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Dnevnički zapis Osmana Nurića iz Sokola o boravku u zarobljeništvu 1945. godine

Author(s): Edin Šaković / Language(s): Bosnian Issue: 45/2018

The author presents the notes of Osman Nurić (1926 – 1965) from Sokol, a prisoner of war and a participant of the so called Death Marches of 1945. Most survivors of such horrors were fearful and didn’t dare to write or publicly speak about their experiences while the totalitarian, communist regime was still in control. These notes have a special historical significance for these reasons, even though they are in a short and lapidary form.

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ФЕМИЦИД КАО ОБЛИК РОДНО ЗАСНОВАНОГ НАСИЉА

Author(s): Slobodanka Konstantinović Vilić / Language(s): Serbian Issue: 64/2013

The most severe manifestation form of violence against women is femicide - the sexis and mizogenic killing of females by males. The unique and general definition of femicide is not yet established, which makes statistical monitoring of femicide even more difficult, both in the international and national level. About femicide can be learned through the media, the police reports, through various estimations of the number of victims, through studies about mortality rates for women. But still, the though “dark figure” remains in increase. Murders of female inmates/spouses/partners are rarely described in media as a result of the growing violence in the family; on the contrary, when reporting on these crimes, women is the one to blame in order to justify the perpetrator in the public. Suicides of women who suffered years of domestic violence are also not included as femicide, although the suicide is the result of chronic manifestations of violence women suffered from the partner. The prevention of femicide prevention includes general measures and activities aiming to reduce patriarchal patterns of gender socialization, redefining gender roles, information and training skills of non-violent conflict resolution, abandonment of the the contol, power and domination concept. At the individual level, it is also important to educate women about the risk of victimization, how to prevent an escalation of violence into femicide, how to get protection, help and support on time. The legal reform in the field of subject is necessary in order to establish femicide charges and punishment measures, as well as early detection and response in any case of femicide behavior.

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ОДМЕРАВАЊЕ КАЗНЕ ЗА КРИВИЧНО ДЕЛО УЧИЊЕНО ИЗ МРЖЊЕ

Author(s): Dušica Miladinović-Stefanović / Language(s): Serbian Issue: 64/2013

Within the scope of amendments and supplements to the Serbian Criminal Code of 2012, the legislator introduced a special circumstance for sentencing the perpetrators of hate crimes. Thus, if the criminal offence has been committed out of hatred on the grounds of another’s race, religious creed, national or ethnic origin, gender, sexual orientation or gender identity, this special circumstance shall be regarded by the court as an aggravating circumstance (unless it has been explicitly prescribed as an element of the criminal offence at issue). Taking into account a relatively short period from introducing this legal institute into our criminal law system, this legal provision has not been subject to theoretical analysis, nor has it been more substantially applied in the judicial practice; thus, there is a lack of clear and specific standpoints on this legal institute. In this article, the author endeavors to address two key questions: 1) whether it is justifiable to introduce such a special circumstance in sentencing hate crimes, particularly having in mind the overall capacities of our national legislation prior to introducing this legal norm, the existing trends in respect of hate crimes in our country, the obligations stemming from international documents, and the comparative law experiences; and 2) what kind of problems may be encountered in the application of this legal norm and how these problems may be handled.

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КРИВИЧНО ДЕЛО УБИЈАЊЕ И МУЧЕЊЕ ЖИВОТИЊА – МАТЕРИЈАЛНИ И ПРОЦЕСНИ АСПЕКТ

Author(s): Ana Batrićević,Ivan Ilić / Language(s): Serbian Issue: 64/2013

In the Republic of Serbia, animal cruelty has been envisaged as a criminal offence since 1st January 2006 when the new Criminal Code entered into force. The new criminal offence was introduced into our criminal legislation and designated as “Killing and Wanton Cruelty to Animals”. In an attempt to keep up with international standards regarding animal welfare, the Serbian legislator also adopted the Animal Welfare Act in 2009. These legislative acts provided for establishing a satisfactory normative framework on this matter. In spite of the innovative legal provisions contained in these acts, the state reaction to various forms of animal cruelty in Serbia still appears to be insufficient in comparison to other developed countries, such as the USA or the EU member states. In that context, the authors analyze the forms of the criminal offence of killing and torture of animals as prescribed in our current criminal legislation. Further on, the authors point out to the major difficulties that might appear in the course of criminal proceedings against the perpetrator of this criminal offence. Ultimately, the authors offer some propositions which may improve the present theoretical and practical solutions in this area of criminal law, as well as some guidelines for the jurisprudence which may help improve the efficiency of criminal proceedings against the perpetrators of this crime.

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ПОЛИТИКА СУЗБИЈАЊА ХОМИЦИДА

Author(s): Darko Dimovski / Language(s): Serbian Issue: 63/2012

Being an integral part of criminal policy, repression does not seem to produce appropriate results either in reducing the overall crime rate or in diminishing criminal violence (such as, murder). For this reason, it is necessary to take appropriate action aimed at preventing the commission of these criminal offences, which may most efficiently be done by means of mass media and the educational system (schools). Starting form this assumption, the author focuses on the specific examples illustrating the use of mass media and schools in the prevention of violent crimes with lethal consequences.

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Victims’ Categorizations: Making Sense of Purges in Karelia and on Solovki

Author(s): Daria Khlevnyuk / Language(s): English Issue: 2/2018

During the ”Archipelago of Common Memory” Summer School our group traveled through Karelia to the Solovetskie Islands. Participants of the school visited museum exhibitions dedicated to the White Sea–Baltic Sea Canal in Medvezh’egorsk (the former center of the canal’s construction) and Povenets (the canal’s current administrative headquarters); the Solovetskii museum, including exhibitions about the “new martyrs” and the history of the Solovetskii camp; Sandarmokh, the site of mass executions of Soviet victims; and memorial sites on Solovetskie Islands. This essay presents preliminary results of my research in which I focus on the narratives presented in different memory sites, including museums and memorials. I show how the victims of Soviet purges are portrayed at the different sites. One of the issues that became apparent during the summer school is that narratives about purges represent victims of these purges differently. A categorization of victims is often present. On Solovki, in the monastery exhibition, the victims are categorized by their religion, and Orthodox victims are made more visible than others. On the Avenue of Remembrance on Solovki and on Sandаrmokh victims are categorized by their nationality: diasporas have put up memorials to their compatriots. At the White Sea–Baltic Sea Canal Museum in Povenets, on the other hand, victims are represented through the eyes of the canal administration as either hard working or lazy. The categorization of victims illustrates some issues surrounding Russian memory of the Soviet purges more broadly—the lack of a single national narrative about the Soviet past and the drive to make sense of this difficult past.

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Bracia miesiące: świadectwo sprawców

Author(s): Joanna Tokarska-Bakir / Language(s): Polish Issue: 3/2018

Based on archival research at the Institute of National Remembrance (IPN), Tokarska-Bakir explores the murders of Jews committed by diversionary units of Peasant Battalions and the Home Army in the southern Kielce region during the third phase of the Holocaust.

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Bullies and Victims in Primary Schools

Author(s): Dorottya Kisfalusi / Language(s): English Issue: 1/2018

This study examines the associations between four types of peer-reported bullying and peer-reported victimization (mocking, physical bullying, negative gossip, cyberbullying), and students’ ethnicity and academic achievement among sixth-grade Hungarian primary school students. For data analysis, multilevel regression models are used. Based on the analysis of 27 classes, it was found that students’ self-declared ethnicity is not significantly related to bullying and victimization among students with higher socio-economic status. In some models, however, a significant interaction term between ethnicity and low socio-economic status has been found, showing that among low status students, Roma ethnicity is more strongly associated with bullying and victimization than among high status students. Furthermore, there is no sign of the acting white phenomenon among the students in the study in general and among the Roma students in particular. In contrast, students having higher grades are less likely to be nominated as victims of any form of bullying except for mocking.

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ВИКТИМИЛОГИЈА - САВРЕМЕНИ НАУЧНИ ПОГЛЕД НА КРИМИНАЛИТЕТ И ЊЕГОВУ ЖРТВУ

Author(s): Miomira P. Kostić / Language(s): Serbian Issue: 53/2009

In this article, first of all, the author shortly has pointed out to the various ideas during the period of the victimology development as the independent scientific discipline as well as the subdiscipline of criminology – from the penal toward the general victimology. The author has presented the critical attitudes of the victimologists about the general victimology and also the attitudes to the penal and feminist oriented victimology, as well. Also, in the article there are some knowledges about the resilience during the treatment of the victims of crime.

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Lytinių nusikaltimų prieš vaikus prevencinės priemonės

Author(s): Mantas Liesis / Language(s): Lithuanian Issue: 67 (1)/2010

In 2009 in Lithuania after paedophilia scandal the problem of effective preventive measures in cases of sexual crimes against children arose. In the article surgical castration, chemical castration, special registry for people who made sexual crimes are discussed. The author is sceptical about surgical castration and special registry for the offenders. Surgical castration is inhuman and degrading measure which violates basic human rights. Special registry for the sexual offenders lacks efficiency, does not answer the question why we need separate registry for sexual offenders. The author thinks that chemical castration may be applied in exceptional cases when very dangerous sexual crimes against children happen. Under the Criminal Code of Lithuania the man who has diminished responsibility and made very serious crime may be punished in a more lenient way but no treatment may be imposed to such offender. It is useful to ammend these provisions in order we could apply compulsory medical treatment for sexual offenders with diminished responsibility. Also it is useful to complement the provisions of Criminal Code in a way the court could impose the sexual offender to participate in special treatment programs in cases when a punishment is not imposed also in probation cases. Finally the sexual education as one of the most effective preventive measures of sexual crimes is overviewed in Lithuania. The author stresses that current sexual education is based under the norms of Catholic Church which is very influential in Lithuania. The need for the alternative view to sexual education is stressed.

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Omosessualità e sacerdozio. Il nodo gordiano – dei cattolici?

Author(s): Andrzej Kobyliński / Language(s): Italian Issue: 1/2017

This article provides a short overview on the relationship between homosexuality and the Catholic priesthood. The analysis reveals that the phenomenon of homosexuality increasingly divides the Christian world. The understanding of homosexuality requires interdisciplinary and serious analysis. The crucial question for Catholics, which is rather of an ontological than moral nature, concerns the vision of the priest who acts “in the person of Christ” (in persona Christi). The understanding of the essential elements of the conformity of the Catholic priest to Christ seems to be crucial for the correct interpretation of the relationship between homosexuality and the priesthood.

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(Nie)konstytucyjne przeciwdziałanie przestępczości na tle seksualnym wobec nieletnich

Author(s): Natalia Woszczyk / Language(s): Polish Issue: 3/2018

The article addresses the issue of alterations to the bill preventing sexually motivated crime in relation to the constitutional rights. The author presents and analyses the new regulation with emphasis on the unknown for the polish legal system solutions such as Sex Offenders Registry which will be accessible in two versions: with limited access and to the general public, and a publicly available map of sexual crime threats. What is more, doubts are raised as to the effectiveness of the measures to reduce sexual offenses.

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Losy kobiet w obozach na Górnym Śląsku po zakończeniu II wojny światowej (wybrane zagadnienia)

Author(s): Zygmunt Woźniczka / Language(s): Polish Issue: 1/2018

The subject of the essay are fates of women in the camps in Upper Silesia after the termination of World War 2. These camps secured primarily the isolation against the nationality verification and displacement or exploitation as a slave workforce. The author indicates that rape, terror and murder were the actions undertaken by the degenerated guards, often with sadistic inclinations, who felt their impunity. The determinants of these events and the dynamics of victimization are discussed. Gradually, the physical violence was replaced with exterminating labour. After release from the camps the women found it very difficult to adapt to new conditions of life. It was often difficult for them, if not impossible, to start a family and raise children. They were left with deep trauma that haunted the former inmates until the end of their lives.

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The Enforceability of the Victim – Offender Mediation Settlement in the Context of the Idea of Restorative Justice

Author(s): Barbara Jadwiga Pawlak / Language(s): English Issue: 3/2018

The European Union is committed to protect and establish minimum standards with regard to victims of crime. Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime. The Directive builds upon the key principle of the ‘role of the victim in the relevant criminal justice system’, so that any victim can rely on the same basic level of rights, regardless of their nationality and country in the EU in which the crime took place. The core objective of this Directive is to assume an individual approach to victims’ needs and to offer protection for victims of certain crimes, in particular, due to the risk of secondary victimisation. In this text, I am going to concentrate on the problem of enforcement of settlements reached in the presence of a mediator and to show samples of the results from qualitative and quantitative studies conducted in Łódź. The research aim is to show that the idea of restorative justice, in the light of the victim’s right to remedy of damage, when the settlement reached in the presence of a mediator is not performed, is fiction because it is only the perpetrator who benefits from the beneficial procedural effects of the settlement while the victim may be subject to secondary victimisation. I’d like to show a few important facts that should be taken into consideration when referring a case to mediation and when conducting a restorative justice process and current practice it in Poland.

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Tożsamość w cyberprzestrzeni: implikacje zjawiska cyberprzemocy wśród adolescentów

Author(s): Joanna Grubicka,Anita Jopek / Language(s): Polish Issue: XVII/2017

Cyberspace is a place of many opportunities that allows young people to search and create their own identity. Unfortunately, interacting (being) in a virtual world is seemingly safe can promote the development of many negative phenomena such as cyberbullying and the occurrence of threats and dangers to adolescents.

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Rescuing an Unconscious Victim

Author(s): László Komjáthy,György Kós / Language(s): English Issue: 23/2017

In contrast with common belief, in the case of damage events associated with fire a significant portion of victims die not as a result of burn injuries but suffocation. In modern architecture, including hotels, synthetic materials are broadly applied that produce toxic substances when they burn. In addition to toxic substances, the risk of suffocation is also increased by the depletion of oxygen as the fire spreads. Thus, for the successful rescue of the people whose lives are directly or indirectly endangered, their fast evacuation from the scene is of fundamental significance, even by causing material damage.

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Stripping Humanity: Dehumanisation of Victims and Perpetrators in Gross Human Rights Violations Tested in the Bosnian Case

Author(s): Federica Sustersic / Language(s): English Issue: 6/2015

The essay examines the role of dehumanisation in the context of gross human rights violations, especially focusing on the Bosnian War. This psychological manoeuvre exists in every human society, however I argue that it particularly plays a crucial role in the case of mass violence. By stripping away the humanity of a targeted group, the perpetrators in fact lose moral constraints against violence and cruel behaviours toward the dehumanised victims are no longer inhibited. In the following pages, thus, after having provided a working definition of what does it mean to dehumanise, I will briefly investigate how dehumanisation concretely operates in the most atrocious abuses. Consequently I will consider how are the victims affected both at symbolic and physical level, namely in the way they are represented as well as treated. To conclude I will argue that dehumanisation is not a one-way phenomenon: it impacts perpetrators as well, depriving them of their personal agency and empathy and turning them into deathly tools without a will. The aim of this brief research is to suggest that, in the aftermath of mass violence, beside the reconstruction of infrastructures and institutions, also rehumanisation is absolutely necessary to rebuild a society afflicted by interpersonal devastation.

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Człowiek na krze

Author(s): / Language(s): Polish Issue: 12/1994

Rano budzę się bardzo wcześnie, jest jeszcze ciemno, w szyscy śpią. Jest mi czegoś żal, czyżby więzienia? Uspokajam się, że tutaj zawsze łatwo wrócić. Coraz wyraźniej odczuwam lęk przed wyjściem na wolność, wiem, że będę się tam czuł osamotniony, inny, nie zrozumiany przez drugich. W iem także, że w iele spraw, które dla tamtych na wolności są drobnostką, dla mnie okażą się problemem. Kiedyś inaczej wyobrażałem sobie powrót. [1958, więzienie w Brześciu]

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Sąsiedzi raz jeszcze

Author(s): Elżbieta Janicka / Language(s): Polish Issue: 14/2018

"Tutsi w Rwandzie i Żydzi w Polsce: ofiary tej samej nienawiści? Imaginaria historyczne i nienawistne w mordach na sąsiadach” to książka o społeczno-kulturowej prawomocności zbrodni. O tym, jak zbrodnia jest konstruowana/ produkowana. Namysł Sidiego N’Diayego sytuuje się w nurcie nauk społecznych rozumiejących, wyposażonych w narzędzia teorii krytycznej. Należy do nich tytułowa kategoria imaginarium. Według Charlesa Taylora imaginaria społeczne to „sposoby, w jakie ludzie wyobrażają sobie swoją społeczną egzystencję, jak przystosowują się do innych; także oczekiwania, które zwykle się spełniają, oraz głębsze normatywne koncepcje i obrazy leżące u ich podstaw, […] to wspólne rozumienie spraw, umożliwiające wspólne praktyki i powstanie poczucia prawomocności podzielanego przez szerokie grupy społeczne”2. Kategorię imaginarium uzupełniają kategorie pola symbolicznego (Pierre Bourdieu) i wzorów kultury (Ruth Benedict). Innymi słowy, mordy na sąsiadach to dla Sidiego N’Diayego konstrukcja/produkcja znacząca: tekst kultury.

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Przejrzystość, odpowiedzialność i prewencja

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Przejrzystość, odpowiedzialność i prewencja

Author(s): Ewa Kusz,Joanną Kociszewską / Language(s): Polish Issue: 674/2018

O sytuacji w Polsce trzeba mówić jak o elemencie większej całości. Kryzys w Kościele dotyczący wykorzystywania seksualnego nieletnich nabrał charakteru globalnego. Problemem okazały się nie tylko przestępstwa niektórych duchownych, lecz także reakcje kościelnych przełożonych.

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