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Powrót terrorystki. Przypadek Brigitte Mohnhaupt

Author(s): Beata Łazarz / Language(s): Polish Issue: 2/2016

This article aims to analyse works from the series ‘Sympathy for the Devil?/The Wretched of the Earth’ (2008-2011) by the British artist Esiri Erheriene-Essi. The central figure is Brigitte Mohnhaupt, the German terrorist responsible for the most brutal attacks perpetrated by the Red Army Faction (RAF). Łazarz draws on psychoanalytical tools, especially ones based on the works of on Sigmund Freud and Hanna Segal. Her analysis suggests that the creation of Mohnhaupt’s portrait allowed the artist to engage in a sort of public autotherapy that made it possible to confront herself with her own emotions relating to terrorism, to become aware of ambivalence and to become empathic towards the protagonist. Her audience can participate in this experience, both consciously and unconsciously.

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ОБЪЕКТ ПРЕСТУПЛЕНИЯ НЕОКАЗАНИЯ ПОМОЩИ БОЛЬНОМУ ПО УГОЛОВНОМУ ПРАВУ РОССИИ

Author(s): Liliya Maksutovna Nazmutdinova / Language(s): Russian Issue: 4/2013

The article analyzes the elements of a crime that provides for the responsibility for the failure to assist a sick person. Based on the analysis of the current criminal law and the existing scientific data, we present our own vision of the problem. We propose making changes to Article 124 of the Criminal Law of the Russian Federation, i.e., it is recommended to define the nature of medical assistance and to add a note where necessary that specifies the concepts of medical assistance and medical workers.

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ПРОБЛЕМЫ НАЗНАЧЕНИЯ НАКАЗАНИЯ ЗА ПРЕСТУПЛЕНИЯ ПРОТИВ ЖИЗНИ СУДАМИ РЕСПУБЛИКИ ТАТАРСТАН В 2010–2012 ГГ.

Author(s): Nail Erikovich Khabibullin / Language(s): Russian Issue: 4/2013

The article analyzes the materials of the judicial practice on crimes against life, which were considered by the courts of the Republic of Tatarstan in the period from 2010 to 2012. Based on the analysis, the author specifies the structure of crimes against life, committed in the indicated period, and discloses personality characteristics of the criminals. Much attention is paid to the types of punishments within this category of cases, as well as to the typical mistakes made by the courts when sentencing criminals.

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Smurto prieš moteris prevencija: nacionalinės teisės spragos

Author(s): Laima Vaigė / Language(s): Lithuanian Issue: 1/2016

The paper focuses on the gaps in national law in preventing repetitive violence and adopting a general strategy for the prevention of violence against women. The national legislation of the Republic of Lithuania is evaluated in relation to international law in the area of gender-based and domestic violence. Notably, Lithuania is a party to the corresponding international documents in this area. However, the national legislation at the level of laws and regulations lacks links with international law and relevant documents. The basic preventive measures are very broad and are not targeted at the elimination of violence against women; instead, they seek to decrease the numbers of crimes in the area of domestic violence. The most relevant sectors for prevention, i.e. the health care sector and the education sector, are not involved. The objectives of prevention are not placed within the gender equality paradigm, and violence against women is not seen as being connected with stereotypes and discrimination. In addition, gaps are identified in the prevention of repeated violence against women. The paper suggests that the system of protective orders should be reformed so that protective orders are available to all victims of violence and not limited to domestic violence victims. Both civil and criminal protection measures should exist, and they should be applicable to post-trial victims as well. It is also recommended that the Council of Europe Convention on preventing and combating violence against women and domestic violence, which is the most thorough document on prevention, be ratified. Ratification would improve the weakest point in Lithuanian legislation on violence against women – the prevention of violence.

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СМЕРТНАЯ КАЗНЬ – НАКАЗАНИЕ ИЛИ РАСПРАВА: О КОНЦЕПЦИИ ПРОФЕССОРА ИМПЕРАТОРСКОГО КАЗАНСКОГО УНИВЕРСИТЕТА А.А. ПИОНТКОВСКОГО

Author(s): Fedor Romanovich Sundurov / Language(s): Russian Issue: 6/2015

The paper presents a detailed analysis of the views expressed by A.A. Piontkovskii (1862–1915), the professor of Imperial Kazan University, on death penalty as a form of criminal punishment. Attention is paid to various arguments for death penalty abolishment, which were laid out by A.A. Piontkovskii in his monograph “Death Penalty in Europe” (1908) and remain relevant in our contemporary world.

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ОГРАНИЧЕНИЕ КОНКУРЕНЦИИ: МЕЖОТРАСЛЕВЫЕ СВЯЗИ УГОЛОВНОГО ПРАВА И ИНЫХ ПРАВОВЫХ ОБРАЗОВАНИЙ

Author(s): Mikhail Yuryevich Chelyshev,Maria Vcheslavovna Talan,Andrey Valeryevich Mikhailov / Language(s): Russian Issue: 6/2015

The paper discusses elements of a crime encroaching on the basics of free market, fair competition. The elements and features of this type of crime, as well as the practice of applying the above-stated norm, are analyzed. Current trends in the legal policy of foreign countries concerning the field of antitrust legislation are studied. The statistical data on accountability for crimes against competition in Russia are considered. Weaknesses are identified in the legal technique of criminal legislation regarding the relations associated with the activity of economic entities. The dependence of effective law enforcement for preventing, eliminating, and restricting competition on the commensurate and adequate correlation between the norms of civil, administrative, and criminal legislation is proved. The need to strengthen the cross-sectoral links of antitrust legislation is substantiated.

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Međunarodna regulacija otmica djece

Author(s): Miro Katić / Language(s): Serbian Issue: 1/2019

The occurrence of international child abductions is not of a recent age, although the term “abduction” is of a relatively recent date. By studying ancient legal sources (Roman law, rights in ancient Greece, rights in Mesopotamia etc.) legal fragments are found that refer to parents who “take their child”, parents who “keep their child”, parents to whom the child “belongs” or similar. International abduction, or illegal removal of a child from one country to another, is a problem which entails a series of open questions closely related to the child’s personality, while legally speaking, such a phenomenon leads to the conflict of laws and jurisdictions between different states, or the state of the child’s usual residence and state in which the child is taken unlawfully.States tend to come up with the best solutions regulating the conflict of laws and jurisdictions between states, trough the prism of the international law, including the achievements of the Hague Convention on the civil rights aspects of international child abductions.

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Institutional factors for anti-corruption climate in modern Russian society

Author(s): Evgeniy Gennadievich Melnikov,Vladimir Petrovich Miletskiy,Sergey Dmitrievich Savin / Language(s): English Issue: 2/2019

The paper addresses system-based sociological methodology and considers the anti-corruption policy in the modern Russian society. The authors try to identify key institutional factors for creating anti-corruption climate in the context of advanced transformations. It is noted that modern Russia should develop the anti-corruption climate applying both Soviet and foreign experience. The paper concludes that the key role in the process under analysis is given to maintaining the adequate Russian conditions for the anti-corruption law-based climate providing the execution of the whole set of norms of the positive law by the social subjects and the law institutes. This includes such law-based regulation mechanisms as judicially relevant activities and other law-enforcement practices suitable for reproduction and improvement of the anti-corruption climate at all levels of the powerful hierarchy. Promotion of the anti-corruption behavioral standards, the development of the respective law-oriented consciousness and law culture should also be paid special attention to.

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‘Shine like a jewel’: Kantian ethics, probation duty and criminal justice

Author(s): Phillip Whitehead / Language(s): English Issue: 2/2016

Since the 1980s, the criminal justice system in England and Wales has been recalibrated by the ideological and material forces of marketisation and competition. Specifically, the probation duty to advise, assist and befriend has been eroded by the instrumental functions of punishment and prison. These profound transformations have undermined the ethico-cultural foundations of criminal justice, indexed clearly in the privatisation of probation services between 2010 and 2015. The original contribution of this article draws upon Kantian deontological ethics to critique these events and to re-energise the moral coordinates of government policies and organisational practices. It confronts the current orthodoxy with the unconditional moral demand of duty and moral obligation.

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From probation work to criminal sanctions work: Key changes in social work with offenders in Finland from the 1960s to today

Author(s): Timo Harrikari,Kristina Westerholm / Language(s): English Issue: 1/2015

The article addresses key changes in Finnish probation work’s rationalities, mentalities and technologies from the 1960s to the present, examining them within a wider governance theory framework. The article asks how the following aspects of probation work have changed: (1) the conditions of probation work, (2) its institutional self-understanding, (3) its work methods and (4) its objectives. The thesis is that these changes have been connected to several synchronous and multi-layered developments, such as globalization, a re-orientation of Finnish social policy and the introduction of new methods and tools within probation work.

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Changing Shape and Shifting Boundaries - the Media Portrayal of Probation in Ireland

Author(s): Niamh Maguire,Nicola Carr / Language(s): English Issue: 3/2013

Literature on the media representation of probation highlights that probation as a ‘brand’ and concept is poorly understood and lacks public visibility. This has implications for its legitimacy and credibility. In this article we explore probation’s visibility in one country, the Republic of Ireland, through a critical analysis of print media representations of probation over a 12-year period (2001 to 2012). While our study finds that the majority of the coverage of probation was either positive or neutral in tone, we note a recent shift towards a more negative tone that we argue is reflective of the changing shape of the penal-probation boundaries. These changes are linked to resourcing of the criminal justice system and have implications for the public perception of probation.

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Fitzgibbon W (2011), Probation and Social Work on Trial (Violent Offenders and Child Abuser)

Author(s): Sharon Brereton / Language(s): English Issue: 3/2013

Review of: Sharon Brereton - Fitzgibbon W (2011), Probation and Social Work on Trial (Violent Offenders and Child Abusers). Basingstoke. Palgrave Macmillan

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The Importance of Mental Health Awareness Training in a European Probation Training Curriculum

Author(s): Coral Sirdifield,Mark Gardner,Charlie Brooker / Language(s): English Issue: 2/2010

In 2009 the CEP held a conference centring around the concept of a pan-European probation training curriculum. This article draws on the results of an evaluation of some training conducted in the UK to argue that mental health awareness training should form part of such a common training programme. The article outlines the potential benefits of making such training mandatory for staff working in probation systems across Europe. In addition, it identifies the role of instructional design in constructing learning resources which are flexible enough to be reconfigured to be relevant in different cultural contexts without diminishing the learning process.

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KRIMINOLOŠKI FOKUS ISTRAŽIVANJA

Author(s): Adnan Fazlić / Language(s): Bosnian,Croatian,Serbian Issue: 1-2/2014

Review of: Adnan Fazlić - Karen T. Froeling, Nova Science Publishers, New York 2007., Criminology Research Focus (ISBN-13: 978-1-60692-601-7)

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Akty prawa międzynarodowego dotyczące odpowiedzialności karnej w prawie ochrony środowiska w kontekście środków penalnych przewidzianych w prawie polskim

Author(s): Rafał Fic / Language(s): Polish Issue: 2/2022

The subject of the article is, first of all, the presentation of legal acts adopted by the international community as part of the fight against environmental degradation, with particular attention to Directive 2008/99/EC of the EP and of the Council on the protection of the environment through criminal law. The most important regulations of these legal acts were analyzed, with an indication of the penal measures proposed by the international legislator aimed at protecting the legal good, which is the natural environment. The evolution of legislation in this area will also be presented. In the following part, the catalogue of criminal law tools resulting from the above-mentioned acts has been compared with penal measures used in Polish criminal law in response to crimes against the environment, with an indication of the prospects for the development of legislation in the discussed area.

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Amila Kasumović, Zatočene: Žene u zatvorskom sustavu Bosne i Hercegovine 1878–1914

Author(s): Nedim Pustahija / Language(s): Bosnian Issue: 21/2022

Review of: Amila Kasumović, Zatočene: Žene u zatvorskom sustavu Bosne i Hercegovine 1878–1914., Sarajevo: Centar za historijska istraživanja, 2021, 165 str.

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HYGIENIC AND SANITARY CONDITIONS IN THE PRISONS OF THE PRINCIPALITY AND KINGDOM OF SERBIA: A HISTORICAL OVERVIEW

Author(s): Miroslav M. Popović / Language(s): English,Serbian Issue: 1-2/2022

The aim of the paper is to briefly present the hygienic and sanitary conditions of life of prisoners in the prison institutions of the Principality and Kingdom of Serbia, based on preserved testimonies of prisoners, as well as literature and sources related to the Belgrade County Court, the Požarevac Penitentiary, and some other prison facilities in different periods of the 19th century, paying attention to both male and female prisoners. In this way, in the form of an overview, the work is an attempt to present how Serbian state dealt with the question of sanitary conditions and modernization in Serbian prison institutions during the previously mentioned period, with an introductory section, which refers to the institution of prisons in Europe in the 19th century, for a wider context.

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CONFISCATION OF PROPERTY OBTAINED FROM A CRIMINAL OFFENSE AS A MEASURE TO FIGHT AGAINST ORGANIZED CRIME

Author(s): Boro Merdović,Katarina Stojković Numanović,Joko Dragojlović / Language(s): English Issue: 1/2023

An analysis of most definitions of organized crime point to the fact that its main goal is the acquisition of financial profit. That is why one of the basic measures that most affects organized crime is confiscation of illegally acquired property. The purpose of that confiscation, through different historical epochs, was to punish the perpetrator of a criminal act, to compensate the injured party, or to prevent and deter others from committing criminal acts. The goal of this paper is to review scientific literature and analyze the content of various legal acts and documents, with the application of the comparative method, and to point out the specifics of the institute of confiscation of property acquired through criminal activities as one of the measures in the fight against organized crime. Property confiscation as a special measure in the fight against crime has encountered numerous criticisms and controversies in domestic and foreign literature, which will be the subject of a separate part of this paper. Seizures differ from country to country due to different legal qualifications, making it difficult to apply this institute in a uniform manner, on a global level. We point out the results that this measure gave at the international level and the success and criticism of its application in domestic legislation and practice.

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IRAK ve TÜRK CEZA KANUNLARINDA ÖNGÖRÜLEN CEZA TÜRLERİ

Author(s): Bakr Abed HADI HADI / Language(s): Turkish Issue: 58/2023

The punishment, which has existed since the beginning of social life, has many functions. The most important of these is that punishment provides general and specific prevention. In order to achieve this aim, the offenders must be punished appropriately for the crime they have committed, and these penalties must be properly executed. In Turkish Penal Code No. 5237, imprisonment and judicial fines are included as types of punishment. The types of punishments in the Iraqi Penal Code are primary punishments such as the death penalty, life imprisonment, imprisonment for a term of years, penal servitude, detention, fine, confinement in a school for young offenders, and confinement in a reform school. They also take the form of incidental penalties such as police supervision and additional penalties such as withdrawal of certain rights and privileges, confiscation, and publication of the sentence. In this study, within the framework of these regulations in both penal codes and detailed literature research, the penalties and punishment types given to the crimes in both laws will be examined.

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Overview of Dogs Training Programs in Correctional Institutions

Author(s): Hanna Mamzer / Language(s): English Issue: Sp. issue/2023

Positive opinions about impact that relations with animals have on participating humans were the main reason for introducing animal-based resocialization programs in correctional institutions. As a form of occupational therapy, they aim at increasing and improving social and psychological skills of imprisoned individuals. They aim at creating and increasing empathy, improving communication and its effectiveness, building sense of responsibility and patience. Participants of such programs underline the positive impact on their well-being and subjective sense of wellness. In this text, I present the short history of using relations with animals in improving psychological and social competencies of humans. I also discuss the positive effects that such programs have on the effectiveness of correctional institutions.

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