Temat: prawo karne - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Culture defence a polskie prawo karne
Culture Defence and Polish Penal Law
Autorzy:: Sitarz, Olga
Powiązania:: https://bibliotekanauki.pl/articles/698748.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: cultural defence
prawo karne
prawo zwyczajowe
kultura
mniejszości narodowe
polskie prawo karne
Polish Penal Law
cultural offence
culture
minority
culture defence
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 643-652
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 2.

Tytuł:: Kazirodztwo jako problem karnoprawny (dwugłos)
Incest as a Penal Law Issue (Two Perspectives)
Autorzy:: Daniluk, Paweł
Nowak, Celina
Powiązania:: https://bibliotekanauki.pl/articles/698696.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kazirodztwo
kryminalizacja
prawo karne
komparatystyka
incest
penal law
criminalization
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 473-487
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 3.

Tytuł:: Rola mediów w kreowaniu zagrożeń i sprzyjaniu populizmowi
The Role of the Media in Creating Threats and Supporting Populism
Autorzy:: Filar, Marian
Powiązania:: https://bibliotekanauki.pl/articles/698704.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: media
populizm
prawo karne
mass media
populism
penal law
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 489-493
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 4.

Tytuł:: O efektywności prawa karnego, ciemnej liczbie, wiktymizacji i rozmiarach narkomanii
On the Effectiveness of Criminal Law, the „Dark Figure” Victimization, and the Scale of Drug Abuse
Autorzy:: Tyszkiewicz, Leon
Kosmowski, Sebastian
Powiązania:: https://bibliotekanauki.pl/articles/699161.pdf
Data publikacji:: 2002
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawo karne
wiktymizacja
narkomania
criminal law
victimization
drug abuse
Opis:: The article presents the results of survey research carried out in the Katowice and Chorzów regions (SE Poland). In early 2000 we obtained 414 questionnaires completed by under- and post-graduate students at the University of Silesia’s Law and Administration Department and students of local high schools. The investigation was victimology-oriented, the respondents being asked not only whether they had been victims of crime of various kinds but also whether the perpetrator had been punished. Our premise was that based on measures adopted by Polish criminal procedure the victim of a crime was entitled to know of the offender’s punishment, assuming that he had in fact been convicted. Within our sample the predominant group was young people, females marginally outnumbered males, almost all respondents reported average or above-average circumstances, and almost all were also urban–dwellers, the vast majority living in towns with populations of over 100,000. The first question that interested us was the effectiveness of the law, chich is most fully reflected in measurements of absolute effectiveness, that is, the percentage of crimes punished to the total number of crimes actually committed. This umounted to 3.33%. If we deduct the relatively large number of non-indictable offenses, i.e. not subject to prosecution by the state (e.g. libel and slander) the figure rises to 4.02%. In addition to the absolute effectiveness measure we also calculated a relative effectiveness index. It was the ratio of punished offenses to the total number of offenses reported to law-enforcement authorities by the respondents. In our survey the relative effectiveness index amounted overall to 20.0% and after the elimination of non-indictable offenses to 19.7%. To estimate effectiveness we deducted offenses committed in 1999 on the assumption that the majority of these were too recent for prosecution and conviction to have taken place. Obviously, a crucial influence on measurement of the effectiveness of the law is exerted by the number of offenses reported to law-enforcement authorities. Our questionnaire was designed to allow respondents to adduce the number of instances of victimization in the preceding year and in general without mentioning their location in time. Since the survey was carried out in earlv 2000 the preceding year was 1990. The level of notification of crimes for the whole period in question came in our survey to 15.3% of the total incidence of crime. For 1999 this ratio recorded a count of 13.1% in other words was fractionally lower. After deducting non-indictable offenses these indexes rise to 19.9% and 19.0 % respectively. The most frequently reported crimes were burglaries (58.7%). Next on the list came simple larceny (18.6%) and fraud (18.1%, 29.5% in 1999); no cases of bribery were reported. A relatively rarely reported crime was robbery with violence (12.2%, 13.7% in 1999). The so-called "dark figure" can be stated in a variety o ways. One is by an absolute number, either broader or narrower. This depends on inclusion in the dark figure of all offenses actually committed or only those which are not reported to the law-enforcement authorities or are subject to private prosecution. Another way of determining the dark figure is by an index- or ratio-based measure. Here, too, there are two possibilities. In the first the number of offenses actually committed per the number punished is calculated. The second estimates the number of offenses actually committed per the number reported. The findings of our survey were as follows. The dark figure for the total number of crimes actually committed and the whole of the period in question amounted in absolute terms to 1,492 and for unreported offenses to 1,263. For 1999 corresponding counts came to 562 and 488 respectively. In index-measured terms the number of offenses actually committed per the number reported amounted for the whole period in question to 6.5 and for 1999 to 7.6, in other words to fractionally more. The number of offenses actually committed per the number punished (after deducting offenses committed in 1999) since it is hardy likely that any of these would already have been punished in early 2000 amounted to 30. Considerable attention was given to determining the structure of offenses committed, reported and punished and to the structure of offenses committed to the injury of different categories of victims (men, women, high school students, undergraduates, doctoral students). Differences were found here. The most significant was that the most frequent victims of offenses against the person are males and persons in the younger age group; the same pattern holds for robberies with violence of which females are only exceptionally the victims (only three cases in the whole the of the material gathered by the survey). By contrast, females and persons in the older age group are the most frequent victims of simple larceny. An in-depth victimologicar analysis yielded the following findings. The coefficient of victimization, that is, the total number of offenses per member of the sample, amounted for the totality of our respondents over the whole period in question to 3.60, though it was much higher for the male and younger age group (5.5 for the former and 7.86 for the fourth-year high school students). In the females group as a whole the coefficient came to 2.40 and was highest in the doctoral students sub-group (3.27). The victimization index is the percentage of the number of crime victims in the whole of the sample. If we subtract the victimization index from 100 we will obtain a percentage measure of the number of persons who have not be victims either of any crime or of a crime of particular kind. For the whole of the sample and the whole of the period in question this index amounted to 76.1%, i.e. the number of non-victimized persons did not exceed 23.9%; for 1999 the counts were 47.1% and 52.9% respectively. The victimization index in the males group amounted to 85.1% for the whole period in question and to 57.8% for 1999; in the females group the analogous counts came to 70,4% and 40.3% respectively. Victimization intensity is a measure which is characterized by the number of criminal acts committed per victim. In our survey it amounted to 4.74 for the whole sample and the whole period covered by the survey and to 2.88 for 1999. The analogous scores for the males and females group came to 6.46 and 3.68 and for the females to 3.41 and 2.16. An important supplement to victimological investigation is determining an index of victimization variation. It completes the picture provided by victimization intensity. For obvious reasons this measure is calculated only for the whole sample or its subgroup. It illustrates how many kinds of offenses have been committed against the average victim. Victimization variation is calculated by dividing the sum of the number of individuals wronged by particular categories of offenses by the total number of victims among the persons included in the sample. There is a certain relationship between victimization intensity and variation. If intensity equals one, variation also equals one. Aside from this instance variation either equals intensity or is slightly lower. Variation can never exceed the number of the kinds of offenses specified in an investigation. Within these limits the closer the variation index is to the value of variation, the higher the variation of criminality given that intensity is relatively high. If inteisity approaches unity variation, despite the proportionately high level of the index, diminishes. In our survey intensity for the whole group and for the whole period in question amounted to 4.74 and for 1999 to 2.88. In other words, the average number of offenses per victim came overall to almost five, and in 1999 this average came to close on three.The variation measures attained a level of, respectively, 2.38 and 1.58 which means that, overall, victims were wronged on average by two kinds of offenses and in 1999 by between one and tow. The highest intensity occurred in the males subgroup of the high school students group (8.24) which also had the highest variation index (3.46). As for intensity second place was occupied by males in the doctoral students group (8.04), thougt its variation score/count was markedly lower than in the high school students group (2.80). Our survey also indicated the scale of drug abuse. The respondents were asked to state the number of contacts they had had with persons using drugs and with dealers or producers of drugs. Within the whole group studied contacts with consumers of drugs were reported by 49.0% of the respondents and contacts with drug dealers or producers by 25.1%. These contacts were much more frequent among the high school students (67.4% and 39.3% respectively) than among tne undergraduates and doctoral students (27.4% and 8.6%). The survey presented here covered a relatively small group of persons and one drawn from only a single region. Further investigations of this type are essential.
Źródło:: Archiwum Kryminologii; 2002, XXVI; 101-131
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 5.

Tytuł:: Prawo karne islamu w Europie?
Islamic penal law in Europe?
Autorzy:: Gutkowska, Agnieszka
Powiązania:: https://bibliotekanauki.pl/articles/698943.pdf
Data publikacji:: 2010
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kryminologia kulturowa
prawo karne islamu
cultural defence
islamic penal law
Opis:: The article is concerned with selected rules of Islamic penal law. Such a discussion seems necessary (though naturally not sufficient) to attempt to answer the question about the best model of coexistence of sometimes drastically different cultural and normative systems in modern multicultural world. The choice of sharia is justified if we take into account that according to demographic data there are over 38 million of Muslim people living now in Europe. Without a doubt, such a situation may be a challenge because sharia explicitly states that observing laws in the country of residence (kanun) is a duty of every Muslim believer – however provided that the laws do not contradict sharia. There is one striking example of coexistence of different normative systems in Europe. The United Kingdom is the only European country so far which has decided to include Islamic laws in its legal system. Muslim citizens, if they are willing to, can decide property, inheritance, and family disputes in sharia courts and their decisions are recognised by the state. A conscious decision on integration of legal systems should rely on a deeper understanding of the legal system to be integrated into the current one. Understanding sharia requires, first of all, being aware that in the legal culture of Islam there is no division into secular and religious sphere. Hence, the common European perception of sharia as religious law must be considered a mistake. Sharia distinguishes two spheres: ibadat and mu’amalat. Ibadat, that is acts of faith, is the branch of law comprising religious duties of Muslim people. As a rule, breach of ibadat results with punishment in earthly life. Mu’amalat, that is transactions, contains provisions concerning interpersonal relations and protection of five basic human needs: life, religion, family life, property, feelings, and intellect. Yet, it cannot be said that ibadat is religious while mu’amalat is secular law. Together they form sharia and, what is more, they both contain penal provisions. In sharia, penal law is not a separate branch of law and both rules of penal law and sentence administration appear in both branches of sharia. Crime in Islamic law is always a detriment to the society as it infringes social order, God’s order, is a sacrilege (as it is a human infringement of divine rules), and a source of corruption for others. Classification of crimes in sharia is also entirely different from the western one. The basic criterion is the grounds for punishment and crimes are classified as punishable as hudud, kisas (or dijja), and ta’zir. Distinction between deeds punishable under Qur’an (hudud and kisas) and deeds punishable under customary law (ta’zir) is specific for Islamic law. While considering issues related to Islamic penal law, one cannot stop at the literal interpretation of sources of law.
Źródło:: Archiwum Kryminologii; 2010, XXXII; 403-412
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 6.

Tytuł:: Zjawisko wiktymizacji wtórnej: pojęcie, przyczyny, przeciwdziałanie (na przykładzie niektórych polskich regulacji karnych)
Secondary Victimisation: Definition, Causes, Prevention (Example of Selected Polish Penal Regulations)
Autorzy:: Bieńkowska, Ewa
Powiązania:: https://bibliotekanauki.pl/articles/698870.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: wiktymizacja wtórna
prawo karne
wiktymologia
powództwo adhezyjne
polskie prawo karne
postępowanie mediacyjne
secondary victimization
adhesion procedure
Polish Penal Regulations
penal law
victimology
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 65-74
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 7.

Tytuł:: Biologia kryminalna, czyli o właściwym miejscu nauk ścisłych w wyjaśnianiu przyczyn przestępczości
Criminal Biology: On the Proper Place of Science in Explaining the Origin of Crime
Autorzy:: Zalewski, Wojciech
Powiązania:: https://bibliotekanauki.pl/articles/698888.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: biologia kryminalna
prawo karne
przestępczość
criminal biology
penal law
delinquency
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 253-266
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 8.

Tytuł:: Przestępczość narkotykowa w Polsce w latach 1985-1996 w świetle danych statystyki policyjnej i sądowej
Drug Crime in Poland 1985-1996 in the Light of Police and Court Statistics
Autorzy:: Krajewski, Krzysztof
Powiązania:: https://bibliotekanauki.pl/articles/698937.pdf
Data publikacji:: 2000
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość
narkotyki
statystyka
prawo karne
criminality
narcotics
statistics
criminal law
Opis:: In many countries of Western Europe, and of Northern America in particular, drug crime is a most serious problem both in the quantitative and the qualitative terms. This means that oflences of this type engage a considerable portion of the forces and means put at the disposal of law enforcement and criminal justice in those countries. Against this background, the question arises about the recent situation in this respect in Poland. The problem is that for many years after World War II, drug addiction was a problem of minor importance, also from the viewpoint of the police and courts. It was only in the latter half of the seventies, that a considerable drug subculture emerged in Poland, which resulted from propagation of homemade Polish heroin. And yet there was in Poland no "real'' black drug market or the division into dealers and consumers, as the addicts usually manufactured Polish heroin for themselves. Bigger changes only took place in the nineties, when Poland became a significant manufacturer of amphetamine for Western markets and an important transit country, especially for heroin smugglers from the so-called Balkan route. What remains unclear, instead, is the impact of those phenomena on the internal drug market. The extent of opiates subculture does not seem to have grown considerably, and Polish heroin still plevails, the "real" one being too expensive. What did go up, and significantly at that, is consumption of other drugs, especially amphetamine and marihuana. Yet against the general "moral panic" related to amphetamine, few epidemiology surveys indicate the greatest popularity of marihuana and not amphetamine among the school youth. The analysis discussed in the present paper aims first and foremost at answering the question as to the extent to which the above changes in drug addiction and traffic have been reflected in the functioning of law enforcement and criminal justice in Poland. To this aim, analyzed in the first place have been data on detected drug offences from police statistics, as well as date on convictions for such offences from court statistics. Basically, the analysis concerns the years 1985-1996 when the 1985 Drug Control Act was in force. With respect to the police statistics, analyzed have also been data for 1991-1998, that is the period of operation of the new 1997 Act. The major findings of my analysis can be summarized as follows. First and foremost, it has to be stated that in quantitative terms, the role of drug crime in the daily practice of law enforcement and criminal justice agencies in Poland in 1985-1996 was in fact of minor importance. Thus both detected drug offences shown in police statistics and convictions for such offences shown in court statistics constituted less than 1% of all offences and convictions as a rule. Admittedly, at the end of the discussed period, an upward trend in drug crime could be noticed in the police statistics in particular, and thus in the overall structure of crime; yet its extent is still much smaller compared to most West-European countries. The question remains largely open to what extent the growth in detected drug crime, particularly noticeable starting from 1994, results from an actual growth in the number of offences, as it may well result also from the Polish police forces' growing efficiency in detecting offences of this type. In 1985-1996, there was in Poland a most specific structure of drug crime. Thus two offences prevailed in the structure of both detected offences shown in police statistics and convictions contained in court statistics: illegal cultivation of poppy and illegal manufacture or processing of narcotic drugs. In some years, the two offences together accounted for over 80% of the bulk of drug crime registered by the police, and for even a greater proportion - up to 90% - of all convictions for such offences. Instead, the share in the overall structure of drug crime in Poland of such "classical'' offences as smuggling, trafficking and dealing in drugs was at the minimum level until 1994. It was only after that year that the proportion started to grow: by 1998, the structure was reversed with 65% of all offences detected that year being cases of dealing in drugs. So far, however, this shift is hardly reflected in the structure of convictions for such offences, which remains largely unchanged compared to previous years. This may demonstrate the Polish police forces' much greater efficiency in detecting drug dealers combined with persisting faults in the area of gathering evidence that would make it possible to indict specific persons in such cases. Another problem that can still be hardly called serious in Poland is punitive policy of courts with respect to drug offenders. Quite the contrary: there was a lot to indicate even in the eighties that the policy towards such offenders was even more liberal compared to the treatment received by other offenders. This was demonstrated by the role of fine as a selfstanding penalty, imposed much more often on drug offenders, and also by the more frequent staying of sentences. Of course, this situation resulted chiefly fiom the above-mentioned specific structure of the Polish drug crime. Traditionally prevailing among those guilty of the offence of illegal poppy cultivation were farmers, who whether intentionally ignored or were not aware of the limitations imposed on poppy cultivation by the 1985 Act. Among the illegal manufacturers of drugs, in turn, a considerable proportion were addicts who manufactured the Polish home-made heroin for themselves. Again, one can hardly speak of drug business in such cases. Most of the offenders were not profit-seekers. This means that under the 1985 Drug Control Act, Polish courts most seldom had to do with the "real" and "serious" drug crime - the long-established everyday routine of courts in most of the developed West-European and North-American countries where that crime absorbs a considerable portion of forces, means and energy of the local law enforcement. What is more, transformations of the Polish drug scene - reported by the police and the media - have so far been but slightly reflected in the work of Polish courts and in their penal policy. Again, the question remains open to what extent this situation might change over the next few years.
Źródło:: Archiwum Kryminologii; 2000, XXV; 81-121
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 9.

Tytuł:: Kara pozbawienia wolności w świadomości społecznej oraz w świetle zasad sprawnego karania
Imprisonment in Social Consciousness and in the Light of Efficient Punishment Principles
Autorzy:: Kwaśniewski, Jerzy
Powiązania:: https://bibliotekanauki.pl/articles/698752.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara pozbawienia wolności
sankcje karne
zasady sprawnego karania
prawo karne
imprisonment
penal sanctions
penal law
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 692-701
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 10.

Tytuł:: Obraz polityki karnej lat osiemdziesiątych i początku lat dziewięćdziesiątych (1980‒1991)
Penal Policy in the 1980s and early 1990s (1980‒1991)
Autorzy:: Jasiński, Jerzy
Powiązania:: https://bibliotekanauki.pl/articles/962416.pdf
Data publikacji:: 1993
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: polityka karna
sądy polskie
prawo karne
penal policy
Polish courts
penal law
Źródło:: Archiwum Kryminologii; 1993, XIX; 27-105
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 11.

Tytuł:: Charakterystyka stanu i zmian rozmieszczenia wybranych przestępstw w Szczecinie z wykorzystaniem geostatystycznej analizy GIS
Analysis of the State and Change in Crime Distribution in Szczecin Using GIS Geostatic Methods
Autorzy:: Sypion-Dutkowska, Natalia
Powiązania:: https://bibliotekanauki.pl/articles/698610.pdf
Data publikacji:: 2015
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawo
konstytucja
praworządność
prawo karne
techniki GIS
law
constitution
jurisprudence
criminal law
GIS Techniques
Opis:: The aim of the article is to analyse the state and change in distribution of three types ofcrime (fights and beatings, domestic crimes, and automobile crime) in Szczecin duringthe years 2006-2010. It posits the following research questions: 1. Which type of crimes displayed a greater susceptibility to a spatial concentration? 2. Are there spaces with a higher intensity (density) of crimes and others free ofcrimes, and where are they? 3. Do spaces with a higher intensity (density) of crimes display spatial stability? The analysis makes use of geo-coded data points for crimes made available by Szczecin City Police Headquarters (crime, street, building number). It made useof geostatic methods with GIS programming, such as: Kernel density estimation;cartogram density maps (determining spaces with low and high crime densities); rangemethods (determining spaces with a lasting presence of the types of crimes found inhigh density spaces); chorochromatic methods (a map presenting only spaces witha persistent presence of the analysed types of crimes). Next, as a measure of the spatial concentration of crime, acknowledging changes in their reach and independent of theirnumber, the analysis found indicators of the concentrations for types of crime, whichenabled the author to provide answers to research questions and formulate conclusions. Maps showing low and high concentrations of fights and beatings revealedsignificant distribution and a certain spatial instability in built-up areas in Szczecin. They occured in the years 2006-2009 in around 20 spaces of varied size: one sprawlingaround the city centre, two or three medium-sized, and dozen or so small points. In theyears 2009-2010, spaces displaying fights and beatings had spread out onto the blockestates lying in the western part of the city, while they had practically vanished from thePrawobrzeże area and the north. In 2010, there were only around 15 spaces displayingthis crime in Szczecin.Maps showing low and high densities of domestic crime display focus and spatialstability in built-up areas in Szczecin. They appear in the years 2006-2009 in onlythree to six (not counting two or three that are completely insignificant) spaces ofvarious size. The largest appears in the city centre as well as neighbouring densely-builtresidential areas. They are all densely-built spaces next to streets from the end of the 19th century, or block estates mainly from the 1970s and 1980s. The second space displayingdomestic crimes encompasses the Majowe and Słoneczne block estates in Prawobrzeże, although its range is gradually decreasing. There is a striking lack of domestic crimesin significant numbers amongst the social problems in the post-industrial Skolwin and Stołczyn settlements. Located just south is Warszewo, where there is a quickly-growingexpansion of new residential developments, and it too is free from domestic crime. Maps showing low and high concentrations of vehicular crime display significantfocus and spatial stability in built-up areas in Szczecin. They appear in 2006 in seven, in 2007-2009 in three, and in 2010 in two (not counting one or two completely insignificant) spaces of various size. The largest, similarly to the case of domesticviolence spots, occur in the city centre and its neighbouring built-up areas. Theyare also all densely-built spaces next to streets from the end of the 19th century, orblock estates mainly from the 1970s and 1980s. The second space showing a lastingpresence of vehicular crime is the location of the Majowe and Słoneczne blocks in Prawobrzeże. Much like in the case of domestic crime, they do not appear amongst thesocial problems counted in the post-industrial estates of Skolwin and Stołczyn. Insteadthey appear slightly south of them in the quickly-growing new residential expansionin Warszewo. In 2006, the most strongly concentrated were fights and beatings, thenslightly less were vehicular crimes, and significantly less was domestic crime. In 2010,the most concentrated were fights and beatings, then domestic crime, and then leastwas vehicular crime. Areas of high density in all the studies of crime are concentrated in Szeczin’s citycentre and neighbouring residential areas and they take up approximately in squarekilometres the respective: one of fights and beatings, through two and a half of domesticcrimes, to around three and half in vehicular crime. The areas all overlap, and oneshared area where all appear spans around one square kilometre. This region also indicates a significant lasting presence. Other types of crime are equally concentrated. The remaining areas of Szczecin are free of a significant intensity of this type of crime. A cause of this state of affairs is most likely the focus and overlapping ofdeterminants of crime, both spatial (communal dwellings, alcohol vendors, commercialbuildings) and social (unemployment, poverty, lifelong helplessness, alcoholism, family dysfunction, lack of social controls, acceptance of criminal behaviour). An additional factor favourable to crime in the centre of every large city is the large flow of peopleand their anonymity. Szczecin’s city centre, however, indicates a significant persistencein the incidence of criminogenic factors. The quarters of Szczecin’s city centre developments located within the “criminalsquare kilometre” between Pope John Paul II Alley, Tkacka Street, Port Gate Square,Kaszubska Street, Mariana Langiewicz Street, Kazimierz Pułaski Street, Bolesław ŚmiałyStreet, July 5th Street, Grey Ranks Square and Wielkopolska Street demand particularoversight by police. Taking the long view, they ought to be revitalised in a mannermore complex than before, resulting in building local community ties, improving thematerial situation of the inhabitants as well as that of the buildings’ technical state,spatial order and visual attractiveness.
Źródło:: Archiwum Kryminologii; 2015, XXXVII; 303-326
0066-6890
2719-4280
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Tytuł:: O dopuszczalności prowadzenia czynności operacyjno-rozpoznawczych w jednostkach penitencjarnych
The Acceptability of Conducting Operational-Identification Activities in Penitentiary Units
Autorzy:: Herbowski, Piotr
Powiązania:: https://bibliotekanauki.pl/articles/698606.pdf
Data publikacji:: 2015
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawo
konstytucja
praworządność
prawo karne
law
constitution
jurisprudence
criminal law
penitentiary units
operational-identification activites
Opis:: For many years, a number of concerns in Poland have been raised about thepossibility of conducting operational-identification activities in police custody andpenal institutions by services responsible for public order. Sometimes even alarmingviewpoints have been formulated about the lack of such activities since the end of the1980s. Appearing in connection with this are postulates about renewed adoption ofthese activities in the Polish prison system. However, this testifies above all to a lack offamiliarity with the field of interest in services eligible for operational activities. Thisalso leads to introducing wider scientific analysis which cannot however restrict itselfto only easily accessible aspects of this topic.Besides the supporters of such activities, there are also determined opponents, andtheir counter accusations are very serious. Operational-identification activities carriedout in penitentiary institutions, in their opinion, adversely affect the achievement of thegoals of imprisonment, as well as the course of the criminal process, and even violate therights of the incarcerated. However, the authors of such statements do not support themwith factual arguments. It seems they result to some extent from negative experiencesendured during the communist era. But one cannot compare the circumstancesand conditions under which activities were carried out in penitentiaries before andafter 1989. So there is no question of returning to practices from the communist era.The sources of this attitude should also be sought, amongst others, in the mistakenperception of operational activities carried out by officers of the prison services. It isnot currently possible, as this would result in a lack of confidence of the condemned inpsychologists and educators, and would consequently thwart their rehabilitation efforts. There currently does not exist any legal basis in the executory penal code allowingthe exclusion of imprisoned individuals from the circle of interest of law enforcementagencies which may exhibit an eagerness to use them in the character of sources of personal information. Nor is there a completely voluntary, above all secret, methodof co-operation for those temporarily arrested and imprisoned with national services,that would rely predominantly on conveying information that interests them, thusdiscerning a contradiction in the rules of the performance of a punishment. The reported postulates for introducing limits in the course of completingoperational-identification activities in penitentiary units have a very generalcharacter and indicate only theoretical acquaintance with the issue. It also seemsthey groundlessly assume ill will and non-observance of the rules of law and orderin the activities for their implementation by police and special services. Operationalactivities are sometimes ethically questionable, but also necessary to fight crime effectively, especially the organised variety. Nor can one forget that the activities of lawenforcement agencies seeking to uncover culprits demand making use of others, whoare often less loyal than in the proceedings of criminal methods. Poland’s constitutionallows for the limiting of the use of rights and civic freedoms when it is essential in thedemocratic state for its safety or to maintain public order, be it for the protection of theenvironment, health and public morality, or for the freedom and rights of other people. Operational-identification activities carried out in penitentiary units satisfactorily passso-called tests of legality, appropriateness and necessity as well as fulfilling a statutoryrequirement for a legal basis for authorising interference in the rights and freedoms ofcitizens.It should be explicitly stated that currently there is a lack of any limits linked tothe location of carrying out operational-identification activities. In connection withthis, all authorised services can also carry them out in penitentiary units, both prisonsand detention centres, without the prison services mediating. This mainly results fromduties put into place by legislators for police and special services that protect the formsand methods used in the course of operational-identification activities. Even if thisduty did not exist, operating officers would certainly not be willing to work with prisonservice officers, fearing the unmasking of their undertaken actions. Among the operational methods used by services authorised to carry them out,the greatest collection of knowledge about criminal groups, including their activitiesand plans, can be gained thanks to co-operation with personal sources of information.It is precisely this method that serves in most cases when acquiring information inpenitentiary units. In practice, however, working with informants sitting in detentioncentres and penal institutions has a subsidiary character, since information is onlyacquired when doing it any other way would be very difficult or even impossible. This iscaused above all by essential problems connected to the appropriate selection, drawingup and carrying out of recruitment or the handling of sources. Therefore, operationalwork in penitentiary units does not have the nature of permanent surveillance.The essential benefits associated with obtaining information from incarceratedpeople have also been demonstrated for many years in countries with establisheddemocracies, such as the US and Canada. This is something which has unfortunatelyescaped the attention of Polish critics of such activities.
Źródło:: Archiwum Kryminologii; 2015, XXXVII; 347-368
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Tytuł:: Indywidualna ocena szczególnych potrzeb ofiary : europejskie standardy a regulacje polskie
An Individual Evaluation of the Specific Needs of Victims: European Standards and Polish Regulations
Autorzy:: Mazowiecka, Lidia
Powiązania:: https://bibliotekanauki.pl/articles/698614.pdf
Data publikacji:: 2015
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawo konstytucyjne
prawo karne
praworządność
victim of crime
European standards
law
constitution
jurisprudence
criminal law
Opis:: This article is devoted to discussing a new EU law institution which is about theindividual assessment of the specific needs of victims within the framework ofprotection. The issue is important since the institution for individual assessmentshould be implemented in the Polish system of law, but it also happens to invokemany controversies and misunderstandings. Most accurately it became accepted inthe Directive of the European Parliament and Council 2012/29/EU on 25 October2012, establishing minimum standards for the rights, support and protection ofvictims of crimes, thus replacing Council Framework Decision 2001/220/JHA. Therehad previously been talk about it in two other directives, namely Directive of theEuropean Parliament and Council 2011/36/EU from 5 April 2011 which was aboutpreventing human trafficking and combating it as well as protecting victims, whichreplaced Council Framework Decision 2002/629/JHA, and Directive of the EuropeanParliament and Council 2011/93/EU from 13 December 2011 on combating sexualabuse, the sexual exploitation of children and child pornography, which replacedCouncil Framework Decision 2004/68/JHA. An instrument closer to individualevaluation was also introduced by the European Council Convention for preventingand combating violence against women and domestic violence on 11 May 2011. Analysis of the regulations contained in these documents proved that victims ofcrimes have to be subjected to individual assessment every single time, the basis ofwhich are their personal qualities, type and character of the crime, as well as theirlocation. A particular weight is attached to ensuring the protection of the personalqualities of the victim. Individual assessment, on the one hand, should get confirmationif the given victim has specific needs, and if so, what kind of protection in criminalproceedings and support they need. On the other hand, it describes concrete means ofprotection and support as foreseen in the articles of the above-mentioned documents.So it is therefore best to adapt these means to specific needs.The discussed international documents prescribe always recognising a child asa person of specific needs, defining them as any person under 18 years of age. It alsoindicates that a person whose age cannot be confirmed, but for whom there are reasonsto believe they are a child, should be considered a child. For children that are victims ofcrimes, they also anticipate a wider catalogue of measures than for adult victims withspecific needs. An analysis of Polish law regulations has been made against a background ofsolutions accepted in international law acts. The analysis included in its particularscovers issues such as the problem of informing the victim about their entitlement torights, professional preparation of people who have contact with them on a professionalbasis, confirmation of special protection measures for the victims in criminal proceedings, appointment of procedural curators for harmed minors to preventconflicts of their interests with those of people who have parental custody or care overthem. Also referenced were solutions introduced by the act from 28 November 2014 about protection and aid for victims and witnesses, as well as the “Blue Card” procedurecarried out during interventions in situ undertaken in relation to family violence. Also discussed were the questionnaires prepared by the Ministry of Justice tocarry out the evaluations of specific needs of victims – this is part of the scope of thespecialist help they are meant to provide non-governmental organisations supportingvictims as well as within the scope of sharing special means for protection during criminal proceedings. It turned out that a significant majority of Polish legal normsand practices do not conform to international standards in the discussed field. With fullcertainty, institutions of individual assessment have not yet been implemented in Polish legislation, while the achieved undertakings appear insufficient. One can even say thatthey have only been pretending to aim to implement them. A specific objection is thefailure to achieve any activities aimed at ensuring a uniform standard of protectionfor all children. So children are held using current regulations under which the levelof their protection is dependent on their age and the type of criminal victimisationexperienced. Nor was there a separate category of victim with special needs in terms of protection. So special protection methods are still only given to victims of crimesof a sexual nature, as classified in articles 197 to 199 of the Criminal Code. In place ofthis, regulations ought to be introduced enabling specific methods of interrogating allvictims with special protection needs. Nor does it take into account the will of victimsabout the use of certain measures that they agree with subjectively
Źródło:: Archiwum Kryminologii; 2015, XXXVII; 253-278
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Tytuł:: Spożycie napojów alkoholowych w Polsce w 1985 r. Część I: Wzory zachowań
Consumption of alcohol in Poland in 1985. Part I: Patterns of behaviour)
Autorzy:: Jasiński, Jerzy
Powiązania:: https://bibliotekanauki.pl/articles/699265.pdf
Data publikacji:: 1989
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: zachowanie
konsumpcja
alkohol
prawo karne
uzależnienie
behavior
consumption
alcohol
criminal law
addiction
Opis:: THE SURVEYS Two consecutive alcohol consumption surveys were carried out in Poland in 1980 and 1985. In both of them quota samples of population 16 years of age and over were used, and the sizes of the samples were 1972 and 1808 respectively. The surveys were sponsored by the Institute of Psychiatry and Neurology which is responsible for funding research on a broad range of topics related to alcohol, its effects, use and misuse. The fieldwork was carried our by specially trained interviewers of the Centre for Public Opinion Survey and Programme studies of the state Committee for Radio and TV in Warsaw, a well established public opinion poll institute working already for more than 30 years. The majority of items included in the questionnaires used in each survey were identical, only some were altered, dropped entirely, or substituted for by other formulations. The preliminary part of both questionnaires concerned the relations of the respondents with other people. This was followed by a group of several questions related to the last drinking occasion: place and company of drinking, kind and amount of alcohol consumed, and the reason for drinking. In the 1985 survey more detailed information on the last occasion of drinking was collected, viz. separate questions were asked in relation to the last occasion of consumption of spirits and that of the consumption of wine, as well as on the duration of these occasions. The persons who had not consumed alcohol during the twelve months preceding the interview were asked whether they had ever drunk before, and what the reasons were for their being teetotallers. All the respondents were requested to tell about their pleasant and unpleasant experiences with alcohol, and whether alcohol helped them or caused trouble in some situations listed in the questionnaire, and pertaining to their social and professional life. Apart from that, the respondents were asked to express their approval or disapproval of several statements concerning good and bad consequences of drinking. In this part of the questionnaire, in the 1985 survey several alterations were introduced in comparison with the former survey. What remained unchanged in the questions were those on being victimized during the last twelve months while drunk, or by a drunk person. The questions on drinking in excess or more often than desired, or binge drinking-asked in the 1980 survey - were replaced in the 1985 survey by questions forming the CAGE questionnaire. Other questions asked in both surveys concerned the consumption of moonshine alcohol and drinking at work. The concluding part of the questionnaires was designed to obtain information on the respondents age, sex, education, place of residence, kind of work, etc. In the above surveys, the-last-occasion approach was applied in order to estimate the size and the pattern of alcohol intake by the respondents. This approach is adopted in the majority of Polish alcohol consumption surveys, following the example of a Finnish researcher P. Kuusi. Both surveys were carried out in mid-September, i.e. after-summer holidays, during a normal working month, without any important religious or national festivities, which would have changed to some extent the ordinary drinking practices. THE BEVERAGES During the years 1980-1985, the size of the apparent consumption of alcoholic beverages changed considerably. According to the official data derived from the statistics on sales of commodities, in 1980 the per capita consumption amounted to 8.4 litres of pure alcohol, of which 71 per cent was drunk in spirits,15 per cent- in wine, and 14 per cent -in beer. The 1985 figures were: 6,8 litres, 67, 15 and 18 per cent respectively. It looks as if the total consumption decreased substantially (by 19 per cent), but the structure of beverages consumed remained fairly stable. However , according to the opinion shared by the majority of specialists on the subject, the drop in the officially recorded consumption was associated with a marked increase in moonshine alcohol, which resulted in raising the total consumption to at least the 1980 level. The results of the survey seem to support this assertion. The per capita self-reported consumption of alt alcoholic beverages amounted to 5.6 and 5,9 litres of pure alcohol in 1980, and 1985 respectively. Thus, instead of the 1985 drop, a slight increase occurred (by 5 per cent). Moreover, while. the self-reported consumption of the majority of the beverages remained stable a large increase was noted in the home-made beverages: the illegally distilled moonshine alcohol (spirits) and the legally made fruit wine. The consumption of moonshine spirits was in 1985 higher than that in 1980 by 130 per cent and the consumption of fruit wine was higher by 60 per cent. In1985,one-scventh of all alcoholic beverages consumed were home-made, while in 1980 - only one-thirteenth. As a result, the share of spirits in the total amount of alcohol consumed – whether legally or illegally distilled in 1985 exceeded the 71 per cent level of 1980. Between the years 1980 and 1985 the proportion of consumers of fruit wine and spirits within the population remained stable, and that of other beverages increased. In particular, the number of those who drank moonshine spirits doubled. With the exception of fruit wine drunk in 1985 by nearly one-third of men as well as women 16 years of age and over, other beverages were consumed by far more men than women. This was particularly the case as regards beer which was drunk by 70 per cent of men and only 20 per cent of women, and moonshine spirits which were drunk by 30 per cent of men and 11 per cent of women. Spirits, which in Poland means mostly vodka, were consumed by 85 per cent of men and 62 per cent of women, and wine by 46 and 39 per cent respectively. FREQUENCY AND AMOUNT The-last-occasion approach adopted in the surveys consists not only in asking the respondents of how much and of how long ago they had drunk for the last time each of, the alcoholic beverages enumerated in the questionnaire, but also in assuming that the occasions reported were typical for the ways the respondents drank. Frequency of drinking depends heavily, among other things, on the kind of' beverage. In the Polish culture, wine is the less frequently drunk alcoholic beverage. Two-thirds of its consumers drink it at most once a month, and half of all its consumers - at most once every three months. Home-made fruit wine is being drunk even less often. Only one in five or six wine consumers drink it once a week or more often. The consumers of spirits seem to be divided into two distinct groups, one formed by occasional drinkers (at most once a month) and the other by frequent drinkers (several times a month or even several times a week). The first group consists of one-third, and the other one of more than half of all spirits drinkers. One in five of them drinks spirits several times a week. Most evenly distrributed on the frequency scale of drinking were the consumers of beer. Nearly as many drank it every day, every week, every month or every three months. Similar picture emerges in respect of the amount drunk on one occasion. Regardless of the beverage, most consumers drink small quantities only. But there are also heavy drinkers who consume on one occasion at least a quarter of a litre of spirits, one litre of wine or more than one litre of beer. Those drinkers constituted one in five of spirits' consumers, even one in two of moonshine spirits consumers, and one in five of wine or beer consumers, less heavy drinkers are only among home-made fruit wine drinkers (one in ten). The information concerning the frequency of drinking and the amount of alcohol consumed makes it possible to separate four patterns of drinking: heavy and frequent, heavy and infrequent, moderate and frequent, moderate and infrequent. Among consumers of different beverages, the group of persons drinking moderately and infrequently was the most numerous particularly as regards the consumers of wine, and smaller degree the consumers of spirits and moonshine spirits, and to the smallest degree-the consumers of beer. Also the group of persons drinking heavily and infrequently were relatively numerous, apart from consumers of beer, among whom the second most numerous group was that of persons drinking moderately and frequently. Every fourth or fifth consumer of beer, every seventh consumer of home-made frit wine drank much and frequently. As regards persons, who drank any two of the above-mentioned beverages, a convergence of their drinking parents could be noticed which consisted in the following regularity: if one of the beverages was consumed according to one of the patterns, the other beverage was generally also consumed according to the same pattern. The above results were very similar in both surveys. However, in the 1985survey, a slight shift towards greater concentration of consumption could be noticed. One of the effects of drinking alcohol, and for some consumers probably also one of the aims of drinking, is to get drunk. Using the information from the 1985 survey on such factors as the kind and amount of beverages consumed, the duration of the drinking occasion, and the sex and weight of the respondent, the blood alcohol concentration was estimated for every drinking occasion reported. In about one quarter of drinking occasion this estimate could not be done due to the lack of some of the necessary data, most often that of the weight of the respondents. Only one in every five events of drinking spirits and one in three events of drinking wine have not caused a rise in blood alcohol concentration above the physiological level of 0,2 per mille. Getting drunk, i. e. overstepping the blood alcohol concentration of 1.5 per mille, occurred in 13 per cent of incidents of drinking spirits, 7 per cent of drinking wine, and 5 per cent of drinking home-made fruit wine. If related to the total number of drinking occasion of the above beverages this means that in Poland every day about 600 thousand persons would get drunk. Persons getting drunk were significantly more numerous among men than women, and as far as men are concerned among young (up to 40 years of age), less educated, blue-collar workers describing themselves as non-believers or non-worshiping believers. Among women only those who felt to be better off than average would drink significantly more often than others. DRINKING OCCASION One of the characteristic features of drinking alcohol in Poland is using the existing occasions or inventing them. Alcohol happens to be drunk in order to celebrate such events as family festivities (like name-days or birthdays), religious ceremonies (like baptism, confirmation or - in particular - wedding), national holidays, government ceremonies (like opening a factory, a museum'' new railway station or a bridge), other happy events (tike winning a match by a favourite soccer team, passing important examinati.ons by the son or daughter, their entrance to the high school or the university). Drinking occasion may be called for while looking for some comfort caused by losing a march by a favourite soccer team a set-back at work, or misfortune in personal matters. Alcohol is served and drunk in order to show hospitality, to emphasize the importance of a guest or an unusual, lofty, or particular character of the meeting, etc. This list could be easily extended, but it does not seen necessary as its aim is only to show that drinking alcoholic beverages - probably with the exception of beer only – is perceived as an event calling for special justification. This justification should not be equated with causes of drinking, deeply rooted and often not understood and realized clearly by the person in question. Therefore, the justification for drinking provides an insight not so much into the reasons of drinking as into its cultural context. Using the information on the kind and amount of alcohol drunk, on the place of drinking, character of the occasion, and, in the 1985 survey, also on the duration of the drinking incidence, three main types of spirits and wine consumption occasions were distinguished: a family celebration, a friendly social meeting, and a drinking-for-purpose event. The family celebration comprised nearly half of all drinking occasions described in the replies of the respondents. These occasions lasted longer than others, namely about 4 to 5 hours, with many persons taking part, the amount of alcohol drunk was smaller by half than the average amount and in more than 90 per cent of cases they took place in private quarters. The friends-meeting social type of drinking occasions were less numerous, they comprised about one-third of the total number of the last occasions reported. Half of them occurred in friends appartments, one-fourth on the respondents flats, and one in seven in a bar or restaurant. The meeting lasted about 2-3 hours, and the amount of spirits or wine drunk was somewhat larger than the average. Most often 4 to 5 persons took part in these encounters. One in five of the last occasions described by the respondents was of the drinking-for-purpose type. The most often stated justification for such a drinking occasion was that ,,it just happened this way" or ,,without any special reason, and the second in the row was that the drinking tock place in order to handle some business which made it necessary to have a drink’’. These occasions lasted usually l-2 hours and the company consisted of about 3-4 persons. Most often the meeting took place in a bar or a restaurant at work; relatively rarely in private appartments, and occasionally in a park or another commonly frequented place. Persons drinking on these type of occasions consumed twice as much alcohol as the average. The types and characteristics of drinking occasions did not change between 1980 and 1985; only few exceptions were noted, such as those with more alcohol drunk in private apartments and less in bars and restaurants. The same types of drinking occasions were fund in respect of consumption of spirits and wine, only home-made fruit wine did not seem to be drunk ,,for purpose’’ DRINKING AT WORK One of the special features of drinking practices in Poland is the consumption of alcohol at work. It takes place against the provisions of the labour law and in some circumstances also against criminal law. Every few years the authorities launch a campaign against drinking at work only to learn that it brings about temporary results. In order to understand the reasons for limited effects of such endeavours a closer look at a socialist enterprise is necessary' fn a state-controlled economy, a socialist enterprise is not. only a place where employees provide work in order to produce some commodities or services. One of the Polish leading sociologists described such an enterprise as a combination of an industrial plant, an office, and charity. Its peculiar social life stems from all the above factors, and it is only against this background that an appraisal of the data on drinking at work can be made. The 1980 survey revealed that two of every three respondents employed in the state-owned enterprises and offices had in the course of the last year prior to the interview drunk alcohol while at work. The results of the 1985 survey were markedly different since the affirmative answers to the question of drinking at work was given by one in every two such respondents. On the assumption of the last occasion approach an attempt was made at amount of drinking events at work. The numbers of such events in1980 and 1985 were 14.6 and 7.3 per one employee respectively. It seems to be a marked decrease, but is has to be seen whether it will be a lasting one. Drinking at work seems to be very common also in another respect. When looping at the characteristics of the consumer of alcohol at work they correspond closely to the characteristics of all drinking persons. The justification for drinking at work is very similar to that described above, only the family celebration and friends-meeting social types seen to merge into one. In 1980 nearly half, and in 1985 one-third the persons who drank at work did it while celebrating name-days or birthdays. One in five of those who drank at work did it ,,with no special reason" or because alcohol was offered by somebody, which corresponds to the drinking-for-purpose type. ALCOHOL DEPENDENCE Alcohol dependence is a very complex concept and it is debatable whether tackling it in a survey research can produce conclusive results. In the 1985 survey it was approached by means of one of the questionnaires used by medical practitioners. After reviewing several of such questionnaires, like MAST, SMAST, CAGE, MALT, Reich, the CAGE questionnaire was selected as the most suitable, among other things, because of its brevity. A common feature of all the above instruments is that they are in fact screening tests, and their aim is to spot out in a pool of patients those who might have an alcohol problem. These patients are referred afterwards to a qualified specialist for a proper examination and diagnosis. The use of such a questionnaire in a survey conducted in a general population is an extention of its application far beyond the limits of its original design, because in such a situation it is expected to provide a final ,,diagnosis" instead of pointing to persons suspected of being addicted to alcohol. In the circumstances both the sensitivity and specificity of the questionnaire become of utmost importance. The low specificity of the CAGE questionnaire makes it impossible to estimate- within the known limits of errors - the size of the group of alcohol dependent persons in the general population because a number of persons likely to be classified on its basis as being alcohol dependent in fact are not dependent. The size of the latter (i. e. those incorrectly classified as alcohol dependent) is partly a function of the size of the group of the alcohol dependent in the general population. The percentage of respondents who in the 1985 survey said ,,yes" to al1 the four questions of the CAGE questionnaire was 4.4, to three questions - 11.8, to two questions - I2.1, and to one question - 15.1. The results of the previous applications of the CAGE test show that four ,,yes" answers to the questionnaire questions were given only by alcohol dependent persons, and no such answers were given by persons not dependent. Hence it can be assumed that in the cases of all four ,,yes" answers one deals with alcohol dependent persons, without fear of making a serious error. As to the persons who gave three ,,yes" answers) one can assume among them a higher cumulation of alcohol dependent persons, and as regards those who said ,ryes" to two questions it can be hypothesised that there are few such persons among them. On the basis of the results obtained, the probable number of persons in 1985 in Poland in the age group of 16 years and over, who were alcohol dependent, has been estimated as somewhat higher than number of persons who said ,,yes’’ to all the four questions in the CAGE questionnaire, i. e. approximately 1,500 000, the error limits of this estimate, unfortunately, cannot be specified. The persons who gave a higher number of ,,yes’’ answers to the test questions drank largel quantities of alcohol. More answers of this kond were given by men, middle-aged persons and elderly (but not old), living in villages, not well-off, non-worshipping believers and non-believers. THE ABSTAINERS AND TEETOTALLERS Abstainers are referred to here as those who do not drink a particular alcoholic beverage, and teetotalers as those who according to themselves do not drink alcohol at all (1980 survey) or who did not consume alcohol during the last twelve months prior to the interview. Only 25 per cent of the respondents abstained from drinking spirits, about 25 per cent-from wine, 58 per cent (in 1980)and 50 per cent (in 1985)-from beer, 70 per cent (in 1980) and 64 per cent (in1985)-from home-made fruit wine, and 89 per cent (in 1980) and 79 per cent (in 1985)-from moonshine spirits. The were 14.8 per cent teetotalers in 1980 and 16.1 per cent in 1985, however, the difference in those percentages is statistically insignificant. In general population the fraction of teetotalers is probably a few points higher because in both the 1980 and 1985 samples the persons aged 16-19 and 60 and more, namely those among whom the non-drinkers are most numerous, were underrepresented. Less than half of the teetotalers never drank alcohol and the share of those who stopped drinking increased between the years 1980 and 1985. This result would have looked promising were it not for the reasons for not drinking given by the respondents. Most often old age, poor health, lack of money, and similar justification were offered, and only one in seven non-drinking alcohol respondent mentioned that drinking alcohol would interfere with his studies or work, or against his beliefs or cherished values. Also the social characteristics of teetotalers give reason for worry: among these overrepresented are very young and elderly, women, poorly educated, blue-collar workers, poor-in general those who belong to the lower social strata of the population. To be a teetotaler in Poland is unenviable.
Źródło:: Archiwum Kryminologii; 1989, XVI; 7-100
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Tytuł:: Częściowe zawieszenie wykonania kary pozbawienia wolności. Uwagi i propozycje na tle analizy porównawczej stanu przestępczości i obecnej reformy prawa karnego w Polsce i we Francji
Partially Suspended Prison Sentences: Comments and Propositions Against a Background of Comparative Analysis of the State of Crime and the Current Reforms of Criminal Law in Poland and France
Autorzy:: Stępniak, Piotr
Powiązania:: https://bibliotekanauki.pl/articles/698608.pdf
Data publikacji:: 2015
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawo
konstytucja
praworządność
prawo karne
law
constitution
jurisprudence
criminal law
suspended prison sentences
crime
Opis:: This article is devoted to the institution of conditionally suspended sentences, andin particular with a proposal for change in this area. The author formulates thingsdifferently from the changes brought in by the act of 20 February 2015 about adjustingthe law, in the criminal code and other acts. After a discussion of these changes, theauthor presents their own concept for remodelling this institution. This is preceded byconclusions about its current state, structure and the dynamics of crime in Poland andFrance. The author bases their conclusions on an analysis of French solutions in thisregard.According to the author, by comparing the structure and dynamics of recorded crimes and convictions from 2001 to 2010 in France and Poland, they came to theconclusion that the French statistics show a comparatively higher rate of serious crime,particularly ones featuring aggressive or sexual violence. At the same time however,one can observe greater stability in the number of convictions, with economic andfinancial crimes being the only exception. But the larger threat of crime does not influence limitations on the conditions of suspended sentences in a meaningful wayin this country, something that was an important argument during the amendment ofPoland’s penal legislation. It is willingly used by courts, a modern punitive measure, butits construction differs from the Polish solutions in this field significantly. The author discusses this construction in the article. According to French logic, italso provides for the possibility of partially suspended sentences. This is unknown inthe Polish criminal code. It consists of allowing the adjudicating court to decide aboutthe sentence being only partially carried out. It also freely specifies the length of this period, so that it does not exceed the five year limit. This process results in the offenderonly having to undergo part of their prison sentence, while execution of the remainingpart remains conditionally suspended. Comparing this form of suspension, appearing in French legislation next to classicsuspension (i.e. full), with its Polish counterpart now regulated by the newly-editedarticle 69 of the criminal code, the author finds that the French version gives greaterrange and possibility for its use. And this is despite a significantly larger threat ofcrime than in Poland, particularly common crime. Even the process of its applicationis significantly more elastic, since it allows the division of the sentencing process intoa closed part carried out in prison, and an open part carried out in freedom. About whether the suspension should be total or just partial, the French judgedecides according to their own discretion, while the Polish one is tied to a series ofspecific prerequisites, both legal and material. In light of this, it proves Poland putssignificantly greater trust towards the initial legislator.After a theoretical analysis, in a later part of the article the author cites statisticsshowing the practice of partially-suspending sentences in reality. In the years 2005 to2011, a certain growing tendency in use appears in France (of 1.92%). This indicatesa growing significance for this penal measure in the judicature of criminal courts, which implies it works well in practice. In general, the type of suspension most prevalent iswith a given probation period, and therefore the most common of all applicable dutiesand controls (in 2008, there were 26,991 cases, i.e. 82.15% of the general number ofpartial-suspension rulings). Partial suspension in its simplest form is clearly less usedand only makes up 17.85% of the general number of applied partial suspensions (5,844cases in 2008). In contrast, the sum total of both forms of partial suspensions (i.e. thesimplest form and with a probation period) in general rose in use by 14.56% in 2010. Commenting on the above indicators, the author claims the rule of partialsuspension is given with a trial conviction. This results from the necessity ofpreserving a continuity of interactions, including further disciplining of the convictafter completing part of their “factory” punishment depriving them freedom (partieferme) and releasing them into an open environment (partie ouverte). For this purpose,the court lays specified duties upon the convict, and also gives control of them to thepenitentiary service. The educational value of this practice is indisputable. Due to this,it towers over the Polish practice. Partial suspension has become a modern instrumentof criminal policy. In the second part of the article, the author weighs up the possibility of introducingthis type of solution into Polish legislation. A comparison with the French institutionof suspended sentences with the Polish equivalent in the current version of article 69 ofthe criminal code inclines them towards not only the conclusion that it needs revision,but also formulation of ‘de lege ferenda’ postulates as part of this. In the discussion on these, the author indicates arguments for and against partialsuspension of sentences in Polish legislation. According to the author, it is a moremodern solution than the Polish one in its current form. Moreover, the introductionof partial suspension had a positive effect on French criminal policy, making themethods of serving sentences more flexible and dynamic. This is notably its mostimportant advantage over Polish legislation. Another further benefit of utilising partialsuspensions is limiting the placements of convicts placed into penal institutions sincethey are decidedly shorter than the “flow-through” of Polish prisons. Thus the author assesses that they are in favour of this, as well as the Europeanparadigm of penal moderation. Partial suspension of sentences allows an absolutepunishment to be adjusted in the most restrained way, making it humane. It becomespossible to divide it into partly closed (served in a prison) and open (carried out ina free environment). It completely changes not only the character of the punishment,but also its function. It eases problems, the social effects on the convict and their lovedones, yet strengthens the educational effect. This kind of process in administeringpunishment strikes the author as more dynamic than the current one, where servingthe whole of a punishment is a rule of Polish law. The empowerment of the convictedin this process has huge educational value.The author draws attention to the fact that partial suspension is an intermediarymeasure between depriving freedom and those punishments and measures involving liberation. There is a lack of this type of measure mixed into Polish criminal legislation.Their main advantage is that it enriches punitive instruments, allowing flexibilityby increasing the possibility of individualisation in selecting the type and size ofpunishment. Therefore there is a systemic argument for it.Yet another argument for it has a legal-material character. The Polish institutionof suspending sentences is structured too stiffly, which means that the court can onlydecide between suspending the entire sentence and having it served in full. They areextremes, which in modern rational criminal policy ought to be avoided. The nextargument has a criminological character. Neither the Polish nor French literature onthe subject has mentioned research into the effectiveness of imprisonment depending on whether it was carried out in full or in part. Therefore nobody has proven thata punishment served in full is any better. Finally, the existence of partial suspension could rationalise penitentiary policy. This is because it shortens the average period spent serving prison time, making the“flow-through” of convicts in prison more dynamic. This makes it a valuable systeminstrument for opposing their overpopulation. Partial suspension is above all cheaperthan serving a punishment completely in full. The author then discusses several counterarguments about the possibility ofpartially-suspended sentences in Polish legislation. Firstly, we are neither mentally nor doctrinally prepared to abandon the stiff static administration of punishments for a more dynamic process in their application throughthe logical implementation of carrying them out in parts. Another serious barrier is an organisational problem. Introducing partialsuspensions would demand greater dynamism in the work of courts and probation officers, as well as the prison system as a whole. Under Polish conditions, this is notrealistic, since observation of the practice leads to the conclusion that carrying outpunishments in full is easiest, and we prefer that in practice. The convict is placed intoa cell once, without further procedures or changes. Partial suspension would mean theactivities of courts, prison and probation personnel would multiply greatly, and nobodywants this. Consequently, it would increase the resistance of these services, which isa serious barrier to prudent changes.In conclusion, the author invites discussion on the proposed solutions aboutpartially-suspended sentences.
Źródło:: Archiwum Kryminologii; 2015, XXXVII; 327-346
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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