Temat: Kradzież - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Contemporary thieves in Poland - their crime and punishment
Autorzy:: Klimczak, Joanna
Powiązania:: https://bibliotekanauki.pl/articles/1788441.pdf
Data publikacji:: 2021-06-24
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kradzież
złodziej
kradzież w sklepach
polityka karna
penal policy
theft
larceny
thief
Opis:: Theft is one of the oldest and clearly condemned crime in history. It takes a signiﬁcant part in the crime structure in Poland. Nevertheless, it seems to be a forgotten and uninteresting subject among modern criminological research. In public opinion, theft invariably causes indignation, and the way of punishing thieves is a ﬁeld of interest for both public opinion and politicians. In Poland, theft is an oﬀence that can either be prosecuted as a misdemeanor or a crime - it depends on the value of the property stolen. Therefore, legal penalties for crime related to theft may vary considerably. It is precisely this line between misdemeanor and crime that is cur- rently being discussed in Poland. To talk about changes concerning the punishment of thieves, one should ﬁrst check what is the current state of the criminal policy in this regard. Therefore, I want to present the results of the research, which I carried out at the Institute of Justice in 2017. I examined randomly selected court ﬁles of two above mention categories of theft, which ended validly and in which the enforcement proceedings ended in 2016. The research was conducted on 420 cases (including 233 misdemeanor and 187 crime cases). On the basis of the collected material emerges the image of the criminal policy against thieves who stood before the court, which gives the opportunity to consider whether and what changes in the law can be predicted against the perpetrators of the simple theft.
Kradzież jest jednym z najstarszych przestępstw znanych w historii. Przy ogólnej tendencji spadku ilości popełnianych przestępstw, kradzieże wciąż stanowią znaczący udział w strukturze polskiej przestępczości. W Polsce kradzież jest czynem, który może być ścigany jako wykroczenie lub jako przestępstwo – zależy to od wartości skradzionej własności. W związku z tym, kary za kradzież mogą się znacznie różnić. Sposób i wysokość tzw. „przepołowienia” kradzieży, czyli granicy od której będzie traktowana jako przestępstwo (i co za tym idzie surowiej karana), jest obecnie przedmiotem dyskusji w Polsce. Aby sprawdzić jak w rzeczywistości wygląda struktura orzekanych kar i za jakie wartości skradzionego mienia sprawcy byli pociągani do odpowiedzialności, przestawiam wyniki badania, które przeprowadziłam w Instytucie Wymiaru Sprawiedliwości w 2017 roku. Przedmiotem analizy były losowo wybrane akta sądowe 420 spraw (w tym 233 spraw wykroczeń i 187 spraw przestępstw), które zakończyły się prawomocnie i w których postępowanie wykonawcze zakończyło się w 2016 r. Na podstawie zebranego materiału wyłania się obraz polityki karnej przeciwko sprawcom kradzieży, którzy stanęli przed polskimi sądami. Artykuł jest rozszerzoną i zmodyfkowaną wersją referatu wygłoszonego na XVIII Konferencji Europejskiego Towarzystwa Kryminologicznego w Sarajewie, która odbyła się w dniach 29 sierpnia 2018 r. - 1 września 2018 r.
Źródło:: Biuletyn Kryminologiczny; 2018, 25; 184-190
2084-5375
Pojawia się w:: Biuletyn Kryminologiczny
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Rodzaje kradzieży tożsamości oraz przypadki kradzieży tożsamości w Polsce
Autorzy:: Męzik, Anna
Powiązania:: https://bibliotekanauki.pl/articles/26917642.pdf
Data publikacji:: 2022-02-03
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: tożsamość
badania kryminologiczne
kradzież
identity
criminological research
theft
Opis:: Zjawisko podszywania się pod inną osobę jest obecne w historii i kulturze od starożytności. Historia biblijnego Jakuba, który przy pomocy matki - Rebeki, przebrał się za swojego starszego brata, aby to jemu ojciec udzieli błogosławieństwa i przekazał majątek jest najstarszym przypadkiem kradzieży tożsamości opisanym w literaturze1. Przez lata słynni szpiedzy posługujący się cudzą tożsamością, a także wybitni oszuści stali się bohaterami kultury popularnej. Wydaje się jednak że to przełom XX i XXI wieku, wraz z rozwojem technologii i postępującą globalizacją sprawił że kradzież tożsamości stała się przedmiotem reakcji prawnokarnych w najbardziej rozwiniętych państwach świata. W państwach takich jak Stany Zjednoczone powstały również wyspecjalizowane organizacje zajmujące się wspieraniem ofiar kradzieży tożsamości, oraz przeciwdziałaniem temu zjawisku. Problematyką kradzieży tożsamości zajęły się również organizacje broniące prawa do prywatności. Instytucje te wyodrębniły rozmaite rodzaje kradzieży tożsamości, kilka z nich omówię w tym artykule. Spróbuję również przybliżyć obraz tego zjawiska w Polsce, opisując przypadki kradzieży tożsamości na podstawie dostępnych publikacji.
Źródło:: Biuletyn Kryminologiczny; 2014, 21; 54-66
2084-5375
Pojawia się w:: Biuletyn Kryminologiczny
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 3.

Tytuł:: Dalsze losy 100 chłopców mających sprawy o kradzieże w wieku 10-11 lat
The Follow-Up Studies of 100 Boys Charged with Theft at the Age of 10-11
Autorzy:: Żabczyńska, Ewa
Powiązania:: https://bibliotekanauki.pl/articles/699224.pdf
Data publikacji:: 1974
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: nieletni przestępcy
kradzież
chłopcy
juvenile delinquents
theft
boys
Opis:: 1. This work presents the results of follow-up studies of the subsequent fate of 100 boys who had committed theft and as 10‒11-year-olds had in 1966 become the subject of research into problems involved in offences committed in childhood ‒ and what led up to them. At that time these boys were examined at the Prophylactic Centre of the State Grzegorzewska Institute of Special Education in Warsaw. All 10‒11-year-old boys charged at the Warsaw Juvenile Court were in turn brought within the scope of the survey. During research conducted in 1966 it was found that the majority (59%) of the 10‒11-year old boys examined were not first offenders and that 11% had even appeared previously in the juvenile court for theft. As many as half of the 10‒11-year-olds were retarded as school pupils. Examination as to knowledge acquired in school revealed that their ability to write was much below the average for their age; as many as 36% were poor or very poor readers. The teachers designated 80% of the boys examined as difficult pupils; approximately half of them ‒ as distinctly over-excitable and aggressive. Not less than 75% played truant, 29% stole in school. 28% of the boys investigated ran away from home. Having regard to the boys’ age, of significance is the relatively high percentage of them (24%) who were found to drink from time to time wine and even vodka. An intelligence test (WISC) revealed in the majority of cases (61%) a normal level of intelligence (with IQs above 90). 31% of them had IQs of 70-90, and in 8% the IQs below 70. The quite substantial percentage of dullness found in the children may be related to their school retardation, particularly in view of the significant dependence found between the lowered IQ and marked shortcomings in reading and writing. Of course, a lowered intellectual level may also have been caused, as environmental interviews showed, by considerable neglect of such children, a phenomenon with which we shall deal later. Psychiatric examination revealed neurotic disorders of personality in 47% ot the children examined. As many as 35% of them were brought up in broken families (semiorphans or divorced parents). 64% of the fathers were heavy drinkers and in addition 20% of the mothers of the same children indulged too freely in alcohol. In 62% of the families the relationship between the parents was unsatisfactory; 52% of the fathers were described by the mothers as “quicktempered and nervous”. In almost one-third of the families at least one member had committed offences and had been already convicted by acourt. It was found that 39% of the families had inadequate financial situation, unable to satisfy the child’s basic needs. In 23% of the families the children suffered from extreme neglect, and even the remaining families failed to give their children adequate care. Frequently, the children investigated (61%) were subjected to severe corporal punishment. It emerged that various negative factors, typical of the family atmosphere of the children examined, were more frequent in the case of those boys who had already stolen prior to their court appearance at the age of 10‒11. These factors included: being reared in broken families, excessive drinking by fathers, unsatisfactory relationship between parents, fathers irascible and nervous, court convictions against family members, extreme neglect of the children, subjection to severe corporal punishment. Those of the children examined who had already previously stolen also revealed more frequently than the others other disturbances in the process of socialization – they ran away from home and drank alcohol. In 1972, five years after the research outlined above, follow-up investigations were made with a view to establishing the subsequent progres of the 100 10–11-year-old boys studied, how they got on in school, whether they committed offences, and what was the atmosphere in their homes. After the next five years it was possible to divide the boys investigated into three groups: I – those not convicted during the period – only 30%; II – those who during the period had one or two court appearances (37%); and III – those who went most seriously astray, being convicted at least three times – as many as 33% of the total. (Boys charged on a further 6 occasions accounted for 12% of the total.) Juvenile thieves charged at the age of 10-11 reveal distinct tendencies to rapid recidivism. Although 29 of the boys were committed to educational institutions or approved schools, their school career showed further shortcomings. There was a marked increase in the percentage of retarded boys, one-third were at least two years behind, 40% did not complete primary school, although all of them should have done so (even allowing for a slight time lag). The process of demoralization is linked with intensified shortcornings as pupils – the most intensive shortcomings were observed in group III: those with the most convictions. At the end of the five years, crimes committed by the boys’ families were also found to have increased; the percentage of families in which fathers or brothers have been convicted was up to 44. Notable in the families of 50 boys was the developing incidence of crimes committed by brothers; in as many as 60% of these families brothers had been convicted, The type of crimes committed and the type of recidivism found among members of the family indicated that about one-third of the families belong to criminal environment. The boys from group III – those with the most convictions during the follow-up period – came much more often from such families and circles than those belonging to the remaining groups. The problem of youngsters charged in court at a very early age – 10-11 years old – is above all a problem of education and care. The fact that they were reared in unsatisfactory family environments favoured recidivism in these children during the five years of follow-up period, and an especially marked concentration of negative factors (excessive drinking on the part of the parents, offences committed by the father, absolute neglect of the children) was found in the families of the most severely demoralized lads of group III. Some symptoms of social maladjustment found already at the age of 10-11 were a significant prediction of further recidivism. Boys, who had already committed thefts prior to their arraignment at 10-11 years old were during the follow-up period much more frequently found among recidivists – notably among those of group III. These recidivists differed significantly from the remaining groups in having started to steal when very young. The repeated drinking of alcohol, already at the age of 10-11, was also significant for the prediction of further criminal conduct. Moreover, the recidivists, were more frequently found among those who at the age of 10-11 had run away from home. And among juvenile recidivists of group III, clearly indicated was a greater frequency than with the remainder of running away from home, even at so early age. It is of interest that the three groups of boys (I: without further convictions, II: with one or two court appearances and III: at least three times convicted) did not differ significantly in respect to the value of property stolen at the age of 10-11. But it emerged that recidivism was more frequent among boys investigated who at the age of 10-11 had been backward at school and among those in whom tests indicated an IQ below 90. Thus the problem of school teaching, the great gaps in knowledge and objective difficulties in learning are fundamental problems in early delinquency. This suggests the need for early identification of children experiencing various types of difficulties in school. Since the majority of the homes investigated were unable to guarantee the children conditions for normal development even during the pre-school period, and since the process of demoralization of the children examined had started very early, the present survey spot-lighted a category of families in which the appropriate child-care authorities simply must intervene at a very early stage. Such official intervention should be combined with detailed medical and psychiatric examinations of the children already during the pre-school period. The early spot-lighting of such homes is of fundamental significance in the prophylaxis of social maladjustment of youngsters
Źródło:: Archiwum Kryminologii; 1974, VI; 128-139
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Rozmiary recydywy u nieletnich podsądnych sprawców kradzieży
Extent of Recidivism among Juvenile Delinquents and Their Later Careers
Autorzy:: Strzembosz, Adam
Powiązania:: https://bibliotekanauki.pl/articles/699242.pdf
Data publikacji:: 1974
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: recydywa
nieletni przestępcy
kradzież
recidivism
juvenile delinquents
theft
Opis:: The subject of this work are the findings of studies of the follow-up period intended to establish the further fate of 343 juvenile delinquents aged 10-16, who had been guilty of theft while still under 17. In 1961 detailed, criminological research was initiated in the Juvenile Court of Praga – one of the districts of Warsaw – (records were studied, interviews undertaken in the environs, homes and schools were conducted), which embraced all the 180 juvenile delinquents between 10-16 years, living in that district, who during the course of one year had been found guilty of theft. Further a study was made of the criminal records of 178 juvenile thieves from two other districts of Warsaw, all the juvenile delinquents who had been tried for theft by courts during the period from August 1961 to May 1962 being investigated in turn. In this way was obtained a total of 358 juvenile delinquents who had been found guilty of thefts. The idea was to find out how many of them were recidivists in the follow-up period. 33% of these juvenile delinquents were under 13 and 67% were between 13 and 16 years. The division into these two groups was justified because of the different approach of the Polish penal code to minors up to the age of 13: as regards such juvenile delinquents, the court may apply educational measures only: reprimand, supervision by parents, probation and placing in an educational institution. As regards delinquents between 14 and 16, the court may also apply correctional measures – i.e. approved schools. In the present work, the author accepts as basic criterion for defining the recidivist the fact that he has faced in a Juvenile Court a new charge of theft. The category of those not considered as recidivists includes only delinquents charged once with theft. Each juvenile delinquent who has been charged (usually by the police) a second or third time with theft already figures as a recidivist with 2, 3, 4 and more appearances in court. Moreover, it was possible during the investigations, combined with detailed interviews in the homes of the delinquents, additionally to qualify as recidivists such juvenile delinquents shown to have stolen though not brought before a court. Taking into account the variety of criteria applied to recidivists, they have been divided into the following categories: (a) first of all, formal criteria were applied: considered as recidivists were those concerning whom the court had previously applied educational and correctional measures. Here, the percentage of recidivists amounted to 37.7; (b) this percentage increased to 48.6 when considered as recidivists were all those who had been charged at least twice with theft, including those concerning whom the court had not considered it relevant to apply any new measures; (c) this percentage was still higher (61.2), when listed as recidivists were all those whom the court had found guilty of at least two thefts; (d) interviews in the environment conducted as regards 180 juvenile delinquents in a single district revealed in addition that these data too were not entirely reliable in defining recidivists. Data from interviews showed that the percentage of delinquents who had committed more than one theft amounted to as much as 78.5. It was also found that, when applying the first, formal criterion recidivists among the older delinquents (46%) were far greater in numbers than among the younger (20%). The second criterion – at least two thefts – showed that the difference between older and younger delinquents as regards the percentage of recidivism among them (82.2% 73.2%) was only slight. These data indicate that the formal criterion for recidivism, used by Juvenile Courts, does not reflect the actual extent of this phenomenon. This is the more important since, the latter, broader definition, was found to be the most satisfactory for prognostic purposes. It was established that during the two-year follow-up period a substantially larger number of juvenile delinquents previously listed, according to the first formal definition, as not being recidivists (47%), faced charges than was the case with those listed according to the second definition (17.6%). Criminological investigations – combined with interviews conducted in their families – of 180 juvenile delinquents from a single district, revealed that juvenile delinquents charged with theft are as a rule socially maladjusted children, showing the first symptoms of social maladjustment even in the first grades of primary school. With 62% symptoms of demoralization were recorded with children between 7 and 10 years of age. A typical phenomenon with these juveniles is a considerable lag in their school studies, found as regards 95% of older and 76% of younger juveniles. A lag of at least two years was found with 77% of the older and 37% of the younger individuals investigated. The majority of these systematically played truant; 37% of the younger and 70% of the older juveniles had run away from home. Only as regards 33% was it not found that they consumed alcohol; 26% drank at least once a week; 25% of the recidivists were heavy drinkers. On the basis of data obtained from mothers during interviews (and for 50% of the cases also from child guidance clinics, institutions etc.) it was possible with 60% of the older investigated delinquents to establish various types of personality disorders; 26% were suspected of having suffered organic disturbances of the central nervous system; data indicating such diseases in the past were more frequently found with recidivists (37%) than with those who were not recidivists (13%). Those investigated were for the most part brought up in an unsatisfactory family environment. It was found that in 46% of the families fathers or step-fathers systematically drank alcohol to excess; delinquency of fathers was noted in 31% of the families, and in 9% the mothers were suspected of prostitution. As many as 67% of the brothers revealed symptoms of demoralization and 47% had committed theft. Recidivists differed markedly from non-recidivists as regards such negative features, characterizing the family environment as: systematic abuse of alcohol, unhappy married life of the parents, children very poorly cared for. Of all the 358 thieves investigated, a mere one-third were as juveniles (under 17) charged only once: thus they were not recidivists according to the criteria accepted in the investigation; 21% had twice faced a court; 11% – three and 34% – four or more times had been charged before a Juvenile Court. The differentiated groups of the youngest and oldest among those we investigated did not differ markedly as regards the number of appearances in court while under age. Consideration was next given to further delinquency during the period when the investigated were young adults i.e., when they were between 17 and 20. New offences were noted during that period with 50% of the former defendants who, previously had been juveniles. It also emerged that the number of charges preferred while they were under age was of essential significance for recidivism during the period when those investigated were already young adults. Among those who had been charged only once as juveniles, only 27% were afterwards convicted between the age of 17 and 20; among those charged twice – 48%; beginning with 3 charges, the percentage of later recidivists amounted to 65.8, and with 4 and more charges – to as much as 78.7%. The number of convictions while juveniles indicates a correlation not only with the actual fact of recidivism when those concerned were still young adults, but also the intensification of recidivism between 17 and 20. The majority of those who while juveniles had only one case against them, were subsequently convicted only once. But of those who while juveniles were charged at least three times, the majority (64%) had multiple convictions between 17 and 20. Typical of offences committed by those who had been charged with theft as juveniles, continued to be theft; close on half of those investigated, however – and this should be emphasized – were convicted for offences against the person, officials or the authorities, and these as a rule were offences committed while intoxicated. One-third of the subjects spent in prison at least half of the four-year period, while they were young adults. In 1972, when the last follow-up period was studied, ten years had elapsed since the beginning of the investigation of the delinquents who had committed theft while juveniles. The younger among them were at that time 20 to 23 years old; the older – 24 to 27 (the average age being about 26 years). As regards these 243 older investigated individuals, it was possible to examine not only the period when they were young adults, but also the later period, after they were already 21 years old; this later period was in their case sufficiently to make it possible properly to evaluate whether during that time they had ceased committing offences or whether they continued to do so. Further delinquency of the older among those investigated during the period after 17 until their average age was about 26, was as follows: – It emerged that only 38% had not been convicted at all after the age of 17. The overwhelming majority of them (83%) had been charged only once or twice while under age. – 17% had been convicted only between 17 and 20, while 13% had been convicted only after 21. – 32% were convicted as young adults as weil as later after the age of 21. In this group, the majority (73%) had been charged before a court at least three times as juveniles. As regards the older among those investigated for the entire follow-up period, it was confirmed that the majority showed a correlation with what happened during their juvenility: further delinquency as well as persistent recidivism was found more frequently with those who were more frequently charged as juveniles. During the entire follow-up period, 19% of the older individuals were convicted only once, l3% – twice, and 30% – at least three times. The category with multiple convictions, recidivists convicted at least four times amounted to 20%, which certainly is a substantial figure, having regard to the relatively long prison sentences passed on those convicted two and three times. It should be added that though interviews in the environment during the follow-up period were lacking, making impossible a proper evaluation of the social adjustment of those investigated who during that period had no new convictions or were convicted only once, the data obtained enable the drawing of conclusions which are important for social policy. Note that even frorn among the investigated juveniles who were charged only once before a court, as many as 42% were later convicted after 17; this points to the necessity of a thorough examination of even apparently minor cases of theft involving those under age who previously had not been convicted. The extent of persistent recidivism revealed demonstrates the poor effectiveness of methods used as far in dealing with juvenile delinquents who revealed symptoms of marked social maladjustment.
Źródło:: Archiwum Kryminologii; 1974, VI; 140-155
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 5.

Tytuł:: Charakterystyka czynu i sprawcy kradzieży na przykładzie postępowań sądowych
Characteristics of the crime of theft and its perpetrator based on court proceedings
Autorzy:: Klimczak, Joanna
Powiązania:: https://bibliotekanauki.pl/articles/698831.pdf
Data publikacji:: 2019
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kradzież
badania aktowe
sprawca kradzieży
theft
larceny
thief
shoplifting
Opis:: This article compares the features of contemporary theft and its perpetrators with the characteristics of theft before the transformation in Poland. For this purpose, two studies on theft were compared – one from 2017 and one from 1979. This procedure made it possible to compare the objects of theft, the way it is perpetrated, the characteristics of its perpetrators, and the methods by which it is detected, as well as the punitive measures applied. The material gathered showed both differences and consistencies in the compared cases.
Przedmiotem tekstu jest porównanie współczesnej charakterystyki czynu i sprawców kradzieży z ich obrazem sprzed transformacji w Polsce. W tym celu zestawiono wyniki dwóch badań aktowych spraw sądowych kradzieży – z 2017 r. oraz z 1979 r. Zabieg ten umożliwił porównanie przedmiotu kradzieży, sposobu ich popełnienia, sylwetek sprawców, a także zastosowanych środków reakcji karnej. Zebrany materiał ukazał zarówno zmiany, jak i prawidłowości w porównywanych sprawach.
Źródło:: Archiwum Kryminologii; 2019, XLI/1; 381-438
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Przestępczość nieujawniona. Porównanie polskich rezultatów ICVS '86 i '92
Unreported Crime. Polish Findings of ICVS '86 and '92 Compared
Autorzy:: Siemaszko, Andrzej
Powiązania:: https://bibliotekanauki.pl/articles/698662.pdf
Data publikacji:: 1998
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość nieujawniona
rozbój
przestępstwo seksualne
kradzież
unreported crime
robbery
sexsual offense
theft
Opis:: Poland participated in all the three ICVS series conducted so far, and research was each time carried out by the Law Enforcement Institute. However, due to Poland’s underdeveloped telephone network, only the 1989 (Warsaw) survey used the method of telephone interview. The next two series, of l992 and 1996, examined relative big and carefully selected national samples of households (of assumed over 2 thousand respondents in 1992 and over 4 thousand in 1996), but the traditional face-to-face method was used. The field survey was carried out by renowned opinion survey centers supervised by the Institute. Particularly worth stressing is the fact that Poland was probably the only country involved in ICVS where surveys started exactly on time. It should also be added that we achieved more than satisfactory completion rates: the proportion of refusals was about 5% in 1992 and 14% in 1996, and thus much smaller compared to survey using the CATI (Computer Assisted Telephone Interview) method. This of course influenced the quality of our findings. In 1995, Polish people most often fell victim to consumer offenses (14.2%) and carbreaking (10.1%). Rather high were also the proportions of interntional car damage (9.6%) and theft of personal property (5.6%). In the remaining cases, victimization coefficients never went beyond 5%. Compared to 1991, victimization structure underwent no greater changes. Of the 13 types of offenses examined, only 5 showed increases or decreases by more than 1% in the proportion of victims; the biggest change was 2.6% which was in practice still within the bounds of measurement error. Generally it seems, therefore, that in l991 and l995 unreported crime became stabilized in Poland as opposed to reported crime which in most cases still shows rather a strong upwards trend. Thus while robbery rate was 1.7 in 1991, the 1995 rate was higher by a mere 0.1% and amounted to 1.8. It should be added, though, that also our findings confirm the thesis as to a growing brutality of robbery and a change in the perpetrators’ modus operandi. For example, the proportion of robberies committed by one person went down from 25.2 to 18.8%. Besides, a larger proportion of respondents said to robbers had been armed. Also the „effectiveness” of robbery went up: a greater proportion (43.6 compared to 37.7%) stated that the robbers had actually managed to steal something. On the other hand, though, which is against expectations, also the proportion of statements as to robbers being armed went down. To our great surprise it appeared, too, that among the 13 countries participating in the survey (where ICVS '96 was carried out on the national sample) Poland had the highest robbery rate. The rate of batterics (attempts) went down from 4.2 in 1991 to 3.7 in 1995, that is by 0.5%. Yet characterization of those acts would be incomplete if we failed to mention that, in that same period, the proportion of batteries by assailants armed with dangerous weapons or firearms went up from 6 to 20.6%, and the weapons or firearms were actually used in 35.2% of cases. The more serious nature of batteries is also manifested by a considerable growth in the number of cases in which the victims needed a doctor: 32.8% in 1995 compared to 22.4% in 1991. As opposed to robbery, though, the battery rate in Poland is among the relatively low. Reduced most among acts with the element of aggression in years under comparison was the number of sex ofenses: from 3.6% in 1991 to 1.5% in 1995, that is by 2,1% (the difference being significant). It should be mentioned, though, that while none of the victims of this kind of act actually called it rape in 1992, the proportion of such persons was as much as 7% in the most recent survey. There was at the same time a rather considerable drop (by over 7%) in the number of victims who called the act ,,indecent assault”. Thus also the structure of this kind of acts underwent a specific change. What can be treated as indirect indication of seriousness of sex offenses are also statements as to criminal nature of the act (,,Do you consider the act an offense?”). Also those statements („Yes” answers) confirm the drop in the number of more serious acts of this kind (from 6.1% in 1992 to 53.5% four years later). Also reduced (by over 10%) was the proportion of statements as to serious or very serious nature of the incident. The relatively small danger of sex offenses in Poland is confirmed by confrontation with international data: in three countries only, the proportion of victims of such acts is smaller than in Poland. The growth of car sales situates Poland among European leaders. It was therefore interesting to find out about the impact of the growing number of cars on offenses ,,against cars”. According to the criminal opportunity theory, a considerable growth in the numer of such offenses could be expected, caused by increased ,,supply”. It appeared, however, that the growing number of cars failed to bring about any significant growth in the number of offenses against cars. Proportions of victims of car theft and intentional car damage (among car owners) went up in the period under analysis by a mere 0.1% (from 1.4% to 1.5% and from 9.5% to 9.6% respectively); in the case of victims of carbreaking, the proportion went down by 0.4% (from 10.5% to 10.1%). From comparison with international data on offenses ,,against cars'' it follows that Poland is among countries with medium-level threat of car theft; instead, the threat of car-breaking and international damage to cars is above the average, Poland ranking second and fourth respectively. Greater changes were found in the cases of one-track vehicles: motor-cycles and bicycles. In both cases, the numer of victims went down: by 1.8% in the case of motorcycle thefts, and by 1.1% in the case of bicycle thefts; it is worth stressing that the drop was significant. In most countries under research, thefts of one-track vehicles, bicycles in particilar, are a much greater problem than in Poland. Among the analyzed acts against property, the greatest drop (by 2.5% which makes the difference significant) was found in the case of the number of victims of theft of personal property. A sub-category of this group was pocket-picking inquired about by a filtering question. Worth stressing here is a drop in proportion of pocket-picking among thefts of personal property: from 83.2% in 1991 to 71.3% four years later, that is by over 10%. However, Poland is stil among countries with the greatest threat of thefts of personal property, pocket-picking included (which is rather understandable the fact considered that most Polish people still carry cash instead of a credit card). There was also a slight downward trend in the proportion of victims of housebreaking, both attempted (by 0.5%) and committed (by 0.1%). The proportions of victims of housebreaking (attempted and committed) situate Poland among countries with a medium-level threat of that type of offense. Compared to the previous survey. There was a considerable growth (by 2.6% which makes the difference significant) in the number of victims of consumer frauds. Instead, the number of victims of corruption of State officials went down by 0.7%. As follows from comparisons with international data, Poland is among the countries with the highest threat of such acts. Particularly alarming is the fact of as high a level of corruption in both post-communist countries included in the sample: in Poland and Czech Republic alike, that level is several times higher compared to the remaining countries. Similar trends can generally be found in a comparison of numbers of offenses per l00 respondents; here, however, differences in dynamics of individual offenses can be noticed with greater clarity. Striking is also a growth in the rate of batteries (attempts): from 6.7 in 1991 to 7.4 in 1995. The general victimization risk index is now 23 in Poland; it was 27 in the previous survey which means a drop by 4 points. From a comparison of that index with its foreign counterparts it follows clearly that the general extent of crime is not too big in Poland. At any rate, Poland is below the average of 11 Western countries of which 3 only (Finland, Austria and North Ireland) have indices lower than the Polish one. Yet underlying this apparent stabilization of unreported crime in the discussed period is a rather considerable growth or drop in the numer of repeated victims. Thus the proportion of repeated victims (respondents who fell victim to a given type of offense on at least two occasions during the last 12 months) went up in the case of car thefts by 9.1; in the case of car-breaking – by as much as 15.1; in the case of international damage to car – by 4.7; in the case of theft of personal property – by 8.2; in the case of burglary - by 4.9; in the case of robbery - by 9.7; and in the case of battery (attempt) – by 8.1. The only proportions that showed a downward trend were those of victims of motorcycle theft (by l0.2); bicycle theft (by 1.1); and sex offences (by 13.2). This is therefore a significant growth in concentration of crime (a greater numbers of acts against those same persons). Interestingly, the direction of the trend is not always the same in the case of one-time and repeated victims. For example, the proportion of victims of car-breaking went down by 0.4 in the period analysis while that of repeated victims went up by over 15. Differences in the dark number between individual offenses are very big. As follows from the findings of the Polish part of ICVS ’96, they range from nearly 100% (in the case of consumer frauds),to under 10% (in the case of car thefts). Besides, against expectations, the dark number was by no means the highest in the case of sex offences (it was very high, though: 88%). Generally it can be stated that the lowest dark number is found in the case of willful taking of property of considerable value, that is car and motor-cycle thefts, burglaries and bicycle thefts (7.2%, 21%, 45.7% and, 55.2% respectively). Seldom reported, instead, are thefts of personal property: the dark number is here nearly 80%. Also robbery and battery have a high dark number of 62.5% and 68.8% respectively. The dark number is definitely the highest (nearly 100%) in the case of the above-mentioned consumer frauds and corruption. As regards the inclination to report an offense, differences between the findings of the 1992 and 1996 survevs were greater but by no means explicit. Generally, there was an increase in the numer of reported aggressive offenses: batteries (by 6.4%); robberies (by 6.1%); and sex offenses (3.6%). The opposite trend was found in the case of reported thefts. The greatest was the drop in reported motor-cycle thefts (by 10.1%) and carbreaking (by 8.6%; here, the difference was significant). The proportion of reported bicycle thefts went down by 2.2%; that of cars – by 0.2%; and that of thefts of personal property remained unchanged. There was, instead, a rather considerable growth in the proportion of reported damages to car (by 3.2%) and burglaries (by 6.1%). The dark number of offenses is still very high in Poland, much higher than in the West. There, the average proportion of reported offences in the groups of six acts under analysis amounts to 50; in Poland, it is merely 34. This means that police data on crime in Poland are not too reliable as they say very little about its actual extent. Compared to the previous survey, the people's feeting of safety increased rather considerably which may also indirectly confirm the thesis that generally, there is no actual growth in crime in Poland. There was a growth by 11 points in the proportion of respondents who said they felt safe strolling in their neighborhood after dark; the proportion of those who said they avoided specific streets for reasons of safety dropped by one-third; and the proportion of persons who considered it highly probable that they would fall victim to burglary during the next 12 months was reduced by half. Despite the rather explicit growth in the Poles' feeling of safety, there was also a most considerable growth in their critical opinions on police work. Thus the proportion of respondents who consider police actions to control crime ineffective went up by a half. Respondents also spoke of fewer policemen patrolling the streets: the proportion of those who said that a police patrol turned up in their neighborhood at least once a day went down from 27.5 top 23.3. Mentioned more often among reasons for not reporting an offense was idleness of the police. Persons dissatisfied with the treatment they received from the police prevailed among those of the victims who had reported the last offense against them. The proportion of the satisfied was the highest among victims of reported battery: 40%. Among victims of reported robbery, instead, the proportion of those satisfied with the treatment they received from the police was somewhat under 30%. Worth mentioning in this context is also a considerable drop in effectiveness of police work as regards regaining of stolen cars. While the 1992 findings indicated a satisfactory effectiveness in this respect (in 77.4% of cases, the owners got their stolen car back) there were a mere 45.l% of such cases in the 1996 survey. Crowning this definitely unfavorable appraisal of police work is the nearly three times' growth in the number of persons who mentioned police officers among officials demanding a bribe (31.9% compared to previous 11.4%). It appears, therefore, that stable crime and growing feeling of safety is not accompanied - as one might expect – by more favorable appraisals of police work. This results probably from the fact that the people's expectations in this respect went even higher up since 1992.
Źródło:: Archiwum Kryminologii; 1998, XXIII-XXIV; 45-74
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Przestępstwo kradzieży tożsamości po zmianach wprowadzonych ustawą z 31 marca 2020 r. nowelizującej przepisy w sprawie COVID-19
Autorzy:: Budyn-Kulik, Magdalena
Powiązania:: https://bibliotekanauki.pl/articles/1788166.pdf
Data publikacji:: 2021-02-27
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kodeks karny
kradzież tożsamości
wizerunek
dane osobowe
identyfikacja
Criminal Code
identity theft
picture
personal data
identification
Opis:: Ustawa z dnia 31 marca 2020 r. o zmianie ustawy o szczególnych rozwiązaniach związanych z zapobieganiem, przeciwdziałaniem i zwalczaniem COVID-19, innych chorób zakaźnych oraz wywoływanych nimi sytuacji kryzysowych zmieniła m.in. treść przepisu art. 190 a § 2 k.k. W pierwotnym brzmieniu tego przepisu kryminalizowane było zachowanie polegające na podszywanie się pod inną osobę z wykorzystaniem jej wizerunku lub innych danych osobowych w celu wyrządzenia jej szkody majątkowej lub osobistej. Wizerunek jest pojęciem niełatwym do zdefiniowania. Przyjmuje się, że obejmuje obraz człowieka oraz inne cechy postrzegalne zewnętrznie pozwalające na jego identyfikację. Pojęcie danych osobowych zostało zdefiniowane w rozporządzeniu Parlamentu Europejskiego i Rady (UE) jako wszelkie informacje o możliwej do zidentyfikowania osobie fizycznej. Obecnie ustawodawca wprowadził dodatkowe znamię – „inne dane, za pomocą których jest ona publicznie identyfikowana”. Zasadność wprowadzenia tego znamienia oraz sposób jego ukształtowania budzi wątpliwości; w szczególności określenia „publicznie” oraz „jest identyfikowana”. Zarówno pojęcie wizerunku, jak i danych osobowych, mieszczą się w znamieniu „innych danych”.
The Act of March 31, 2020 changed, inter alia, the content of the provision of Art. 190 a § 2 of the Polish Criminal Code. In the original wording of this provision, conduct consisting of impersonating another person using his/her image or other personal data in order to inflict material or personal harm on her/ him was criminalized. Image is not an easy concept to define. It is assumed to include the appearance of a person and other externally perceptible features that allow for their identification. The concept of personal data has been defined in the Regulation of the European Parliament and of the Council (EU) as any information relating to an identifiable natural person. Currently, the legislator has introduced an additional element - 'other data by means of which it is publicly identified'. The legitimacy of introducing this characteristic and the way it was shaped raise doubts; in particular, the terms 'in public' and 'is identified'. Both the concept of image and personal data fall under the term 'other data'.
Źródło:: Studia Prawnicze; 2020, 2(222); 23-38
0039-3312
2719-4302
Pojawia się w:: Studia Prawnicze
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Analiza przestępczości wielokrotnych recydywistów
Delinquency of persistent recidivists
Autorzy:: Szelhaus, Stanisław
Powiązania:: https://bibliotekanauki.pl/articles/698890.pdf
Data publikacji:: 1969
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość
recydywa
kara pozbawienia wolności
młodociani
więzienie
włamanie
kradzież
alkoholizm
crime
recidivism
imprisonment
juvenile
prison
burglary
theft
alcoholism
Opis:: 1. The first part of the paper deals with the data from criminal records, pertaining to the delinquency of all thb 440 prisoners recidivists who within a two-year period entered the Warsaw Central Prison and who corresponded to the previously mentioned criteria. 42% out of the total of these recidivists were aged between 26 and 30, 58% - between 31 and 35, their average age being about 31. Two-thirds lived in the Greater Warsaw area, 15% in small towns and settlements on the outskirts of Warsaw and 7% in nearby villages. The average number of convictions after 17, amounted to 6,7 in regard to 440 recidivists. 40% were convicted 4-5 times, 35 - 6-7 times, 25% - 8 times and more. As far as their stay in prison is concerned it can be stated, that 26%, of the recidivists stayed in prison only four times,44% - 5-6 times and 21% - 7 times and more. Investigating the age of recidivists at which they were first brought to courts after 17, it was established that 20% were first tried at the age of 17, 18% at 18 and 29% between 19 and 20. Only 33%, of recidivists were first convicted when they were 21 or older. The beginning of delinquency with respect to persistent recidivists was however much earlier; results of detailed investigations relating to 220 out of those 440 recidivists revealed a considerable percentage of subjects commiting thefts when they were not older than 17 (these data are quoted below together with the results of investigations on the 220 recidivists). Taking into account all the offences for which 440 recidivists were convicted and for the perpetration of which they were suspected (if they were remanded in custody awaiting trial), it can be asserted that 59%, out of 3,862 were offences against property of which thefts amount to as many as 75,6%. Offences against person constitute 15% ot the total of offences. Most of them did not involve any serious consequences for the victim, - minor assaults constituting 43%, light bodily injury 24%, maltreating his wife and children by an alcoholic recidivist - 17%. Assaults on public officers (nearly always committed in state of inebriety) constitute 12% of all the offences. Out of 3,862 offences only 201 (5%) may be classified as serious acts of aggression, 148 of which were robberies. Although 150 (34%) recidivists committed these 201 serious acts of aggression, the overwhelming majority were convicted only once for the perpetration of that type of offence. Only 41 recidivists (9%) committed two or more offences connected with aggression; out of those 41 offenders 23 were convicted for the perpetration of robberies. The 440 recidivists were divided into categories taking into account the kind of offences they committed; it appeared, that two-thirds of the recidivists were convicted for the perpetration of different offences. Only 24% were convicted for the perpetration of offences against property exclusively and only with 28% such offences distinctly outweighed any other offences. A category of recidivists (9%) convicted several times for offences against person exclusively and for insulting or attacking public officers (mostly policemen) is also worthy to be mentioned as well as such recidivists (16%) with whom these offences connected with aggression distinctly outweighed any other offences. By comparing the length of time during which, since they were 17, the persistent recidivists stayed in prison with that during which they were at liberty it has been established that about 30% of them stayed longer in prison than at liberty; nevertheless, about 32% stayed at liberty for at least three-fourths of the entire period after they were 17. The rate of recidivism is reflected in the data relating to the average stay at liberty of 440 recidivists. Almost half of them (46%) stayed at liberty for a relatively short time - less than a year - (with 13% it did not exceed 6 months). In 40% of cases the average stay at liberty lasted from one year at least to less than two years and only with 14% it lasted at least two years. Worthy of mentioning are also the following data on the longest stays at liberty, indicating that the rate of recidivism was formed in different ways. Only 12,5% of recidivists did not stay longer at liberty, between arrests, than 1 year while 23% stayed at liberty for 3-5 years at least once in their lifetime, counting from their release from prison until the new arrest. 10% stayed at least once at liberty for as long as 5 years. 2. The above data on delinquency of 440 recidivists, based exclusively on the information contained in registers, will be now completed by essential, additional data from judicial records, obtained during detailed investigations on 220 out of the 440 recidivists. In the beginning however, it is necessary to give the results of investigations concerning the origins of delinquency of recidivists when they were under 17. These results are based on data revealed in Juvenile Courts and on information received from the recidivists themselves and from their mothers. If only such cases are taken into account on which objective information could have been obtained from Juvenile Courts (136), it appears, that 63% of recidivists were found guilty by the courts already under 17 or else confessed to repeated perpetration of thefts for which they had not been tried. On the other hand, basing on the incomplete data on all the 220 recidivists it was ascertained that at least 57% committed offences (thefts) as juveniles, 37% were found guilty by the courts and 20% committed unrevealed thefts. The delinquency of 25% of recidivists began already under 13 (this percentage is in fact undoubtedly higher). Thus, the results obtained from investigations on persistent recidivists aged between 26 and 35 correspond to the results of previous investigations carried out on recidivists under 26, most of whom began committing offences also at the time of their juvenility On the basis of judicial records one may characterize the type of offences and the manner of committing them by the investigated 220 recidivists, after their 17th year. As far as thefts are concerned the percentage of burglaries amounts to 40% while burglaries into shops and stores do not exceed 25% and into houses 23%. Among thefts perpetrated without burglaries a fair number constitute thefts committed in private houses, petty thefts in places of work and stealing from drunkards. Pocket thefts are only 5%. The value of stolen property did not exceed 500 zł in 3% of the thefts and 2,000 zł in 61% of cases. Losses exceeding 10,000 zł were stated only in 10% of the total of thefts according to the material under investigation. It should be emphasized that the analysis of judicial records and investigations of recidivists have shown that a large majority of them commit various types of thefts and cannot be classified as thieves with a definite specialization. Even among recidivists who committed several burglaries only 5 could be classified as offenders committing a definite type of theft. The number of recidivists convicted for three or more burglaries is after all very small as it amounts to 29 (scarcely 16% out of the total of the investigated recidivists). Investigating robberies committed by the recidivists it was first of all ascertained that only 23% were committed by sober offenders (besides, the victim was sober only in 45% of cases). 65% of robberies were committed in the streets (or in parks). Only 21% of robberies were planned and carefully prepared (robberies in houses of well-off persons). 32% constitute robberies in the streets, parks etc. on persons unknown to the offender. Victims of the remaining robberies were persons with whom offenders were drinking alcohol before (the victims were often previously convicted). It should be mentioned that 80% of victims did not sustain any bodily harm whatever. Examining offences against person, committed by the investigated recidivists (90% of which constitute offences of no serious consequences to the victims) it can be asserted that almost all offenders acted under the influence of alcohol and that nearly half of the offences (46%) were committed by two persons at least. Regarding motives of those offences, there were no motives at all in 35% of cases; hitting a passer-by in the street or beating him up was done by an inebriate offender for no reason. There were some insignificant reasons in the remaining cases but the reaction of the inebriate offender was distinctly inadequate to the circumstances of the incident. Similarly, insulting or attacking the policemen was perpetrated by inebriate recidivists only. For the most part (47%) these offences were connected with arrests of the recidivists for some misdemeanours (i.e. drunkenness, disorderly behaviour), rarely for committing an offence (30%). In 23% of cases assaults on policemen were connected with establishing the identity of an inebriate recidivist in the street. Already the analysis of the material contained in judicial records testifies to the fact that frequent alćoholization plays an important part in the etiology of the recidivism and that individłals abusing systematically of alcohol appear in large numbers among the recidivists. 3. An attempt to isolate definite categories of offenders from among 220 of investigated recidivists gave the following results: A. 70% out of the total number of recidivists constitute those recidivists, whose offences against property (thefts as a rule) outweigh considerably any other offences they ever committed. B. 29% of them constitute such recidivists who either did not commit any offences against property at all or committed them only exceptionally. The first category of recidivists (A) comprising 152 prisoners could be divided into two separate groups of recidivists: A1 - a group of recidivists (93) who could be defined as professional offenders, since their chief or only source of maintenance were gains from offences, and A2 - a group of recidivists (59) who perpetrating almost exclusively offences against property, nevertheless have also other sources of stable income. Group A1 - could be divided into two sub-groups (of a similar number of men) consisting of recidivists who commit serious thefts (and robberies) and recidivists who commit only petty thefts as a rule. Recidivist from both sub-groups classified as professional offenders, began committing offences as a rule already in their juvenility (over 80%). As many as 59% abused of alcohol in large quantities already under 21. The percentage of alcohol addicts amounts to 42% in the first sub-group. and up to 69%, in the second. The highest percentage of recidivists (75%) who spent the larger part of their life in prison, appeals among recidivists classified as professional offenders perpetrating serious offences. They are characterized by a more rapid recidivism as compared with other groups of recidivists since their average stay at liberty between subsequent arrests did not exceed six months in 41% of cases and in 85% of cases lasted less than a year. Already these data testify to the fact that although these recidivists were classified as professional offenders since as a rule they had no other sources of maintenance than gains from offences they committed, they nevertheless differ substantially from genuine professional offenders, who usually stay at liberty for long periods of time. Besides, they differ substantially from genuine professional offenders also in that that there are no such recidivists among them (with a few exceptions) who would possess a definite specialization in stealing and would perpetrate a definite sort of theft (pocket thefts, burglaries etc.). Although this sub-group of recidivists were isolated because of the serious thefts they had perpetrated, nevertheless a majority of the thefts did not cause any considerable losses. The second sub-group of recidivists, also defined by the term of professional offenders, in even smaller degree resembles the type of a genuine, professional offender. There is not even one recidivist among them who would commit thefts of a definite type; they commit petty thefts as a rule and some of them live on gambling, illegal trade or fencing. In contrast to the recidivists of the first subgroup (professional offenders committing serious thefts), the recidivists committing petty offences against property stayed at liberty for a much longer time - only 36% stayed in prison for more than half the period of time which elapsed since they were 17. The rate of their recidivism is much slower as only in one-fourth of cases the average stay at liberty between subsequent arrests did not exceed 6 months (in the former group as many as 41%). Finally it should be mentioned that recidivists classified as professional offenders (from both sub-groups) committed, besides the offences against property, also offences against person and police when under the influence of alcohol. Offences against property amount to 75/" of the total of perpetrated offences in the first sub-group, while in the second they amount only to 59% The A2 recidivists committing offences against property, which does not constitute their main source of maintenance, do not form a uniform population of offenders. There are recidivists among thęm who work more or lęss systematically and who committed thefts not connected with the abuse of alcohol, as well as recidivists (and they constitute a majority among the A2 recidivists) who commit petty thefts connected with their alcoholism (the percentage of alcohol addicts in this group is the highest and amounts to 80%). With regard to these recidivists the beginning of their abuse of alcohol preceded the beginning of perpetration of offences and a considerable percentage of thefts is committed in state of inebriety. 56% ot these recidivists began abusing of alcohol already under 17. An altogether separate category of recidivists constitute offenders isolated as recidivists B (29% of the total of investigated recidivists) who committed offences mostly with the use of aggression (against total strangers as a rule), qualified as hooligan offences. Thefts, which they commit very rarely, constitute rather a secondary or even episodical phenomenon in their life, and are usually perpetrated occasionally, without any definite plans. The category of recidivists B now under consideration, contains a small (23) group of recidivists who committed several thefts (3,3 per person); almost all (83%) began committing offences and abusing of alcohol as juveniles (81% of them abused of alcohol already under 19). In general, their way of life could be defined as parasitic. The percentage of alcohol addicts amounts tp to 73%. Other recidivists belonging to the same category of offenders persistently committing aggressive offences (qualified as hooligan offences), against person or police, perpetrated almost exclusively offences of that sort (the average number of thefts per person amounting only to 1,5). They began committing offences much later (hardly 19% committed them as juveniles), and as many as 50% were first tried at 21 or later. The percentage of alcohol addicts amounts in this category to 50%. Almost all of them began abusing of alcohol early, only 32% started at 19 or later. This group contains recidivists with the smallest number of convictions - half of them were convicted only 4 - 5 times. Some 60% worked rather systematically. In this way, persistent recidivists constitute a vęry varied population of offenders. Recidivists committing exclusively offences against property do not exceed 27%. It is also significant that as many as 25 recidivists, committing thefts exclusively, can be found in 4 different groups of recidivists. A typical occurrence is the perpetration, under the influence of alcohol, of offences against person, not involving any serious consequences for the injured. Similarly, very significant is the fact that among the investigated persistent recidivists there are virtually no representatives of the type of a genuine, professional offender; most offences against property involved only trifle losses. Considering the intensity and rapidity of thę recidivism one is confronted with following questions: why penalties inflicted on the persistent offenders have proved ineffective; did recidivism occur as rapidly after short penalties as after the long ones; was long imprisonment inflicted on thęm also at the beginning of their delinquency, etc. This work could not dwęll at length on the above problems. We may merely content ourselves with quoting the following essential results of investigations concerning penalties inflicted on 400 recidivists. An analysis of their stays at liberty after they had served all the sentences which amounted up to 6 months, from 7 to 11 months, from 1 year to less than 2 years, from 2 years to less than 3 years and from 3 years upwards - revealed, that a long prison term of at least 3 years has not proved more effective than a short one up to 6 months. Moreover, it appeared that long prison terms are followed by shorter, on the average, stays at liberty than the short ones. Even in case whęn high penaities involving 2-3 year imprisonment were inflicted at the first, the second or the third trial, results were not any better than in case of short-term penalties. The analysis of penalties inflicted on 44 recidivists, classified as professional offenders committing serious offences against property, revealed, that although nearly half of them were sentenced, at least once, to 5 years or more, the rate of their recidivism did not prove less rapid than after much shorter prison terms. It should be recalled, that only 25% of these recidivists stayed longer at liberty than in prison after they were aged 17. Thus, the results of investigations confirm the experience of many other countries indicating, that with regard to those recidivists who were seriously maladjusted and anti-social since their juvenility, mere imprisonment which is usually resorted to, irrespective of its length, has proved as a rule disappointing.
Źródło:: Archiwum Kryminologii; 1969, IV; 11-58
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Przestępczość przeciwko mieniu w Polsce w latach 1924–2005 w świetle danych statystyki policyjnej
Crime against Property in Poland between 1924 and 2005 in the Light of Police Statistical Data
Autorzy:: Krajewski, Krzysztof
Powiązania:: https://bibliotekanauki.pl/articles/698858.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępstwo przeciwko mieniu
statystyka policyjna
kradzież
mienie
Policja
dane statystyczne
1924-2005
offence against property
police statistics
theft
property
Police
statistics data
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 119-131
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 10.

Tytuł:: Rozmiary nieprzystosowania społecznego uczniów warszawskich szkół podstawowych
The extent of social maladjustment among children of Warsaw elementary schools
Autorzy:: Ostrihanska, Zofia
Powiązania:: https://bibliotekanauki.pl/articles/699042.pdf
Data publikacji:: 1982
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: nieprzystosowanie społeczne
szkoła podstawowa
uczniowie warszawscy
nieprzystosowanie szkolne
demoralizacja
kradzież
wagary
agresja
spożywanie alkoholu
social maladjustment
primary school
Warsaw students
school maladjustment
demoralization
theft
truancy
aggression
alcohol consumption
Opis:: In the school year 1976/77 the Department of Criminology, Institute of State and Law, Polish Academy of Sciences, began research whose object was - among others - to ascertain the extent of social maladjustment among children from Warsaw elementary schools. As socially maladjusted were recognized children, whose behavior was characterized by a complex of comparatively persistent symptoms pointing to inobservance by those children of fundamental rules of behavior obligatory for the youth of this age (that is, truancy, hour-long gallivating round the streets without control, keeping company of demoralized colleagues, thefts, running away from home, drinking, taking drugs, sexual demoralization, vandalism, aggression). In the study were included all children of 3rd- 8th grades of 50 elementary schools in Warsaw: it was a random sample from all schools of this type in the city. There were over 600 classes included in the study, with the total of 17,662 children aged 9- 15. The main object of the study was to find out how many children with the symptoms of social maladjustment there are among the pupils of grades 3- 8. It was to be achieved by obtaining information from the teachers about those among their pupils whose behavior covered by the definition of social maladjustment as presented above. The extent of social maladjustment among the children of Warsaw elementary schools was found to be substantial, as there were 6.5% of socially maladjusted children in the classes examined (10% of the boys and 2.7% of the girls). The extent is greater in the higher grades (there were as many as 15.4% of socially maladjusted boys and 4.4% of such girls in the 8th grade), and lower in the lower grades (respectively 7.4% of boys and 1.4% of girls in the 3rd grade). From the 7th grade an exceptionally distinct increase is pronounced. The percentage of boys revealing symptoms of social maladjustment is 3,7 times higher than that of girls. Among girls, there is a more pronounced increase in the extent of social maladjustment in higher grades as compared with lower grades, than it is the case among boys. Among the eldest girls the symptoms of social maladjustment intensified than among the eldest boys. The study revealed also large differences in the extent of social maladjustment among different schools. The percentage of socially maladjusted children ranged from 2.3% in the ’’best” school to 17% in the "worst" one. The classes in the "worsts" schools were found to be smaller than those in the “best” ones where the disclosure of a smaller number of socially maladjustment children could have been connected with the poorer acquaintance of the teachers with their pupils in larger classes. The districts of the “worst” schools were also often defined by the head-masters as "difficult”, that is inhabited by families estimated by them as unfavorable educational environment. The definition of social maladjustment assumed in the study revealed first of all the children who: gallivanted (77% of socially maladjusted boys and 75% of girls), played truant (70% of boys and 79% of girls), kept company of demoralized colleagues (55 and 44% respectively). The next most frequently occurring type of behavior was stealing (1/3 of boys and 1/5 of girls), while it was seldom that the children with the symptoms of social maladjustment were considered as drinking alcohol (merely 16% of boys and 14% of girls), which result not only from the fact that the children start drinking in the higher grades, but also from the teachers being only poorly informed as to the extent of drinking among their pupils. Running away from home occurs seldom among the socially maladjusted children (13% of boys and 15% of girls), as well as the symptoms of sexual demoralization (which were, however, found in as many as 20% of socially maladjusted girls from the highest grade, and in only 5% of boys from this grade); the teachers gave no information whatever as to the taking of drugs by socially maladjusted children. In the obtained picture of social maladjustment among school children there was a variety of the types of behavior regarded as symptoms of maladjustment; the intercorrelations between separate symptoms were not strong. Connections between these symptoms are more frequent and stronger in the case of children from higher grades, in whom the process of social maladjustment is more intense. The child from the 3rd grade defined as socially maladjusted is first of all a neglected child: gallivanting, playing truant, keeping company of demoralized colleagues, often behaving aggressively. Among the 8th grade children a larger cumulation of various types of behavior was found and also other symptoms were noted much more frequently. In the lower grades, truancy is the behavior which initiates and intensifies the process of social maladjustment: among those playing truant the cumulation of other symptoms can be found much more often than among other children. In the case of older boys, it is the company of demoralized colleagues that acquires the initiating and intensifying role in the process of social maladjustment.. It increases and shapes aggressive attitudes, provides patterns and encouragement to drinking alcohol, and is also conducive to gallivanting, stealing and sexual demoralization. According to the teachers, the majority (over 2/3) of the socially maladjusted children had severe learning problems, which had distinct repercussion on their unsatisfactory school progress. Such children were termed maladjusted to school education. Apart from the socially maladjusted children, the teachers also named 6,2% of boys and 3,5% of girls from the examined classes as revealing symptoms of school maladjustment. Every sixth boy from the classes included in the study was socially maladjusted or maladjusted to school, and every sixteenth girl. As the children grew up, there was a trend to cumulation of the symptoms of social and school maladjustment in them. Among the socially maladjusted boys from the lowest grades, an essential dependence was found between their reading and writing problems and their truancy, which - as stated above - initiates the process of social maladjustment in these grades. When asked about the causes of the child’s learning problems, which occur among the half of socially maladjusted children, the teachers indicated the insufficient care at home and bad family situation as the cause. Among boys, this cause is particularly important in the case of socially maladjusted children from lower grades (2/3 of all cases), and diminishes in the higher grades when - according to the teachers - it is the child himself who is to blame, particularly for his laziness. According to the teachers, among the families of socially maladjusted children those are prevailing who - for various reasons - are incapable of coping with their protective and educational tasks. Among the socially maladjusted children, the contribution of those from incomplete families (approximately 1/3 of the families of socially maladjusted boys and as many as 42.2% of the families of girls) and those brought up by mothers alone (approximately 1/4 of boys and 1/3 of girls) is much greater than in the average population. The degree of education of the parents is usually low with physical workers prevailing, and while the fathers usually have some professional training, the majority of mothers have no profession at all. In the families examined both parents usually work out of home (which is typical of a Polish urban family). In the families of over 1/3 of maladjusted boys and nearly 1/2 of girls, there are conditions that decided about their distinct socially deprived character as educational environment. According to the teachers, alcoholism or excessive drinking of one of the parent accurs in over 1/3 of these families. The family background of socially maladjusted girls is more socially negative than this of boys. The intensity of negative characteristics of the environment was particularly explicit among the children whose social and school maladjustment symptoms were cumulated. The majority of socially maladjusted children had learning problems concerning at least two school subjects. The majority had also problems in learning to read and write and were still below the level of their grade at the time of the study as regards their command of these skills which are essential for school education. Protective and educational activities undertaken by schools in respect of socially maladjusted children are minimal as compared with the needs. Only 10% of boys and 15% of girls visit day-rooms or day stay-in schools. As few as 11% of boys and 8% of girls attend youth clubs in the culture clubs. While the day-rooms and day stay-in schools are visited by children from worse family environment, usually those taken better care of in their families attend youth clubs. A large part (approximately 2/3) of socially maladjusted children were included in the "summer holiday action” and participated in holiday camps. Also, regarding a large part of them psychologists and educators were consulted; however, the teachers await assistance of guidance centre not only in the form of diagnosis but also of a long-term treatment of maladjusted child and his family.
Źródło:: Archiwum Kryminologii; 1982, VIII-IX; 191-231
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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