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Result 1141-1160 of 1312
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Judėjimo negalią turinčių paauglių socializacijos patirtys reabilitacinėje įstaigoje

Judėjimo negalią turinčių paauglių socializacijos patirtys reabilitacinėje įstaigoje

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

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

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

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

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

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КАТЕГОРИИ ПРЕСТУПЛЕНИЙ: ВОПРОСЫ ЗАКОНОДАТЕЛЬНОЙ РЕГЛАМЕНТАЦИИ И ДИФФЕРЕНЦИАЦИИ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ

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

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

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

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

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

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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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HULIGANSTVO KRIMINAL I KAZNENA POLITIKA

HULIGANSTVO KRIMINAL I KAZNENA POLITIKA

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

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

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NASILJE U PORODICI U PRAKSI CENTRA JAVNE BEZBJEDNOSTI BANJA LUKA

NASILJE U PORODICI U PRAKSI CENTRA JAVNE BEZBJEDNOSTI BANJA LUKA

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

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

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

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

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

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

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ПРЕДСТАВЛЕНИЯ О СПРАВЕДЛИВОСТИ НАКАЗАНИЯ В ПОДРОСТКОВОМ И ЮНОШЕСКОМ ВОЗРАСТЕ

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

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

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К ВОПРОСУ О ЮРИДИЧЕСКОЙ ОТВЕТСТВЕННОСТИ ЗА НЕУПЛАТУ НАЛОГОВ НЕСОВЕРШЕННОЛЕТНИМИ ДЕТЬМИ

Author(s): Yulia Igorevna Selivanovskaya / Language(s): Russian Issue: 6/2015

The obligation to pay taxes arises with the emergence of an object of taxation and is not related to any specific age range. Minor children who own real estate are obliged to pay the individual property tax. The paper considers the position of tax authorities, according to which lawful representatives are obliged to pay taxes for their minor children, as well as analyzes the possibility to charge these individuals with tax criminal offence for failure to pay taxes by them for their minor children.

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СИСТЕМА УГОЛОВНЫХ НАКАЗАНИЙ НУЖДАЕТСЯ В СОВЕРШЕНСТВОВАНИИ

Author(s): Sergei Vladimirovich Tasakov / Language(s): Russian Issue: 2/2016

Changes in the system of criminal penalties and compliance with the principle of humanism substantiate the need to study the current Russian criminal law. One of the traditional and, at the same time, urgent problems in the system of application of the Criminal Code is the use of different types of punishments. The purpose of this paper is to analyze penalties under the criminal legislation of Russia and a tendency to humanization of criminal laws and the provisions of Arts. 44 and 45 of the Criminal Code of the Russian Federation, as well as to determine the importance of addressing the problematic relationship between the norms of the Russian legislation. The purpose of the research is achieved on the basis of the analysis of the norms of the current Russian criminal law. Special attention is paid to the Criminal Code, summary statistics on the status of a criminal record in Russia. The methodological potential includes comparative law and complex analysis making it possible to compare the content and value bases of various types of punishment. The author examines the types of punishment and suggests making certain changes to the current Russian legislation aimed at its further perfection through improvement of the criminal law. The study of the existing penal laws allows us to understand on what the arguments are based, the substance and content of the system of criminal penalties, as well as to explore the legal problems of application of different types of punishment with account of the criminal law and perfection practice in order to eliminate the existing contradictions. The current criminal punishment system requires adjustments, including timely and legal regulation of certain types of punishment. As a result of the research and the proposals made for improving the system of criminal punishment, the point of view on the possibility of a more effective achievement of the objectives of punishment and on the implementation of the principles of justice and humanism is justified.

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Korupcja w sektorze prywatnym w Estonii

Korupcja w sektorze prywatnym w Estonii

Author(s): Ernest Szczęch / Language(s): Polish Issue: 29/2016

The article describes commercial bribery in Estonia. The author focused mainly on analysing the normative structures of the Estonian Penal Code. The work includes elements specific to the local legal system, such as the link between corporate liability and criminal liability. The author proves that Estonian legal practices could be succesfully implemented into Polish law.

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Sprawozdania z konferencji

Sprawozdania z konferencji

Author(s): Andrzej Chmiel,Grażyna Grabarczyk,Jarosław Kostrubiec,Anna Kalisz,Małgorzata Stefaniuk,Mirosław Karpiuk / Language(s): Polish Issue: 3/2014

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Uwagi o rozwoju polskich rozwiązań prawnokarnych (projektowanych i realizowanych) w zakresie traktowania nieletnich

Uwagi o rozwoju polskich rozwiązań prawnokarnych (projektowanych i realizowanych) w zakresie traktowania nieletnich

Author(s): Tadeusz Bojarski / Language(s): Polish Issue: 1/2013

The paper is devoted to the problem of treatment of juveniles in the context of the evolution of Polish legal solutions and views of Polish lawyers on the rules of treatment of juveniles. The author begins by referring to the first known examples of Polish practice, and, by reference to Professor Klementowski’s work devoted to these issues in old law and to W. Maisel, he points out the elements of humanism in the Polish practice of using measures towards juveniles during the medieval period and later. He shows Polish ideas for substantive-law solutions (the Code of 1818) and the executory practice connected with punishment of juveniles. He emphasizes inter alia the importance of the institution for juveniles set up in Studzieniec in 1876. The author also deals with the question of juvenile courts, and the first attempts to establish such courts after Poland regained independence in 1918. In particular, he takes into account the draft bill on juvenile courts of 1921, showing the positive aspects of the proposed solutions. The assumptions for this draft were partly adopted by the criminal code of 1932. The next part of the study focuses on the current legislation in force related to the 1982 law on proceedings in juvenile cases. The author characterizes its basic assumptions: the concept of the child in danger, the principle of the child’s interest, the individualization principle, and the principle of examination of juvenile cases by the court. With regard to the first – preventive – assumption, this law refers to the Draft of 1921. The author gives a positive assessment of solutions in the law in force with regard to model assumptions. He does not share the views aiming at the complete transformation of the current statutory system of treating juveniles. He does not accept the conception of some years ago, which planned to make these proceedings more penal, but he also expresses his belief that it is not a good idea to introduce only the mode of proceedings based on civil procedure into the proceedings regarding juvenile cases. The fundamental absence of this solution is associated with the actual situation: about two thirds of juvenile cases that are the matter of these proceedings are cases on prohibited (punishable) acts. In this matter, civil procedural solutions are not appropriate.

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Panoramiškumas ir panoptiškumas senovės graikų kultūroje: apie antikines panoptikumo idėjos ištakas

Panoramiškumas ir panoptiškumas senovės graikų kultūroje: apie antikines panoptikumo idėjos ištakas

Author(s): Naglis Kardelis / Language(s): Lithuanian Issue: 12/2017

The author of the article focuses on the origins of the idea of panopticon in Classical Antiquity. Though the point of departure is the concept of the panopticon as an architectural structure, for example, a panoptic prison or factory, as envisaged by Jeremy Bentham in the late 18th century, the author, seeking to trace the beginnings of this idea in the ancient Greek culture, treats the concept of the panopticon both in the broadest possible sense and in that sense which might be viewed as a direct anticipation of the modern (Benthamian) concept of panopticon. First of all, in the first chapter of the article, starting with the analysis of the words “panoramic” and “panoptic”, the author draws attention to the fact that both these words, strictly speaking, are of a rather late coinage (though the adjective panoptēs, employed as an epithet of some gods and other mythological beings, is already attested in the corpus of Classical literature), yet each of them has two easily recognizable Greek roots: the meaning of the first one, namely, pan-, is “all”, and the meaning of the second one is “visual, optical”. After discussing some subtle semantic differences between the meanings of the words “panoramic” and “panoptic”, the author briefly presents a few examples of Greek mythological narratives illustrating the “panoptic” abilities of some divine beings. In the second chapter of the article, the author discusses the varieties of “panoramic” and “panoptic” phenomena (as well as certain “panoramic” and “panoptic” aspects of some other phenomena) in Classical Greek philosophy, mainly focusing on the philosophical importance of vision and visuality in Greek experience and theoretical thinking, as well as on some specific “panoramic” and “panoptic” features inherent in the ancient Greek world-outlook and general mindset. By way of the examples drawn mainly from the works of Plato and Heraclitus, but also from such fields as mythology, geography, and architecture, the author presents an argument for the close affinity, interrelationship, and interdependence between the logocentric and optocentric traits in Greek experience, philosophical thought, and general mindset. The “panoptic” character of Classical Greek culture is analyzed not only in terms of the conceptual and experiential interrelationship between the optocentric and logocentric traits in Greek world-outlook, but also from the point of view of the hypothetically reconstructed everyday experience of ancient Greeks. A few examples from the works of Plato and Heraclitus are presented in order to demonstrate the existence in the ancient Greek thought of those aspects of Greek “panoptic” phenomena that might be viewed as direct and rather exact anticipations (replete with all necessary judicial references and connotations) of the modern concept of panopticon as envisaged by Jeremy Bentham. At the end of the article, the author draws a conclusion that, despite the absence in the ancient Greek language of the word “panopticon” as a precise technical term with contemporary meaning, various approximations to the contemporary concept of panopticon, including both vague intimations and very close anticipations of the modern concept, already existed in the culture and mental landscape of Classical Antiquity. It is also very important to observe that the ancient Greek correlates of the modern concept of panopticon were imbued with a much broader spectrum of philosophically significant meanings.

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FAMILY AS A FACTOR FOR RECIDIVISM AMONG CHILDREN IN CONFLICT WITH THE LAW

FAMILY AS A FACTOR FOR RECIDIVISM AMONG CHILDREN IN CONFLICT WITH THE LAW

Author(s): Sunčica Dimitrijoska,Natasha Bogoevska / Language(s): English Issue: 4/2019

The increase of the number of children who are recidivists in perpetration of criminal acts indicates that there is inappropriate response to the needs of the children. The stratification, poverty and unemployment result with revolt of the children towards the dysfunctional system, which leads to aggressiveness and violence. The family, namely the parents are role models for perception of positive identification at children and imposing of own parenthood styles (authoritarian style, permissive style, democratic style or indifferent style). The disfunctionality of family leads to incapability for fulfilment of the obligations for assistance, care and protection of the children. The conducted research with the families related to the profile of the recidivist children in conflict with the law, resulted with cases of: children living with both parents, children with a status of children born in marriage, family not in position to control the child’s behavior, serious social problems in the family, parents with completed primary or secondary education, employed father, unemployed mother, beneficiaries of social financial assistance or with salary above 21.000 denars and children living with the parents in their own house. The results from the conducted research indicate the need for long-term solutions for proactive interventions through modification of informal and formal mechanisms in line with the needs of the children in conflict with the law. Interventions should be based on professional work with the children, their families, utilization of the local resources in the community through intensive family therapy and established support network; overall planning, implementation, monitoring and evaluation of the interventions; and modification of interventions according to the individual needs of the children.

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Međunarodna regulacija otmica djece

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
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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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Phil Willmot and Lauwrence Jones (eds). Trauma-Informed Forensic Practice
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Phil Willmot and Lauwrence Jones (eds). Trauma-Informed Forensic Practice

Author(s): Martine Herzog-Evans / Language(s): English Issue: 1/2025

Review of: Phil Willmot and Lauwrence Jones (eds). Trauma-Informed Forensic Practice. London & New York: Routledge, Issues in Forensic Science, 2022; 431 pp.: ISBN: 978-0-367-62691-4.

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