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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.

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Dzieła naukowe jurystów rzymskich w zakresie prawa karnego

Author(s): Andrzej Chmiel / Language(s): Polish / Issue: 3/2016

Roman jurists started to work on the criminal law only in days of the Empire. First works on this dedicated to public judicial proceedings included De iudiciis publicis created mainly by Maecianus, Marcianus, Macer, Venuleius Saturninus. Apart from them the following should also be mentioned: De officio proconsulis by Ulpian, De cognitionibus by Callistratus. Works on the issues of penalties are: De poenis omnium legum, De poenis paganorum by Paulus; De poenis by Modestyn; and De poenis paganorum by Claudius Saturninus. Most of the above-mentioned works are commentaries directed at judge practitioners, more specifically, at imperial officials having specific jurisdictional functions. However, among them we can also find ones of the academic nature focused on criminal law and criminal action, such as De poenis paganorum by Claudius Saturninus. Many of the above-mentioned works are of substantive and procedural nature. In works of Roman jurists on criminal law one can see specific efforts or attempts at systematizing discussed legal material. Unfortunately, in the majority of works it is difficult to find such vivid and complex statements or even academic debates as on private law, not to mention any critique of imperial constitutions. This was caused by an authoritarian character of Roman national power and system of criminal judicature that was closely connected to this power. Thus, it was very difficult for the jurists to conduct free jurisprudence activity.

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EDİRNE VİLAYETİ ÖRNEĞİNDE OSMANLI HAPİSHANESİ ÇALIŞANLARI

Author(s): Kurtulus Demirkol / Language(s): Turkish / Issue: 1/2017

The subject of this article is to examine the prison staff and especially prison guards of the Edirne province by taking the Ottoman prison staff into consideration. The article attempts to emphasize the importance of the need of professional staff for a successful institutionalization in addition to required finance. To do this, it analyzes the Ottoman prison staff by taking the Edirne province as a case. In this respect, it argues that in order to establish a successful institution, making regulations pertaining to staff must be given priority in addition to supplying required finance.

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Effectiveness of Counter-Trafficking Response in Albania

Author(s): Merita H. Meçe / Language(s): English / Issue: 1/2016

Human trafficking is a new phenomenon of Albanian post-socialist society which significantly increased during the difficult years of its transformation from centralized state-led economy to market economy. Both economic and political instability contributed to its size, nature and multiple dynamics. Drawing on a rights-based approach to human trafficking, this paper examines the effectiveness of the counter-trafficking response of the Albanian government with a special emphasis on prevention, protection and prosecution. Using secondary data and reviewing various country strategic documents, it highlights a range of weaknesses and challenges which have hindered its effectiveness over years. It concludes that successful and effective counter-trafficking response requires well rounded and coordinated gender sensitive, victim-centred, holistic and human rights-based efforts. Combined with adequate law enforcement, they will sustainably tackle the full spectrum of this problem.

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Ekohistorijski aspekti proučavanja logora na Golom otoku 1949.-1956.

Author(s): Martin Previšic,Milica Prokic / Language(s): Croatian / Issue: 12/2016

Goli otok (Barren Island) served as a site of a political prison and labour camp which was founded in 1949, at the peak of the Tito- Stalin political dispute. It was in function until 1956, when its operation as a political prison for Yugoslav pro- Cominformist dissidents was discontinued. During this period, at least 13 000 political prisoners were incarcerated on the island. Due to the covert nature of its workings between 1949 and 1956, it had been covered up and ignored as a topic during most of the Yugoslav period by the public and the historians alike. In 1980s, however, the narratives about Goli otok began to gradually reach the public. After the break up of the SFR Yugoslavia, a handful of historians who dealt with the topic of Goli otok mainly focused on the socio- political aspects of this political prison and labour camp’s past, drawing on a large body of former inmates’ testimonies about the harsh everyday life in the camp and the peculiar methods of its orchestration. However, the impact of Goli otok political prison and labour camp was not, of course, only limited to the Yugoslav socio- political climate and the individuals living in these times. Its influence is also noticeable on the very site of the labour camp- the island. Hard forced labour undertaken by thousands of political prisoners which included the construction of several workshops and small factories orientated towards the production and the distribution of various stone and wood products is but one of the factors which dramatically influenced the island’s environment. Human dwellings and accompanying industrial constructions erected on the island’s desert- like stone terrain, as well as the now afforested portions of once (literally) barren island are just some of the examples. In other words, the forced labour of the incarcerated thousands is inextricable from the impact on island’s environment, albeit the nominal purpose of this labour was ‘corrective’. This paper therefore aims to contribute to the study of Goli otok from the viewpoint of environmental history. The paper speaks to the works of the authors dealing with the environmental, carceral and labour history aspects in the study of USSR Gulag as one of the examples relatable to the Goli otok story. In so doing, the paper aims to contextualise Goli otok within a wider scholarly space, considering the geographical, ideological implications, as well as those of environmental and socio- political history.

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Ensuring security and stability in certain parts of Asia by introducing appropriate legal measures in the context of terrorist threat- introductory remarks.

Author(s): Piotr Rychlik / Language(s): English / Issue: 1/2013

Terrorism remains one of the most important threats to the international security and stability. This dangerous phenomena affects some of Asian countries, especially Afghanistan, to a very significant extent. Combating terrorism is hardly possible without an efficient legal system. The article tries to signalize the most important security problems connected to terrorism and present some Polish experience in introducing anti-terrorist legislation.

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Escape by tunnel from the Nikolaj camp

Author(s): Jan Horník / Language(s): English / Publication Year: 0

It is Sunday afternoon, 6 November 1955. A raw autumn day. Anton Tomík’s hand has just touched the back of a wooden fence separating the guards’ barracks and the prisoners’ camp. The boarded fence runs roughly in the middle of the Nikolaj camp. Nikolaj lies one kilometre north of the town of Jáchymov in the Krušné Mountains, in the area of which prisoners extract uranium ore to be exported to the USSR.

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Etyczne dylematy prawa (kara śmierci, aborcja i eutanazja) w świetle badań polskiej opinii publicznej

Author(s): Malgorzata Stefaniuk / Language(s): Polish / Issue: 1/2013

The present study comprises three selected ethical dilemmas of law but regarded as the most fundamental: death penalty, abortion, and euthanasia. What they have in common is a close relationship with the legal protection of the life of every human being as provided for in Art. 38, the Republic of Poland’s Constitution of 2 April 1997. The general character of the constitutional provisions caused these highly controversial issues to be left for ordinary legislation to address and for public debate, which was intensified in recent years. Public opinion polls concerning the issues in question show that in Poland supporters of the death penalty still outnumber its opponents. Opinions on the admissibility of abortion and euthanasia are divided almost in the literal sense of the word, the differences between the supporters and opponents of these kinds of behavior being negligible. It can, however, be observed that the number of abortion opponents is increasing, which may prove that the 1993 regulation successfully played an educational role, gradually strengthening the value of the protection of life, including that of conceived children. The practice of taking into consideration the influence of the public opinion on the content of legislation, arising from the principle of the democratic state ruled by law, requires that the legal awareness of Polish society be constantly improved.

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Etyka kata w ujęciu porównawczym

Author(s): Roman Tokarczyk / Language(s): Polish / Issue: 1/2009

According to the dictionary definitions, an executioner is a person employed by justice authorities to carry out judicial sentences of the most severe punishment, i.e. death penalty. Where and when torture was, and even still is admissible, it is also part of the executioner’s duties. Moreover, the principal duties of the executioner also include the de facto already historical penalty of banishing the convicted person from his/her place of current residence. In the broader and colloquial sense of the word, an executioner is also any person who, because s/he torments other people immorally and unlawfully, appears as a brute, tormentor, sadist or torturer. In the present discussion we are concerned exclusively with the executioner as an officer of justice who, in criminal proceedings, performs the functions analogous to those of the court executive officer in civil proceedings. The methods of, instruments for and places where the executioner’s functions are discharged require that he have special knowledge and qualification for the effective and efficient execution of them. Depending on the times and the scope of demand, this led to the emergence of the executioner’s craft, trade, profession or even the office of executioner, which provided the ground for the discussion on the executioner’s ethics as compared with the ethics of other professions, especially with those related to legal professions. /e justification for the discussion on the ethics of the executioner is the existence of the executioner in all those countries in which death penalty (and its execution) is in effect. In this discussion, which is a part of criminal justice ethics, it is necessary to distinguish between the legal grounds for the execution of death penalty and their ethical evaluations that cover the being-in-force of death penalty and the ‘quality’ of its execution. In diversified ethical evaluations, the legal death penalty is found as both moral and immoral. /e acts themselves of execution of death penalty, which are part of the executioner’s qualifications, are also ethically evaluated as moral or immoral. While the ethical evaluations of the being-in-force of the execution of death penalty do not directly belong to the ethics of the executioner, having only an indirect effect on it, this ethics directly covers the executioner’s qualifications or his skill, which previously consisted in inflicting as great physical and mental pain and suffering as possible on the convict before s/he died, and in later periods - in trying to minimize them as much as possible.

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Examination of Convergent Validity of START: AV Ratings Among Male Juveniles on Probation

Author(s): Virginija Klimukiene,Alfredas Laurinavicius,Ilona Laurinaityte,Laura Ustinaviciute,Mykolas Baltrunas / Language(s): English / Issue: 22/2018

The Short-Term Assessment of Risk and Treatability: Adolescent Version (START: AV, Viljoen, Nicholls, Cruise, Desmarais, & Webster, 2014) provides a structural professional judgement on the risk of adverse outcomes related to harm to others and rule violations. The advantage of START: AV is in that it includes the assessment of both strengths and vulnerabilities. As it is a relatively new assessment tool, the questions related to psychometric properties of the measure are still topical, especially in intercultural context. The reliability and convergent validity of START: AV ratings were examined in a sample of 159 male juveniles (Mage = 16.97, SD = 0.81) on probation. Information about the psychosocial functioning of the minors was collected during the interviews with probation officers and rated by the researchers according to the START: AV User Guide. The Subtypes of Antisocial Behaviour (STAB; Burt & Donnellan, 2009), the Triarchic Psychopathy Measure (TriPM; Patrick, 2010), and the Criminal Sentiments Scale-Modified (CSS-M; Shields & Simourd, 1991) were used as convergent measures in this study. The results provided evidence for the reliability of the START: AV ratings and associations between behavioural variables, psychopathy constructs and START: AV are in favour of its concurrent validity. Pro-criminal attitudes were not associated with START: AV ratings, and further research is needed to test the manifestation of pro-criminal attitudes among juvenile offenders on probation. These findings support for further testing the START: AV on its predictive validity as well as utility in work with juvenile offenders.

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Examining the links between organised crime and corruption

Author(s): Philip Gounev,Tihomir Bezlov / Language(s): English / Publication Year: 2010

The study Examining the links between organised crime and corruption was commissioned by the European Commission (DG JLS). This is the first study that examines systematically across all 27 EU Member States how organised crime uses corruption as a tool. The study is based on more than 150 interviews with corruption specialists (police, prosecutors, criminologists, and fraud specialists). More than 120 statistical and survey indicators on corruption and organised crime were analysed to examine the trends and patterns in organised crime’s use of corruption. The study focuses on how organised and white collar criminals use corruption to target public institutions (politicians, police, judiciary, and customs), as well as how it is used for the operation of key criminal markets (cigarettes, drugs, prostitution, car-theft, and extortion-racketeering). The study also examines how private sector company employees are corrupted by organised criminals. Although the study does not map the specifics of how corruption is used in each EU Member State, six in-depth studies (on Bulgaria, France, Greece, Italy, Netherlands, and Spain) provide a more in-depth look in the situation in these countries. The study was presented in April 2010 at a meeting organised by the EC to representatives of ministries of interior of all 27 EU Member States. In July 2010, the study was presented at a hearing of the Committee on Civil Liberties, Justice and Home Affairs (LIBE) of the European Parliament.

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Festival of Curses: A Traditional Crime Control Method In Edo State – Nigeria

Author(s): Rashidi Akanji Okunola,Adediran Daniel Ikuomola / Language(s): English / Issue: 1/2012

Festivals and ceremonies are part and parcel of African culture, usually in all its pump, merriment and pageantry. However, with the increasing wave of criminal activities in Nigeria especially in Edo state, festivals and ceremonies are being redefined and conceptualized in practice. Only recently a new festival ‘Festival of Curses’ was brought to the fore in combating crime in Edo state. The study therefore seeks to explain the festival as a traditional mechanism in crime control, the nature of the festival, the factors that led to its emergence in the 21st century, the level of acceptance and its impact in reducing criminal activities in the State. The study employed principally secondary literature and in-depth interviews among a cross section of the Bini. Major findings revealed that immediately after the festival of curses, a lot of criminals in the state besieged the Bini Monarch’s Palace to confess their atrocities; and pleaded for forgiveness. There was an overwhelming acceptance of the festival irrespective of the people’s religious affiliations to Christianity and Islam as a result of the potency and sudden drop in crime during the period. The study concludes that the festival should be taken as a mechanism of crime control and policing in Nigeria.

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Financial Action Task Force (FATF) – koncert mocarstw finansowych?

Author(s): Pawel Kolek / Language(s): Polish / Issue: 4/2017

The Financial Action Task Force (FATF) constitutes an important pillar in the regulatory system of international economic relations. The Group can be seen as a modern equivalent of the nineteenthcentury “concert of powers”. Five characteristics of the latter – 1) special role of great powers; 2) semi-openness; 3) main purpose of serving the interest of its members; 4) accepting intervention into affairs of non-members; 5) limited institutionalization – can also be used to describe FATF. The article elaborates on the multiple similarities, while also discussing the differences between both systems. The conclusion is that despite its minor drawbacks, the FATF model is an efficient and effective tool in combating crime and terrorism, and as such is beneficial for the whole international community, not only the very members of the Group.

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FOREWORD

Author(s): Vesna Žunic-Pavlovic / Language(s): English / Publication Year: 0

In discussing the treatment of offenders one is constantly reminded of the existence of a crisis necessitating the introduction of changes into the established practice. This is quite understandable in view of the fact that the policy of treating offenders is a complex matter calling for continuous review, dynamism and responsiveness. However, unlike in other fields (e.g. medicine), where research has been of fundamental importance for the advancement of practice, most innovations in the treatment of offenders have been brought about by the multitude of extraneous factors such as political views, available resources, habits or common attitudes. Nonetheless, the last decade has brought certain undeniable changes: nowadays the need to improve the criminal law system as a precondition of building a better and safer society is being discussed far more openly than ever before. As a result of increasingly open debates, interest among scientists, specialists and members of the general public in the subject is growing. However, mere concern about the current state of affairs cannot solve the problem, i.e. bring about an effective treatment policy, unless one is also fully aware of the hitherto successes and failures and of the purpose and direction of the ongoing changes. The conclusion we are likely to reach sooner or later is that we may expect to see real progress only after we have gathered reliable information and taken stock of our strengths and weaknesses in order to develop a capacity for designing and implementing a more effective policy. Bearing this in mind, we can now proceed to evaluate the research project before us. Evaluation helps us to understand the mode of application and the effects of a strategy as well as to increase our chances of success through revision. Evaluation is a test of the soundness of our approach because it enables us to find out whether reality bears out our suppositions and desires. Unfortunately, many are unprepared to confront such a test; they prefer the lull of unverified suppositions and beliefs and thus deny the significance of evaluation as an open threat to the status quo. Given the present state of affairs, it comes as no surprise that the project was initiated by the non-governmental sector or, to be precise, by the Helsinki Committee for Human Rights in Serbia. In accordance with its principal mission, the organization is primarily interested in the legal aspects of the enforcement of institutional criminal sanctions (imprisonment of adults and juveniles, security measures associated with compulsory psychiatric treatment and custody in health institutions, committal to a reformatory, detention), especially whether current practice is in keeping with the relevant provisions of domestic law and international legal acts. My assignment was to render professional technical assistance in translating a prison monitoring idea into a research project. The resulting undertaking entitled Prison Monitoring having been completed, my present task as its author and professional adviser throughout, is to introduce the reader to our method of work. We first set out to determine exactly what we wanted to find out, then to choose the best way of accomplishing that. We proceeded to analyze at great length relevant domestic and international rules and regulations, identifying the following six principal spheres of interest to which their provisions pertained: the quality of life; security; the lawfulness of treatment; social resettlement; contacts with the outside world; and the institution personnel.

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Franciszka Ksawerego Bohusza uwagi o prawie sądowym w podróżach po Europie poczynione

Author(s): Marian Mikolajczyk / Language(s): Polish / Issue: 11 (2)/2018

Franciszek Ksawery Bohusz (1746—1820), Jesuit and diocese priest after the dissolution of the monastery, was a man educated in philosophy, theology, and law. Between 1777—1778 and 1781—1782, he made long journeys abroad, during which he got to know Czechia, Germany, France, England, Austria, Italy, and Switzerland. These were the journeys of an intellectual, typical of the period of Enlightenment. Not only did he admire edifices worthy of interest, visit museums and libraries, but he also tried to gain knowledge of the political regimes, social and economic relations in the visited countries. His observations were diligently noted down in travel journals and finally edited upon his return to the country. A lot of comments concern court law: civil and criminal, particularly procedural law. The traveler was also interested in the administration of punishments. The references to law vary from extensive, comprehensive discussions of whole branches of law to prevailing brief mentions of particularly interesting legal institutions. The author attempts to offer a possible objective view of legal solutions he became familiar with, yet, does not always fully succeed. It is worth noting his commentaries on English law, which are not only exceptionally extensive, but also filled with not always well-justified praise. On the other hand, his evaluations of other legal systems, for instance Swiss, seem to be rather harsh and stereotypical. Nevertheless, Franciszek Ksawery Bohusz’s observations on court law in the visited countries deserve a thorough analysis since they let us assess their accuracy and the degree to which some foreign legal solutions found appreciation in his eyes.

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From Irregular Stay to Removal through Detention: The Case of Spain as a Member State of the European Union

Author(s): Rut Bermejo / Language(s): English / Issue: 3/2018

The fight against human smuggling and irregular migration is a worldwide priority. Removal of persons irregularly living in a European country is said to be a means of deterring irregular migration. In this context, detention to secure removal of those who enter or stay irregularly is proclaimed to be an effective instrument in European policies. However, in the case of Spain, data collected and in-depth interviews show that detention of irregular/smuggled immigrants has a minor effect on the number of removals fulfilled. Thus, the idea that detention can work not only to increase return effectiveness but also as a deterrence measures seems to be unreal.

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Funkcja gwarancyjna terminów w polskim kodeksie postępowania karnego

Author(s): Ireneusz Nowikowski / Language(s): Polish / Issue: 2/2013

Author's sentence the guarantee function of the deadlines is based on the fact that certain deadlines secure certain rights of the participants in the process. Author considers the need for the introduction of the deadlines of the maximum duration of the means of the forcing measures, particularly the voluminous arrest ("the pre- emptive arrest" corresponds to the "investigative detention" of the StPO - §§ 112 ff.). He also considers threats that may result from the introduction of such deadlines.

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Gefahren und Gefährder – Das Strafrecht als Baustein eines Sicherheitsrechts*

Author(s): Hans-Jörg Albrecht / Language(s): German / Issue: 2/2013

I would like to summarize the above points in the following: It is obvious that criminal law is increasingly used for security policy, risk management and security. Thus, the criminal law is removed from the actually indispensable, namely, guilt and proportionality, as well as the understanding of criminal law as ultimate and its "fragmentary" character. Effective constitutional and human rights control is of crucial importance for the inclusion of a security offense.

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GLOSA DO UCHWAŁY SĄDU NAJWYŻSZEGO Z DNIA 14 PAŹDZIERNIKA 2015 ROKU – I KZP 7/15

Author(s): Karolina Slotwinska / Language(s): Polish / Issue: 1/2016

Gloss to the resolution of the Supreme Court of 14 October 2015 of file ref. no. I KZP 7/15. Main problem of a gloss is the possibility of recognition for the „crime against humanity” and, as a result – the exclusion of the limitation period, of an offense that does not meet the statutory conditions laid down in art. 118a § 2 pt. 2 Polish Penal Code. Second problem is relations between the incompatibility of a ratified international agreement and criminal law.

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HEGEMONI MASKULINITET U MUŠKIM ZATVORIMA U SRBIJI

Author(s): Biljana Andelkovic / Language(s): Serbian / Issue: 1/2015

Starting with the standpoint that there is not only one but several different types or forms of masculinity in each society, the paper deals with the possibilities of applying the concept of hegemonic masculinity in research of social relations in male prisons in Serbia. In this paper I tried to interpret the relationships between the inmates using several concepts or sources of power which are elements of hegemonic masculinity (economic, psychophysical, criminogenic). During the analysis, it was necessary to determine the distinction between hegemonic masculinity and hipermasculinity. We analyzed the interviews with the prisoners and ex-prisoners from the correctional facilities Zabela and Niš (in Požarevac and Niš) in period 2010-2014.

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