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Концепция за по-ефективно гражданско участие в подпомагането на уязвими групи

Author(s): Author Not Specified / Language(s): Bulgarian

The concept for more effective civic participation in support of four vulnerable groups aims to identify legislative changes, improvement of practices and policy development by decision makers and the civil society to facilitate vulnerable communities in their interaction with state institutions and establish effective support mechanisms. The publication proposes concrete solutions and a roadmap for their implementation for each of these groups - prisoners, victims of human trafficking, victims of domestic violence, asylum seekers and other vulnerable groups of foreigners.

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Supporting Vulnerable Groups before the State: The Role of Civil Society Organisations

Author(s): Maria Doichinova,Yva Alexandrova,Miriana Ilcheva,Svetla Encheva / Language(s): English

The study analyses the mechanisms for interaction between public institutions and NGOs in supporting four vulnerable groups: persons deprived of their liberty, victims of trafficking in human beings, domestic violence survivors, and persons seeking international protection and other vulnerable foreigner nationals. Furthermore, it identifies trends in the cooperation between institutions and NGOs in assisting these communities. The report sums up the profile of the bodies and organisations involved and identifies problems in their interaction. Instruments for cooperation between public institutions and NGOs in relation to each vulnerable group are reviewed in detail, both on legislative and practical level. Correlations between identified problems and aspects of the interaction between public institutions and NGOs that could help resolve these problems are highlighted. In conclusion, recommendations are made to involve civil society in providing comprehensive support, in particular legal, social and administrative assistance, to vulnerable persons. These recommendations rest on the shared experience and opinions by public authorities and civil society, as well as on applicable foreign models and good practices.

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Пенитенциарната политика и система в Република България

Author(s): Maria Yordanova,Dimitar Markov / Language(s): Bulgarian

The report explores to what extent Bulgaria has introduced the European standards in the legal regulation of the prison system and the execution of the penal sanction of imprisonment, how are they implemented in practice, what is the State’s penal policy and strategy in this area in general and in respect to drug-addicted prisoners in particular, and what is the opinion of the people working in the penitentiary system and the non-governmental organizations monitoring the activities of penitentiary facilities.

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Организираната престъпност в България: Пазари и тенденции

Author(s): Author Not Specified / Language(s): Bulgarian

The report Organized Crime in Bulgaria: Markets and Trends summarizes the analyses carried out by the Center for the Study of Democracy throughout the last decade which have focused on specific aspects of organized crime in Bulgaria (contraband, the drug market, tax fraud, human trafficking, arms proliferation, etc.), the systemic spread of corruption, and the linkages between the two. The report presents the latest trends and manifestations (or market niches) of syndicate crime and its particularly damaging effects. It goes further to offer a historical review of the facts and available expertise in the area, and to draw conclusions about the origin, characteristics and developmental features of organized criminality in Bulgaria in the context of the transition to democracy.

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CSD-Report 17 - Полицейски проверки и използване на етнически профили в България

Author(s): Tihomir Bezlov,Martin Dimov,Philip Gounev,Nikoleta Yordanova / Language(s): Bulgarian

Between June and December 2005 the Center for the Study of Democracy and Vitosha Research, supported by the Open Society Justice Initiative carried out a study of police stops. The resulting report Police Stops and Ethnic Profiling in Bulgaria examines the use of stops by the Bulgarian police, focusing on the practices of disproportionate stops of members of the Roma ethnic minority. The report also highlights issues related to police abuse during stops as well as crime among in Roma communities. // The study is part of a Europe-wide initiative aimed to map discriminatory police practices across Europe. In addition to Bulgaria, research was carried out in Spain, Hungary and Russia indicating that there is disproportionate treatment of minorities by the police in all these countries. // Police stops are the main point of contact between officers and citizens. Police officers view stops as essential for detecting and preventing crime. Therefore, the appropriate use of this tool is crucial to police efficiency, whereas when used in the wrong way, it could seriously deteriorate the relations between citizens and the police. // The findings and the report were launched at a public meeting of the National Crime Prevention Commission on September 19, 2006.

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Пазарът на наркотици в България

Author(s): Author Not Specified / Language(s): Bulgarian

The Center for the Study of Democracy has undertaken a special inquiry into the topic of drug abuse - which was fueled by the drug epidemic of the late 1990s and has grown to become a real social threat - and the problem of drug dealing, which is a major mechanism for the generation of organized crime in Bulgaria. This report addresses drug supply and demand in Bulgaria with the ambition of mapping a vast information void and identifying the basic mechanisms and stakeholders of the drug market. However, the peculiarities of drug diffusion and consumption do not allow the use of the standard suite of economic research tools and vehicles throughout the study. This analysis has been divided into three sections. The first addresses the genesis of drug distribution, while the second describes its structure and functioning. The findings about supply presented in the first two parts are based on a series of in-depth interviews with dealers of different groups of drugs, long-term drug users, with police and security officers (experienced in combating drug traffic, drug production, and drug dealing), doctors, and civil organizations engaged in treatment services to drug addicts. Section 3 highlights drug demand, and brings into play the findings of the First National Population Survey on Drug Consumption in Bulgaria conducted by Vitosha Research. For the purpose of this study, CSD and Vitosha Research used the research tools of the European Monitoring Center on Drugs and Drug Addiction (EMCDDA).

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Корупция, контрабанда и институционална реформа: Трансграничната престъпност в България и дейността на митниците и МВР за нейното пресичане (2001 – 2002 г.)

Author(s): Author Not Specified / Language(s): Bulgarian

The present report summarizes researches and discussions conducted by members of the expert group within the framework of the Bulgarian anti-corruption initiative Coalition 2000 established in 1997. The report is dedicated to one of the most serious problems of the Bulgarian transition towards market economy, stable democratic institutions and legal state. The exploding growth of trans-border crime during the last 12 years has led to the emergence of criminal infrastructure, developed and maintained by criminal groups and semi-legal "power groups," which have appeared in the mentioned period. The trans-border crime in Bulgaria is a part of the new network of international organized crime, which was established after the end of the Cold War and which is closely connected to the regional channels of smuggling and trafficking. Smuggling (including drug smuggling) and trafficking are in particular the main sources of income for organized crime in the country. It is impossible to successfully fight the trans-border crime in the country without a determined effort to counter systemic corruption within the law-enforcing and law-protecting institutions. Enormous part of the criminal acts and irregularities concerning import and export of goods, drugs and weapons, as well as illegal trafficking of human beings, is conducted through unlawful cooperation with customs officers, employees of the National Border Police Service and other state institutions, responsible for border control. Corruption networks are part of the systemic smuggling or of the so-called smuggling channels, and the funds for bribing state employees represent "production costs" for organizers of smuggling. Without doubt, it is difficult to present an accurate assessment of the discussed problems, due to the lack of information about the exact parameters of smuggling, in particular of the drug smuggling, and about the real scale of corrupt practices. Hence the huge importance of indirect indicators like marketing researches in regard with the presence of particular goods on the market, and methods for comparison of such data with official customs statistics for import and exports of the same goods. Apart from these methods, of particular importance is the role of export analyses, reporting on informal "price-lists" of corrupt services, as well as of the scope and value of the realized smuggling deals and operations.

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Контрабандните канали в Югоизточна Европа. Конфликтите в бивша Югославия и възникването на регионални престъпни мрежи

Author(s): Marko Hajdinjak / Language(s): Bulgarian

Smuggling in Southeast Europe analyzes and reviews the connection between the conflicts in the former Yugoslavia and the growth of the trans-border crime in the region, and also looks at the related issue of corruption. The paper highlights the decisive impact the Yugoslav wars had on the development of the regional criminal networks, which were often set up and maintained not only with the knowledge, but even with active participation of the highest state officials. The research also represents a contribution to the study of conflicts in the Western Balkans. The majority of existing interpretations of causes, course and consequences of the Yugoslav wars try to provide the answers through ethno-political explanations. They unjustly ignore the importance that interweaving of interests of political elites, the organized crime groups, which appeared in this period, and the "mediating class" of corrupt state officials had in this process. The paper is divided in three parts: • An analysis of the causes and course of emergence of Balkan smuggling channels in the context of Yugoslav wars and international sanctions; • A review of the recent developments in trans-border crime in Southeast Europe; • An overview of prevention efforts, undertaken both by the regional governments and the international community’ The first part analyzes the emergence of officially sanctioned "state-building" smuggling in those parts of the former Yugoslavia, which were involved in the war. The intermediary role of Albania, Bulgaria, Macedonia and Romania is also discussed. In these four countries, smuggling networks were not developed under open patronage of the governments, but the role of high-positioned politicians was nevertheless extremely important. The second part traces the evolution of the initial semi-official smuggling channels and their transformation into "classical" criminal networks. The so-called "suitcase trade," cigarette smuggling, smuggling of narcotics, and the trafficking in human beings are discussed in more detail.

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Подкрепа на уязвимите групи пред държавата: ролята на гражданските организации

Author(s): Maria Doichinova,Yva Alexandrova,Miriana Ilcheva,Svetla Encheva / Language(s): Bulgarian

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Укрепване на правосъдието и правоприлагането в граничните райони

Author(s): Maria Yordanova,Dimitar Markov / Language(s): Bulgarian

The report makes an overview of the general problems and specifics in the detection, investigation and punishment of cross-border crime, i.e. actions, connected with illegal crossing of or illegal transfer of goods across the border. The publication also presents views about the necessary measures – legislative, organizational and technical – for enhancing justice and law enforcement in the districts close to the Bulgarian-Turkish, Bulgarian-Macedonian and the Southern Black Sea borders.

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Уязвими групи лишени от свобода: Наръчник

Author(s): Alejandro Forero Cuéllar,María Celeste Tortosa,Klaus Dreckmann,Dimitar Markov,Maria Doichinova / Language(s): Bulgarian

In prison, certain groups of inmates are subject to disadvantages due to specifics of their origin, gender, sexual orientation, age, etc. These groups usually need special treatment, which is not always provided, which leads to unequal treatment and violation of their rights. This handbook examines the situation of such vulnerable groups within the prison systems of Belgium, Bulgaria, Germany, Lithuania and Spain. Starting from the classification of the UN Handbook on Prisoners with special needs and looking at the different national contexts, the authors identify different groups as vulnerable in different countries. In order to encompass as many groups as possible, their list was extended to include some particularly marginalised groups, such as sex offenders, prisoners with disabilities, etc. Each group is viewed in context, explaining the situations of vulnerability both generally and in the selected countries. From one side, the handbook presents the efforts for compensation of vulnerabilities in every country available in the legislation or provided by prison authorities or other actors. From the other side, it identifies the gaps in the measures and practices, which vary both from country to country and from group to group.

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Употребяващите наркотици в затвора: опитът на Норвегия и предизвикателствата пред България

Author(s): Dimitar Markov,Hedda Giertsen,Maria Doichinova / Language(s): Bulgarian

Publication looks over the situation of drug users in two European countries – Norway, known for its social and welfare-oriented state, and Bulgaria, which since the beginning of the transition from totalitarism to democracy lacks sustainable policies on prisons and drugs. The aim of this work is to comparatively present the penal policy towards drug users and the measures taken for convicted people addicted to narcotic substances, to identify those features which can be transferable and can assist Bulgarian authorities to improve the situation of drug users in and outside the prison. Finally, this research will try to propose concrete measures to be taken both within the penitentiary system and as crime prevention efforts among drug users.

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Osnovne karakteristike američkog zatvorskog sistema

Author(s): Zoran Stevanović,Biljana Simeunović-Patić / Language(s): Serbian Publication Year: 0

American prison system is organizationally complex, with several jurisdictions and many penitentiary institutions. Divided jurisdiction between federal, state and local authorities from one side, and many kinds and types of prisons from another, make this prison system complicated and disunited. Thus there are inexplicable differences in conditions, standards and many other issues from state to state. American penologists look toward the future of state control of crime with much of anxiety. Enormous rise of a number of prisoners, an inefficacy of correction system and lack of really efficient corrective programs capable of correcting prisoners’ behavior strengthen a dark foreboding of the future in this field. The construction of prisons primarily for isolation of prisoners, not for ther behavior correction gets more and more frequent. At the end of 2006 there were 2.333.331 persons in prisons or jails in the USA or one-in-98 residents, presenting the biggest prison population rate in the world. From one year to another the number of prisoners rises by an average of 3.7 per cent. In recent years there has been noticed a tendency of increasing of number of prisoners in federal and state prisons while the numbers of prisoners in local prisons have been decreasing because of lack of resurces at the level of local community. As a reaction to permanent growth of prison population and more and more distinct danger to the safety of citizens, it has been developing the idea of super-maximum custody or ’supermax’. These prisons are described as “prisons of the future“ that should serve a purpose of harsher sentencing of those who are too violent, or for settling of those prisoners who must not be placed together with usual prison population.

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The Research of Motivational Factors and the Psycho-Behavioral Footprint of Sexually Motivated Homicide

Author(s): Andrei Armeanu / Language(s): English Publication Year: 0

Sexually motivated homicides can be committed for a variety of reasons, rooted in the authors deviant personality, from reducing the victim to an object state and defeating its will to the violence of the sexual assault. The sexual assault, whether heterosexual or homosexual, and the manner of commission, involving sexual acts, sodomy or the insertion of objects, has a sexual motivation and the murder of the victim arises as a result of the brutality manifested through sadism and mutilation, specific for serial sexual abusers, or extreme violence in the case of non-serial sexual aggressors. Identifying the motivational factors of sexual abusers involves analyzing, from a psychological and criminological perspective, the way of committing the crime, the behavior of the attacker and his reporting to his acts, revealed during the interrogation. Knowing the motivational factors can play a fundamental role in shaping the psychological profile of the sexual aggressor. Corroborating the motivational factors with other elements of the authors criminal history or other behavioral marks of deviance leads to a psycho-footprint of the author, whose role can go beyond the strict investigation of the incriminated act, ranging from the identification of other acts previously committed by the assailant to anticipating its chances of rehabilitation. The present research brings to the forefront the interpretation of the motivational factors and their transposition into the criminal behavior of the authors and the general objective is to highlight the role of establishing their psycho-behavioral footprint in sexual crimes.

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Biografie skazanych mężczyzn i kobiet przykładem kryzysu w rozwoju tożsamości człowieka

Author(s): Barbara Toroń-Fórmanek / Language(s): Polish Publication Year: 0

The aim of rehabilitation activities is to lead a person to a condition of adequate adaptation to standards of social life, develop skills which enable socialization and participation in culture and as a result to develop their own identity. Unfortunately, the theory does not coincide with practice which is shown in the author’s research. The article presents the connection between the human’s identity and his life before his imprisonment. The author associates the process of developing the identity with the lifestyle according to Walter’s conception and then, basing on her own studies, the author shows that the rehabilitation in the Polish prison system does not have a good influence on the convict’s reshaping process. It is believed that the cause of that is the biography. The author can see the connection between the developing of the criminal identity with the influence of school, peer group and criminal group. Moreover, the author pays special attention to the need to use creative methods of rehabilitation which support the development of the proper identity.

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Conditional Liberation - One of the Measures to Achieve the Purpose of Criminal Punishment

Author(s): Nicoleta-Elena Heghes,Victoria Cristiean / Language(s): English Publication Year: 0

The offense as a fact forbidden by the rules of criminal law cannot exist without the unavoidable consequence of criminal liability, which, in its turn, would be without object without a criminal sanction, without a punishment. Neither punishment can be conceived without the existence of criminal liability and it is based only on the offense. Conditional liberation constitutes a measure of both criminal and social policy that is particularly important for achieving the purpose of punishment. Conditional liberation is conceived as an incentive for convicts who give evidence of correction by reducing the period of deprivation of liberty, being designed to accelerate the process of re-education and social reinsertion of the convict.

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The Right Not to Punish

Author(s): Tiberiu Viorel Popescu / Language(s): English Publication Year: 0

No common reasons can be identified for the fundaments of the right to punish, the right not to punish or the right to decriminalize, although, at first sight, the three rights seem to have similar origins. As the right to impose a punishment derives from the law, so a law must also reflect the right to defer a punishment, to waive its application, or to decriminalize a certain conduct. A brief analysis of the right not to punish can also reflect the reason, the conditions, and, possibly, its limits. These can often be arbitrarily interpreted in practice due to reasons that must be identified. An arbitrary exercise of the right to amnesty or to grace, or poor implementation in the Romanian-German law of restorative justice, may have adverse consequences in terms of the safety of social values. To prevent arbitrariness and to ensure social security, the functions of the public authorities play an essential role. At present, only the legislative function generates the law, and the judicial function ensures that the law is implemented or it may order a punishment to be enforced if the law is violated.

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Кажњавање малолетника у савременом кривичном праву

Author(s): Dragan Jovašević / Language(s): Serbian Publication Year: 0

All material (corporeal), processing and executive provisions related to criminal law in Republic of Serbia about juveniles are in the new Law about juvenile committers and criminal law protection of juveniles from 2006. January 1st (LAJCCA), conjoint in one place. That is how the juvenile criminal law has been created. It is characterized by: 1) principally, inquest of the juvenile injurers guilt is excluded, 2) among criminal sanctions towards juvenile injurers the priority belongs to the educable provisions compared to the punishment that presents the exception expressed in juvenile jail implementation. By the way of exception, with the juvenile jail can be punished only the older juvenile if he committed a crime for which the proposed punishment is over five years; if he is sufficiently mentally mature so that he can understand importance of that crime and he can control his acts; and when the consequences of the committed crime are that severe, and the extent of guilt that high that the application of educative provisions wouldn’t be justified, 3) in the criminal proceeding towards juveniles, prosecution and juridical apparatus have wide authority in terms of starting, processing and terminating the proceeding. Those authorities consist of discrete rights to withdraw prosecution regardless of what the committed crime is, if it is considered that it would be useful in terms of education and reeducation of the juvenile delinquent. The principle of utility has the priority over the principle of objectiveness. The court mandates consist of not only a wide scale of optional means and provisions, but of possibility to replace already delivered verdict with some other more convenient provision, if it is required by the specific situation and 4) in juridical system of the Republic of Serbia there are special jurisdictional bodies for struggle against juvenile criminality: special departments for juvenile delinquency in internal affairs agencies, a prosecuting attorney for juveniles and special juvenile council i.e. the juvenile court that supervises the whole criminal proceeding against any juvenile delinquent. The new juvenile criminal law anticipates two basic types of the juvenile criminal sanctions. These are:1) the educational measures and 2) the juvenile prison. They are legally anticipated measures of the social reaction towards the juvenile committers of the crime activities that are sentenced the legally determined organs in aim to protect the society from the criminality trough the education, reeducation and proper development of the juvenile. In this paper the author has analysed application of juvenile prison against juvenile perpetrator of crimes in new juvenile criminal law of Republic of Serbia and comparative law from theoretical, practical and comparative law aspects.

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Labor and Education in the Penitentiary System - Basic Components of Rehabilitation

Author(s): Dorian CHIRIȚĂ / Language(s): English Publication Year: 0

The main objective that future criminal policies, in terms of the execution of sentences, must pursue more and more is the rehabilitation of detainees. Given the complex nature of the rehabilitation process, it is necessary for penitentiary administrations to use as many elements as possible, acting simultaneously or in a well-established order. This process should thus include several factors, such as: the assessment of their socio-educational needs; attending educational courses, vocational training; mastering the rules of behavior in society; cultural-educational actions of physical education and sports; encouraging and supporting family and community connections; moral education and religious assistance; permanent or temporary actions for recreation. In our opinion, of all these, a very important place is occupied by work and education. These fundamental elements will not only correct the personality of the detainee, but, moreover, will give him a better physical and mental condition, these representing, for the penitentiary administration but also for society, the indicators of a changed man, in which society must have full confidence. This paper provides an overview of these two processes, work and education, of persons deprived of their liberty, and emphasizes their importance, both for the detainee and for society as a whole.

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The Basis of Punishment. The State’s Right to Punish

Author(s): Mariana Mitra-Niță / Language(s): English Publication Year: 0

One of the three fundamental institutions of the criminal law is the sanction. It represents the right, and also the obligation of the state to intervene when a legal norm with a criminal character is violated. However, what is this right of the state to sanction? What is the origin of this right and what is its usefulness? These make up only a small part of the many questions that jurists and philosophers have raised throughout history, trying to objectively justify the basis of punishment. The reason for repression must consist not in the state’s desire for revenge, but in preventing in the future the commission of dangerous acts related to the most important social values, since, as Cesare Beccaria said, "it is more effective to prevent than to treat!" The need for punishment stems from the innate human instinct of conservation in order to preserve one's own species.

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