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Criminal Responsibility and the System of Sanctioning Juvenile Offenders in the Czech Republic and Hungary

Author(s): Bronislava Coufalová / Language(s): English Issue: 2/2018

The criminal responsibility and the system of sanctioning juvenile offenders is one of fundamental criminal law issues. Individuals who start a criminal career early on are usually not easy to reintegrate into normal life. That is one reason why it is necessary to discuss the problem of juvenile justice in depth. The legal literature in the Czech Republic is devoted to this topic on a large scale, however Hungarian legislation has not yet been analysed fo purposes of comparation. The Czech Republic and Hungary fall under the United Nations categorization to Eastern Europe and therefore certain similar features can be assumed. On the other hand any identified differences may be the basis for future changes of the legislation.

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NOWE WYSTĘPKI LICHWY (ART. 304 § 2 I 3 K.K.) W PERSPEKTYWIE FUNKCJI GWARANCYJNEJ PRAWA KARNEGO

Author(s): Magdalena Błaszczyk / Language(s): Polish Issue: 87/2021

The paper offers an analysis of new provisions of Article 304 § 2 and 3 of the Polish Penal Code, which define two specific types of the offence of usury. These provisions are intended to protect consumers against excessive financial burden – the interest (§ 3) and non-interest costs (§ 2) – included in the loan they incur. The author examines them critically, taking as a point of reference the guarantee standards of criminal liability resulting from the Constitution. The author performs a “quality control”, which amounts to a dogmatic analysis of the statutory features of new usury offences, which means a kind of quality control of their definitions and verification of the necessity to cover the described behaviours by the sanctioning norms.

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Pojęcie broni palnej w art. 263 Kodeksu karnego i w ustawie o broni i amunicji

Author(s): Dariusz Jagiełło,Teresa Gardocka / Language(s): Polish Issue: 55/2022

The purpose of the paper is to show the formation of the statutory concept of “firearm” in Polish law, as well as the evolution of responsibility for its illegal possession. Designees of the term “firearms” are not only weapons manufactured in the factory but also other objects that can be used as weapons (forensic concept of weapons). This issue is important because of the work on a new law on weapons that have been going on for several years. The adoption of a correct, understandable definition is crucial for criminal liability. It is also important to correctly define the notion of ‘possession’ of a weapon, which still raises doubts in judicial decisions. In Poland the Law on Weapons and Ammunition in interpreting the notion of arms and firearms is unclear. It refers to concepts that are difficult to define. A historical look at Polish regulations relating to the possession of weapons by civilians, not servicemen, shows the progressive complication of these regulations, which does not correspond with the complication of reality. The current law has 56 very extensive regulations, and in terms of definitions, no citizen without specialized training will understand it. In turn, specialists in forensic science present different views on what is and what is not a weapon, especially when it comes to firearms. This contradicts basic principles of proper legislation and makes it virtually impossible for citizens to understand the applicable law, which is important, especially in the context of criminal liability for firearms possession. The authors presented a dogmatic analysis of the current law, referring to the concepts of forensic definitions of weapons. They also used the historical analysis of the regulations concerning the possession of firearms by citizens, starting from the interwar period. Finally, they analyzed the jurisprudence of Polish courts, both administrative (gun permits) and criminal (the crime of illegal possession of weapons).

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Тактичні особливості участі захисника у допиті неповнолітньої особи на досудовому розслідуванні

Author(s): Kateryna Yusupova / Language(s): Ukrainian Issue: 55/2022

The procedural powers of the juvenile’s defense counsel during the interrogation of the client, organizational measures and tactics of the lawyer’s participation in this investigative action are considered. The peculiarities of interrogation of a minor in criminal proceedings and involvement of a defense counsel are revealed. Recommendations for communication between the defense counsel and the juvenile during the first joint conversation and in preparation for the interrogation are given. The importance of establishing psychological contact between the defender and the juvenile client, maintaining mutual understanding between them during the interrogation of the teenager by the investigator is outlined. The optimal duration of breaks that the investigator can use during the interrogation of a minor, depending on his age, is analyzed. Recommendations are proposed for the defense counsel to request the investigator to conduct an interrogation in a certain place, which will have the least traumatic effect on the psychophysiological condition of the juvenile suspect. The notion of admissibility of tactics used by the defense counsel during the interrogation of a juvenile during asking him questions is analyzed. The types of questions asked to the interrogated juvenile and the requirements to them are considered. Emphasis was placed on the advantage of additional recording of the interrogation of a minor by means of audio-video recording, including in the conditions of the ‘green room’. It was concluded that it is necessary to introduce specialization of lawyers in working with minors to ensure proper protection of their rights in criminal proceedings.

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Postępowanie w przedmiocie przedłużenia stosowania, uchylenia lub zmiany środka zabezpieczającego – wybrane zagadnienia procesowe

Author(s): Krystyna J. Szczechowicz / Language(s): Polish Issue: 56/2022

The time of application of preventive measures is not predetermined which is due to their nature. Therefore, the guarantee elements in adjudicating on the extension of the application, suppressing or modifying a preventive measure are of great importance. Procedural solutions that guarantee effective control over the application of the measure should be of key importance during the proceedings. The aim of the article is to analyse the solutions adopted in this area in Polish law and their assessment in terms of protecting the rights of persons against whom preventive measures are applied. An extremely important element in the procedure of adjudicating on a preventive measure in enforcement proceedings is the determination of entities entitled to initiate proceedings in this respect and to appeal against decisions. It is no less important to guarantee the party’s right to attend the meeting in person and to be heard. In the light of the assessment of Polish legislation, de lege ferenda conclusions were formulated. It was proposed to amend Article 199b Clause 3 of the Penal Enforcement Code by eliminating the alternative approach to the right to participate in the meeting concerning the perpetrator and his defender. Moreover, in Article 199b Clause 1 of the Penal Enforcement Code, it was proposed that the catalogue of entities authorized to submit an application for a ruling, changing or suppressing of a preventing measure should be extended to include a probation officer due to his role and position in the implementation of preventive measures.

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Prędkość administracyjnie dopuszczalna – wybrana problematyka

Author(s): Anna Ewa Chodorowska / Language(s): Polish Issue: 57/2022

The basic problem affecting road safety in Poland is excessive speed. Speeding, exceeding the speed limits or failing to adapt to the prevailing road conditions are the main causes of road accidents caused by drivers. For many years, road accidents caused by speeding have been at the top of all statistical tables. Speeding is not only a violation of traffic safety rules, but also a behaviour threatened with punishment under Article 92a of the Code of Petty Offences. The author of the article discusses the penalisation of speeding and the scale of road accidents caused by speeding. It pays particular attention to actions aimed at increasing road safety in Poland. The aim of the article is to analyse the changes introduced in 2021 to the Code Petty of Offences and the Traffic Law and their evaluation from the point of view of activities undertaken for the benefit of observance of administrative speed limits. The author gives a positive assessment of the recently introduced legal solutions, the changes to the tariff of fines and increase of the maximum amount of the fine for an offence in the Code of Petty Offences, however, she is concerned, whether such a significant increase will not cause a problem with their enforceability.

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Teoria sekurytyzacji szkoły kopenhaskiej wobec terrorystycznej nieoczywistości na przykładzie amerykańskiej strategii zapobiegawczej

Author(s): Jakub Wojtala / Language(s): Polish Issue: 42/2022

Sekurytyzacja amerykańskiego terroryzmu wskazuje na istnienie dwóch głównych czynników świadczących o formie opisywanego zjawiska, to znaczy nieoczywistości oraz dysproporcji. Doktryna Busha, operacja Enduring Freedom oraz oś zła, wkomponowane zostały jako terminologicznie trwałe przymioty współtworzące postrzeganie terroryzmu w Stanach Zjednoczo- nych. Z tego względu wskazanie narracyjnych aspektów (rzeczywistych determinantów politycznej strategii rządu w Waszyngtonie) modelujących społeczny odbiór terroryzmu wyznaczało linię eksploracyjną w niniejszym artykule.

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Розвиток правового регулювання покарання у вигляді штрафу за Кримінальним кодексом України 2001 року

Author(s): Alesia V. Gornostay / Language(s): Ukrainian Issue: 159/2022

This topic is relevant because in practice the application of such punishment as a fine is very common, and it has many problematic aspects of the purpose. The purpose of the article is the genesis of the criminal law regulation of punishment in the form of a fine in the current Criminal Code of Ukraine and the analysis of the changes that have taken place over the past 20 years. To achieve this goal, the author used dialectical, historical and comparative methods. These methods helped to investigate the processes of formation and development of the institution of the fine in the Criminal Code of Ukraine of 2001. In the article, the author analyzes the norms of the criminal legislation of Ukraine, which regulate the concept of a fine and the order of its calculation, the maximum and minimum size of the fine. The author emphasizes that the prevalence of the fine in legislation and judicial practice, the methods of its calculation, its size, the grounds and conditions of its application are not constant and are conditioned by socio-economic, political, criminological and legal factors of specific historical periods. This is especially relevant for Ukraine. Current criminal law establishes a fine as the mildest type of punishment among other types of punishment, but this is a controversial provision. The author emphasizes that the legislator hopes for a fine as an effective form of punishment for persons who have committed certain criminal offenses, primarily corruption and against property. At the same time, it was emphasized that regular changes in the rules on fines, especially regarding the size of this type of punishment, are not without significant drawbacks. In this work, they are outlined. Certain positions regarding their elimination have been expressed. Possible options for reforming regulatory provisions are proposed.

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Nejvýznamnější překážky uplatnění osob po výkonu trestu odnětí svobody na trhu práce

Author(s): Jiří Mertl,Pavel Bareš / Language(s): Czech Issue: 1/2017

The very low number of options available in the labour market and the high rate of unemployment of persons released from prison (referred to in the study as "released persons" or "persons with a criminal record") as well as, typically, high rates of indebtedness (or over indebtedness) constitute the main reasons that significantly complicate the possibility of returning such persons to, and reintegrating them into, society.

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POJĘCIE I ZAKRES DYREKTYWY PREWENCJI OGÓLNEJ NA TLE UREGULOWAŃ KODEKSU KARNEGO Z 1997 ROKU

Author(s): Krzysztof Miłek / Language(s): Polish Issue: 1/2022

The statutory penalty should meet the requirements expressed in the imposed criminal sanctions. One of such guidelines is the general prevention directive, formed in the final provision of Article 53 § 1 of the Criminal Code. Legislative formulation specifying the scope of the aforementioned directive limits its role to the requirement that the courts take into account the needs of shaping the legal awareness of the society. This wording eliminates from the possible purpose of punishment the issue of striving to meet other expectations towards it, in particular the postulate of achieving by its application the effect of deterring potential offenders from any attempt to enter the path of criminal law. Such an approach emphasizes the educational considerations of punishment, which is to be an element of the broadly understood process of educating society and promoting in it attitudes of respect for the norms of criminal law and thus preventing any manifestations of its violation.

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Exploring the black box of French community supervision

Author(s): Martine Herzog-Evans,Sophie Berjot,Marije Keulen de Vos / Language(s): English Issue: 1/2023

This article explores how probation officers (POs) in France employ evidence-based practice in the real world. Using 78 audio tapes of 11 POs and 33 offenders in 2 probations services, we assessed PO skills with an adapted version of the Jersey Checklist. Our results suggest that French probation officers generally possess good communication skills, and use – to a certain extent – core correctional practices. They do, however, underperform with regard to cognitive behavioural techniques.

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Serious mental illness in probation: A review

Author(s): Charlie Brooker,Coral Sirdifield,Tonya van Deinse / Language(s): English Issue: 1/2023

Research into serious mental illness and probation is reviewed. In addition, there is a specific review of the role of specialist mental health probation staff in the United States (US). In the discussion, we compare progress with the care of the seriously mentally ill within probation in Europe and the US. We conclude that the specialist role for probation staff developed in the US has significant advantages which have been well evaluated which should be implemented, in a large multi-centre trial, across Europe.

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Building accountability and client–officer relationships through videoconferencing: Exploring best practices for community corrections

Author(s): Sebastian Galleguillos,Craig Schwalbe,Deborah Koetzle / Language(s): English Issue: 2/2023

The COVID-19 pandemic forced community corrections agencies worldwide to use remote technologies to prevent the spread of the virus. A growing body of the literature suggests that video-conferencing is poised to be a core practice within community correctional settings. However, little is known about the best practice strategies for incorporating videoconferencing into routine supervision. We address this gap by interviewing and conducting focus groups with a sample of community correction officers from the US (N = 16). We identified the presence of the law enforcement—social work dichotomy in remote settings, reflected in challenges and opportunities when holding clients accountable and establishing client–officer relationships. Our findings show that officers relying on evidence-based practices (EBPs) were able to use videoconferencing tools to overcome remote challenges. We suggest that establishing in-person relationships, adapting EBP, and taking care of logistics are critical steps to strengthen remote accountability and client–officer relationships. We conclude by discussing future research areas

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IMPLEMENTATION OF THE RISK ASSESSMENT IN PRISON SENTENCING

Author(s): Vesna Žunić Pavlović,Ranko Kovačević,Muniba Mehmedović,Edin Muftić / Language(s): English Issue: 1/2023

Parallel to the growing knowledge on the principles of effective treatment of offenders, during the last two decades, there has been significant development in the field of risk assessment. However, there is little research on the use of standardized risk assessment procedures in practice. The objective of this study is to determine the relationship between the individual level of risk and characteristics of the treatment of inmates in the Tuzla Semi-Open Correctional Facility. The sample consisted of 67 inmates of both sexes (70.1% male and 22.9% female), aged from 24 to 67 (M = 40.60; SD = 10.81). Data was collected by analyzing the official records. Results of this study reveals few differences in the treatment of inmates according to their risk level. Statistically significant differences were recorded in 2 of 12 treatment characteristics, namely, an internal classification and the frequency of the individual meeting with a counsellor. These findings indicate the obstacles in the implementation of risk assessment in routine practice.

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Miarkowanie kary umownej

Author(s): Andrzej Śmieja / Language(s): Polish Issue: 334/2022

After briefly presenting the essence of contractual penalties according to Polish civil law, the author goes on to discuss two situations where — according to art. 484 § 2 of the Civil Code — the court, at the request of the debtor, may reduce the amount of the contractual penalty, namely in the following cases: 1. when the obligation has been performed to a significant degree, and 2. when the contractual penalty is grossly excessive. By presenting various views on science and jurisprudence, the author analyzes the prevailing interpretative concepts in this area, and then attempts to respond to them.

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Ochrona funkcjonariusza publicznego przewidziana w art. 226 § 1 Kodeksu karnego

Author(s): Joanna Grabowska / Language(s): Polish Issue: 60/2023

The article concerns the offence of insulting a public official, which is defined in art. 226 § 1 of the Penal Code. The purpose of the publication is to indicate the scope of protection of public officials provided for in this provision. Done in this publication, the analysis concerns in particular: the features of the offence of insulting a public official, the conditions of the perpetrator’s liability for an attack undertaken due to profession or position, and the possibility of applying extraordinary mitigation of punishment to the perpetrator or refraining from imposing it. Attention was also drawn to several terms that may raise doubts about whether they are considered offensive. The conducted analysis led to the conclusion that the penalization of insulting a public official is a very important manifestation of the criminal law protection of all public officials in Poland and the provisions of the current Penal Code protect the dignity of these officials to the appropriate extent.

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Kilka uwag o nowelizacjach Kodeksu karnego wykonawczego w zakresie warunków udzielenia zezwolenia na odbycie kary pozbawienia wolności w systemie dozoru elektronicznego

Author(s): Kamil Frąckowiak / Language(s): Polish Issue: 60/2023

The article presents the amended conditions for the adjudication of electronic supervision by the penitentiary court and the penitentiary commission when executing a penalty of imprisonment under the institution of executive penal law. A dogmatic and legal analysis of selected conditions for granting consent to the electronic monitoring system was made from the perspective of two amendments to the Executive Penal Code, which entered into force on January 1, 2023, and were subsequently amended by the amendment, which entered into force on March 14, 2023. This article aims to present de lege lata and de lege ferenda possibility of adjudicating electronic supervision by the court and (from January 1, 2023) the penitentiary commission as a form of execution of the penalty of imprisonment.

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Prawo do obrony w trybach szczególnych postępowania karnego

Author(s): Justyna Karaźniewicz / Language(s): Polish Issue: 60/2023

The right to defence, as a constitutional and procedural principle, requires giving the opportunity to defend any person against whom the authority undertakes prosecution. This order applies to any criminal proceedings, whether conducted under ordinary or special procedures. However, special procedures are characterized by significant differences. They consist primarily in simplifying the proceedings, and this undoubtedly also affects the position of the participants in the proceedings, including the accused. The article analyzes the right to defend the procedure in cases prosecuted by private accusation, in penal order proceedings and in accelerated proceedings. The considerations aim to identify the differences between the right to defence in ordinary proceedings and in special procedures and to answer whether the modifications introduced in special procedures do not constitute excessive restrictions on the constitutional right to defence.

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Obowiązek wskazania – na żądanie uprawnionego organu – informacji o powierzeniu pojazdu do kierowania a odpowiedzialność z art. 96 § 3 Kodeksu wykroczeń

Author(s): Anna Ewa Chodorowska / Language(s): Polish Issue: 61/2023

The author deliberates on Article 96 § 3 of the Code of Petty Offences, punishing refusal to indicate at the request of an authorised body to whom the owner or keeper of a vehicle has entrusted the vehicle to drive or use in a defined period (Article 78 Section 4 of The Road Traffic Act). The purpose of this article is to present a set of entities obliged under the norms and entities authorized to request information from the owner or the holder of the vehicle about that who he has been assigned the vehicle to drive or use on time. In addition, special attention was on circumstances which, even though they constituted cases of non-compliance with the standard resulting from Art. 78 sec. 4 Act of the Law on Road Traffic could not be result in liability for the offense in question. The article also contains an analysis of past judicial concerning extent of rights of defence in the context of liability for a petty offence from Art. 96 paragraph 3 of the Code of Petty Offenses. The author indicates that provision of the Code of Petty Offences in a significant not way limits the rights of defence.

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