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    Tytuł:
    Reforma wymiaru sprawiedliwości w państwach postsowieckich - perspektywa porównawcza
    Justice Reform in Post-Soviet Successor States: A Comparative Perspective
    Autorzy:
    Shelley, Louise I.
    Powiązania:
    https://bibliotekanauki.pl/articles/699124.pdf
    Data publikacji:
    2006
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    wymiar sprawiedliwości
    reforma
    państwa postsowieckie
    justice reform
    post-soviet states
    Opis:
    The patterns of justice existing in the former Soviet Union have endured in most Soviet successor states despite the collapse of the USSR. Rather, the Soviet legacy in the criminal justice arena has been much more enduring than many observers had suggested. Although the last year and a half has seen the Rose, Orange and Kyrgyz revolutions, major change in the legal system has been less profound than in many former socialist countries of Eastern Europe. These revolutions represented popular revolts against the corruption of the ruling elite but they have not brought systemic justice reforms. Georgia may have experienced the most profound effort to promote justice reform, but the reform is not in all sectors of the legal system. Ukraine, despite the change in the national leadership, has yet to make major reforms in its legal system. Russia, in many ways returning to its Soviet patterns of behaviour, has a justice system subject to the political desires of the national leadership. Unlike in many countries, in Eastern Europe where there has been a motivation to join the European Union and to leave behind the Soviet legacy, the successor states to the USSR still face legal systems as corrupted, inefficient and authoritarian as those tied to the Marxist-Leninist system. The problems of the justice system remain even without a Communist ideology. Without a political will to change these systems, a new legal consciousness among the citizenry or a strong incentive for change, the situation in the Slavic states of the former USSR resembles in profound ways the system that was supposedly left behind. The last year and a half has seen three "so-called" revolutions in Soviet successor states – Georgia, Ukraine and Kyrgyzstan. But in only one of these has there been an effort to introduce profound change into the legal system and to right the wrongs committed during the previous government. Even though there have been many lessons learned from this experience, a government that is well-intentioned but not wise in govemance cannot resolve the serious challenges to order in a highly criminalised and corrupt society. The Soviet legacy combined with the pre-revolutionary authoritarian traditions are proving more intractable to reform than many anticipated.
    Źródło:
    Archiwum Kryminologii; 2006, XXVIII; 57-66
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Polityka karna w Anglii i Walii (1970–2005)
    Penal Policy in England and Wales (1970–2005)
    Autorzy:
    Adamski, Andrzej
    Powiązania:
    https://bibliotekanauki.pl/articles/698724.pdf
    Data publikacji:
    2008
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    polityka karna
    Anglia
    Walia
    wymiar sprawiedliwości
    penal policy
    England
    Wales
    administration of justice
    Źródło:
    Archiwum Kryminologii; 2008, XXIX-XXX; 447-458
    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:
    Symulakry wymiaru sprawiedliwości wobec nieletnich w Polsce
    Simulacra of Juvenile Justice System in Poland
    Autorzy:
    Płatek, Monika
    Powiązania:
    https://bibliotekanauki.pl/articles/698977.pdf
    Data publikacji:
    2006
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    wymiar sprawiedliwości
    postępowanie w sprawach nieletnich
    przestępczość nieletnich
    przemoc
    juvenile justice system
    violence
    juvenile delinquency
    Opis:
    The article relates to the analysis of responses to violence in the everyday life of a democratic society. The evolution of the juvenile criminal justice system serves here as a litmus paper of the today's neo-liberal European countries. The article critically evaluates the arguments of F. Bailleau and Y. Cartuyvels who present the development of contemporary juvenile justice in terms of neo-liberalism. They claim it is the main reason to answer the question of how long the child should be treated as a child? However, we are still left with the question of what to do with those young people who act like offenders who demand more severe punishment. In her paper, the author presents the possible model of social control that responds to violence using the F.H. McClintoc's model adopted and modified in the model presented by D. Black in Behaviour of Law. The author argues that selecting a criminal model from among different possible models of social control might be an influence of the neo-liberal policy, yet it is not necessary. The examination of different models currently present in the society should help to answer the question of whether the present policy results from the neo-liberal policy as F. Bailleau and Y. Cartuyvels suggest? Or is it rather due to what Zygmunt Bauman named as the penal effect of globalisation? The author examines how much of the present practice within the juvenile justice fits Jean Baudrillard's era of simulacra where we offlcially tend to fight crime and do good, but in practice, as Michel Foucault pointed long time ago, the goal is somewhat different and detached from both the perpetrator and the victim? The paper also looks at how accurate in this case the analysis of Pierre Bourdieu would be that we tend to accept the perceived reality as natural, for we do not have the proper procedure to see that other solutions are also possible? At the end the paper, the author suggests what elements should be included within juvenile justice system to free it of the simulacra syndrome.
    Źródło:
    Archiwum Kryminologii; 2006, XXVIII; 281-297
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Assisting Victims: The British Model in Comparative Context
    Autorzy:
    Mawby, Robert I.
    Simmonds, Lesley A.
    Powiązania:
    https://bibliotekanauki.pl/articles/698726.pdf
    Data publikacji:
    2008
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    ofiary przestępstw
    wymiar sprawiedliwości
    pomoc ofiarom przetępstw
    crime victims
    criminal justice system
    victim assistance programmes
    Źródło:
    Archiwum Kryminologii; 2008, XXIX-XXX; 555-565
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Przestępczość i reformy wymiaru sprawiedliwości w „nowych państwach środkowoeuropejskich” na przykładzie Czech
    Criminality and Criminal Justice Reforms in the ‘New Central European Countries’ on the Example of the Czech Republic
    Autorzy:
    Válková, Helena
    Hulmáková, Jana
    Powiązania:
    https://bibliotekanauki.pl/articles/699126.pdf
    Data publikacji:
    2006
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    przestępczość
    wymiar sprawiedliwości
    reforma
    Czechy
    polityka karna
    sprawiedliwość naprawcza
    criminality
    criminal justice
    reforms
    restoriative justice
    Opis:
    The victimological research and their results revealed myths about the alleged need of the crime victims to seek revenge on the offenders for the injustice suffered. On the contrary, they showed that a vast majority of victims is concerned more about obtaining quickly, ideally informally, moral and also material satisfaction. Therefore, in the last two decades of the 20th century, the efforts made by experts from the criminal policy area, practice and academic work sites grow stronger in order to find alternative ways / paradigm to traditional criminal reaction to a crime. This effort was channelled into a movement now known as the restorative justice that brought a visible success for the crime victims both at the level of adopting new legislative measures and providing practical assistance while solving and eliminating the consequences caused by a specific criminal act. Concurrently, it opened space for further research focussed on identification of a real contribution of the restorative procedures and programmes for the crime victims, including the risks of their potential 'abuse' for these purposes. Despite a number of more or less important reforms, the Czech Republic has failed as opposed to other post-communist countries (including Slovakia) to adopt a new criminal law until the present time. Therefore, the criminal law from 1961 was amended more than 50 times between 1989 until yet. Currently, a draft of the new criminal law is being discussed in the Parliament, however, everything points to the fact there is not a enough of political will for its adoption. Nevertheless, it would be interesting to mention some of the most important changes that the new law would bring from the criminal point of view. The new Code abandons the existing material and formal concept of the criminal act (degree of danger for society) and replaces it by a formal concept. Besides this substantial conceptual intervention, a series of other important changes are taking place in the area of the criminal liability, for example: a new categorising of criminal acts, new legal concepts of error in facts and error in law, introducing a new institute of gross negligence, a new definition of indirect offender, extremely dangerous recidivist, precision of definitions covering circumstances eliminating illegality of a act (extreme necessity, necessary self-defence, admissible risk, etc).
    Źródło:
    Archiwum Kryminologii; 2006, XXVIII; 111-128
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Prestiż zawodu sędziego i społeczny wizerunek instytucji wymiaru sprawiedliwości
    Prestige of the Judistary and the Social Image of Institutions of Administration of Justice
    Autorzy:
    Bielewicz, Antoni
    Powiązania:
    https://bibliotekanauki.pl/articles/699074.pdf
    Data publikacji:
    1995
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    zawód sędziego
    zawody prawnicze
    wymiar sprawiedliwości
    wizerunek społeczny
    badania sondażowe
    judge
    legal professions
    justice
    social image
    survey
    Opis:
    In Poland, the level of social confidence in a profession results mainly from: qualifications necessary for the pursuit of that procession; respect for the values to which the profession is particularly related, which it is to serve and to protect; the social usefulness of that profession; the degree of responsibility involved in the tasks performed; the arduousness of work; the level of material profits derived; the extent of  power involved in the profession; tradition; social respect for the institutions in which persons pursuing that profession are employed; those persons’ professional, social and moral attitudes. From a comparative analysis of many research findings it follows that the legal professions rank relatively low in the hierarchy of prestige. Certain changes have been taking place in this respect during the  las 50 years; yet the legal profession still enjoys a rather low level of social acceptance which is rather astonishing: a lawyer  has all the traits valued by Polish society. In the period of Polish People’s Republic, the relatively low prestige of the legal profession resulted from the then valid doctrine, state policy, the system of  administration of justice, and the attitudes and conduct of judges, public prosecutors, and barristers, In Polish People’s Republic, the law was not an independent value. It was to support the “historical process” and serve not justice itself but rather “historical justice”. It became the tool of social engineering which was to create a new society. Statutory law was transformed into a comprehensively_ oriented instrument of political action ‒ a utilitarian means of government. The legislation was to implement a political, social and economic program imposed from above. There was a dramatic drop in the importance of law as the exponent of values. This was due to a loosening of its natural relation to the sense of morality and justice. A number of decrees and statutes were passed, usually according to the valid procedure but lacking inner justness; they were called law but were essentially utterly lawless in many cases. For this reason, the social sense of justness seldom followed from statutory law; instead, it existed outside of the  law so to say. The law-citizen relation included pathological elements. Most of the social experiences of contacts with law and its representatives were negative. The law seldom defended the citizen, especially against arbitrary  decisions of the authorities; it usually punished him. The regulatory functions of law yielded precedence to its repressive functions. The conception of unity of state pover ruled out all independence of the judiciary in Polish  People’s Republic. The courts were subordinated to the executive authority not only in terms of administration but also to a large extent in their jurisdiction. This resulted from the very procedure of appointing and removing judges; the wide discretion to remove judges; the organization of supervision over judicial decisions; the terms of office of the Supreme Court; the practice of guiding principles for the judiciary, issued by the Supreme Court and binding for all courts. Appointment of desired benches and selection of cases, changes of the benches during proceedings, requests for court files during proceedings, summons of judges to one Ministry or another, individual and organized pressure – all of these were by no means exceptional situations in the courts of Polish People’s Republic. Judicial independence ultimately depends on the judge himself. A part of judges compromised on the norms of professional ethics and on common morality. The actual numer of “obedient” judges is difficult to estimate today. Even if they were few, that was certainly enough for the people’s confidence in courts to be shaken. It would be wrong to believe that the above processes, phenomena and facts remained unnoticed by the people. Society were fully aware of the functions assigned to the law and tasks of the institutions of administration of justice. The opinion knew many examples of public prosecutors, judges and barristers departing from the basic norms of the code of professional ethics. The authorities themselves saw to it, publishing resolutions of the Supreme Court and providing extensive coverage of many trials. Thus social attitudes towards the law, institutions of administration of justice and their representatives eroded continuously. Society had no confidence in the effectiveness of recourse to the law in vindication of one’s claims; they fully realized whose interests the public prosecutor’s oflices and courts actually guarded. The prosecutors and judges were perceived chiefly as functionaries of state. Paradoxically, in a totalitarian system where violations of individual rights were a common everyday practice, the lawyer hardly helped the citizens. The social usefulness of the lawyers’ professional roles grew smaller, and so did their prestige. In coming years the prestige of the legal professions will no doubt go up. This will be a result of: a general consolidation of the role of law in the life of state and society; development of a new law-citizen relation; an increased regulatory function of the law; financial promotion of the legal professions; and improved social image of institutions of administration of justice. There is much to indicate that social regard for the legal professions will eventually reach the Western level. The proces of the Polish hierarchy of prestige of individual professions becoming “European” will inevitably result in its losing its former “proletarian” nature; this will be expressed in a drop in social regard for workers. Already going down today is the pristige of miners, and also of teachers. From 1987 till 1993, the proportion of respondents who declared the greatest regard for miners and teachers dropped by 14 and 4 points respectively. Thus the distance between a judge and a miner dropped by 26, and that between a judge and a teacher – by 16 points. The social image of judges and institutions of administration of justice is shaped by the Poles’ twofold experience: the still fresh memory of “the past” and the not yet really known “present day”. The past meant obedient judges; courts as an extension of the arm of power; sentences clashing with the sense of justice etc. The present day means rampant corruption; frustration: inner dysfunction of the system; lack of skill in resolving matters which the people see as self-evident. The public opinion have not yet fully developed a view on judges and the institutions of administration of justice. A half of respondents believe that courts do good service to society, one-fifth think the opposite, and another one-fifth have no standpoint on the matter. Thus actually two parallel images of courts operate in the social consciousness. Groups which perceive the reality through glasses of the past, so to say, seek yesterday in today’s courts. The future-oriented groups, instead, tend to define those institutions in the categories of the still distant tomorrow. For this reason, even a relatively not too controversial decision taken by the judicial authority brings about an avalanche of the gravest accusations, that of attempting to restore the past included. The psychological conflict is hardly to the court’s advantage: an image still lingers in the social subconscious which prevents society from honestly appraising their work. Also political circumstances are not too favorable for institutions of administration of justice. The active involvement of representatives of the law in resolution of disputes which the opinion define as political makes them party to the conflict in the eyes of society. Past experiences have shown how convenient a tool the court can be in political struggle. Also the Government’s activity bears on the social image of administration of justice. For one year now, the most vehemently criticized area of the Government’s work is its policy of “crime control”. It has been called ineffective by a half of society. An average citizen is convinced that the police, prosecutors, and courts are equally responsible for this situation. The condition of courts with which a large portion of society have contacts is hardly helpful in the building of those institutions’ prestige: dilapidated buildings in desperate need of repair; old worn out furniture; small, underqualified and underpaid and thus frustrated office staff. Added to this should be excessive bureaucracy, obscure procedures, distant time limits, high court fees, excessive fees charged by barristers. The courts have already started regaining social trust but the process is bound to be a slow one. Practically each and every slip of the judicial authority, eagerly pointed out by the media, may well reverse the emerging favorable trend in the attitude of public opinion. Social attitudes towards the courts are incomplete and based largely on emotions which is what makes them unstable. The emerging trend can be consolidated by e.g. closer contacts of the judicial community with society, established chiefly through the media. Yet the new image of Polish courts depends first and foremost on the success of the process of building of state ruled by law.
    Źródło:
    Archiwum Kryminologii; 1995, XXI; 105-134
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Victims, Criminal Justice and the Law: European Standards and the Law of England and Wales
    Autorzy:
    Miers, David
    Powiązania:
    https://bibliotekanauki.pl/articles/698730.pdf
    Data publikacji:
    2008
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    międzynarodowe prawo karne
    ofiary przestępstw
    wymiar sprawiedliwości
    Anglia
    Walia
    international penal law
    victims
    criminal justice
    England
    Wales
    Źródło:
    Archiwum Kryminologii; 2008, XXIX-XXX; 581-599
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Psychospołeczne czynniki wpływające na efektywność pracy sędziów wydziałów rodzinnych i nieletnich
    Psychological Factors Influencing the Effectiveness of Family and Juvenile Court Judges
    Autorzy:
    Opora, Robert
    Powiązania:
    https://bibliotekanauki.pl/articles/699100.pdf
    Data publikacji:
    2006
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    sąd rodzinny
    wymiar sprawiedliwości
    nieletni
    sąd dla nieletnich
    sędziowie
    kuratorzy sądowi
    psychologia
    juvenile justice system
    juvenile court judges
    family court judges
    Opis:
    The paper concerns personal and environmental factors influencing the effectiveness of the juvenile justice system. The survey was based on the Polish juvenile justice system, but it concerns the European standards of the treatment of juvenile delinquency. The author also presents the problem in terms of community service which is very closely related to the juvenile justice system in Poland. The causal factor was presented in a graph, which is called the Ishikawa and Pareto graph, a graph of reasons and effects. The survey included 148 Polish juvenile court judges. The results of the research could be useful for improving the Polish juvenile justice system and probably some of the issues could be extrapolated to other country juvenile justice systems.
    Źródło:
    Archiwum Kryminologii; 2006, XXVIII; 255-266
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Rodzaje oraz wymiar kar orzekanych przez sądy wobec skazywanych kobiet w latach 1977-1980
    Penalties imposed on women by the courts in 1917-1980
    Autorzy:
    Błachut, Janina
    Powiązania:
    https://bibliotekanauki.pl/articles/699082.pdf
    Data publikacji:
    1983
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    rodzaje kar
    wymiar kar
    orzekanie kar
    dane statystyczne
    types of penalties
    penalty amount
    imposing penalties
    prison sentences
    types of crime
    statistic data
    Opis:
         The general picture of sentences pronounced by the courts is affected by the visible differences in the structure of offences comitted by men and women.           Prison sentences (the decisive factor in severity of sentence) are less frequently imposed on women. This is not the case, however, with regard to all offences. There are also situations where prison sentences are imposed more often on women than on men. Equally frequently, and sometimes even more often, women are sentenced to longer terms of imprisonment, that is, to terms of morethan three years.           Suspended prison sentences are commoner among women than among men. But this is not the predominant type of sentence in all types of crime. For sometimes it is less frequent than limitation of liberty, and fines. In cases of suspended prison sentences, women are more likely than men to get sentences of less than a year's duration.             Women are more likely than men to receive sentences consisting of a fine plus imprisonment. This is a consequence of the kind of offence they commit. Generally the fine is in the order of from 5,000 to 10,000 zlotys. The lowest fines are imposed on women more often than on men.            The lowest sentences of limitation of liberty are imposed more often on women than on men. In both groups, the sentences range mostly from six months to a year. True, there are certain types of crime where maximum prison sentences are imposed on women more often than on men, but generally speaking the opposite is usually the case.           Women, rather  than men, are more likely to be given the lowest fines (imposed as independent penalties); more rarely, with the exception of a few types of ,crime, are they given the heaviest fines.          It should be noted that as regards crimes against the family and the care of children (Art. 184, Art. 186), severer penalties are imposed against women, They are more frequently given higher fines along with terms of imprisonment, and also longer sentences of limitation of liberty.        Greater leniency in the sentences imposed on women (a trend mentioned in many criminological studies) is indicated by the higher frequency of sentences that do not include imprisonment, although this trend as regards leniency is not always borne out by the severity of the sentences imposed.
               The general picture of sentences pronounced by the courts is affected by the visible differences in the structure of offences comitted by men and women.           Prison sentences (the decisive factor in severity of sentence) are less frequently imposed on women. This is not the case, however, with regard to all offences. There are also situations where prison sentences are imposed more often on women than on men. Equally frequently, and sometimes even more often, women are sentenced to longer terms of imprisonment, that is, to terms of morethan three years.           Suspended prison sentences are commoner among women than among men. But this is not the predominant type of sentence in all types of crime. For sometimes it is less frequent than limitation of liberty, and fines. In cases of suspended prison sentences, women are more likely than men to get sentences of less than a year's duration.             Women are more likely than men to receive sentences consisting of a fine plus imprisonment. This is a consequence of the kind of offence they commit. Generally the fine is in the order of from 5,000 to 10,000 zlotys. The lowest fines are imposed on women more often than on men.            The lowest sentences of limitation of liberty are imposed more often on women than on men. In both groups, the sentences range mostly from six months to a year. True, there are certain types of crime where maximum prison sentences are imposed on women more often than on men, but generally speaking the opposite is usually the case.           Women, rather  than men, are more likely to be given the lowest fines (imposed as independent penalties); more rarely, with the exception of a few types of ,crime, are they given the heaviest fines.          It should be noted that as regards crimes against the family and the care of children (Art. 184, Art. 186), severer penalties are imposed against women, They are more frequently given higher fines along with terms of imprisonment, and also longer sentences of limitation of liberty.        Greater leniency in the sentences imposed on women (a trend mentioned in many criminological studies) is indicated by the higher frequency of sentences that do not include imprisonment, although this trend as regards leniency is not always borne out by the severity of the sentences imposed.
    Źródło:
    Archiwum Kryminologii; 1983, X; 87-102
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Artykuł recenzyjny dotyczący monografii dr Marii Rogackiej-Rzewnickiej pt. "Oportunizm i legalizm ścigania przestępstw w świetle współczesnych przeobrażeń procesu karnego"
    Review of the Monograph by dr Maria Rogacka-Rzewnicka Entitled “Opportunism and Legalism of Prosecuting Crime in the Light of Contemporary Developments in Penal Proceeding”
    Autorzy:
    Murzynowski, Andrzej
    Powiązania:
    https://bibliotekanauki.pl/articles/698598.pdf
    Data publikacji:
    2008
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    recenzja monografii
    proces karny
    ściganie przestępstw
    zasada legalizmu
    zasada oportunizmu
    wymiar sprawiedliwości
    review of the monograph
    penal proceeding
    prosecution of offences
    principle of legality
    procedural discretion principle
    Źródło:
    Archiwum Kryminologii; 2008, XXIX-XXX; 853-858
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Merytoryczne przesłanki orzekania kar i innych środków wobec wielokrotnych recydywistów
    Penalties and other measures applied towards multiple recidivists
    Autorzy:
    Janiszewski, Bogusław
    Powiązania:
    https://bibliotekanauki.pl/articles/699228.pdf
    Data publikacji:
    1986
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    recydywa
    wielokrotny recydywista
    kara
    kodeks karny
    środki karne
    polityka karna
    wymiar kary
    kara pozbawienia wolności
    orzecznictwo
    badania empiryczne
    statystyki sądowe
    recidivism
    multiple recidivists
    punishment
    penal code
    penal measures
    criminal policy
    sentence
    imprisonment
    case law
    empirical research
    court statistics
    Opis:
    The aims of the present study have been: 1) to ascertain the actual conditions of the courts' decisions applying penalties and other measures towards multiple recidivists; 2) to determine the present penal policy towards this category of convicted persons; 3) to compare this policy with the assumptions included in the Penal Code in force. Punishment imposed upon multiple recidivists is regulated by the provisions of Art. 60, para. 2 and 3 Art. 61 of the Penal Code. Their formulation is as follows: on a perpetrator sentenced twice in the conditions specified in para. 1 (special basic recidivism), who has served altogether at leat one year of deprivation of liberty and in the period of 5 years after the serving of the last penalty commits again an intentional offence with the purpose of obtaining a material benefit or of a hooligan character, similar to at least one of the previously committed offencęs, the court shall impose a penalty within the limits of from three times the lowest sanction, but not less than 2 years, up to the highest statutory sanction increased by one half, and if the highest statutory sanction is not higher than 3 years: up to 5 years deprivation of liberty. The increase of the lowest statutory sanction provided in para. 1 or 2 shall not apply, when the offence is a serious offence; in this case the court shall consider the commission of the offence in the conditions specified in para 1 or 2 as a circumstance increasing the penalty. In particularly justified cases when even the lowest penalty imposed on the basis of Art. 60. paras 1 or 2 would be incommeasurably Severe by reason of the motives for the action of the perpetrator, his traits and personal conditions as well as his way of life before the commission and his behaviour after the perpetration of the offence, the court when imposing the penalty may refrain from applying the rules specified in Art. 60. paras 1 or 2; in these cases the court shall take into consideration the commission of the offence in the conditions specified in Art. 60, para 1or 2 as circumstances influencing increasing the penalty. With regard to a perpetrator sentenced in the conditions specified in Art. 60, para. 2 he court shall adjudge protective supervision; if adjudging this supervision is not sufficient to prevent recidivism, the court shall adjudge .the commitment of the sentenced person to a social readaptation centre. (Art. 62, para. 2). The present work has been based on the author's own research and to a minimum extent only on the analysis of the national statistical data. The point of departure for the study of the actual conditions of the courts decisions were the conditions specified in the Penal Code now in force. The conditions specified in Art. 61 of the Penal Code and related to the offender only have been assumed to form the ratio legis of special recidivism in the Polish penal legislation. If, however, when aplying this provision, the courts prefer the conditions related to the most recent act of the offender, this mignt be an indication of their different attitude towards the aim of punishment in the case of the discussed category of offenders. The existence of such divergences between the conditions of application of Art 61 of the Penal Code as included in the law on the one hand, and those applied by the courts on the other hand  has been one of the hypotheses verified in the present study.  The study has been based on the examination of court records. All the accessible records of criminal cases (230) have been included in it, in which Sentences were passed with regard to multiple recidivists (under Art 60. para. 2  and Art. 61 in connection with Art. 60, para. 2 of the Penal Code) in the District Court of the city of Poznań in the years 1975-1981. The question arised whether this could be treated as an equivalent to a random sample of the national population of convicted multiple recidivists. As shown by a comparison of distributions in question are highly convergent. A questionnaire to investigate the ourt records consisted of 41 questions concerning the convicted recidivist, his previous offences and criminal record, his last offence and the content of the last sentence. The impact of a number of variables on the application of Art. 61 of the Penal Code, on the length  of the prison sentence and on the decision of commitment to a social readaptation centre has been analysed in succession. Conclusions from the study are as follows: 1. In the application of Art.61 of the Penal Code ,the predominating part is played by the conditions connected with the degree of socil danger of the act and with its legal label. The conditions connected with the person of the perpetrator seem to have a much smaller effect. The reason of this state of affairs may be seeked in the fact that the court is obligated by Art. 60, para.2 of the Penal Code to impose long-term penalties of deprivation or liberty regardless of the degree of social danger (seriousness) of the offence which may be trivial in particular cases. Therefore, it is not to be wondered at that in these cases the courts apply Art. 61 of the Penal Code so as to impose a lower or more lenient penalty in order to make it commeasurable with the offence. The following conditions have been found to exert the greatest influence on the length of sentences to deprivation of liberty under Art. 60, para. 2: firstly, the legal appraisal of the offence and the related content of the instructions for meting out punishment specified in Art. 60, para. 2 of the Penal Code, and secondly, the degree of social danger of the offence. The character of the offence and the appraisal of its social danger influence the sentence too, including the type of penalty, when Art. 61 of the Penal Code is applied by the court. This is probably a further result of following the same conditions already when deciding on the application of Art. 61 of the Penal Code. When adjudging the commitment of convicted persons to a social readaptation centre, the courst were guided by the conditions connected with intense symptoms of demoralization of these persons and with a previous application of various penal measures towards them; thus the conditions were formally the same as those to be found in the Penal Code. At the same time, conditions connected with the recently committed offence were left out of account here. One should be particularly careful when interpreting the findings in this case aS the decisions in question may be conditioned by the courts' various attitudes towards the practical functioning of the centers, and by different purposes of their adjudgement in definite cases. The length of the perod for which commitment to a social readaptation centre was adjudged has appeared to increase with the length of the sentence to deprivation of libety. Admittedly, outright conclusions as to the need for amendments of the provisions of the Penal Code in its part concerning recidivists do not follow immediately from the findings of the present study. These findings have. however, demonstrated the degree to which the instructions for meting out, punishment specified in Art. 60, para. 2 of the Penal Code sever the relation between the offence and punishment, as  well as the fact that the corrective function of punishment imposed upon multiple recidivists - officially assumed by the legislator-has a fictious character in practice. In consequence, Art. 61 of the Penal Code is used in discord with its purpose; it is applied to adjust the adjudicated punishment to the seriousness of the offence committed.
    Źródło:
    Archiwum Kryminologii; 1986, XIII; 109-139
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
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