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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 FIGHTER FOR SECURITY TO ISOLATE THE CLASS ENEMY’: THE PRISON GUARD AND POLITICAL PRISONERS IN 1944/45–1956

Author(s): Tadeusz Wolsza / Language(s): English Issue: 4 (en)/2020

The article provides readers with figures and information about the Prison Guard and Service in various detention facilities in post-war Poland until 1956. The author analyses several detailed topics, like preparation for the job, staff shortages in the various penal institutions as well as prison officers’ (quite often sadistic) attitudes towards political prisoners.

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KRIJUMČARENJE LJUDI U USLOVIMA PANDEMIJE

Author(s): Marjan Marjanović,Milan Milošević / Language(s): Serbian Issue: 2/2021

The paper will present the impact of the COVID-19 virus pandemic on people smuggling, which the author observes as a result of the interrelationship between the phenomenon of irregular migration and the smuggling of illegal migrants. The effects of harsher conditions for cross-border movement, as well as restrictive regimes for immigrants, refugees and asylum seekers, were also taken into account. The author pays special attention to the issue of the relationship between pandemic measures and criminal activities of route organizers for people smuggling and their associates. One of the key questions in the paper is whether the rigor of measures to curb the spread of the global COVID-19 virus proactively works to reduce the intensity of illegal migration, to decline the number of potential asylum seekers and to descend the social danger of criminal activities related to smuggling of human beings. The author places the pandemic effect of feeling insecurity as a generator of migratory aspirations, which are exposed to international networks of organized crime, causing the victimization of migrants and an increased frequency of violent criminal activities. As accompanying factors of human smuggling under pandemic conditions, the author especially considers the importance of missing persons on migrant routes and the aggressive criminalization of the basic human need to seek better living and working conditions. Pointing out the connection between global pandemic restrictions on social life, the ways in which people are smuggled and the activities of organized criminal groups to establish, maintain and expand the flow of illegal migration, is the backbone of this paper.

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Penal Transportation from Britain to Australia, 1788 to 1868: Four Phases of Penal Administration and Experimentation

Author(s): Tony Murphy / Language(s): English Issue: 2/2021

This paper presents the history of penal transportation from Britain to Australia in relation to four distinct ‘phases’ of operation, each signifying a different context, and a series of different features of how convictism operated in Australia – the penological thinking, the nature of the colonies, and the conditions and systems of discipline that convicts found themselves within. The first decades of convictism in New South Wales (and Tasmania) have been described in some ways as a relatively benign system, founded upon an early system of convict assignment, and a series of legal, property and wage rights for convicts. That gave way to a tougher form of convictism, as the early assignment system transformed into a tougher form, alongside the rescinding of various convict rights, and a diminution of their status. That was then replaced by a system of probation, in the face of criticism of the assignment system. Probation was in turn halted as Britain looked to end transportation. Yet another chapter in the story of transportation from Britain to Australia emerged as settlers petitioned for the use of convict labour in Western Australia. That itself was soon ended as transportation gave way to the penitentiary as the main mode of punishment. The purpose of exploring this history is to signal the great complexity within how penal transportation operated in practice, and to set up future work via a natural experiments approach, which will consider such differences in more detail, and crucially, the implications of those differences for the colonies and convict outcomes.

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Francuzi w hierarchii więźniarskiej Auschwitz‑Birkenau. GIS w badaniach historycznych – wprowadzenie do badań

Author(s): Paulina Chrząszcz / Language(s): Polish Issue: 16/2020

The aim of this article is to identify a research problem concerning the French prisoners of Auschwitz-Birkenau, and to discuss preliminary results of a PhD project conducted at the Institute of History, Polish Academy of Sciences. As planned, the implementation of the project will involve the use of methods offered by widely understood information technologies, such as the Geographic Information System (GIS) and the structural language of SQL queries. Drawing on the actor-network theory, the author focuses her considerations on the French deportees, who were one of the more numerous groups of Auschwitz-Birkenau prisoners. The article outlines a potential research field and presents preliminary results of a study on the Auschwitz II-Birkenau women’s camp. Thanks to the use of information technologies, such as GIS tools, it was possible to map the space of sectors BIa and BIb of Auschwitz II-Birkenau with its particular parts, including barracks, baths, kitchens, latrines, etc. Using raster georeferencing, an image of the camp as it is today was superimposed on an aerial photograph of the sub-camp taken by the Allies in 1944.

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“It’s Pure Chaos Every Day”: COVID-19 and the work of Canadian federal institutional parole officers

Author(s): Mark Norman,Rosemary Ricciardelli / Language(s): English Issue: 1/2022

As the Canadian federal correctional system grappled with the onset of the COVID-19 pandemic, institutional parole officers, who play a central role in prisoners’ case management team, remained essential service providers. Working in uncertain circumstances, these correctional workers navigated new and rapidly changing protocols and risks, while attempting to continue to provide support to those on their caseloads. Based on semi-structured interviews with 96 institutional parole officers, conducted after Canada’s “first wave” of COVID-19 infections, we analyze three ways in which their work was impacted by the pandemic: shifting workloads, routines, and responsibilities; increased workloads due to decarceration (i.e., efforts to reduce the number of incarcerated individuals); and the navigation of new forms of risk and uncertainty. This study advances the understanding of stress and risk in probation and parole work and presents recommendations to ameliorate the occupational stresses experienced by correctional workers during and beyond COVID-19.

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Two sides of the working alliance: A qualitative study from the perspective of both probationers and probation officers

Author(s): Annelies Sturm,Vivienne de Vogel,Marcus JH Huibers / Language(s): English Issue: 1/2022

The probationer–probation officer working alliance plays an important role in the outcome of probation supervision. This study explored the development of the working alliance between probationers and probation officers in the Netherlands, from the perspective of both probationers and probation officers. More specifically, we explored the significance of different aspects of the working alliance at the start of probation supervision and after a three-month period, as well as the role played by critical incidents during the supervisory process and their subsequent effect on the working alliance. Overall, the study showed that clarity over goals and restrictions was initially the most salient issue for both parties, and that after a three-month period the working alliance evolved into a trusting relationship. Several incidents were identified, probationers identified more positive moments and less negative moments than their PO counterparts. If these types of incidents are managed accordingly by the probation officer, then they can ultimately serve to strengthen the relationship.

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Rusyfikacja systemu penitencjarnego Królestwa Polskiego po powstaniu styczniowym 1863 r.

Author(s): Jerzy Czołgoszewski / Language(s): Polish Issue: 1/2021

The suppression of the January Uprising in 1863 increased the repression of the tsarist invader against the society in the Kingdom of Poland. The intensification of Russification activities, apart from all areas of social life, also included the penitentiary system. The history of this system after the loss of the autonomy of the Kingdom, which came to be called the Vistula Land, is so far known only fragmentarily. The basic barrier to researching this period are the preserved archival sources, which were largely produced in Russian. For the purposes of this article, an analysis of the most important elements constituting the basis of the penitentiary system at that time was conducted, i.e. penitentiary legislation, organization of the prison system, basic means of penitentiary interaction on prisoners and prison staff.

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Disocializace vězňů a východiska speciálních pedagogů a vězeňských kaplanů

Author(s): René Strouhal / Language(s): Czech Issue: 2/2022

The service of a special pedagogue and a prison chaplain has its justification with regard to the human needs of prisoners as persons with special educational needs and pastoral care facilities. The socialization of prisoners in the macro-prison system can degenerate into deviant socialization, which, with other factors, can negatively affect both professions. The final domestic and foreign research offers solutions to this type of high workload.

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Narratives of Czechoslovak Prison Staff from the Communist Era

Author(s): Kristýna Bušková,Klára Pinerová,Michal Louč / Language(s): English Issue: 2/2021

The Czechoslovak prison system is closely bound up with the political situation, and period before the year 1989 was no exception. Its transformation reflects changes in society and politics. The role of the prison system, attitudes to prisoners, as well as modernising trends are all a reflection of the dominant master narratives of that time. This study examines how university-educated employees who were in expert positions within the prison system (psychologists, doctors, a librarian, educators, top management) between 1965 and 1992 adapted to the prison system in place or tried to transform it at the time, and how they reflect on their engagement with it at present. By exploring these questions, we are ultimately asking how their experience as prison staff in communist prisons influenced their professional (narrative) identity and course of life, and how dominant social and political narratives under the communist rule impacted their individual lives. The study adopts a qualitative, idiographic and social constructivist narrative engagement approach to capture the interplay between the prison system and individuals within it. It finds that former employees constructed three different identity configurations reflecting their engagement with the prison system. The consequences of these configurations for prison employees, prison system and society in general are discussed.

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Přístup dospělých osob pravomocně odsouzených k trestu odnětí svobody k ICT vzdělávání v českých věznicích a jeho využití po propuštění na svobodu s dopadem na veřejné finance

Author(s): Dagmar Krausová / Language(s): Czech Issue: 1/2022

The main goal of this paper is the topic of education of adults legally sentenced to unconditional imprisonment in the field of ICT and its financial implications for public finances, especially on employment policy and saving opportunities in this area. It is based on data obtained from a quantitative survey conducted in the second half of 2019 in twelve Czech prisons for unconditional imprisonment, legally convicted persons and in the first half of 2021 in ten Czech prisons for imprisonment, legally convicted. The research sample includes a total of 999 people, of which 748 are men and 215 are women. Publicly available data from Eurostat, the Prison Service of the Czech Republic, the Ministry of Labor and Social Affairs of the Czech Republic (MLSA CR) and the Czech Statistical Office are also used. The Gretl program was used for calculations and statistical modeling. The results can be used in the public sphere to prepare educational programs in prisons. The Ministry of Labor and Social Affairs of the Czech Republic can use them within the framework of employment policy, the Ministroy of Education, Youth and Sports of the Czech Republic through educational institutions used to educate prisoners. The results can also be used in the commercial sector, in the case of the supply of ICT, hardware and software to prisons.

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KRIVIČNOPRAVNI I VIKTIMOLOŠKI ASPEKT MALOLJETNIČKE DELINKVENCIJE – IZAZOVI, DILEME

Author(s): Sadmir Karović,Marina M. Simović / Language(s): Bosnian,Croatian,Serbian Issue: 7/2022

Juvenile delinquency is not a novelty in society, but a legal and social phenomenon that has been present in different periods of human history in different phenomenological forms of manifestation. Even today, there are different understandings in the scientific and professional public regarding the definition of the content and concept of delinquency. The authors paid special attention to the etiology, i.e. the area of causality of this phenomenon in the context of the correct and adequate creation of adequate and proportionately necessary legal solutions and answers of preventive nature. Timely detection and prevention of various forms of this legal and social reality, by its nature, requires a multidisciplinary approach to studying and researching of this phenomenon. In addition, the paper incorporates sociopath logical phenomena that are inextricably linked with various forms of juvenile delinquency. Consequently, the legislator has shown a special sensitivity towards this specific age category, which is directly operationalized through the prism of the application of predictive or protective model and treatment of specialized juvenile justice authorities.

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E-learning for Prisoners. Experiences from Sweden, Norway, Poland, Finland and Germany

Author(s): Daria Becker‐Pestka / Language(s): English Issue: 1/2022

In the following article a discussion on the use of e-learning in education of convicts is presented. The topic discussed by the Author is connected with the fact hat the use of new media in education at present has become a common solution applied also to educate inmates. E-learning is a current form of education and vocational training. It provides improvement of contemporary culture in education applied at penitentiary institutions to educate convicts. E-learning helps and lets prisoners obtain education and to update education differences. As a method of education, it requires users’ autonomy and self-discipline while working with the use of digital platforms. Education must respond to different needs expressed by the evolving knowledge society. It mainly concerns education of people at risk of social exclusion, e.g. convicts. It is related to the need of dealing with and solving problems that pertain to such issues as increasing possibilities of the media in the area of generating, processing and creating information. The aim of the article is also to describe the use of e-learning in European countries such as Sweden, Norway, Poland, Finland and Germany. These countries were selected for the analysis because they appreciate modern technologies in penitentiary work. They change and develop the solutions. The experience in the use of e-learning in penitentiary work with inmates in Sweden, Norway, Poland, Finland and Germany is different. The aim of the article is also to show how modern technology can be applied in working with convicts. E-learning becomes a tool used for preventing exclusion. Development of various technologies makes it possible to support convicts and prison staff members in the process involving correctional activities. Technologies offer a chance to return or to start work, to continue education, to meet the needs of one’s family, to have an active life in accordance with the social principles after leaving prison. E-learning provides people who have been isolated in prison with a real chance to acquire qualifications. Hence, social issues, family interests, individual interests, business and modern technological solutions are combined in the same field. Coherent and efficient activities come as a challenge to those who perform them and to the society; however, these activities support the process of social rehabilitation.

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Kolizja aksjologiczna prawa karnego z prawem upadłościowym jako skutek zmiany tytułu rozdziału XXXVI Kodeksu karnego

Author(s): Dariusz Grabarek / Language(s): Polish Issue: 1/2022

The specific legal benefit of the respective provisions of the Penal Code indicated in the title of the special chapter of the Code implies the type of legal benefits contained therein. Since May 25, 2019, the legislator, by amending the title of Chapter XXXVI of this Code as following: ‘Crimes against economic turnover and property interests in civil law transactions’ has extended the generic object of protection, as a result of which it is no longer relevant whether the respective conduct takes place in economic turnover (as previously) or in civil law turnover, in which non-professionals will appear on both sides. The Supreme Court noted that this would cause an inevitable revolution in the interpretation of the provisions of this chapter. Among other things, this applies to the crimes specified in Art. 301 of the Penal Code, sanctioning the debtor’s bankruptcy or insolvency, therefore penalisation, as a subject of a crime, will also apply to the “consumer”. At the same time, the legislator in the insolvency law, and more specifically in the Bankruptcy Law, opened access to debt relief also to those debtors “consumers” who led to their insolvency or significantly increased its degree intentionally or through gross negligence. There is a possibility of reduction of liabilities even if such a debtor acted deliberately. The author showed that this resulted in a discrepancy between criminal law and bankruptcy law, as well as an axiological collision in the legal system, which occurs when the legislator values a given value higher in one norm than in another, and in the other one does the opposite. In the author’s opinion, some norms will not be derogated by the legislator, and the conflict of laws rules will not apply in this case. It will be necessary to interpret penal provisions based on the paradigm of the presumption of the rationality of the legislator and the subsidiarity of criminal law.

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Meclis-i Vâlâ Defterlerine Göre Ceza Kanunnâmesi’nin Uygulanması (1859-1867) Üsküp Sancağı Örneğinde

Author(s): Arzu Taşcan / Language(s): Turkish Issue: 02/2022

In the Tanzimat Firman, signs of new regulations in the field of law were given. The first movement in this area started with the preparation of the Criminal Code in 1840. The deficiencies of this first law of the Tanzimat period were tried to be complemented by the penal codes that were prepared and put into effect in 1851 and 1858. The Tanzimat period is also a period in which important changes occurred in the central and provincial organizations. Muhassıl councils had been established in the provinces within the scope of reforms in the financial field. After the Muhassıl system is terminated, these councils continued their existence as a state, sanjak and county councils. It was been also given to this council the power to hear criminal cases, that is, to enforce the penal code. The cases were sent to Majlis-i Vala, which was also the supreme court of appeal and was authorized as the final decision authority. There are many records regarding these cases in the Majlis-i Vala Notebooks. In this study, the crimes and penalties that occurred in the Skopje Sanjak and reflected in the Majlis-i Vala Notebooks will be determined, thus, concrete pieces of evidence that the Penal Code of 1858 was implemented will be put forward.

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RAT PROTIV TERORIZMA – VALORIZACIJA NJEGOVE UČINKOVITOSTI NAKON DVIJE DECENIJE

Author(s): Edita Hasković / Language(s): Bosnian Issue: 2/2022

The paper primarily examines the key reasons why the terrorist attacks on American targets at the beginning of 21st century are considered an epochal event, in order to proceed to the analysis the issue of the epochal nature of the reponse to the aforementioned terrorist attacks, chosen by United States, with the indispensable support of international community. Altought the respective terrorist attacks indicated the need to establish a new proactive security philosophy, which implied with a doctrinal turn and organizational-functional redesign of the security systems of many Western democracies, the title of the paper obliged us to put in the focus of it the war on terrorism, that was declared immediately after September 11, and which, considering the nature of this phenomenon, implied by suspendig the understanding of the war in the traditional sense and introducing in security agenda his revised understanding that is not based on temporal and spatial determinants. Starting from the fact that two decades have passed since the official declaration of the war on terrorism, as well as that were many scientific discussions about whether the decision of the United States and its coalition partners to face with an unconventional threat like terrorism with armed force was appropriate, anticipating that the war on terrorism will have extremely counterproductive consequences in the form of its growth and internationalization, we tried to determine the basis of such forecasts relying on specific indicators presented in this paper.

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Framing “Resistance” in Moroccan Female Prison Narratives: Fatna El-Bouih’sTalk of Darkness as a Case Study

Author(s): ABDELGHAFOUR BENLAHBIB / Language(s): English Issue: 2/2022

Through the case study of Fatna El-Bouih'sTalk of Darkness, this paper frames the concept of'resistance' in Moroccan female prison narratives. The study contributes to a lively debate about (post)colonial Morocco's history. The examination of Talk of Darkness shows the politics of the concept of resistance and sheds light on those small acts and rebellions that upset power relations while slipping under the radar. The theory of resistance developed by Scott, Vinthagen, and Johansson is used in this thesis. Resistance is demonstrated theoretically to be a very confusing topic that sparks intense disagreement among resistance studies researchers. This paper concludes by suggesting that Talk of Darkness is a narrative of resistance that exemplifies the intriguing resistance of Moroccan women in (post)colonial Morocco.

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MĂSURILE EDUCATIVE ÎN CONTEXTUL EXECUTĂRII PEDEPSEI ÎNCHISORII - CADRUL LEGAL AL REPUBLICII MOLDOVA

Author(s): Sergiu Cernomoret,Andrei Nastas / Language(s): Romanian Issue: 01/2023

Imprisonment, as a criminal punishment, involves certain shortcomings and unavoidable restrictions to the situation of isolation imposed by the normal living environment and placement, for a certain period, in a penitentiary. The limitation and restriction of certain rights may also concern the right to education, in terms of its volume and quality. At the institutional level, the application of the legal framework undergoes adoption depending on the perception of the subjects empowered to apply the law and the real possibilities of exact application of the laws. The context in which the National Penitentiary Authority, as the central public authority responsible for the execution of custodial penal sentences, in its Orders and Provisions indicates the need to carry out certain measures, including those of an educational nature, taking into account the real possibilities of the Institutions Penitentiaries from the Republic of Moldova. We propose for analysis the legislative framework in the field of execution of punishment regarding educational measures, related to some factual situations in the Penitentiary Institutions of the Republic of Moldova. The peculiarities of the educational measures in the penitentiary environment are obvious, their relief and differentiation from those of educational institutions highlight the level of resocialization of the prisoners.

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STATE REPRESSION AGAINST THE JATAKS OF THE HAJDUKS IN THE FIRST HALF OF THE 19TH CENTURY

Author(s): Nikola Pantelić / Language(s): English,Serbian Issue: 1-2/2022

This paper focuses on legal and illegal measures that were applied by the Serbian state against jataks and hajduks. The essence of the state’s struggle against these social categories came down to cruelty and unwillingness to compromise. Due to such a setup, both categories (thugs and thieves) were largely equalized, which was unfair and excessive. After regulating the legal position of a hajduk, many legal provisions had an addendum that stipulated that they also apply to jataks. An additional problem of the state’s cruelty was reflected in the fact that there were at least two types of jataks. Namely, in addition to real jataks who were calculated accomplices of hajduk and who had their own benefit from hajduk crimes, there was also a certain number of “unwanted jataks”. The role of the state was particularly important in this period. While, on the one hand, it demanded the full cooperation of the population in dealing with the bandits, on the other hand, it did not provide citizens with any protection or help in case of bandit’s revenge. The state demonstrated its cruelty by not trying to separate the real from the unwanted jataks, and by not sanctioning the latter.

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