we do not adapt the construction of detention units and educational programs to a positive purpose and not to a punitive one.

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A paráznaság és házasságtörés megítélése és büntetése a Debreceni Magisztrátus jegyzőkönyvei alapján (1547–1625). Adalékok Kálvin János teológiai hagyatékának magyarországi hatástörténetéhez

Author(s): Balázs Dávid Magyar / Language(s): Hungarian Issue: 2/2021

John Calvin was devoted to restore the sanctity of the Genevan townsfolk, by which he understood the practical fulfilment of God’s Law, the Ten Commandments. To be sure, his primary intention was to exert an influence on the texture of daily life of the Genevan population. He delivered sermons and published-edited commentaries in order to establish his new theological ethics, and marital reforms concerning the adequate moral life of a Christian family. He fought against every kind of sexual crime, including fornication and adultery. However, while Calvin accepted in theory that adultery ought to be punished with death penalty, the Genevan reality was very different, because Calvin was preaching from the mercy of God day by day. Calvin’s thoughts on Christian marriage and family life raised several historical, judiciary and social questions. An examination of Juhász Péter Méliusz’s Debrecen-Egervölgyi Confession and Major Articles shows that Calvin’s heritage deeply influenced the Hungarian Reformed teaching on engagement, marriage and divorce. Nonetheless, the readers will find that the reformers of the “Hungarian Reformed Church” did not cite directly the theological and ethical works of Calvin or Luther concerning the questions of fornication and adultery. An examination of the operation of the Magistracy of Debrecen reveals that, in case of adultery, sinners were allowed to receive the clemency of their spouses, extricating them from the legal procedure with this merciful statement: “I take no pleasure in the death of the wicked” (Ezech 33,11). Between 1547 and 1625 only 26 people (female: 17, male: 9) out of a total of 241 persons (female: 136, male: 105) accused of fornication and adultery were actually executed. Nevertheless, death sentence was promulgated in cases of serious fornication mixed with sexual violence or murder of infants.

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A. Chmielewska, A. Janus-Dębska, G. Rybicka - Zawód kuratora sądowego w Polsce: praca, misja, pasja, przygoda? Rozważania o stanie obecnym i przyszłości kurateli sądowej w Polsce na podstawie wyników badań własnych

Author(s): Krzysztof Sawicki,Iwona Klonowska / Language(s): Polish Issue: 1/2021

Review of: Iwona Klonowska, Krzysztof Sawicki - A. Chmielewska, A. Janus-Dębska, G. Rybicka - Zawód kuratora sądowego w Polsce: praca, misja, pasja, przygoda? Rozważania o stanie obecnym i przyszłości kurateli sądowej w Polsce na podstawie wyników badań własnych

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ABOUT RESEARCH METHODOLOGY IN SOME AREAS OF THE FIGHT AGAINST CRIME

Author(s): Sergey Kolb,Alyona Godlevskaya-Konovalova / Language(s): English Issue: 3/2018

The article deals with the state and essence of the methodology of investigations in the field of combating crime, identified the potential of certain methods of knowledge of the content of socio-legal phenomena and processes, which, in particular, relate to issues of criminal-executive activity, as well as proposed author's variants of more effective use of scientific methods for assessing the current state of law and order in penitentiary institutions and institutions.

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ABOUT SOME HISTORICAL "RELAPSES" OF FIGHT AGAINST CRIMINALITY IN THE FIELD OF IMPLEMENTATION OF PUNISHMENTS OF UKRAINE

Author(s): Volodymyr Ortynskiy,Roksolana Kolb / Language(s): English Issue: 3/2018

The article analyzes the legal and normative principles on the basis of which the fight against crime in Ukraine was carried out on the so-called Soviet day, defined the peculiarities of this activity and established the regularities of the emergence, functioning and development of this socially dangerous phenomenon in places of deprivation of liberty.

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ABOUT SOME REGULATORY LEGAL FRAMEWORK OF THE FIGHT AGAINST CRIME IN THE SPHERE OF EXECUTION OF PUNISHMENTS

Author(s): Alexei Humin,Lesia Duchiminskaya / Language(s): English Issue: 3/2018

The article analyzes regulatory legal sources on the issues of combating crime in penal institutions of Ukraine and the effectiveness of their application in practice, as well as identifies the main problem issues to be studied at the scientific level.

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ABOUT SOME TENDENCIES OF COMMITTING CRIMES IN THE FIELD OF EXECUTION OF PUNISHMENT OF UKRAINE

Author(s): Alexander Kolb,Taras Mis'kiv / Language(s): English Issue: 4/2018

The article identifies the main tendencies of crime in the colonies of Ukraine in the current conditions, as well as analyzes its main indicators taking into account their influence on the state of law and order in the penal institutions and the level of effectiveness of preventive activities.

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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.

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Adapting to isolation in prison. Concept review

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

This article is of a review nature. It features a presentation and discussion ofconcepts (including typologies) of adaptation to isolation in prison, which have appearedin the literature over the years, namely concepts by: Leon Rabinowicz, Vladimir Pirozhkov,Donald Clemmer, Gresham Sykes, Erving Goffman, John Irwin, Stanley Cohen and LaurieTaylor, Roy King and Kenneth Elliot as well as Ben Crewe. The author explains the contextin which they were created, presents their advantages and disadvantages, and considers theissue of universality of each of these concepts.

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ADEQUACY OF PENAL POLICY IN CRIMINAL CASES OF ORGANIZED CRIME

Author(s): Miodrag N. Simović,Mile Šikman / Language(s): English Issue: 4/2019

Organized crime is a serious form of crime, whether it is viewed in the criminological sense or as the criminal justice response to this phenomenon. In this regard, the penal policy of the legislator should be proportionate to the gravity of organized crime. However, the penal policy of the courts does not reflect the stated intentions, which is primarily reflected in relatively mild criminal penalties for criminal offenses of organized crime. Although the case law does not contravene the law, i.e. contra legem, because it moves within the boundaries prescribed by the law, it is obvious that the issue is about imbalance of punishment for these criminal offenses, even when it comes to mitigating of the sentence of imprisonment. This paper will provide an analysis of the criminal law framework of organized crime prescribed by the Criminal Code of Bosnia and Herzegovina (CC BiH), as well as an analysis (statistical and descriptive) of the jurisprudence in the criminal cases of organized crime before the Court of Bosnia and Herzegovina (Court of BiH) for the period 2015-2018. As it is not justified and desirable for the legislator's criminal policy and court case jurisprudence to have a different approach in relation to these criminal offenses (different valuation and grading of severity of organized crimes), we will also make certain proposals for de lege ferenda. The paper is a continuation of earlier researches of this problem and is based on the analysis of court judgments in organized crime cases.

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Administracyjnoprawny status zakładu karnego

Author(s): Marian Masternak / Language(s): Polish Issue: 56/2022

The aim of the article is to analyze the legal position of prisons as entities established to perform administration providing services in the field of public security. The considerations contained in the work confirm the thesis that these entities have all the features of public (administrative) establishments, therefore, to fully present their role, tasks, organization, and principles of operation, it is worth referring to the achievements of the theory of an administrative establishment. Considering administrative and legal aspects in research on the issues of prisons is a significant complement to criminal law, criminological and sociological research.

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