Отношения на нараняване. Основания на преживяване, несъзнавани трансмисии и насилие в социалната практика

Author(s): Jürgen Straub / Language(s): Bulgarian Issue: 1-2/2016

People live in “collective relationships of harm and vulnerability”. This social-theoretical concept focuses on the fact that people interact as vulnerable subjects and subjects capable of violence whose vulnerability, solidified in dispositions, may be considered the result of violence sustained and inflicted in historical constellations. Following an outline of psycho-analytical research results, the author presents the concept of transgenerational transmission of serious (traumatic) injuries and emphasizes the importance of enactments as a special form of unconscious actional retrospection in social situations. It is argued and illustrated that these and other traces of collective violence – even those dating back to the early centuries – are eminently manifest in modern immigration societies (e. g. in interactions with political refugees). From a normative perspective, the author advocates a heightened sensibility towards harm that presupposes a differentiated concept of violence that also includes symbolical and psychological forms. After giving a short explanation of two modes of symbolical and psychological injury that are important in migration societies – “dyspresentation” and certain forms of omission, namely silence –, the author finally discusses the ‘danger’ of promoting a dubious “tribunalization” of psycho-social realities through an increasing (scientific) sensitization for relationships of harm and vulnerability.

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.

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.

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.

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.

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.

СОВЕТСКАЯ ПОЛИТИЧЕСКАЯ ТЮРЬМА 60–70-Х ГОДОВ XX ВЕКА: КОНЦЕПЦИЯ ВЛАСТИ И ПОВСЕДНЕВНЫЕ РЕАЛИИ

Author(s): Alla Arkadevna Salnikova,Elena Andreevna Gerasimova / Language(s): Russian Issue: 3/2016

The paper examines a new penitentiary system conception generated in the USSR after the GULAG liquidation. This system was created as a specific “normalizing” and “therapy” space to not only isolate the society from unlawful and disloyal citizens, but also to “sovetisize” them if possible. Basing on the previously non-used official documents kept in the Russian State Archive of Modern History (RGANI) and law documentation, the specificity of penitentiaries for the convicted of state crimes (“politicheskikh”) and their role in a new Soviet prison model are revealed and analyzed. It is proven that special penitentiary institutions opened in the 1960s – 1970s to isolate beyond re-educational and extremely dangerous state criminals differed greatly from the ordinary penitentiary system institutions, including the problems of the prisoners’ daily life organization and regulation. Contradictions are found between the authority conception and the prison routine realities. It is argued that the penitentiary reform of the 1950s – 1960s in the USSR consists of two periods: the first one (1954–1960) was the period of some liberalization; the second one (since October 1960) was the period of increased penalties for crimes against the state. It becomes obvious when analyzing the situation of political prisoners in the examined period.

Monitoring Prison System Reform in Serbia 2012-2013 and Prison System in Serbia in 2011

Author(s): Jelena Mirkov Subić,Ivan Kuzminović,Mara Živkov,Ljiljana Palibrk / Language(s): English

Türkiye’de bürokratik elitizmi anlamak, pdy (fetö) ve yargi ilişkisi

Author(s): İbrahim Gül,Sait Yılmaz / Language(s): Turkish Issue: 33/2017

Judicial hegemony or juristocracy can be defined as the use of caste within the state to reach the strategic objectives of the judges and prosecutors who are the members of illicit organization. This study aims to explore and analyze the organizational structure of the terrorist organization, which is called PDY, and understand how this terrorist organization terrorized the judicial structure in Turkey. Based on the theoretical framework of elitism and bureaucratic elitism, the study also aims to analyze the relationship between PYD terrorist organization and judicial system by using the case study as a method of data collection method.

Right of Defence and the Principle of Equality of Arms in the Criminal Procedure in Bulgaria

Author(s): Maria Yordanova,Dimitar Markov,Miriana Ilcheva / Language(s): English

The publication analyses the regulation of the right of defence in Bulgaria and explores the principle of equality of the parties in the pre-trial phase. For the purposes of the study the authors present the system of judicial and investigative bodies as well as the most important characteristics of the criminal proceedings, in particular of the pre-trial proceedings. The study discusses the rights of the defence counsels and their procedural role and outlines a number of problems that attorneys face in defending their clients during the criminal proceedings.

Czy każda kultura zasługuje na obronę? Kilka wątpliwości dotyczących cultural defence i prawa karnego w dobie multikulturalizmu

Author(s): Michał Dudek / Language(s): Polish Issue: 2/2011

The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues. The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues.

Dobre praktyki resocjalizacyjne w zakładach poprawczych i schroniskach dla nieletnich w Polsce

Author(s): / Language(s): Polish

A juvenile detention centre is commonly associated with a prison for under-age offenders, a place of detention for dangerous juvenile delinquents. This volume abolishes this stereotype. It shows juvenile delinquents through the prism of their tragic family histories and psychological and social deficits they manifest; most importantly, however, it demonstrates the wide range and comprehensiveness of social rehabilitation programmes offered by juvenile detention centres and shelters. It provides a description of thematically arranged programmes applied by social rehabilitation staff, including those connected with leisure time (e.g., canoeing, windsurfing, and biking camps), animal care (animal-assisted therapy), theatre, music, arts, sociotherapy, promotion of family life (e.g., baby manikin care training), voluntary social work (e.g., with juvenile offenders taking care of disabled children), and many others. The volume is addressed both to practitioners (as a resource book with detailed activities plans) and to scholars/theoreticians (psychologists, social rehabilitation academic teachers, and students who take psychology and/or social rehabilitation pedagogy as their majors).

Tipologia grupărilor de crimă organizată

Author(s): Anca-Gabriela Petrescu,Ionel-Ștefan Săvulescu,Ivan Lucian / Language(s): Romanian Issue: 12/2019

Typologies are important in providing greater detail to what is meant by the concept of transnational organized crime. It is clear from the overview of the groups the wide variety ofstructures, activities and potential outcomes that are encompassed by the concept. The identification of different types provides more detail in this respect providing a clear picture of what is entailed by the phenomenon of transnational organized crime. The identification of a series of typologies has important policy implications for law enforcement agencies. Different strategies of law enforcement must be used in confronting different types of organized crime groups. Identification of typologies may provide a useful tool for law enforcement professionals.

Odpowiedzialność karna za zjawisko cyberprzemocy w świetle prawodawstwa polskiego

Author(s): Katarzyna Las / Language(s): Polish Issue: 1/2020

The subject of research in this article is the phenomenon of cyberbullying. The aim of the study is to show how the victim can bring his attacker to criminal liability. The most common types of cyberbullying, as well as statistics of identified crimes from individual articles of the Criminal, Civil, and Civil Code articles, were also discussed. In addition, the article is to indicate the problem of the inadequacy of the code provisions for new types of crime. The research methods used include the analysis of existing data. The article is an attempt to categorize forms of cyberbullying and to organize terminology. The article may be the basis for further detailed research on the phenomenon of cyberbullying.

Cyfryzacja zarządzania migracjami w Unii Europejskiej

Author(s): Helena Wyligała / Language(s): Polish Issue: 2/2019

The aim of this article is to illustrate how deeply digitisation is entering the process of managing migration in the EU. It raises the question of the stage of development of existing and new tools in this area. Against the background of the processes of digitalisation and strengthening the internal security of the Schengen area, using an analysis of the sources of European Union law, the modernisation of the three main systems used in EU migration policy will be presented: SIS II, VIS, Eurodac and 3 new systems: EES, ETIAS, ECRIS-TCN. Their development has accelerated in the last few years, as the migration crisis of 2015-2016 has highlighted the need to fill the security gaps by integrating these systems. The use of large-scale computer base is therefore a challenge to ensuring security in the EU, but it raises the question of the pace and scale of change and its impact on the protection of personal data.

NEW TECHNOLOGIES AND THE DISCOURSES OF HUMAN RIGHTS, POLITICS, AND SOCIETY

Author(s): Goran Ilik,Angelo Viglianisi Ferraro / Language(s): English Issue: Supp. 1/2021

Modern societies are associated with the constant flow and acceptance of information and communication technologies at home, in the workplace, in the process of education, even in recreational activities. The development of new technologies has not only challenged human rights, but also politics and society in general. Even more importantly, this new technological level has also empowered transnational corporations operating in the digital environment as hosting providers to perform quasi-public functions in the transnational context. New technologies have the potential to make significant positive contributions to the prevention, promotion, and protection of human rights and democratization, decentralization, and digitalization of politics and the advancement of society as a whole.

Rodzice więźniów. Studium doświadczeń

Author(s): Angelika Cieślikowska-Ryczko / Language(s): Polish

This monograph is a sociopedagogical study of the experience of parents of prisoners. In analyzing the issue of family crisis in prison, I looked at the perspective of fathers and mothers of incarcerated sons. In my analysis I used the biographical method, as proposed by such researchers as Fritz Schütze or Tom Wengraf. The main aim of this study was to identify the ways in which the subjects define their own life experiences. I was interested in the process of assigning meanings to various life events. Within the obtained narrations I recognized remedial and adaptation strategies undertaken by parents of prisoners. The results of the analysis allow me to answer the question: how do family members cope with the experience of imprisonment and how do they construct their own identity in the face of this event? The study consists of three main parts. Part I is a theoretical and methodological introduction to the research context. Part II is the author's study of the problem (description of the results of the analyses devoted directly to the experiences of the parents of prisoners). Part III is a kind of summary of methodological dilemmas and the process of conducting interviews.

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.

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.

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.