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Wyświetlanie 1-4 z 4
Tytuł:
Modele kurateli sądowej po roku 2001 w świetle badań empirycznych
Models of court guardianship after 2001 in the light of empirical data
Autorzy:
Stępniak, Piotr
Powiązania:
https://bibliotekanauki.pl/articles/698959.pdf
Data publikacji:
2010
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kuratela sądowa
polityka kryminalna
probacja
probation
probation officers
Opis:
The article discusses the question about a functional model of family guardianship, shaped in practice by provisions of act of 27 July 2001 on court guardians and probation officers. It has been eight years since the act was passed. It is a time long enough to critically review how provisions of the said act function in practice and to evaluate if they have a positive influence on the model of family guardianship. While formulating assumptions to the empirical study of these problems, it was accepted that the model of guardianship can be determined by the method of guardians’ work. The method varies according to if a guardian is a professional guardian or a social worker. The method is also determined by the personal characteristics of a minor, their family situation and environment. The way of supervision over minors is another factor determining a guardian’s work. Polish guardianship is partly professional and partly social service . It results from the act of 27 July 2001 on court guardians and probation officers. Verification how the model assumptions are realised in practice was the first stage of the research. Subsequent stages included research on differences in task performance by professional and social guardians, and in the way of supervision. The study was conducted between March 2008 and November 2009. Guarded minors, their parents were questioned in a questionnaire, guardians themselves were interview. Moreover, court files of guardianships in question were examined. 292 questionnaires were distributed among randomly selected minors supervised by guardians from District Court in Poznań. Out the number of questionnaires 225 could be used. Court files of the minors who returned their questionnaires were examined. The study included 102 professional and 123 social guardians. Data obtained from questionnaires were verified against 45 interviews with professional and 50 social guardians from the District Court in Poznań. The final stage was statistical analysis of the obtained results. The analysis of the professional / social model of guardianship was based on statistics and official documents. They prove that the model, contrary to premises of the act of 27 July 2001 is still rather a social / professional one. As of the end of 2008, there were 2,726 professional and 13,428 social guardians. In the light of the above, it was interesting to compare the methods of work of both groups, particularly methods of their supervision. The comparison can be summarised as follows: 1. Analysis of time spent over activities and the proportion of supervision of minors in the total work time leads to a conclusion that no activity was a predominant one in either of the groups. Guardians’ work cannot be categorised as exclusively educational, controlling, assisting or administrational, it has rather a mixed character.
Źródło:
Archiwum Kryminologii; 2010, XXXII; 157-203
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Kuratorzy sądowi i zadania przez nich wykonywane po dokonanej reformie
Probation Officers and their Duties After the Implementation of the Reform
Autorzy:
Szymanowski, Teodor
Powiązania:
https://bibliotekanauki.pl/articles/699263.pdf
Data publikacji:
2004
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kuratorzy sądowi
polityka karna
wymiar sprawiedliwości
reforma
probation officers
penal policy
criminal justice
reform
Opis:
This report devoted to presenting the probation system in Poland together with the duties performed by probation officers is made up of two chapters. In the first chapter all primary legal acts regulating the institutions of the probation officers were discussed, also with the functions they perform in the system of criminal justice. In the second chapter, results of research conducted in all court districts in Poland in 2002 were presented. Both, the analysis of legal regulations, as well as the research, have been conducted after the implementation of the basic reform in Poland, yet there is still a lot to be done organisation wise, i.e. enlarging the number of probation officers, improving their essential preparation as well as implementing modem and effective forms of activity.       In the first chapter, where the legal bases of probation officers are discussed, the most important legal acts were mentioned first. Their number is quite substantial, since in the nine laws there are regulations concerning the socio-legal status and duties of probation officers. In order to indicate the most significant of them the following cannot be omitted:       The Penal Code of 1997 which regulated matters concerned with probation officers performing a number of supervisory forms (including probation);       The Executive Penal Code of 1997 by means of which piobation officers were given a rank of one of the important organs responsible for executing punishments and means of punishment. These tasks have been extended in order to grant the probation officers: executing the punishment of restriction of liberty and substitutive penalty ‒ community service, and also certain duties have been precised concerned with executing the punishment of deprivation of liberty and providing the post penitentiary help.        The law on the organisation of law courts (dated from 2001) in which only few articles are devoted to probation. They are, however, immensely important because they helped to precise this system, constituting that probation officers are an autonomous organ operating within the judiciary system, meaning by that regional and district courts, towards which presidents of the law courts and judges occupy supervisory and controlling positions. Simultaneously, the professional and social character of the probation officer has been confirmed in that law.       Another very important legal act is the law of 1982 on the procedures in juvenile cases (with later changes, especially with a very thorough amendment of 2000) which regulates the use of probation (family courts) in cases of defining the supervisory methods or reformative for the juveniles.       Amongst the discussed laws one, from 2001, about the probation officers is of a special significance. This law has almost a pioneer character. It has been created by the Polish Parliament from the initiative of probation officers and with their considerable participation. While enacted from the beginning of 2002, it has normalised in a complex way the socio-professional status of probation officers and precisely settled the location, organisation and the duties ofthe probation service in the judiciary system.         In this report laws and obligations of probation officers have been discussed, together with their calling and prospects for promotion, as well as competence connected with performing duties foreseen in the law of probation officers, and other laws, especially in the Penal Code, the Executive Penal Code, Code of Penal Procedure and in the Civil Code.        The bills conceming the probation service and the persons of probation officers, are an additional documentation to the executive acts, to the regulations and orders of the court. In example we can mention one of the most significant regulations, created by the Minister of Justice in 2003, in matter of a detailed executing of the authorities and obligations of probation officers.        In the second chapter the activity of probation officers in 2002 has been presented, in the light of the research results. They were conducted by sending a questionnaire to all 40 court regions (all together 150 questionnaires, part of which has been filled in in groups). It needs to be stressed at this point that amongst the questions none of the issues which could be called stressful were taken up. The research included 50 different issues, amongst which the following should be discussed: - kinds and number of performed interviews by the probation officers during the time of criminal proceedings and later of executing, - executing of measures to examine a convicted offender in case of conditional discontinuance of legal penal proceedings, a conditional suspension of penalty execution, a conditional release from serving the full sentence, - the content of adjudged and executed guardianship, in other words what is the character of probation officers’ contacts and work with persons under their ward, - ęxecuting of penalty of imprisonment and community service, - activity in the area of executing the penalty of imprisonment, - the difficulties in the work of probation officers, - opinions of probation officers concerned with cooperation with social workers as well as in reference to the significance of specific purposes of penalty.        It is difficurt to summarise the research results. Therefore, only for the purpose of a small illustration, the following conclusions can be  mentioned: - probation officers' opinion about their insufficient number (there is about 2000 professional probation officers for adults) in order to be effective in the assigned roles, - the legal system seems to have achieved a desired state, - supervisions performed by probation officers do not comply with all the obligatory (i.e.- caring - job finding); however, the controlling functions over the sentenced under supervision seem to be accepted as satisfactory.
Źródło:
Archiwum Kryminologii; 2004, XXVII; 67-113
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Skazani – członkowie grup przestępczych w ocenie funkcjonariuszy Służby Więziennej
Convicts: Criminal Group Members in the Opinions of Prison Service Officers
Autorzy:
Szczygieł, Grażyna B.
Powiązania:
https://bibliotekanauki.pl/articles/698762.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
grupy przestępcze
przestępstwa zorganizowane
funkcjonariusze służby więziennej
criminal groups
prison service officers
organized crimes
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 729-738
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Współpraca sądu dla nieletnich z instytucjami pomocniczymi w procesie orzekania
Cooperation of Juvenile Courts with Supporting Institutions in the Adjudication Process
Autorzy:
Włodarczyk-Madejska, Justyna
Powiązania:
https://bibliotekanauki.pl/articles/698790.pdf
Data publikacji:
2018
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
sądy dla nieletnich
instytucje pomocnicze
orzekanie środków wobec nieletnich
zawodowi kuratorzy sądowi
zespoły diagnostyczne
nieletni
juvenile courts
supporting institutions
adjudication process
professional probation officers
diagnostic teams
juveniles
Opis:
The article analyses the cooperation of juvenile judges with supporting institutionsin the adjudication process on the basis of the research project conducted at theDe partment of Criminology of the Institute of Law Studies of the Polish Academyof Sciences in 2016, entitled: “Cooperation of juvenile courts with other institutionsin the application educational and corrective measures”. The aim of the research projectwas to examine how juvenile courts practically implement the assumptions resultingfrom the Act on Proceeding in Juvenile Cases, especially its Article 32b, which providesthat juvenile judges have a duty to collect information about the juveniles and theirenvironment in the course of the proceedings – directly or indirectly (by the supportinginstitutions). The last of them have been defined as an organised team of institutionsthat cooperate with each other in order to achieve common aims. Cooperation hasbeen defined as “a type of social process to achieve a common aims”. In the courseof the project, two kinds of research were conducted. The first of them included nationalsurveys addressed to juvenile judges, professional family probation officers, expertsfrom diagnostic teams, the second – individual in-depth interviews with selectedrepresentatives of these groups. The national surveys comprised: 162 juvenile judges,556 professional family probation officers and 177 experts from diagnostic teams, whichaccounted for, respectively, 16%, 28% and 33% of total population for each of thesegroups. The individual in-depth interviews were conducted with 30 respondents,10 in each group.On the basis of the research, it can be assumed that, in general, the cooperationof juvenile judges with professional family probation officers and diagnostic teamsis good. This is an average value. It means that, in some courts, cooperation is more efficient than in others. The main evidence that provides knowledge about juvenilesis the environmental interview; 70% of judges declared that the order regarding thepreparation of an interview is issued in each case. None of them chose this categoryof answers in the question about the diagnostic opinion. Both the national survey andthe interviews demonstrate the lack of interdependence between the type of case andthe frequency of the order to prepare an environmental interview. This dependencyoccurs in relation to the diagnostic opinion. The probability of commissioning the pre -paration of such evidence is higher in cases in which the court intends to rule anisolation educational measure or corrective measure. There are different practicesof asking questions to the supporting institution. The questions, especially aboutthe cause and degree of demoralisation (88%), suggestions about the measure andthe direction of further impacts (86%), and personality characteristics of the juveniles(79.6%), are more often addressed to the diagnostic teams. The conducted researchconfirmed a high degree of convergence of the judgments with the recommendationsof the supporting institutions (an average 78.5% with diagnostic teams and 54.7% withprofessional family probation officers). Juvenile judges were asked to evaluate evidencecontaining information about the juveniles. The judges recognised the diagnosticopinion as the most helpful evidence in the decision-making process (87.7%); whereas85.8% of them also underlined the importance of the environmental interview. Thereis no doubt about nearly the same perception of the purpose of the functioning ofthe supporting institutions by the respondents of all the three surveyed groups. Theyagreed that these institutions are necessary and the juvenile justice system could notexist without them. These institutions provide information allowing conducting com -plete diagnoses of the juveniles and their environment, and thus determining themost needed measure; as such, they help to make the decision on the applicationof the most appropriate measure in each case. The article also includes theoreticalanalysis and analysis of the applicable regulations. Each of them confirms the existenceof assumptions and premises to create a “model system of proceeding with juveniles.”
Źródło:
Archiwum Kryminologii; 2018, XL; 153-219
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
    Wyświetlanie 1-4 z 4

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