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POLOŽAJ ZAVISNIKA U NEFORMALNOM SISTEMU PENALNIH USTANOVA U REPUBLICI SRPSKOJ

Author(s): Nebojša Macanović,Jelena Kuprešanin / Language(s): Bosnian,Croatian,Serbian Issue: 1-2/2016

Reason(s) for writing and research problem(s): This topic is specific and imposes a number of other problems that can be the basis for further studies, concerning the conditions of imprisonment, administration, distrust, rehabilitation and overall attitude of the society towards this population. Aims of the paper (scientific and/or social): The aim of this paper is to show the position of addicts while serving a prison sentence, their role in the informal system and the reasons of their difficult re-socialization. Methodology/Design: The situation of drug addicts is presented through the analysis of reports and experience of professionals. Through descriptive and statistical method their true position while serving a prison sentence is shown. Study represents conditions on territory of Republic of Srpska. Research/paper limitations: Limitations of this study are presented in its subject, because this is an area that is sensitive and “taboo” topic. Results/Findings: The problem of addiction is specific and in the informal prison system they easily become victims. Institutional correctional treatment is increasingly becoming a seduction administration of offenses and monitoring of criminal behavior of addicts. General conclusion: Person who have been convicted, serve their sentence in the middle of seemingly legally regulated environment, and they are exposed to a number of negative effects of deprivation.

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KAZNA I NAGRADA U FUNKCIJI RESOCIJALIZACIJE OSUĐENIH LICA

Author(s): Nebojša Macanović,Andrea Stanković / Language(s): Bosnian,Croatian,Serbian Issue: 3-4/2014

Conditions of serving a prison sentence in criminal correctional institutions, various deprivations, limitations and difficulties, prescribed norms, standards of behaviors and many similar phenomena, are creating aversion to the prison administration, the conventional control system and its officials. It is also known that prisoners perceive the prison staff as the society representatives who sentenced, rejected and placed them in the inferior living conditions. This is the basis on which the hostility between prisoners and prison staff develops, what can develop into the negative group mood and open conflict, having a background in the prisoners’ system of values, norms and code of conduct. The result of such hostility and aversion are just various offenses that a formal system sanctions with disciplinary measures. That psychological atmosphere in the criminal - correctional institutions often depends on the balance of punishment and rewarding prisoners. Punishment and rewards are an integral part of the educational treatment, but very often the necessary methods and means on which depends the organization and functioning of the criminal – correctional institutions. Punishments and rewards are also important factors that affect the process of re-socialization, and the aim of this paper is exactly to realize the purpose, effects and criteria for pronouncing a disciplinary measure and reward the prisoners.

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Preventivní vězeňský program zacházení u kněží Jana Boska a Františka Řezáče

Author(s): René Strouhal / Language(s): Czech Issue: 2/2021

The purpose of imprisonment in a prison is not only to imprisonment itself, as it was mostly accepted by the turn of the 19th and 20th centuries, but its more important goal is to motivate prisoners to moral integrity and reintegration in the post-release phase of execution of punishment. So-called treatment programs aim to achieve this. Thanks not only to the biological, psychological or social nature of man, but also to his spiritual nature, the Church's contribution to the recovery of society is its resocialization activity in prisons. We find stimulating impulses in the prison activity of the Italian priest Jan Bosko and the Czech clergyman František Řezáč. After comparing the wazy of resocialization of prisoners in both pioneers from the ranks of priests, research follws on the acceptance of such resocialization of respondents.

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TOWARDS SOCIALISM WITH A HUMAN FACE

Author(s): Božidar Jezernik / Language(s): English Issue: 3/2020

The takeover of power in Yugoslavia was carried out by the Communist Party in full accordance with the textbooks of the Bolshevik Party schools for establishing of the proletarian dictatorship. In this spirit, a state established after the Second World War was formed, whose declared aim was to change the regime and establish a new social order. The first priority on the list of the leaders of the socialist revolution was the liquidation of the occupying forces and their domestic collaborators. In order to consolidate its power, the revolutionary power included in their number not just those who actively assited the occupying forces, but also those who were not in favour of the regime and did not actively fighty on the side of the partisans. The iron fist of vengeance thus struck thousands and thousands with all its might. However, the firmer was the Communist Party’s grip on power, the greater was the weight of its internal opposition. It became a real danger after the split between Moscow and Belgrade in 1948. This is why the regime dealt with them mercilessly. A new series of mass arrests, convictions and deportations followed. Initially, Tito’s regime responded to criticism from Moscow by radicalising the Stalinist line in eliminating the last vestiges of “capitalism” in Yugoslavia. Eventually, however, Yugoslav ideologues developed a new tpe of socialist system – Titoism. The showcase item, born out of creative opposition to Stalin and the Soviet system and fit for new ideologisation was workers’ self-management. Paradoxically, how this new system works, the regime tested in practice on the Goli Otok island and other “work sites” scattered around the state were so-called Stalinists were deported in order to be re-educated.

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“THE TEACHER SHOULD NOT JUST BOSS AROUND ALL THE TIME”. GOOD TEACHERHOOD IN THE LIGHT OF YOUNG PRISONERS’ EXPERIENCES

Author(s): Tanja Äärelä,Satu Uusiautti,Kaarina Määttä / Language(s): English Issue: 1/2014

The purpose of this study is to analyze the essence of good teacherhood through young prisoners’ school experiences and memories in order to find means to prevent antisocial and exclusion-oriented development in youths. The assumption is that young prisoners’ teacher descriptions include also positive memories. How do they describe teachers who have supported them or could support children’s school going? How do the research participants perceive themselves in relation to teachers and teachers’ actions? The data consisted of young prisoners’ narratives regarding their school time. Twenty-nine young prisoners, aged 17-21, from two prisons in northern Finland participated in the study. This study employed the narrative research approach. The data were obtained through free-form interviews that resembled the narrative interview method. The qualitative content analysis and the narrative analyzing models were employed when analyzing the narrative data. According to the young prisoners’ perceptions, good teachers shared certain features and skills that could be categorized into three: interaction skills, pedagogical and didactic skills, and subject knowledge. The study contributed unique information about the positive actions and features of teacherhood that can support the school work also among the children in danger of exclusion.

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Death For Rape In Nigeria: A Closer Look At The New Kaduna State Penal Law

Author(s): Sadiq Muhammad Safiyanu / Language(s): English Issue: 12/2020

In June of 2020, all 36 State governors in Nigeria declared a state of emergency over rape and other gender-based violence against women and children in the country. This came after a national outcry following the rape and murder of two young girls. In November 2020, the UN reported that at least 3,600 cases of rape were recorded during the nationwide lockdown occasioned by Covid-19. These figures are indeed very alarming, and a firm collective response as a society is necessary. Several groups have called for the death penalty and/or castration of convicted rapists. In fact, Kaduna State has amended its laws to prescribe both punishments. There is worry especially on the international scene, on the efficacy of such a law. This article examines the effectiveness of harsher penalty to deter crime as regards rape. The existing judicial system in Nigeria was also examined against the background of implementation. There is no sufficient evidence for a compelling case as regards the effectiveness of stiffer penalties to deter crime. Sensational measures such as death and castration may momentarily satiate the public thirst for blood but will ultimately fail to have any meaningful impact on solving this problem. However, criminal justice reforms such as the VAPP Act gives good ground to protect victims and ensure justice. But the amendment of laws and partial adoption of reforms only constitute the foundation of lasting solution. A sustainable solution will require even more systemic reforms starting from a uniform ratification of the VAPP Act across Nigeria. This article explores some suggested reforms for a more robust response to the menace of rape.

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Sprawozdanie z seminarium naukowego Centrum Analiz Kryminologicznych pt. „Badania w zakładach karnych – szanse, wyzwania, perspektywy”

Author(s): Katarzyna Witkowska-Rozpara / Language(s): Polish Issue: 27/2020

„Dylematy etyczne, jak i poczucie odpowiedzialności spoczywające na naukowcu, który działa w określonej przestrzeni społecznej wobec konkretnych podmiotów” są spotykane w wielu dziedzinach, w tym także dyscyplinach społecznych i humanistycznych. Wejście badacza do świata relacji międzyludzkich może wywoływać różnorodne konsekwencje, które będą wpływać zarówno na życie samego badacza i osób badanych, jak i na pracę naukową. Utrudnienia czy sytuacje nieplanowane, które mogą wystąpić podczas realizowanego badania, mogą także oddziaływać w mniejszym lub większym stopniu na wnioski poznawcze albo prowadzić do rewizji wstępnych założeń lub uznanych procedur.

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IZRICANJE I PROVOĐENJE KAZNENOPRAVNIH MJERA I SANKCIJA PREMA MALOLJETNICIMA I MLAĐIM PUNOLJETNICIMA U REPUBLICI HRVATSKOJ

Author(s): Snježana Pavlić,Željka Knotek Maloić / Language(s): Bosnian,Croatian,Serbian Issue: 6/2021

The introductory part of the paper addresses the issue of juveniles and young adults who are perpetrators of criminal offenses. The legislative framework is outlined briefly, in addition to the measures and sanctions imposed on juveniles and young adults in the Republic of Croatia in criminal proceedings. In the central section of the paper, the authors highlight the particularities of the criminal justice system for juveniles (basic principles, relevant laws and envisaged sanctions), and institutions where criminal measures and sanctions are implemented, with emphasis on those within the competence of the Directorate for Prison System and Probation of the Ministry of Justice and Public Administration. Furthermore, criminal sanctions imposed on young adults are presented in more detail for which the implementation is conducted within the framework of the probation service. The paper also reviews the types of criminal offenses for which juveniles and young adults are most frequently sentenced to an educational measure or criminal sanction.

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УЛОГА АЛТЕРНАТИВНИХ МЕРА У СУЗБИЈАЊУ МАЛОЛЕТНИЧКОГ ПРЕСТУПНИШТВА

Author(s): MIlica Rakonjac,Hatidža Beriša / Language(s): Serbian Issue: 6/2021

Juvenile delinquency has been a faithful companion of every society since its earliest steps. It occurs in almost all social systems and there are rare environments in which it does not represent one of the leading and burning problems. Juvenile delinquency has reached enormous proportions, both in its structure and in its social responsibility, so we often wonder whether its trend of constant growth will reach the level of juvenile delinquency. The criminal-legal reaction to this type of crime includes specific measures, because it is still a specific category of society. Diversionary or alternative measures represent a relatively new form of response to juvenile delinquency. The aim of these measures is to avoid the negative consequences of conducting criminal proceedings, on the one hand, but also to relieve the courts and the general legal system on the other. Namely, the measures generally make it possible to avoid the side effects of stigmatization and disruption of everyday activities and habits of minors. The aim of this paper is to show the role and importance of alternative measures to juvenile offenders. Namely, this will try to explain in as much detail as possible the role of alternative measures to resocialization and behavior of juvenile offenders, and generally their impact on reducing the rate of juvenile delinquency.

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KAZNA MALOLJETNIČKOG ZATVORA U REPUBLICI HRVATSKOJ KAO NAJTEŽA KAZNENOPRAVNA SANKCIJA ZA MLADE POČINITELJE KAZNENIH DJELA

Author(s): Ivica Luketić / Language(s): Bosnian,Croatian,Serbian Issue: 6/2021

Juvenile criminal law is a special and specific part of criminal procedural law which regulates the position of juvenile offenders. Juvenile imprisonment in the Republic of Croatia is executed in several penitentiaries, in closed, semi-open and open conditions. In this paper, I will present the treatment of a juvenile offender sentenced to juvenile imprisonment as the most severe criminal sanction young people can be imposed to regarding the conflict with the law; from referral, execution of an individual treatment program, post-penal admission and release from serving a sentence of juvenile imprisonment. I will show the specificity and diversity in individualized programs of execution of juvenile imprisonment in relation to other prisoners (lack of financial and accommodation capacities, adequate professional staff with specific knowledge and skills). In this paper will be presented statistical indicators related to the sentence of juvenile imprisonment (sentence imposition and execution), and through the case study report will be pictured a sentence of juvenile imprisonment on adults regarding to certain criminal offenses; on which criteria and specifics the court sentence juvenile imprisonment and not prison to individual (younger adult).

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Kara śmierci: dlaczego zmiany radykalne?

Author(s): Michał Kaczmarczyk / Language(s): Polish Issue: 685/2021

Book-Review: Tomasz Snarski, Kościół katolicki wobec kary śmierci. Między prawem a filozofią i teologią, Więź, Warszawa 2021, 192 s. (Michał Kaczmarczyk)

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Rola zakładu poprawczego w społecznej readaptacji nieletnich. Wybrane problemy teoretyczne i praktyczne

Author(s): Monika Kotowska / Language(s): Polish Issue: 52/2021

In the Polish legal system, the age of criminal responsibility is 17. In proceedings involving juveniles conducted by family courts against minors of the Act of 26 October 1982 on proceedings in juvenile cases. Youth Detention Center is the most restrictive an isolation educational measure. This paper explores the role of Youth Detention Center in the social readaptation of minors. Conclusively, proposals with a view to the future law are formulated, which can help solve the issues presented in this paper.

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Statute of limitations under the penal law of Bulgaria

Author(s): Anton Girginov / Language(s): English Issue: 154/2021

Ukraine carries out intensive judicial cooperation in criminal matters with other European countries. A typical impediment to granting Ukrainian requests for such cooperation (e.g. extradition from another country, taking over Ukrainian criminal proceedings by the requested foreign country, recognition and enforcement of Ukrainian criminal judgments abroad) is the expiry of the time limitation period [lapse of time] not only under the Ukrainian law but also under the law of the foreign country that Ukraine requests for cooperation. The problem is that the criminal statute of limitations of most European countries is significantly different from the Ukrainian one. In view thereof, Ukrainian criminal lawyers are interested in having some general knowledge of the statute of limitations of other European countries, esp. such as Bulgaria. On the one hand, this foreign country has always been a steady partner of Ukraine in international judicial cooperation. On the other hand, the Bulgarian statute of limitations constitutes a good example of the different type of legal framework for lapse of time that requesting Ukrainian authorities shall necessarily consider. All penal laws of the contemporary Bulgarian state contained some statute of limitations. These laws are the 1896 Penal Law (repealed), the 1951 Penal Law upgraded to the 1956 Penal Code, after the full codification of this branch of law in Bulgaria (also repealed), and the existing Penal Code of 1968. The criminal statute of limitations outlines periods when competent state authorities have been inactive. The expiry of these periods (the lapse of time under law) extinguishes the immediate legal consequences of crimes or the punishments imposed by the court for them. In Bulgaria, the statute of limitations consists of substantive penal law provisions. This is a legislative recognition of its substantive nature. The concept that the criminal statute of limitation is a procedural legal institution has been overcome in Bulgarian theory, law and judicial practice. The statute of limitations produces procedural consequences also but they derive from its direct substantive law results as secondary effects. As in most other countries, the penal law of Bulgaria prescribes two types of limitation periods. The first one runs after the commission of the offence. It is also called ‚limitation of the offence‘; its expiry entails the extinction of the offender’s criminal liability preventing both the imposition of punishment on him/her and his/her conviction status as well. The second type of limitation period occurs after the imposition of an executable punishment. It is also called ‚limitation of the punishment‘; its expiry entails the extinction of the punishment imposed only. It does not eliminate the fact that the offender has been convicted.Under the Bulgarian Penal Code, each of the two types of statute of limitations includes not only general time limitations but also absolute ones as well. The former is applicable when the competent state authorities have not undertaken required activities whereas the latter applies only if the competent state authorities have failed to achieve a required result, namely: the imposition of punishment on the offender or the execution of his/her punishment.

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W stronę aksjologicznej neutralności i prób jednoznaczności. Od „wykolejenia” do „zaburzenia”, czyli o przemianach w kluczowych definicjach pedagogiki resocjalizacyjnej

Author(s): Barbara Ostafińska-Molik / Language(s): Polish Issue: 6/2020

The purpose of the article is to attempt to synthetically present the changes in the use of the designates from the so-called group of descriptive terms in the literature: ‘difficult individuals’, i.e. synonyms and substitutes of ‘social maladjustment’created on the grounds of Polish rehabilitation. It is an attempt to systematise knowledge around definitions that have grown into the language of pedagogy for the past seven decades. The article shows the axiological and ambiguous dimension of these definitions, considers the issue of the value of a word as a transmitter saturated with something more than just a letter-sign. The need to break away from unnecessary value in definitions seems to be very important in 21st century science. The advisability of organising the terms used is desirable and very necessary, especially for understanding the ideas and directions of development of the discipline. It is the concepts that allow for designing research and conducting diagnoses and descriptions. In this article the reader will be able to trace the changing definitions created by the elders of Polish rehabilitation and the ideas in which these definitions are rooted.

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Policininkas ar socialinis darbuotojas? Probacijos pareigūnų profesinių vaidmenų tyrimas

Author(s): Simonas Nikartas,Justinas Paliauka,Artūras Tereškinas / Language(s): Lithuanian Issue: 2/2021

The article discusses the results of the quantitative survey of Lithuanian probation officers. We attempt to answer the question of what roles officers choose in their professional service. Taking into account the specificity of probation officers’ duties and internationally accepted classifications, we use, in the article, the categories of the professional roles of policeman (or controlling agent) and social worker (or resocialising agent) to analyse Lithuanian probation officers. The conducted research demonstrates that the Lithuanian probation officers associate their professional service with the control-oriented and balanced roles. We explain the choice of the control-oriented role as influenced by such factors as strict punitive policies and punitive culture and the development of the Lithuanian probation system from the institution of police and control towards the institution of resocialisation and social support. The choice of the balanced role could be associated with the contrasting functions of control and resocialisation that the probation officers attempt to combine in their everyday professional activities.

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ORGANIZACIJA HITNE HELIKOPTERSKE MEDICINSKE SLUŽBE U BOSNI I HERCEGOVINI

Author(s): Marko Đuzel / Language(s): Croatian Issue: 2/2021

Locating and transporting the injured can be done in several ways and, certainly, the most common form is road transport. However, locating the injured person and transporting them would be easy if all the accidents happened on paved roads or in cities. Air accidents, accidents in nature, on water, and similar accidents are characterized by their inaccessibility. In response to such situations, a type of aviation developed known as intervention aviation. For this specific research, two questionnaires were composed which are correlated and have a common goal - to possibly justify the deployment of the emergency helicopter medical service and define the possible institutional organization, as well as the most consequential obstacles for its formation. Considering this is a multidisciplinary study, various methods were used for this research, but the basic method is to survey two groups of respondents. Two survey questionnaires were composed, one of which is intended for medical staff or staff directly or indirectly involved in the health system, while the other is intended for potential funders, users, institutions under which the service would operate, the academic and professional community.

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Released from foreign detention: Examining reoffending rates among returning Dutch detainees in the Netherlands

Author(s): Matthias Van Hall,Laura Cleofa-van Der Zwet / Language(s): English Issue: 3/2021

At least 1,900 Dutch detainees are detained abroad yearly. They are housed in foreign detention because they are accused of having committed a criminal offence in a country that is not their country of residence. This study used data regarding Dutch detainees who were supervised by the International Office of the Dutch Probation Service to examine detainees’ background characteristics and their offending behaviour after returning to the Netherlands. The findings show that 23% of the Dutch detainees reoffended within 2 years of release from foreign detention. Furthermore, several background characteristics, such as their age at release from foreign detention, are related to reoffending behaviour.

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SIGURNOSNI ASPEKTI KRIJUMČARENJA MIGRANATA I TRGOVINE LJUDIMA

Author(s): Senadin Šabanija / Language(s): Bosnian Issue: 2/2021

Trafficking in human beings and the smuggling of migrants today in many countries take forms that might have a serious potential for impacts on security. Security aspects of these phenomena are expressed both in countries of origin, transit, or final destination and concerning victims of these activities. A common element of human trafficking and migrant smuggling is the enormous profit made by the organizers of these activities, but it is wrong to equate these two concepts. The difference is coercion for exploitation, which is coercion that appears as obligatory in human trafficking, while in the smuggling of migrants it is only a side effect and can occur during the whole process, not only at the beginning. Security aspects of human trafficking and migrant smuggling can be also viewed through the prism of links to terrorism, but there is insufficient evidence to suggest direct links between the two phenomena. On the other hand, the uprise of violent extremism, ultra-right nationalism as well as ethnonational separatism can be directly linked to the increase of migrations in some countries. Hence, the securitization of migration emerges as the most common response of some countries to mass migrations, which can lead to greater security challenges. A review of available research on migration and security in Southeast Europe, the European Union, and the United States may lead to a conclusion that human trafficking and smuggling of migrants, although the backbone of organized transnational crime, cannot be considered generators of negative security impacts in these countries.

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Cesare Beccaria: Von den Verbrechen und von den Strafen – die Rezeption des Werkes in Ungarn

Author(s): István Stipta / Language(s): German Issue: 2/2021

The work of Cesare Beccaria Dei delitti e delle pene (“On Crimes and Punishments”) has become one of the most influential and canonized opuses of the world history of law. It opened a new era in the history of the European criminal law. Its basic theories possess great prestige in the professional debates of our days in criminal law, as well. In a sense, it has become a sort of fashion, thus, the eventual interpretations of its cited thoughts diverge from the text of the original work and the former content to be mediated. To a certain extent, every significant intellectual work has a similar destiny. That is why it is to be considered to return to the original source and to recall the circumstances of the development of the opus and its contemporary assessment. That is our endeavour to tackle that briefly when we review the response of Beccaria’s most important work in Hungary. In this essay we tackle the most important stages of the publication of the work, the Hungarian translations and the career history of the work in Hungary. Furthermore, the essay outlines the statements of the Hungarian science of legal history. It refers to the further possibilities of the scientific elaboration of the oeuvre, as well.

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Po wyroku. Cztery historie o powrocie

Author(s): Andrzej Draguła / Language(s): Polish Issue: 686/2021

Od grzesznika oczekuje się nawrócenia i poprawy. To oczywiste. Dla niektórych jest to nawet konieczny warunek przebaczenia. Ale czego oczekuje się od przestępcy? Zmiany, poprawy, skutecznej resocjalizacji, która byłaby niezbędnym warunkiem przywrócenia go społeczności? Czy jednak każdy przestępca może liczyć na drugą szansę i nowe życie? Prawo taką możliwość daje choćby poprzez instytucję zatarcia, ale i tutaj jest – jak wiadomo – jeden wyjątek. Jak wynika z artykułu 106a Kodeksu karnego, w Polsce zatarciu nie podlega wyrok dotyczący osoby, która dopuściła się przestępstwa przeciwko wolności seksualnej i obyczajności, kiedy pokrzywdzony był małoletnim poniżej piętnastego roku życia. Wyjątek ten nie wynika jednak z przekonania, że osoba popełniająca taki czyn jest absolutnie niezdolna do poprawy i zmiany.

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