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Judėjimo negalią turinčių paauglių socializacijos patirtys reabilitacinėje įstaigoje

Author(s): Arvydas Virgilijus Matulionis,Jurgita Subačiūtė / Language(s): Lithuanian Issue: 2/2015

This article analyzes the socialization experience of 12–18 year teenagers with movement disabilities at a treatment and rehabilitation centre and is based on the capital theory by sociologist P. Bourdieu and the concepts of field and habitus. The research has shown that the teens with impaired movement who came to a rehabilitation or medical institution rather painfully feel the temporary separation from parents and “forced” exclusion from their usual social life. An economic capital difference between teenagers living in families and habitants of institutional care is striking. The latter try to hide the fact that they are children from a caring home. Romantic relationships at a treatment and rehabilitation facility plays a very important role to the reconstruction of cracked habitus movement of a disabled teenager and the formation of his/her self confidence. The first doctor and patient’s meeting is the decisive factor in further communication of these two social agents.

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КРИМИНОЛОГИЧЕСКИЙ АНАЛИЗ ДЕЯТЕЛЬНОСТИ ОРГАНИЗОВАННЫХ ПРЕСТУПНЫХ ФОРМИРОВАНИЙ ТАТАРСТАНА, ВЫЯВЛЕННЫХ В 1990–2012 ГГ.

Author(s): Ildus Saidovich Nafikov / Language(s): Russian Issue: 4/2013

In this paper, we present a criminological analysis of the activity of the organized criminal groups identified in Tatarstan in the period from 1990 to 2012. We use the material from our own practical experience in organizing the work of investigation and operational groups on criminal associations and coordinating the organized crime control activities carried out by law enforcement agencies. We make conclusions on the main criminological regularities concerning organized crime and the measures to counteract it.

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КАТЕГОРИИ ПРЕСТУПЛЕНИЙ: ВОПРОСЫ ЗАКОНОДАТЕЛЬНОЙ РЕГЛАМЕНТАЦИИ И ДИФФЕРЕНЦИАЦИИ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ

Author(s): Fedor Romanovich Sundurov / Language(s): Russian Issue: 4/2013

The article reasons the significance of classification of crimes for differentiation of criminal responsibility and punishment. It reveals contradictions in the approaches of law makers, on the one hand, and a number of criminal law institutions, on the other hand, to the regulation of categories of crimes, as well as offers appropriate ways for their elimination.

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О КЛАССИФИКАЦИИ ПРИЗНАКОВ, ХАРАКТЕРИЗУЮЩИХ ЛИЧНОСТЬ ВИНОВНОГО В ПРЕСТУПЛЕНИИ И УЧИТЫВАЕМЫХ СУДОМ ПРИ ПРИМЕНЕНИИ МЕР УГОЛОВНО-ПРАВОВОГО ХАРАКТЕРА

Author(s): Svetlana Vladimirovna Sundurova / Language(s): Russian Issue: 4/2013

The article classifies a perpetrator’s personality traits having essential significance in criminal law. It defines the comparative degree of the influence of different groups of personality traits on the degree of social danger of a perpetrator. Consideration of these traits leads to the individualization of punishment and other measures by the court under criminal law.

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HULIGANSTVO KRIMINAL I KAZNENA POLITIKA

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

Evidenced by frequent media reports about the riots and the violence that accompanies sporting events in the country. Mass beats on and off the court, resulting in tens of casualties "fans" led lads, have become commonplace in the region. However, this is just a "side effect" of other much deeper issues that affect society, and one of them is hooliganism. Ruined social norms and values as well as the deviant culture among young people, the main cause of the problem arising from the relationship between hooligans, politics and crime.

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NASILJE U PORODICI U PRAKSI CENTRA JAVNE BEZBJEDNOSTI BANJA LUKA

Author(s): Goran Guska,Goran Blagojević / Language(s): Serbian Issue: 1/2016

Domestic violence receives alarming proportions around the world and is one of the most dominant issues jeopardizing human rights. Victims of violence are most vulnerable categories of society: children, women and the elderly which constitute an obstacle to the normal development of the community. Although a portion of the authors there is the view that the problem of domestic violence should be resolved within the family without reaction of society, our work is conceived precisely to the social reaction to this phenomenon. We tried to answer which are the reactions that the community can take to prevent this phenomenon to the extent possible. Thus, we first examined the general issues that are characteristic for occurrence of domestic violence. We performed an analysis of existing regulations in the Republic of Sprska governing this area. In this regard, we have conducted research of practical application of such legislation in the area of Banja Luka. We wanted to find out the extent to which violence is present in this area and which are the most common forms of violence. As a source we used the annual report the Public Security Center Banja Luka, in the period between 2009 and 2013, during which we had some questions related to the characteristics of the perpetrators and victims of violence as well as the causes of violence got answered. These responses have helped us in reaching conclusions that could be useful for better understanding and responding to the problem of domestic violence.

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SADISTIČKI SILOVATELJI – PROFIL LIČNOSTI, MODUS OPERANDI, FARMAKOLOŠKI TRETMAN, RECIDIV

Author(s): Tomica Starčević,Jambrek Petrak Ines / Language(s): Croatian Issue: 2/2015

The sadistic rapist is the most dangerous of all rapists, a sexual predator who's crime's are based on fantasy. These types of rapists get off sexually by inflicting pain on others. The more his victim cries or begs or pleads for their lives and the more pain they go through, the more aroused he gets. His attacks are the stages for his sexual fantasies. In his attacks, anger, power, control, domination, and exploitation all merge into a hideous being. His victim is nothing to him but a puppet in his own sadistic play. During the assualt there is much physical and mental torture. Usually the torture is directed at sexually significant parts of the body. His weapon will most likely be a knife because of the fear and anguish it can cause. This is the type of rape that often ends in murder. Because the whole assualt is based on a pre-visualized fantasy, that fantasy probably ends in the death of the victim. But even after death the rapist may still continue sexual activity with his victim. There is most likely no chance to escape unharmed from a sadistic rapist since his life is based on the suffering of others, particulary his victims. The sadistic rapist is usually a well educated, intelligent, white male, aged 25-37. He will have a dominant personality and collect pornography, most likely bondage and sadomosochistic. Of all the rapists, he is the rarest, but most dangerous and most difficult to aprehend.

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ПРЕДСТАВЛЕНИЯ О СПРАВЕДЛИВОСТИ НАКАЗАНИЯ В ПОДРОСТКОВОМ И ЮНОШЕСКОМ ВОЗРАСТЕ

Author(s): Bulat Salyamovich Alishev,Olga Aleksandrovna Anikeenok,Aigyl Rimovna Gallyamova / Language(s): Russian Issue: 4/2015

The paper analyzes the principles of fair punishment, on which younger teenagers, older teenagers, and adolescents rely in different types of situations: a) in the situations of venial misconducts and major offenses; b) in the situations when the offending and injured parties differ in their closeness to the respondent. The obtained data demonstrate that: 1) the factor of offence gravity has an equal influence on the choice of principles of fair punishment in all age groups; 2) the factor of “our – another” influences more strongly the choice of principles of fair punishment in the older age groups.

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Neoliberal Penal Policy and Prison Privatization

Author(s): Olivera Pavićević,Ljeposava Ilijić,Milena Milićević / Language(s): English Issue: 22/2023

The paper analyzes the relationship between neoliberal penalty transformation and prison privatization as part of neoliberal market reform. The neoliberal political and economic project characterized by deregulation, individualization, privatization, and commodification has introduced competition, entrepreneurship, and economic efficiency in areas that previously belonged exclusively to the public sector. The alleged need for greater efficiency has led to an increase in private prisons, and the results of this transformation have shown that it is more about achieving economic efficiency at the expense of quality, competencies, and outcomes of services provided in this sector. In this paper, the starting assumption is that the increase in the number of private prisons does not imply the withdrawal of the state concerning the market. In contrast, it raises the question of the regulatory role of the neoliberal state that enables the market of new fields for profit. As a consequence of the tightening of penal policy, mass incarceration is a mechanism for resolving social conflicts caused by the transformation of social policy. Therefore, private prisons are aimed at making a profit by reflecting the spread of neoliberal rationality throughout society. Withdrawal of assistance and support from the social sector and transfer of exclusive responsibility from the social to the individual responsibility of prisoners as rational neoliberal subjects lead to a reduction of rehabilitation goals. In the context of prison privatization, this transformation leads to turning prisoners into a means of earning or cheap labor.

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Accessibility of Restorative Justice: Attitudes as Barriers to Greater Referrals

Author(s): Malini Laxminarayan,Annemieke Wolthuis / Language(s): English Issue: 4/2015

Many studies assessing the benefits of restorative justice have emphasized how such procedures can lead to greater satisfaction, empowerment for the victim, and less re-offending by the offender. Despite these findings, restorative justice procedures are not reaching their full potential due to barriers in accessibility. One factor at the core of inaccessibility is the lack of a restorative culture, and instead the punitive attitudes of legal professionals which dominate criminal justice. As a result, many legal professionals fail to refer cases to restorative justice procedures, despite their ability to do so. This article presents empirical findings to illustrate how legal culture may be a reason that insufficient numbers of victims and offenders are being referred to restorative justice procedures. Information is provided based on qualitative data from referral bodies, such as the police, prosecutors and victim support, in addition to restorative justice practitioners. Practical implications are also discussed, focusing on how better cooperation and awareness can partly deal with the issue of a dominant punitive legal culture.

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ŠKOLA KAO PREVENTIVNI FAKTOR MALOLJETNIČKE DELINKVENCIJE - MOGUĆNOSTI I SAVREMENI IZAZOVI

Author(s): Sadmir Karović,Vladimir M. Simović / Language(s): Bosnian,Croatian,Serbian Issue: 8/2023

The tendency to humanize modern criminal law came to the fore especially during the creation of legal solutions of a material, procedural and enforceable nature towards juveniles, in order for the legislator to express a special sensibility and protective attitude towards this specific age category. The specific criminal legal position, as well as the overall treatment of juveniles, must be viewed through the prism of their active and passive role in certain social processes. In this paper, the attention is focused on the preventive role and significance of the school in relation to juvenile delinquency as a complex social phenomenon that, with reason, deserves special attention from the scientific and professional, but also from the public. In the center of interest are juveniles as a specific age category, appreciating their special personal characteristics, as well as their specific criminal legal position. Appreciating that juvenile delinquency is a complex social problem, the expediency and justification of a multidisciplinary approach to study is recognized, in order to take into account and look at all the aspects of this phenomenon and find adequate solutions, i.e. to answers crucial etiological, phenomenological and preventive questions. In this context, the school, as an extremely important preventive factor of juvenile delinquency, deserves a central place when initiating and creating preventive solutions with the intention of proper, expedient and efficient use of real preventive possibilities and capacities. It is practically impossible to observe the etiological - phenomenological dimension of juvenile delinquency, while ignoring the influence of the school on the proper development and education of juveniles.

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OBRAZOVANJE I RESOCIJALIZACIJA OSUĐENIH LICA

Author(s): Nebojša Macanović / Language(s): Bosnian,Croatian,Serbian Issue: 8/2023

Education is one of the most important factors in the resocialization of convicted persons and an integral part of institutional re-educational treatment. However, the low level of education of convicted persons, their lack of interest in completing their education or retraining make resocialization difficult. Education, as one of the important segments of re-educational treatment, is neglected in most penal and correctional institutions. The reason for this situation is also a reflection of the situation in society and the crisis of the value system. In this paper, we will present the structure of the level of education of convicted persons in penal and correctional institutions in the Republic of Srpska, and show how informal learning during the serving of a prison sentence can influence the educational process to be improved within the framework of re-educational treatment and effectively affect the entire process of their resocialization.

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SUDSKA INDIVIDUALIZACIJA KRIVIČNE SANKCIJE – UPUĆIVANJE U ODGOJNI CENTAR PRI NJENOM IZVRŠENJU, STUDIJA SLUČAJA

Author(s): Vildana Pleh,Ismira Hadžić / Language(s): Bosnian,Croatian Issue: 8/2023

Observing the history of the development of juvenile delinquency, it is evident that it occurs in all countries regardless of social arrangements. The difference, however, exists in a number of factors that determine the fight against juvenile delinquency, one of the more significant of which is the influence of individual subjects of juvenile justice on the selection, duration and process of execution of a reaction, measure or sanction against a juvenile perpetrator of a criminal act. The court as a special authority has a very important role in the application and execution of criminal sanctions, especially criminal sanctions of institutional treatment. With its decisions, it changes the "fate" and the course of execution of the imposed sanctions, and thus the juvenile itself. In this paper, the authors deal with the role of the court in the execution of sanctions for institutional treatment, especially referring to the meritorious role of the court in the execution of a criminal sanction - referral to an educational center. The implementation of this educational measure, the rights and duties of subjects in that process, and the role of juvenile judges in the individualization of educational measures for minors, judicial individualization, will be shown through concrete examples, while analyzing a case study from the practice of the KJU "Educational Center of Sarajevo Canton". It should be emphasized that in the case of judicial individualization, the purpose of sanctioning is the resocialization of minors, which implies a multidisciplinary approach and the adequate application of legal, pedagogical, psychological and social approaches in working with juvenile offenders.

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PRAVO NA ZDRAVLJE I OBRAZOVANJE U ZATVORU

Author(s): Tamara Marić / Language(s): Bosnian,Croatian,Serbian Issue: 8/2023

Staying in a prison environment represents a specific experience for the majority of legally convicted persons. Although the purpose of punishment is reflected in the achievement of the goals of special and general prevention, it should be borne in mind that adaptation to special living conditions such as restriction of freedom of movement and management of established life habits represent a complex new situation that affects the general and mental health of prisoners. Does prison affect prisoners' awareness of healthy lifestyle habits and values? How does prison affect a prisoner's ability to change their behavior? What rights do prisoners have in prison? Do they come out as better or worse persons? Do prison sentences affect the health of the family and does the rehabilitation process for prisoners succeed every time? These are all questions that will be addressed within the topic of this paper.

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PRAVA MALOLJETNIH PRESTUPNIKA KROZ PRIZMU RESOCIJALIZACIJE

Author(s): Ognjen Sredojević / Language(s): Bosnian,Croatian,Serbian Issue: 8/2023

Juvenile delinquency, as a negative social phenomenon, means a form of criminal behavior by minors. This form of juvenile behavior is a social problem in every country. Special attention is paid to juvenile delinquency, by all European Union countries, including Bosnia and Herzegovina, which is still in the transition period. Contemporary literature defines juvenile delinquency as an impermissible phenomenon, i.e. from maladjusted to incriminated behavior. One of the understandings of such maladaptive behavior also refers to behaviors that are contrary to the usual and prescribed forms of behavior in society. Juvenile delinquency, as a form of socially unacceptable behavior, is a current socially negative phenomenon, which should certainly impose a need in the future for even greater involvement of the social community, and in order to act through state institutions to resolve the increasingly frequent cases of juvenile delinquency in Bosnia and Herzegovina. The criminal law position of juvenile offenders, both in modern criminal legislation and in the legislation of Bosnia and Herzegovina, differs from the criminal law position of adult offenders. In terms of juvenile delinquency in Bosnia and Herzegovina, in the previous period attention to this issue was also contributed by changes in the criminal legislation of the entities of Republika Srpska, the Federation of BiH and Brĉko District, which treat the rights, position, resocialization and rehabilitation of juvenile offenders, in the sense of setting aside juvenile legislation from general criminal law provisions to special legislation on minors. This legislation is reflected in the new Lawon Juveniles, as lex special is, but which was still absent with changes at the state level. This change provided a normative-legal framework for the adequate treatment of the problem of juvenile delinquency. Also, within the framework of the general purpose of criminal sanctions against juvenile offenders, it is especially determined that the purpose of criminal sanctions is to influence the strengthening of personal responsibility, education and proper development of minors, all with the aim of resocialization, rehabilitation and his reintegration into the social community.

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GROOMING JAKO JEDNO Z NAJPOWAŻNIEJSZYCH ZAGROŻEŃ W CYBERPRZESTRZENI

Author(s): Gabriela Babula / Language(s): Polish Issue: 1/2023

The article discusses the problem of grooming as one of the greatest threats to the constantly developing ICT technologies. The motives and methods of action of potential perpetrators of this crime were presented. The consideration of this phenomenon began with a legal and dogmatic analysis, starting from the global approach, through local international law, and ending with legal regulations and the manner of its penalization in Poland. Leaving aside the legal interpretation, the socially undesirable behavior associated with it has been placed on the grounds of social security, and more precisely among social pathologies, of which grooming undoubtedly seems to be a manifestation. The available prevention of cyber threats was also described, with grooming at the front, and the effectiveness of the preventive program treated on a systemic basis was shown on the example of Malopolska Region.

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GLOSA DO WYROKU TRYBUNAŁU KONSTYTUCYJNEGO Z DNIA 20 CZERWCA 2017 R. SYGN. AKT P 124/15 (DZ. U. POZ. 1214) - KLAUZULA DEROGACYJNA

Author(s): Edyta Tkaczyk / Language(s): Polish Issue: 2/2021

The gloss has been dedicated to the judgment of the Constitutional Tribunal dated 20 June 2017 fi le no. P/124/15 (Journal of Laws, item 1214). The basis for the judgment was the factual circumstances which included the first prosecution (Art. 271 § 1 of the act dated 6 June 1997 – penal code) and road transport law (art. 92a para. 1 of the road transport law). The doubts of the inquiring court arose from admissibility of use, in relation to the same natural person for the same deed being the issuance of the document which certifies an untruth, of the criminal liability for the penal code crime and administrative responsibility (sanction) in the form of the punishment pursuant to the road transport law. The similarity of penal code norms and road transport law is not a logical principle, it requires a basis in the law.

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Dokonywanie samouszkodzeń przez osadzonych. Wybrane problemy

Author(s): Monika Kotowska / Language(s): Polish Issue: 1/2023

The auto-aggressive behavior of prisoners is a challenge for prison administration, warders and health service, responsible for safety in the penitentiary. Self-aggressive acts of prisoners have been monitored in Polish prisons and detention centers not only recently, but for years. The number of auto-aggressive acts does not increase. The article discusses the problems of health service in prisons in relation to prisoner’s self-injury.

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Różnice między Kodeksem karnym z 1997 roku a Kodeksem karnym z 1932 roku

Author(s): Karol Dusza / Language(s): Polish Issue: 3/2023

The article presents three characteristic phenomena that have occurred within the criminal law system, affecting the content of the Penal Code of 1997, while differentiating it from the Code of 1932. These phenomena are: internationalization of criminal law, relaxation of criminal law policy towards the perpetrator and custom neutrality of the specific part of the from 1997. The internationalization of criminal law manifests itself in: raising the standard of legal protection of the principle of humanitarianism, the international protection procedure of the principle of humanitarianism and the functioning of the International Criminal Court in The Hague. The relaxation of the criminal law policy towards the perpetrator is expressed by: abolishing the death penalty, increasing the possibility of adjudicating non-custodial penalties, such as fines and imprisonment, and adding a new probation measure. The custom neutrality of the special part of the Code of 1997 is manifested by the depenalization of crimes: homosexual prostitution and blasphemy as a qualified type of crime of offending religious feelings. In addition to the decriminalization of the aforementioned crimes, the penal act in question is a neutral act in terms of sexual custom and religion or lack of it.

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Cięcie – ćwiczenia z metafizyki ciała

Author(s): Karol Gromek / Language(s): Polish Issue: 46/2023

The article analyses two cases dealing with the issue of the body, its autonomy, and fragility. The first case concerns the decision made by Bettina Göring – whose grandfather was Hermann Göring’s brother. The woman decided to undergo tubal ligation so that her family’s lineage would die out. The second, better-known case is the story of violence in Abu Ghraib prison in 2003, where American soldiers tortured Iraqi prisoners and captured everything in photographs. Both events explain the importance of the potentiality in the body and its economy and prove that the limits of bodily plasticity – both physical and semantic – are shifted further than commonly believed.

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