Normy prawne regulujące działania antyterrorystyczne

Author(s): Piotr Krzysztof Marszałek / Language(s): Polish Issue: 2/2017

Terrorism, which today constitutes one of the most serious threats to national security,engages many different state bodies and institutions. Effectiveness in the fight against acts of terrorism is largely dependent on the coordination of these factors. Increasing the powers of state bodies in this respect cannot cause a disproportionate increase in restrictions of citizens’ enjoyment of their freedoms and rights. The current anti-terrorism law, as well as a number of related laws doesn’t provide such guarantees and consequently doesn’t increase citizens’ sense of security towards their own state. The article attempts to analyze the adopted solutions and points to the most questionable regulations.

Ewolucja instytucji zatarcia skazania w polskim prawie karnym z perspektywy European Criminal Records Information System – zagadnienia wybrane

Author(s): Renata Pawlik / Language(s): Polish Issue: 1/2014

Criminal law as it’s traditionally seen is a set of standards defining socially harmful acts, referred to as crimes, determining the responsibility for these acts and the penalties, sanctions and protective measures applied against the perpetrators. More than any other branch of law, criminal law reflects social attitudes towards specific cultural, moral and financial issues, demonstrating susceptibility to social changes, in principle denying its inter-culturalism, and exemplifying an extremely strong rooting in a specific culture. The concept of the European integration, together with ongoing globalization, have caused a shift in the way of thinking about the functioning of not only global society, countries or international institutions, but have also been changing the feeling of identity of individuals and their identification with a specific group or community. At the same time, the free flow of persons supporting the phenomenon of multi-culturalism, so characteristic for the concept of the European integration, has been determining the transnational nature of crime to a greater extent than before. This transnational character enforces, simultaneously, the development of the tools habitually designed for counteracting crime, including, first of all, traditionally understood criminal law. One example is the Erasure of Conviction in the Polish Criminal Law from the Perspective of the European Criminal Records Information System.

Izolacyjny system reintegracji społecznej dla sprawców przestępstw seksualnych w stosunku do nieletnich, w świetle przepisów obowiązującego prawa

Author(s): Krzysztof Jachim / Language(s): Polish Issue: 4/2014

The isolating system of social reintegration for perpetrators of sexual offenses on juvenile based on existing provisions of the law – Polish casus. The article is an attempt to show the possibilities of creating conditions that increase the sense of social security against the perpetrators of sexual offenses on juvenile who leave penitentiaries after serving a custodial sentence. As it is clear from the research conducted so far, none of the therapeutic and pharmacological methods can guarantee the changes in the offender’s mentality and, hence, their sexual motivations. Therefore, we should look for alternative methods of dealing with sexual offenders who return to life in society. There ought to be a coherent system of prevention combining the use of security measures, resulting from The Penal Code provisions, directing the offender to the ambulatory treatment in order to carry out pharmacological therapy and psychotherapy, and implementing the system of control based on electronic supervision. This form of supervision of sexual offenders would help to provide greater social security. The objective of this paper is attempt to show methods of dealing with offenders diagnosed with sexual dysfunctions who are about to leave penitentiaries. The introduction of certain solutions, based on existing law, can meet social expectations in this important area.

Poglądy studentów prawa na podstawowe instytucje prawa karnego (Wstępne rozpoznanie problemu)

Author(s): Anna Szuba-Boroń / Language(s): Polish Issue: 4/2014

This paper presets survey results regarding law students opinions on the criminal law and criminology, e.g. death penalty, the offender and the offense as an object of criminological research, the purposes of criminal punishment and criminal law. This article is an attempt to determine an influence of academic knowledge in the field of criminal law and criminology at the students opinions and to analyze or law student hold a public opinion concerning criminal law and criminology.

Działalność oświatowa w więzieniach Królestwa Polskiego 1815–1867

Author(s): Justyna Bieda / Language(s): Polish Issue: 1/2017

Educational activities in prisons at the time of the Kingdom of Poland were the consequence of the nineteenth-century change of views related to purposes and conditions concerning serving custodial sentences. Th e idea of teaching inmates in the Kingdom of Poland began to form in the ’30s of the 19th century and is precisely connected with Fryderyk Skarbek, who founded the first school for juvenile offenders in Warsaw Dom Kary i Poprawy. First resolutions established at the same time by Komisja Rządowa Spraw Wewnętrznych i Duchownych ordered prison authorities to found Sunday schools where adult prisoners could be taught writing and reading. Unfortunately, recommendations of central governmental bodies were not enthusiastically received by lower-level administrative authorities. Eventually, seeing little interest shown by province governments in founding educational establishments for juvenile offenders, Komisja Rządowa Spraw Wewnętrznych i Duchownych authoritatively formed schools in four prisons in 1860 (Warszawa, Kielce, Lublin, Płock) where juvenile offenders were conducted from the whole country. Unfortunately, we do not know how the establishments functioned in reality. Th e issue of teaching adult prisoners is alike. The first establishment was formed in a prison in Kielce just in 1853 despite the fact that Komisja Rządowa Spraw Wewnętrznych i Duchownych had already issued a regulation in 1833 recommending running Sunday schools for adults. It is known that such establishments also functioned in prisons in Sandomierz and Radom.

Przepisy Landrechtu Pruskiego z 1794 r. dotyczące pogwałcenia moralności i zdrowia publicznego oraz nierządu

Author(s): Kinga Jackowska / Language(s): Polish Issue: 1/2007

Narratives of Czechoslovak Prison Staff from the Communist Era

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

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

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.

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.

Złodziejki pochodzące z Wielkopolski wschodniej osadzone w domu karnym w fordonie w okresie międzywojennym

Author(s): Magdalena Juszczak / Language(s): Polish Issue: X/2023

The article presents the results of the analysis of files of thieves from Eastern Greater Poland impris- oned in the Penitentiary House in Fordon in the interwar period. A sociodemographic portrait of inmates, indictments, description of individual crimes and sentences as well as early release under the amnesty law were presented.

NASILJE U ZATVORSKOM SUSTAVU TE ANALIZA STEGOVNIH PRIJESTUPA ZATVORENIKA U CENTRU ZA DIJAGNOSTIKU

Author(s): Ivica Luketić / Language(s): Bosnian,Croatian,Serbian Issue: 9/2024

Violence is a problem for prisoners and officials in the prison system. The paper deals with the issue of violence in the penal system, with special reference to the beginning of serving a prison sentence. How the prison system in the Republic of Croatia reacts to violent perpetrators of disciplinary offences, are the imposed disciplinary measures adequate to the committed disciplinary offenses in order to deter the violent prisoner from future violent behavior while serving the prison sentence. The research part presents and analyzes data on the social anamnestic, diagnostic and criminological characteristics of perpetrators of disciplinary offenses due to violent behavior at the very beginning of their prison sentence in the Republic of Croatia. The research was conducted on prisoners who committed disciplinary offences, between January 1, 2020 and December 31, 2023, and who were serving their prison sentence in the Diagnostic Center in Zagreb. A Questionnaire was created for the research, which was arranged so that the collected data would be suitable for the application of multivariate data analysis. In the paper, the author gives his comments, clarifications and possible recommendations for future research. The aim of the work is to show, as well as warn about the fact that there are prisoners who continue to behave violently in the prison system, and on the other hand, how the penal institution responses to such behavior, with the application of the descriptive method, data synthesis and meta analysis.

ZATVORI KAO INKUBATORI NASILJA

Author(s): Nebojša Macanović,Nermin Mulaosmanović,Danilo Mrković / Language(s): Bosnian,Croatian,Serbian,Montenegrine Issue: 9/2024

Although the conditions in prison are trying to approach the conditions in freedom, prisons are still an artificial creation that encourages the violence of prisoners during their prison sentence. Violence is a tool in prison that is a feature of both the formal and informal systems. Formal because it still serves as a means of disciplining and punishing individual prisoners, while with the informal system it serves as a means of advancement in the prison pyramid and the rule of the stronger law. Both systems support violence. Among prisoners, violence is a normal phenomenon, and often fort heir own safety some prisoners pay other prisoners to protect them from other individuals or informal groups. In this paper, we will point out the relationship between the formal and informal prison system, and how much the psychological atmosphere in the prison affects the occurrence of violence.

ZATVORENICI OVISNICI I NASILJE U ZATVORIMA

Author(s): Mitar Radonjić,Jelena Vuković / Language(s): Bosnian,Croatian,Serbian,Montenegrine Issue: 9/2024

Violence in prisons is a frequent phenomenon, and the cause of such behavior is severe deprivations, conflict between informal groups due to the territory inside the prison, intolerance of prisoners, conflicts that often occur between accomplices or daily disputes that occur outside the prison. However, in larger penitentiary systems, violence also occurs due to intoxicants, which are often a profitable business during the prison sentence, and which also carry a great risk. Addicted prisoners represent a growing category and population within prisons. In this paper, we want to point out the problem of narcotic drugs within the prison system, which is often the reason for conflicts between drug addicts and prison gangs, which often leads to larger conflicts. Although the formal system works to prevent introduction, suppress the sale of narcotics and punish dealers and addicts, this problem is present in almost all prison systems.

IZVRŠAVANJE ALTERNATIVNIH SANKCIJA U REPUBLICI HRVATSKOJ

Author(s): Branko Peran,Mirko Goreta,Vedran Milković / Language(s): Bosnian,Croatian,Serbian Issue: 9/2024

The problem of overcrowding in prison systems is expressed all over the world, and the same problem of overcrowding exists in the Republic of Croatia. Bearing in mind the above, it was inevitable to introduce new, alternative forms of sanctions in order to relieve the prison system. When we are talking about alternative sanctions, it should be pointed out that alternative sanctions are all forms of punishing prisoners that do not include institutionalization, and in the Croatian legal system, these are protected supervision and work for the common good at liberty. Both types of alternative sanctions aim for the convict to repay his debt to society and to serve the sentence assigned by the court, but not to jeopardize his socialization and not to separate him from the environment in which he lives. The paper deals with alternative sanctions as sanctions that do not include institutionalized forms of punishment, i.e., punishment in the form of social isolation that is carried out in prison systems. Alternative sanctions keep the convict in his environment, but with the obligation to serve the sentence assigned by the court, but also to educate and progress in order to avoid repeating the crime for which he was convicted. Alternative sanctions are determined in accordance with the personality of the convict, with his consent and taking into account the degree of gravity of the crime he committed, so that the convict's remaining at liberty does not represent a security risk for the environment. The aim of the paper is to describe the concept, principles of implementation, historical development and forms of alternative sanctions and the organization of the probation system in the Republic of Croatia, with special reference to the organization of the probation system, its organization and the activities of the Probation Sector operating under the Ministry of Justice, as well as the tasks of the Central Office, probation offices, competencies of probation officers and commissioners, i.e. cooperation with other institutions and international cooperation. It should be emphasized here that probation is a new system established in the Republic of Croatia, the purpose of which is to humanize the execution of criminal sanctions and more effective resocialization and reintegration of perpetrators of criminal offenses into the social community.

„Sunkiose grandinėse“: elgesys su karo belaisviais Vokiečių ordino valstybėje Prūsijoje, Lenkijos karalystėje ir Lietuvos Didžiojoje Kunigaikštystėje XV amžiaus pirmoje pusėje

Author(s): Antanas Petrilionis / Language(s): Lithuanian Issue: 52/2023

This article delves into a analysis of the treatment of prisoners of war during the late 14th and 15th centuries. The study not only examines the challenges encountered by the prisoners themselves, as documented in their letters, but also sheds light on the difficulties faced by the officials of the Teutonic Knights and lords involved in their release and care. The work highlights the most salient aspects of captivity, including the deprivation experienced by the prisoners, the means by which they were able to obtain basic necessities such as food and clothing, and the types of places in which they were typically detained. Moreover, the article explores the various factors that influenced the behavior of both captors and captives, and distinguishes between the appropriate and inappropriate treatment of prisoners based on the established norms of medieval times.

Akta sądowe osób skazanych po wojnie na karę śmierci z powodów politycznych w zasobie Instytutu Pamięci Narodowej. Perspektywa egodokumentalna

Author(s): Jerzy Bednarek / Language(s): Polish Issue: 18/2024

Historians estimate that in Poland, between 1944 and 1956, more than a million people went through Stalinist prisons and camps, including around 100,000 sentenced by special military courts for the so-called anti-state activities. These courts passed at least 5650 death sentences, with as many as 2810 carried out. In this case, the Military District Courts (Polish: Wojskowe Sądy Rejonowe, WSR), established in 1946 and operating until their dissolution in 1955, were particularly repressive. Their task was mainly to judge civilians accused by the security apparatus of carrying out the anti-communist activity. Previously scattered materials, preserved after the operations of the military courts, were collected and merged in the archives of the Institute of National Remembrance (Poland), created in 2000. The case files of persons sentenced to punishment also include documents that have the character of self-testimonies. These are interrogation protocols, minutes of the main hearing, and requests for pardon. Materials of this kind, analysed from the perspective of their ego-documental value, can better explain the motives for the anti- -state actions and help to determine the state of consciousness of the convicted person in the last days of his or her life.

KRIZNO KOMUNICIRANJE I NJEGOVE SPECIFIČNOSTI U KRIZNIM SITACIJAMA

Author(s): Bernard Tomić / Language(s): Bosnian Issue: 1/2024

Crisis communication is a key aspect of managing situations of uncertainty and potential harm, encompassing strategies and tactics for effective messaging during crises. The specificities of crisis communication involve the need for rapid, clear, and accurate information dissemination to target groups to minimize the negative impact of a crisis. This includes having pre-prepared communication plans, training for spokespersons, and understanding the psychological impact of information on the public. Additionally, crisis communication must be adapted to various media and platforms, with a focus on maintaining transparency and trust. In the modern digital age, crisis communication also faces challenges such as the spread of misinformation and the need for quick responses on social media.

NAJBOLJI INTERES DECE RODITELJA NA IZVRŠENJU KAZNE ZATVORA

Author(s): Violeta Đorđević,Miroslav Brkić / Language(s): Serbian Issue: 2/2024

This paper is based on an analysis of the protection of the best interests of children whose parents are serving prison sentences in the Republic of Serbia. The research aims to identify mechanisms and legal frameworks directed towards their protection, particularly through the application of the principle of the best interests of the child. Through an analysis of relevant laws and legal standards concerning the rights of the child and individuals serving prison sentences, the paper identifies challenges that these children face during their upbringing. The research results indicate insufficiently clear definition of the principle of the best interests of the child, especially regarding the preservation of regular direct contacts between children and parents serving prison sentences. The importance of improving collaboration between professionals in the field of social welfare and the criminal justice system is emphasized, along with their continuous education to ensure adequate support and protection for this vulnerable group. In this regard, there is an indicated need for improvement of laws and policies related to children with parents in prison to ensure effective legal protection and support in the implementation of the principle of the best interests.

HUMAN RIGHTS AND HUMANIZATION OF THE EXECUTION OF PUNISHMENTS IN THE HISTORY OF WESTERN SIBERIA

Author(s): Elena V. Frolova / Language(s): English Issue: 11/2024

The purpose of the study is to compare the Prison Reform of 1879 carried out in Russia with the requirements of the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations in 1955. The study was conducted on the example of the Tobolsk prison complex of the late XIX – early XX centuries, based on practically achieved results. The sources of the study were the materials of the State Archives of the Tyumen, Omsk, Tomsk regions, as well as the State Archives of the Russian Federation. The methodological basis of the study combines two approaches: modernization and civilizational, using two methods: comparative historical and actualization. The scientific novelty of the work lies in a new look at the Prison Reform of 1879 through modern European standards of the rights of prisoners. The results of the Prison Reform of 1879 were compared with the requirements of the UN on the following grounds: prohibition of discrimination, protection of religious rights, compilation of a register of prisoners, their breakdown into categories, sanitary conditions and nutrition, education, libraries, recreation, work and work of prison inspections. The comparison showed that at the turn of the XIX – XX centuries, the Tobolsk prison complex (“Prison Castle”) was an advanced penitentiary institution of that time, not only generally conforming to European standards of the mid-XX century, but partly surpassing them. The Russian government planned to extend the achieved experience to other places of detention, but the process was interrupted by the revolution of 1905-1907. The results of the study showed that in Russia, the humanization of imprisonment was based not only on the principles of utility and rationalism, but in many respects – on Orthodox ideas of mercy, therefore, initially coincided with future European standards. Meanwhile, some reform measures turned out to be premature, as they were carried out in conditions of exceptional poverty of the rest of the Russian people and the absence of the concept of “human rights” in their lives. This contradiction became one of the links in the system of socio-economic problems that eventually led Russia to revolution.

RECIDIVIZAM U PENOLOŠKOM DISKURSU

Author(s): Adisa Jusić,Nedžad Korajlić / Language(s): Bosnian Issue: 2/2024

Recidivism, defined as the re-engagement of criminal offenders in criminal activities after their release from incarceration, poses a significant challenge for judicial institutions worldwide. This paper explores the causes of recidivism, its consequences for individuals and society, and strategies for mitigating this issue. Through the analysis of relevant literature and data, key factors contributing to recidivism are identified, including social, economic, psychological, and institutional factors. Special attention is given to the challenges faced by judicial services in preventing recidivism, including limited resources, a lack of support for the re-socialization of convicts, and the stigma surrounding reentrants into society. Furthermore, various strategies for reducing recidivism are discussed, such as rehabilitation programs, educational initiatives, employment support, alternative sentencing, and enhanced cooperation between judicial institutions and local communities. Through a comprehensive approach, this paper provides insights into the complexity of the recidivism problem from criminal, criminological, and penological perspectives and highlights the importance of an integrated approach in reducing repeat offenses and building a safer and more just society.