Atpildo teisingumas: problemos ir paradoksai

Author(s): Karolis Jovaišas / Language(s): Lithuanian / Issue: 56 (2)/2007

Only the problem of proportional and justice punishment, which expresses one of many aspects of justice, is analysed in Lithuanian legal literature. Comprehensive, objective and impartial analysis of justice in this article makes it possible to state, that in spite of broad sceptical attitude towards moral relativism, justice is not just a valuable but also relative category. At the same time the problems of justice may be discussed not in abstract level, but only in the context of concrete social behaviour, which is caused by many reasons. On the grounds of this principal position, the necessary and sufficient conditions of execution of justice are analysed in the article. There are also analysed the criteria helping to ground the influence of both the objective – the insecurity level and the nature of the criminal act executed – and valuable – the character internal and valuable orientations of perpetrator’s personality – criteria in proportional and justice punishment.

AUSTRALIA’S 1996 GUN LAW REFORMS HALTED MASS SHOOTINGS FOR 22 YEARS: A RESPONSE TO CRITICISM FROM GARY KLECK

Author(s): Simon Chapman,Philip Alpers / Language(s): English / Issue: 1/2018

We reply to criticisms made by prominent anti-gun control researcher Gary Kleck of our widely reported 2016 study on the impact of Australia’s historic 1996 gun law reforms on mass shootings and firearm-related deaths. Thirteen mass fatal shootings in 18 years were followed by 22 years with no such incidents, with the probability of this being a chance occurrence calculated at 1:200,000 against. We concentrate on Kleck’s efforts to repudiate our conclusions by redefining mass shootings; his argument that mass shooters do not maximise the lethal potential of their semi-automatic weapons and so could just as well use (legal) single shot firearms; and that when mass shooters move about in their shooting locations, such events are improperly classified as mass shootings, rather than “sprees.”

Axhendë shqiptare për sigurinë rajonale

Konferencë realizuar nga Insituti për Demokraci e Ndërmjetësim, me mbështetjen e Divizionit të Diplomacisë Publike të NATO-s (mars 2006)

Author(s): Author Not Specified / Language(s): English / Publication Year: 2006

Albania is progressing steadily because of its membership in NATO. Since the early 1990s, Albanians governmenta have embraced the principles of collective security of NATO and have undertaken institutional reforms necessary to become part of the alliance.

AНАЛИЗА СОЦИО-ЕКОНОМСКОГ СТАЊА ПОРОДИЦА ЗАТВОРЕНИКА НА ПОДРУЧЈУ ОПШТИНЕ ДЕРВЕНТА

Author(s): Ljubinka Lazić,Deana Đekić / Language(s): Bosnian,Serbian / Issue: 5/2020

Crime as a social deviation and a phenomenon that has a general social character, also has family consequences. The conditions and socio-economic condition of the family are important for the life of all its members. They are especially important as predictors of negative phenomena in the family, but also as factors of proper development and life of family members. Crime as a socio-pathological phenomenon is in a significant connection with the family of the committer in the sense that the family can act as a protective factor, but also negatively. The aim of this paper was to analyze the socio-economic situation of the families of prisoners from the Municipality of Derventa. Thus, we found that the families of prisoners are in an unfortunate socio-economic position due to unemployment, low educational status of prisoners, as well as unresolved housing status. That the crime and imprisonment stand oposite to the socio-economic condition of the family in a cause-and-effect relationship is the starting premise of this paper and research. Factors influencing the satisfaction of the needs of the family of prisoners and the quality of life of family members are certainly economic stability, ie employment of family members and housing status of the family. Furthermore, we found that the obtained results indicate that socio-economic factors are not alone, but that the interaction of several factors and multiple circumstances adversely affects both the occurrence of unfortunate conditions in the family and its improvement.The significance of this analysis is in the contribution to a better understanding of the situation, problems and needs of the families of prisoners, especially in the transitional conditions of society. The practical significance of the research is in pointing out the need for further research, improving the multidisciplinary approach to problems such as poverty, unemployment, education, and especially towards taking prevention measures, developing alternative criminal sanctions and helping families of prisoners as part of a successful resocialization and reintegration plans.

Background report: Drug Users in Prison – the Norwegian Experience

Author(s): Hedda Giertsen / Language(s): English / Publication Year: 2016

This report is the preliminary research work under the Punishment vs. Treatment: the Situation of Drug Users in Prison initiative which main output is a forthcoming comparative analysis of the treatment of drug users in Bulgarian and Norwegian prisons. The study was prepared by the University of Oslo and it overviews the general context on Norway – general information on the country and its criminal justice system, policy and legislation on drugs explaining what are the perimeters of drug restriction and what are the national policies towards drug use. This information is illustrated with statistics on crime rates and drug crime in particular. It also presents the alternative sanctions available for drug users. Furthermore, the reports looks at prison population using drugs and sentenced to drug-related crimes – what are the principles by which prison authorities are guided in their attitude towards this group of inmates and what programs are available for them in Norwegian prisons.

Background report: Policies on drugs in Bulgarian prisons

Author(s): Dimitar Markov,Maria Doichinova,Lyubomira Derelieva / Language(s): English / Publication Year: 2016

This report provides a snapshot of the situation of drug users in Bulgaria. As it is aimed to serve as a basis for comparative study on policies and practice towards drug users, particularly in prisons, in Bulgaria and Norway, it presents the country’s context – general information on the country and its criminal justice system, policy and legislation on drugs explaining what are the perimeters of drug restriction and what are the national policies towards drug use. This information is illustrated with statistics on crime rates and drug crime in particular. The report also investigates how court looks upon the fact that the accused are using or addicted to narcotic substances within the criminal proceedings and specifically on the type and the term of the sentence. Finally, it looks upon the sanctions available for drug users and their situation once sentenced to imprisonment – what treatment, rehabilitation and harm reduction programmes are available in different prisons.

Battles for Truth in a "Country in Clinical Condition"

Author(s): Aleksander Kiossev / Language(s): English / Publication Year: 2009

In this paper I will focus on the crisis functioning of the institutions under public and media pressure. Institutions whose function is to provide truth and justice will be discussed: I will look at them in the light of one particular case which sparked incredible public debate in Bulgaria in 2001 and caused a clash between the fi rst (the executive), the third (the judiciary) and the fourth ‘power’ (the media), provoked nationwide outrage, and brought Bulgaria to the brink of a political and institutional crisis in a truly unprecedented way. The focus of my analysis will be the ‘truth discourses’ of these branches of power, and more specifically the critical intertwining of ‘truths’ produced by the Bulgarian executive, media and judicial institutions about the case in question.

Baudžiamasis populizmas šiuolaikinėse visuomenėse

Author(s): Fritz Sack / Language(s): Lithuanian / Issue: 68 (2)/2010

The general intention of the author is to widen and enhance the scope of criminology beyond its traditional borders and to encourage a kind of “transgressive criminology”. Although the discipline boasts itself of its interdisciplinarity, criminology could profit by a little more courage in borrowing from still other disciplines and perspectives than what is the usual practice in field of criminology. The pattern of interdisciplinarity which is since long observed in criminology is restricted to those disciplines whose unit of analysis consists of the individual person, excluding more or less any reference to collective and social entities. In the article F. Sack concentrates on reactions to crime by the society and the state. This is the central question which has brought about a kind of paradigmatic shift in criminology in the beginning of the sixties and which is closely connected with a new generation of essentially sociological scholars who were working in the field of crime and social control. H. S. Becker, E. Lemert, D. Matza are the most prominent scholars who have insisted on the importance for criminology of questions of the defining aspects of crime and its “constitution” and “construction”. “Crime” is not just a given “natural” or ontological event, but it has to be defined, “labelled” by persons and institutions that are entitled and “licensed” to do so. The so-called constructionist orientation and perspective in the field of crime analysis and deviance in general has become more or less the dominant position in criminology. The process of criminalization on its different levels has opened up a whole new field and type of criminological studies and has stimulated a host of historical research about the role and functioning of the penal law with respect to social stability and change. F. Sack begins with some comments on the chosen topic, especially on the concept of “populism” in relation to the area of crime and criminal politics that builds the substantial, political, institutional, disciplinary and scientific frame of this conference. In the second paragraph he turns to the question of which specific criteria are used to indicate populist measures and methods in the area of crime control and crime fighting. Finally he deals with methodological and empirical questions about criminological research in the field of criminal politics. Many arguments of the author refer to one of the most prominent studies on punishment and penal policy – D. Garland’s book “The Culture of Control”.

Behind the Iron Curtain (4)

Author(s): / Language(s): English / Publication Year: 2016

This magazine is the English version of selected articles published in the pages of the review Paměť a dějiny (Memory and History) ISSN 1802-8241, which is issued by the Institute for the Study of Totalitarian Regimes.This magazine is the English version of selected articles published in the pages of the review Paměť a dějiny (Memory and History) ISSN 1802-8241, which is issued by the Institute for the Study of Totalitarian Regimes. The original version of the journal Paměť a dějiny (Memory and History) is the part of CEEOL also.

Belgian release policies, rationales and practices

Author(s): Kristel Beyens / Language(s): English / Issue: 3/2019

Belgium has a two-track policy towards prison release: a quasiautomatic administrative release system for those with a prison sentence of up to three years, and a discretionary system operated by multidisciplinary Sentence Implementation Courts for persons with a prison term of more than three years. This article describes, discusses and compares both release systems, with a particular focus on their rationales and consequences and provides updated figures on the use of the different forms of release in Belgium. The principle of relative autonomy will be described as an important legitimation strategy of conditional release. The article explains how the sentence implementation rationale of reintegration is put forward as an important aim of sentence implementation in the law and how it is pursued in practice. The consequences of the increasing use of the ‘gradual system’ of release on the detention trajectory of long-term prisoners will be illustrated.

Between Suicide Bombings and the Burning Banlieues: The Multiple Crises of Europe’s Parallel Societies

Author(s): François Heisbourg ,Amel Boubekeur,Samir Amghar,Rob de Wijk,Alexei Malashenko / Language(s): English / Publication Year: 0

Chairman’s Summing-up (by François Heisbourg) | The Role of Islam in Europe: Multiple crises? (by Amel Boubekeur and Samir Amghar) | The Multiple Crises in Dutch Parallel Societies (by Rob de Wijk) | Islam in Russia in 2020 (by Alexey Malashenko)

Body as a Project: The Relationship Czech Prisoners Have to Their Bodies

Author(s): Lukáš Dirga / Language(s): English / Issue: 6/2017

The text focuses on the relationship inmates have to their bodies during imprisonment. The data presented in this study are based on ethnographic research carried out in Czech men's high security prisons. The data set consists of interviews with partakers from the “world of prisoners”, observations from prisons and analysis of documents relating to Czech prison service. The analysis shows there is a strong relationship between the physical body and the process of constructing manhood/masculinity in the population of inmates. The physical body is one of crucial components of the masculine/macho prison code/culture. The attitude inmates have to their bodies seems to be altering, depending on the stage of imprisonment in which they currently are. For the description of this alteration I use the concept of the body as a project, which may serve as one of the possible ways of understanding the importance of the physical body to inmates during their imprisonment and changing motivations to its further development.

Borba protiv droge putem dekriminalizacije – slučaj Portugalije

Author(s): Jovan Ćirić / Language(s): Serbian / Issue: 2/2012

Portugal in the nineties had big problems with drugs. The number of those who were addicted was very high, also, like the number of deaths by the reason of overdose, or the number of those infected by HIV. Having in mind all of that, the government of Portugal built a new strategy for the fight against drugs. The law on drugs was adopted in 2001. That new law is based on some kind of decriminalization / depenalization. The main innovation was that the person who was found in the possession of 10 daily doses of drugs (never mind of what drugs) for his/her personal use was not prosecuted before classical court and was not put in jail, but he/she was treated by one special panel (tribunal) composed of three persons: one social worker, one lawyer and one physician (usually psychiatrist). That panel has the right to decide what to do with a person who was found in the possession of drugs, but usually that person was sent to some medical institution to be medically treated. So, people were not afraid that they would be sent to the jail and that they would be stigmatized as criminals. One of the main idea was to encourage addicted people to go to hospitals to be medically treated. Many data that was recently collected say that all numbers when the word is about drugs decreased significantly. The word is about the number of those who tried drugs, also like the number of deaths caused by drugs. Nowadays, those numbers are not so high in Portugal like it was before. The situation is similar also when the word is about the number of those with the problem of HIV / AIDS and also when the word is about general statistics of crime committed in the relation with drugs. So, generally, it could be said that new law and strategy in Portugal gave good results in the fight against drugs, even though there are some institutions and organizations, like WFAD (World Federation Against Drugs) that say that the situation is not so good. But some other institutions, like Open Society Fund, CATO Institute, some scientific articles in journals of criminology, present different statistical results. The question of fight against drugs, depends very much on the ideology. Liberals usually say one thing, but conservatives say something completely different. Anyway, it is very important to have in mind Portugal and the situation in Portugal, because from there, we could conclude many things that are important in the fight against drugs.

Borders, Exception and Sovereignty: Australia’s Migration Policies as Instruments of Suspension of (Human) Rights and (International) Obligations

Author(s): Ana Carolina Macedo Abreu / Language(s): English / Publication Year: 0

Hostility towards migrants of non-European origin is a recurring subject in contemporary political space, especially among Western/developed states. In fact, the move towards stricter migration and border control in relation to some forms of migration has led authors to characterize such phenomena as a war on migration (Hyndman and Mountz, 2007) or a new ubiquity of borders (Balibar 2002). The crusade against irregular migration has particularly affected prospective asylum seekers who, fleeing from conflict and persecution in their countries of origin, attempt to reach safety and protection through unauthorized border crossings. The Australian border regime presents a paradigmatic case in this context of increasing hostility and control, having been described as “the most original yet retrograde means of repelling and excluding asylum seekers from its shores” (Hyndman and Mountz 2007, 83) and “the most fully developed policy regime that is oriented around control” (Johnson 2014, 67). This chapter focuses on the policies and practices of border/migration control that were/are employed in the context of the Pacific Solution (2001-2007) and Operation Sovereign Borders (OSB) (2013-present). The practices of control implemented during this period include interception and turnback of boats outside of territorial waters, forced return, detention and exclusion of parts of Australian territory from the migration zone (excision).

Breaking Laws of God and Men: When is this allowed for Intelligence Professionals?

Author(s): Michael ANDREGG / Language(s): English / Issue: 3-4/2014

Attorneys and philosophers have presented detailed answers to the question of when it is permissible to break laws, some of which begin and end with the word “never.” Others answer “always” if reasons of state are compelling. To compound confusion, governments often write special laws for their “spies” and other “intelligence professionals”. Some of these laws are publicly known, but others are classified, like a significant fraction of US NSDD’s (National Security Decision Directives) and NSPD’s (National Security Presidential Directives). So what is forbidden for ordinary citizens may be legally “OK” for intelligence professionals, but citizens cannot tell because some of the laws are secret laws administered by secret courts like the FISA court in the USA. This situation can easily degenerate into simple codes: like “Do anything you need to accomplish your mission, but do not get caught” which has been noted by several CIA veterans. That noted, the CIA may be among the more restrained intelligence agencies in the world, because it is besieged by lawyers who have some actual laws to work with, unlike the secret services of some other countries. A real professional in the field of intelligence will never behave as a barbarian and will avoid torturing prisoners, for the sake of the national security’s future.

Carcer Enim Ad Continendos Non Puniendos Haberi Debetur

Author(s): Bogdan David / Language(s): English / Issue: 3/2015

In this paper, we attempt to highlight the condition of prison, as well as the purpose for applying preventive measures involving deprivation of liberty and punishment, in a historical exploration of this institution of criminal law and procedural law. This study aims at revealing, alongside this historic exploration of the evolution of the punishment system within the criminal process, additional elements which, even though regulated since ancient times, can still be found in the current criminal and procedural regulations.

Cesare Beccaria: Utilitarianism and the Capital Punishment

Author(s): Dawid Dziurkowski / Language(s): English / Issue: 13/2016

Cesare Beccaria initiated a new outlook on penal law, including the death penalty. In his opinion, deprivation of human life by state authorities during the reign of peace should be prohibited because it does not produce any utility. He admitted, however, two exceptions from the above rule. A sentence to death can be justified 1) if an individual, even when deprived of his liberty, still has enough power and connections to endanger the security of the nation, but even in this case it is only necessary when a nation is on the verge of recovering or losing its liberty and 2) in the situation of anarchy. Moreover, the Italian philosopher advocated just punishment, which can be such only if it does not exceed the degree of severity that is sufficient to deter others from committing crimes. It is evident that the Italian lawyer and political writer grounded his whole philosophy of repressive sanctions on the utilitarian conception of penal law, redefining at the same time a justice-based (retributive, compensatory) approach to criminal punishment, retaining within it a limited function of guilt. Beccaria represented a clearly defined standpoint. Considering, however, the conception of utilitarianism itself in terms of its attitude to the death penalty, we come to the conclusion that our approval or disapproval of capital punishment depends on the answer to the question whether an execution of any particular criminal will be useful, indifferent or criminogenic for other individuals.

CITIZENSHIP RIGHTS OF THE PRISONERS IN IRAN ISLAMIC REPUBLIC

Author(s): Shahla Zarai / Language(s): English / Issue: 11/2011

It is right that the constitution of each country's political system and discipline of all aspects of central government and the main force determining the best public relations people, and its strict enforcement, blocking all avenues of despotism to freedom, human dignity and citizenship rights to the guarantee.

Cognitio extra ordinem w rzymskim prawie karnym publicznym

Author(s): Krzysztof Amielańczyk / Language(s): Polish / Issue: 3/2016

At the time of the Roman Empire, quaestiones perpetuae faced competition from the imperial court of justice, i.e. the cognitio extra ordinem proceedings. The new system inspired the establishment of a new type of crimes called crimina extraordinaria. The Principate period with its new court procedure also brought a wider catalogue of offences by enabling to prosecute more offences extra ordinem – i.e. outside the order set by the leges iudiciorum publicorum. The cognitio extra ordinem procedure allowed the examination of extenuating and aggravating circumstances, and choosing penalties in accordance with the seriousness of the offence.

COLLECTIVE SECURITY - AN EVOLVING CONCEPT

Author(s): Eugen Siteanu / Language(s): English / Issue: 2/2006

The cooperation security pattern consists of the four concentric circles: the nucleus or the first ring is the individual security, and the other circles are: the collective security, collective defence and the stability promotion. The collective security and collective defence stood to the base of League of Nations, UN, OSCE, and NATO creation, but only NATO succeeded, in facto, to operate efficacious and efficient in all the fourth security circles. The collective security and the national security are two concepts situated in interdependency. Collective security serves to national security and defence, and the national security is, at its turn, essential for the collective security and defence.