Teoretyczne i empiryczne przesłanki zastosowania arteterapii w resocjalizacji penitencjarnej

Author(s): Janina Florczykiewicz / Language(s): Polish Issue: 30/2016

The analysis of today’s scientific writings on prisons shows that art may turn out to be an invaluable treatment tool. Art therapy opens the way for creativity, cognition, artistic self-expression and is a means to tell about experiences which cannot be couched in words. Art therapy is based on the creative process as a healing factor. Positive effects of art therapy can be split into four categories: therapeutic, educational, social (understood in terms of the quality of prison relations) and those related to personal development. The paper intends to discuss the use of art therapy programs in correctional treatment. It outlines the legal and pedagogical aspects of such treatment, suggests the possible role of art therapy in the endeavor, and discusses theoretical and empirical premises for its application. In addition, it reflects on art therapy programs already implemented within the framework of correctional treatment. This is another voice in the debate on possible future directions to be taken by today’s correctional treatment.

REAKCIJA NA ZLOUPOTREBU OPOJNIH DROGA

Author(s): Maja Ilić / Language(s): Serbian Issue: 1/2016

This topic has attracted the attention of all, especially because of the social danger of criminal nature and drug abuse, which is expressed in the performance of various offenses and crimes committed by addicts. The fact is that '' the beneficiaries' drugs often make embezzlement, larceny, fraud, pocket theft and other crimes, in order to obtain material resources necessary for the purchase of drugs. Care should be taken that they are drug addicts exposed to various kinds of blackmail, prostitution, shared secrets, etc., And psychological, physical, social and material decay very quickly. As disease and socio-pathological phenomenon, drug addiction represents primarily a social problem, and according to the causes of the occurrence is related to individuals and certain relationships in certain social structures. Therefore, it is for its prevention and suppression necessarily engaging almost all social organizations or structures, especially those whose active operation can affect the appearance of preventing the abuse of narcotic drugs, especially among part of the population that is in adolescence and life maturation. Persistent drug abuse estranges Beneficial Owners of the real world, making the care and social '' parasites', incapable of any physical or intellectual work.

Outside home. Notes on reflexivity

Author(s): Mara Clemente / Language(s): English Issue: 15/2017

There is a wide spectrum of ways in managing subjectivity intrinsic in research. This paper goes through and “lives” (Gregorio Gil, 2014) some research experiences: one on prostitution of minors and another on trafficking in human beings. These two experiences reveal how some of the characteristics of my subjectivity – among which that of being a “young female foreigner and outsider” in academia and in fieldwork – and of my own researches, have impacted that reflexivity practice alongside access to related fields, types of relationships and shared information. The paper proffers the idea in which a “reflexive process” on subjectivity can involve and/or hopefully involve the entire experience of the researcher, going beyond the borders of a single research. In the process, unexpected elements of subjectivity can come into play; in other cases the meaning attributed to them can change in time or can have a role different from what had been expected. Some elements, objects of epistemological analyses, as imposed by a reflexive approach, can become objects of attention also on the phenomenological level.

ТЮРЬМА В РОССИИ В КОНЦЕ XIX – НАЧАЛЕ XX ВЕКА И ЕЕ ИСПРАВИТЕЛЬНОЕ ЗНАЧЕНИЕ

Author(s): Sergei Viktorovich Shebalkov / Language(s): Russian Issue: 3/2014

The article studies the peculiarities of internal regime in Russian prisons in terms of its corrective effect on prisoners. The author analyzes various factors influencing the successful solution of the legislative problem of transformation of prison to a correctional institution. The views of well-known Russian jurists of the late 19th and early 20th century on this subject are considered in this paper. The differences in the position of criminal and political prisoners are also mentioned. The author comes to a conclusion that failures in the correction of prisoners in the penitentiary institutions were caused by a whole complex of reasons.

Zachowania patologiczne z perspektywy przeżyć i doświadczeń sprawcy

Author(s): Grzegorz Kudlak / Language(s): Polish Issue: 2/2016

The effects and social determinants of pathological behaviors seem to have been widely described and constitute the primary motivation for penal and social rehabilitation interventions aimed mainly at protecting the social interest and welfare from threatening individuals or groups. The question of harm and suffering experienced by the perpetrator (perpetrators) seems rather con¬troversial. This paper is an attempt at analyzing selected aspects of social pathology from the perspective of an individual, who is its subject, the perpetrator but also, to some extent, the main victim of his/her own actions. These dimensions comprise a psychosociological, ethical and transcendental perspective of the discussed phenomenon, respectively corresponding to the role of mental and social mechanisms, values, and spirituality of the offender.

Dochodzenie roszczeń cywilnych przez pokrzywdzonego przestępstwem od świadka koronnego

Author(s): Izabela Ciszek-Łudzik / Language(s): Polish Issue: 1/2018

The aim of the article is to discuss the issue of the state’s evidence institution, in particular to present civil law issues related to pursuit of civil claims by a crime victim. In connection with the rapid development of crime that can be observed in recent years, a solution that would effectively combat this phenomenon needed to be found. By the Act of June 25, 1997, the State’s Evidence Act was passed; the Act introduced a solution granting a prize in the form of not being liable to punishment for committed crimes in exchange for help in disclosing the circumstances of the offenses the state’s evidence has been aware of. The legislator, granting the state’s evidence immunity against punishment, forgot to secure the victim’s interest in the pursuit of civil claims resulting from the committed crime. A victim is basically deprived of the real possibility of pursuing civil claims from the state’s evidence. The obligation set in art. 3 par. 1 item 1 point b of the State’s Evidence Act introduced by the Act of July 22, 2006 shall be regarded as a positive solution that equalizes the chances of the weakened party, that is the victim. This regulation conditions granting of the immunity of the state’s evidence upon obligatory disclosure by the state’s evidence of their property and the property of other offenders referred to in art. 1 of the State’s Evidence Act. The article presents the position of a victim and their real chances of recovering the damage caused by the criminal group. A victim may pursue their civil claims directly from the state’s evidence, which is virtually impossible, due to the protection of personal data that is the state secret. A victim may also pursue their civil claims from other accomplices of the offense who, in the event of adjudicating the obligation to repair the damage caused, have a recourse claim against the state’s evidence.

O zbędności jednego z typów uprzywilejowanych zabójstwa – dzieciobójstwo w polskich kodeksach karnych

Author(s): Karolina Sekuła / Language(s): Polish Issue: 4/2014

Infanticide is a crime with a very interesting history. Over the centuries infanticide has come a long and complicated evolution under the influence of Christianity – from aggravated type of crime to the privileged one. The Polish penal provisions protect human life from the moment of conception until death. It refers to all people including children. However, children’s right to life is not treated the same way as adults when it comes to committing a murder. In case of infanticide possible sentences are much milder compared to a common murder. In the view of existing Polish legal system the issue of infanticide as a crime privileged raises many concerns on the theoretical and practical basis despite many attempts to treat it as a common murder.

Kara grzywny za przestępstwo lub wykroczenie skarbowe a sankcje prawa finansowego – problem podwójnego „karania” deliktów skarbowych

Author(s): Łukasz Zubrzycki / Language(s): Polish Issue: 4/2014

The article is dedicated to the problem of crossing fiscal criminal liability regime and the consequences resulting from applying proper regulations of financial law that provide for imposing so-called tax penalties. These “crossings” may be considered, among other things, as breaking the “ne bis in idem” rule or the constitutional principle of proportionality of country’s reaction to violation of legal obligation. The essence of tax penalties, their level of accumulation with amercement for fiscal delicts and constitutional requirements for acceptance of such crossings in light of the foregoing reference norms are discussed. Moreover, judicatory’s way of viewing this problem (expressed in the form of most widely commented court decisions) together with ideas on how to “solve” these crossings are also included.

Obowiązek natychmiastowego zwolnienia osoby pozbawionej wolności, wobec której uchylono tymczasowe aresztowanie lub odstąpiono od jego stosowania – przepisy prawa na tle nieprawidłowej praktyki

Author(s): Michał Przybycień / Language(s): Polish Issue: 4/2014

The subject of the article is analysis of regulations concerning the obligation of immediately release person in custody in a situation where arrest is repealed or not applied in context of incorrect practice. The author presents selected legislation, doctrinal standpoints and practice in this matter.

Znaczenie pracy osób pozbawionych wolności na przestrzeni dziejów

Author(s): Beata Zinkiewicz / Language(s): Polish Issue: 4/2018

The article is comprised of theoretical reflections on work of people deprived of liberty throughout different periods in the history. The first part of the study draws attention to the importance of work as a value attributed to the human nature which is a right and an obligation at the same time. The key functions of work such as an economic, income and social function were mentioned in the paper. The author took account of three basic contexts of work, namely a universalist, Christian and pragmatic one. The pedagogical and psychological dimension of human work and its educational importance were particularly emphasized in the paper and various attitudes of humans towards it (a punitive, instrumental and autotelic attitude) were presented. The subsequent part analyzes the role of work for people deprived of liberty from the evolutionary perspective, i.e. from antiquity to modern times. The author referred to the problem of slavery, forced labour and its material products. The central part of the article constitutes an a empt to review various foreign and Polish penitentiary institutions for people serving the sentence, in which work has become the basic element of the adopted philosophy for prisoners and the rehabilitation strategy resulting therefrom. The final considerations concern the situation of the Polish prison system in the period of systemic transforma ons and contemporary program solutions related to the employment of prisoners.

Terapeutyczny wymiar wolontariatu hospicyjnego osób pozbawionych wolności

Author(s): Robert Witkowski / Language(s): Polish Issue: 4/2018

The author of the publication has been working in the Prison Service for over 20 years. Among his academic interests and professional experiences, a special place is occupied by those connected with issue of hospice voluntary service of persons deprived of their liberty. The subject of the article is to present therapeutic dimension of process consisting of preparing and directing prisoners to help the terminally ill pass away in a dignified manner. Hospice, contact with terminally ill people has an indubitable therapeutic aspect and transforms thinking, behavior and allows to verify the hierarchy of personal values of prisoners. The hospice voluntary service is in itself a therapy, which is a powerful and transforma ve experience for the prisoners.

Handel ludźmi. Zapobieganie i ściganie, red. Zbigniew Lasocik, [Warszawa 2006, 692 s.]

Author(s): Mariusz Kraśniewski / Language(s): Polish Issue: 3/2007

REAGOVANJE NA NASILJE I KRIMINAL U POSTMODERNOM DRUŠTVU

Author(s): Nadežda Gudelj,Milanko Aladžić / Language(s): Bosnian,Croatian,Serbian Issue: 9/2024

Violence is expanding in all spheres, but with the development of society it also acquires new characteristics that indicate a disturbed system of values in postmodern society. In postmodern society, penal policy is oriented towards pragmatic goals of social control, which includes risk management with as few costs as possible. Violence and crime are phenomena that are most common in symbiosis. The Criminal Code has precisely defined guidelines and sanctions for all those who violate legal norms in society. However, sometimes these legal reactions to violence and crime in the opinion of the public are mild and do not have an adequate impact when it comes to the resocialization of criminals and convicted persons, which is often reflected in their inadequate reintegration into society and recidivism.

NASILJE U HRVATSKOM ZATVORSKOM SUSTAVU – ANALIZA SLUŽBENIH PODATAKA

Author(s): Martina Pleško / Language(s): Bosnian,Croatian,Serbian Issue: 9/2024

Violence is a significant public health problem. In the prison environment, it is seen as an unavoidable and ubiquitous phenomenon. Penal authorities are responsible for ensuring the safety of both prisoners and prison staff. Maintaining security is much more difficult when the number of prisoners increases. Prison overcrowding is one of the frequently studied correlates of violent behavior in penal systems. Violence results in a variety of negative consequences that are reflected in many aspects of prison conditions. In order to better understand the problem of violence in prisons, as well as its prevention and suppression, it is necessary to constantly monitor and adequately address it. One of the approaches to monitoring the various forms of violent behavior in the penal system is the monitoring of official indicators. Accordingly, the aim of this paper is to analyse the official indicators of certain forms of violent behavior in Croatian prisons (physical attacks by prisoners on prison staff and physical conflicts between prisoners) in the period from 2013 to 2022, and for the purpose of verifying part of the situational model of explaining violence in the prison system. The analysis of the official reports of the Ministry of Justice and Public Administration of the Republic of Croatia indicates a decrease in the number of prisoners in the period from 2013 to 2016, while their number increases after 2016 and, according to the last two available reports, exceeds the available accommodation capacity. The increase in the number of prisoners was not accompanied by a parallel increase in the number of judicial police officers. In the period observed, the rates of physical attacks by prisoners on prison staff were highest in 2013 and 2019 and lowest in 2015. The rates of physical conflicts between prisoners are relatively constant, with a slightly larger increase in 2020. In summary, although the problem of violence in Croatian prisons is not alarming according to official data, there has been a slight increase in these forms of violent behavior in prisons recent years (2021and 2022).

KOMPETENCIJSKI PROFIL PENOLOŠKOG ANDRAGOGA

Author(s): Jadranka Herceg / Language(s): Bosnian,Croatian,Serbian Issue: 9/2024

Education jobs in the prison system cannot be performed by personnel who do not have andragogic, criminological, psychological, pedagogical, sociological and didactic-methodical competences. Only those persons who have acquired the competence to plan, organize, implement and evaluate education in the prison system can perform this responsible function. Professional competence is a dynamic set of conceptual, procedural and factual knowledge, cognitive and practical skills, as well as beliefs and values, the application of which in the appropriate context enables effective action. The appropriate set of professional competencies constitutes the competency profile of a professional role. The purpose and goal of this paper is to prove the need to create a competence profile of a penological andragogue, which will serve as a basis for creating a program to improve his professional development (micro-qualification) and be a guide for improving the quality of the educational system in penal institutions.

MASOVNI MEDIJI U KONFLIKTNIM KRIZAMA – DEO REŠENJA ILI DEO PROBLEMA?

Author(s): Želimir Kešetović,Nedžad Korajlić / Language(s): Serbian Issue: 1/2024

Depending on the way they are used, the media can promote universal human values (love, truth, justice, understanding, peace), but they can also be the initiator or catalyst of social conflicts and conflicts. All this is conditioned, of course, by the ideology and interests of those who influence media policy. In this paper, we will try to show how the mainstream media in Serbia contributed to the spread of inter-ethnic hatred and intolerance on the eve of the breakup of the SFR Yugoslavia, thus preparing the ground for upcoming armed conflicts and the breakup of the country on the ideological and value level. Today, almost 30 years after the end of the wars, the dominant actors on the Serbian political scene are mostly the same as they were during the wars that followed the breakup of Yugoslavia. Therefore, the discourse and rhetoric of exclusivity, nationalism and resentment are significantly represented in the state controlled mediam again being a part of the problem, instead of part of the solution. On the other hand, during the genocide during the civil war in Rwanda in 1994, one of the key actors or catalysts of this genocide was the radio station Radio Télévision Libre des Mille Collines, controlled by ruling Hutus. Among the defendants at the International Criminal Tribunal for crimes in Rwanda were journalists from this media who were sentenced to several years in prison. After the end of the conflict, a thorough process of reconciliation, and forgiveness began, in which the mass media were also involved. Today, Rwanda is one of the most successful African countries according to numerous parameters, which proves the thesis that the media in conflict crises, depending on how they are managed, can be not only part of the problem, but also part of the solution.

ZLOSTAVLJANJE ILI ZANEMARIVANJE DJECE U KONTEKSTU ODNOSA ODGOVORNOSTI, POVJERENJA ILI MOĆI

Author(s): Irmelina Karić / Language(s): Bosnian Issue: 1/2024

Abuse of children, also known as bullying, is common. It is important to understand and reduce the risks of abuse for a child and to be familiar with the signs of abuse and neglect. Most cases reported to Child Protective Services involve neglect, followed by physical and sexual abuse. There is considerable overlap among children who are abused, and many suffer from a combination of physical abuse, sexual abuse, and/or neglect. Most child abuse occurs within the family. Risk factors include parental depression or other mental health problems, parental history of child abuse or neglect, parental substance abuse, and family violence. Child neglect and other forms of abuse are also more common in families living in poverty and among parents who are teenagers or who abuse drugs or alcohol.

The prevalence of gambling problems in prison populations: A systematic review and meta-analysis

Author(s): Elise Victoria Tørdal,Ståle Pallesen,Dominic Sagoe,Lise Øen Jones,Farha Mahjabeen / Language(s): English Issue: 1/2024

Introduction: The overall prevalence of gambling problems across prison populations is currently unknown. The objective of the present study was therefore to quantitatively synthetize prevalence estimates of gambling problems in prison populations using a random effects meta-analytic model and to investigate if the estimates were moderated by time frame, cut-off levels, and sample size. Methods: To be included the studies had to report original data on the prevalence of gambling problems in a prison sample and to be written in a European language, whereas data based on abstracts or qualitative reports were excluded. The search ended on December 1, 2023 and were conducted in Web of Science, PubMed, Cinahl, PsycINFO, Embase, Google Scholar, Grey Literature Report, and GreyNet. Risk of bias was assessed with a standardized 10-item measure for epidemiological studies. Results: A total of 26 studies comprising 9,491 participants were included. The vast majority of the participants were males. The most commonly used instrument for assessment of gambling problems was the South Oaks Gambling Screen. The pooled random-effects gambling problems prevalence estimate was 30.8% (95% CI 5 25.1–37.3). The meta-regression analysis showed that none of the three moderator variables (criteria, timeframe, sample size) were related to the gambling problems prevalence. Common limitations of the included studies entailed not being representative nationally or for the target population, lack of randomization, and low response rate. The meta-analysis was restricted to studies published in a European language. Conclusions: Overall, the studies show that 1 in 3 prisoners has gambling problems and suggests that more emphasis on relevant prevention and treatment is warranted for this population. The study was funded by the Norwegian Competence Center for Gambling and Gaming Research and pre-registered at PROSPERO (CRD42023390552).

Penalni populizam ‒ nastanak, razvoj i budućnost

Author(s): Milica Kovačević,Saša Atanasov / Language(s): Serbian Issue: 27/2024

During the last few decades, penal populism has been one of the continuously present criminal political trends globally. Propositions of penal populism could be briefly reduced to stricter punishment for offenders, allegedly in accordance with the attitudes and wishes of the wider public. The problems of penal populism concern its scientific and empirical lack of foundation, i.e. the lack of concrete argumentation when devising inventive solutions, as well as the lack of consultation with the professional public. Therefore, the authors tried to point out the basic assumptions and practical implications of penal populism through the analysis of the literature, with the aim of introducing the concept to the wider public and opening space for debate. By summarizing the experiences of comparative law, with a special focus on Serbia, the authors point out that despite the significant socio-economic differences, the positions of penal populism largely coincide in different parts of the world. Scientific methods of content analysis, normative-logical and comparative legal methods were applied. The authors conclude that penal populism will not just disappear, and that it should therefore be recognized and studied in order to develop future criminal policies in accordance with the dynamics and structure of criminality, but also with adequate consideration of public attitudes and opinions.

What does restorative justice promise?

Author(s): Máté Hollósvölgyi / Language(s): English Issue: 1/2025

In Hungary, restorative justice involves a wide range of professionals: probation officers, police, lawyers, judges, prosecutors, social workers, and teachers—alongside potential offenders and their communities. This approach raises key questions: How can so many stakeholders work together across disciplines towards a common goal? How can conflict be used to strengthen community bonds? Can justice be achieved by addressing and repairing harm? These questions guide the exploration of restorative justice as a modern element in criminal justice. This paper examines Hungary’s mediation system within the Probation Service, focusing on how mediation functions and its role in justice. Since January 1, 2007, mediation has been available nationwide, adding new responsibilities to probation officers’ work. We review the tasks of these officers in mediation, assess their effectiveness, and analyze how mediation supports reintegration in the justice system, aiming to repair harm and foster accountability among offenders within their communities.