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Tytuł:
Przestępczość polityczna w województwie lubelskim w okresie międzywojennym
Political crime in lubelskie voivodship in interwar Poland
Autorzy:
Kędzierska, Grażyna
Siemak, Zbigniew
Powiązania:
https://bibliotekanauki.pl/articles/699001.pdf
Data publikacji:
2012
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość w II Rzeczpospolitej
przestępczość polityczna
political crime
Opis:
In the system of security organs of the Second Polish Republic fight with crime described as political belonged to the duties of National Police. The department of political Police was a secret specialized internal service of the National Police designed most of all to invigilate almost the whole of the political and social life of the country as well as to persecute perpetrators of crimes against the state, with particular focus on persons suspected of acts of subversion. Between the wars the political police underwent a complex reorganization four times each time under a different name: Defensywa Polityczna, Służba Informacyjna, Policja Poli-tyczna i Służba Śledcza (respectively: Political Defence, Information Service, Political Police, and Investigation Service) and with specialised units for fight with various forms of political crime. Illegal political activity, form the point of view of law then, was divided into activity against the state and espionage for other countries. Until 1926 political service in lubelskie voivodship conducted full operational observation of factions and political movements of communist character, of ethnic minorities, and of radical peasant activists. Political movements of bourgeois character were not of interest to political counterintelligence, still they were under discreet operational observation. After the May Coup in Poland, interest of the political police, apart from communists and national minorities, was extended also to the whole legal opposition against the government. Political police in lubelskie voivodship was occupied with revealing social tensions, antigovernment moods, subversive actions, and actions against the state (in particular those by communists and nationalists form national minorities), observation of legal political formations and parties, but also of trade unions and members of parliament. Until 1934 the police statistics included, for example, high treason, rebellion and resistance against the government, desertion, and other crimes against military power and the state. After 1934 the police statistics included high treason (articles 93, 94, 95, 96, 97, 98 of contemporary criminal code), insult to the government or its institution (art. 125, 127), individual and group resistance (art. 129, 131, and 169 in relation to art. 129), insult and assault of an official (art. 132, 133, and para. 4 of art. 256), insult to the nation and the state (art. 152, 153), incitement to crime (art. 154, 155, 156, 157, 158), incitement to crime (art. 165 – 167), riots (art. 163, 163). “Incitement to crime” in lubelskie voivodship was carried out mainly by offenders’ by “dis-playing flags and banners” of anti-state and subversive content (26,5 % of national overall) and “spreading communist pamphlets and appeals” (16,5%). Such acts as “high treason” (7,9%), “insult to the government or its institution” (6,9%), “group resistance” (11%) were above national average.
Źródło:
Archiwum Kryminologii; 2012, XXXIV; 603-627
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Oszustwo asekuracyjne (art. 298 k.k.) w praktyce wymiaru sprawiedliwości
Insurance fraud (article 298 Penal Code) in judiciary practice
Autorzy:
Buczkowski, Konrad
Powiązania:
https://bibliotekanauki.pl/articles/698549.pdf
Data publikacji:
2013
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
oszustwo asekuracyjne
przestępczość gospodarcza
przestępczość ubezpieczeniowa
polityka kryminalna
insurance fraud
Opis:
The insurance market is the area of business where fraud is attempted most frequently. Most painful to insurers are undue claims filed for damages under insurance contracts. Insurance related crimes are socially accepted, hence not condemned within a community. Despite their considerably harmful social potential, they are not sufficiently prosecuted, which partly stems from the conduct of insurance companies, who – in consideration of their positive image – are not eager to admit that they have fallen victims to fraud. This article presents a broad analysis of statistical data on the crime under Article 298 of the Penal Code and presents results of research on pretrial proceedings and cases concluding with court verdict ruling against the perpetrator of an insurance fraud. An analysis of the statistical data showed a significant decrease (since 2007) in the number of proceedings instigated under Article 298 Penal Code. The reason behind this phe-nomenon may be that this type of acts are classified as crime under Article 286 Penal Code, i.e. 'classic' fraud. Generally speaking, proceedings instigated under Article 298 Penal Code have accounted for a very low percentage of all proceedings over the entire decade – 0.02%. The aim of the criminological research presented in the article was to show the practical side of protecting the insurance market against fraudulent conduct of insured parties; also to attempt to find out if the penal regulation is appropriate, if prosecution under Article 298 Penal Code is correct, and finally, if any changes: be them legislative, to prosecution or penal policies, are necessary to provide effective protection for the insurance industry. In the file research conducted, the key assumption was to cover a possibly largest group of events defined as insurance fraud. In stage 1 of the research, the proceedings included all those conducted between 1995 – 2003 under Article 4 of the Trade Protection Act of 12.10.1994 and under Article 298 Penal Code (the Penal Code, as of the day of its enforce-ment, i.e. 1st Sept. 1998, invalidated the relevant provision of the aforesaid Act). As stage 2, court proceedings conducted in 2008 were examined, i.e. five years after completion of the core stage of the research. The aim of stage 2 analysis was to compare and define changes in insurance fraud prosecution policies and manners in which the fraud was committed. The results show that the prospects for rendering the provisions of Article 298 Penal Code useful in providing a penal framework in the Polish law system for dealing with 'specialised' crimes, aiming at protection of the insurance industry, have proven unrealistic. The regulations concerning the offence in question did not become the main tool for countering undue claims of property insurance, including vehicle insurance.
Źródło:
Archiwum Kryminologii; 2013, XXXV; 213-246
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępczość o charakterze terrorystycznym w Rosji-wprowadzenie do problematyki
Terrorist crime in Russia-introduction to the problem
Autorzy:
Laskowska, Katarzyna
Powiązania:
https://bibliotekanauki.pl/articles/698945.pdf
Data publikacji:
2010
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
terroryzm
przestępczość zorganizowana
przestępczość w Rosji
crime in Russia
terrorism
Opis:
The publication depicts the phenomenon of terrorist crime in Russia, both in legal and criminological approach. It attempts to define the phenomenon and, subsequently, defines the scope of criminalised acts and the manner of penalisation thereof under Russian law. Consequently the phenomenon, aetiology and prevention are analysed. Such an approach allowed to present the tendencies and threats resulting from this category of crime. Analyses have been aiming at conclusion what are the needs and directions of preventing this phenomenon in Russia. Analyses allowed to establish that the following offences should be deemed terrorist ones: act of terror (article 205), support for terrorist activities (article 2051), public incitement of terrorist activity or public justification of terrorism (article 2052 ), taking a hostage (article 206), organisation of illegal armed unit or taking part in such (article 208), hijacking of an aircraft, a vessel, or a train (article 211), attempt of assassination of public servant or social activist (article 277), seizure of power using violence, or exercise of power with the use of violence (article 275), armed uprising (article 279) public incitement of extremist activity (article 280) organisation of an extremist union (article 282) assault on people, or institutions which are under international protection (article 360). The analysis indicates that abovementioned acts of terrorism are, above all, a threat to public safety, legal government, and the foundations of constitutional order and state security, as well as peace and security of humankind. They have a criminal, political, and international character. They exhibit associations to organised crime and extremist crime. The study found that the reasons of their occurrence in Russia are deeply rooted in social, economic, and political problems. The weakness of the state and its structures, and the inability to solve problems, built up over decades, resulted in the development of the phenomenon which peaked between 1997 and 2004. During this period most false notices of terrorist acts were recorded, while crimes of organizing illegal armed units, and crimes of terror (terrorist acts) were also recorded but to a much less extent. The phenomenon has been undergoing changes for years and requires an appropriate response from the state. Therefore, apart from an improvement of anti-terrorism laws, the authorities should aim to reduce causes and factors which support the development of such crimes, especially to constantly monitor social situation in Russia, including the sources of tension. The authorities should also counteract fundamentalism, ease social tensions on nationality and religion grounds, and additionally control weapon trafficking, ensure adequate preparation of antiterrorist forces in terms of material, technical, and psychological basis.
Źródło:
Archiwum Kryminologii; 2010, XXXII; 379-402
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Nieletnie dziewczęta 10 lat później - badania katamnestyczne
Juvenile girls 10 years later – a catamnestic study
Autorzy:
Woźniakowska-Fajst, Dagmara
Powiązania:
https://bibliotekanauki.pl/articles/698989.pdf
Data publikacji:
2011
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość nieletnich
przestępczość dziewcząt
badania katamnestyczne
kariery kryminalne
juvenile girls
criminology
crime
Opis:
History of criminal studies dates back to the 1930s. However, since 1990s it has been going through a revival. Presently, it is called developmental criminology or life-course criminology. The object of the study was to trace further criminal histories of under-age girls who committed a punishable offence in 2000. Between 2003 and 2005, files of 873 under-age girls were examined . In 2010 it has been 10 years since the studied girls had a court trial. The youngest ones were 23, the oldest ones 27 – and adult women are most frequently sentenced between the age of 23 and 27. The first stage of the study was to apply to National Criminal Registry for information if the perpetrators of criminal deeds committed in 2000 broke the law within the next 10 years as adults, if they were sentenced, if so – how many times, and for what types of crimes. The second stage was to analyse the data from the Registry according to a questionnaire. The third stage was to compare the results with the data obtained previously in the study of the under-age: the crimes which had been committed as well as social and family backgrounds. Data concerning education, profession and work history are hardly present in the Reg-istry. The only information available is profession. It is impossible to obtain information how many sentenced women actually worked as adults. 7 of them (6%) declared “unemployed” so we know they were unemployed but it is unknown if they actually had any profession. Un-doubtedly more than a half of the sentenced women (52%) had no profession. Those who had a profession were cooks (9%), shop assistants (6%) and dressmakers (5%. Three persons (2,7%) were technicians (graduated from technical colleges) of economy and administration, sales, and environment protection. Most women (61%) were sentenced only once, 19 of them twice (17%). Two “record holders” were convicted 11 times during the 10 years. In the adult life, just like previously, most offences are against property. 39% are deeds of exclusively such nature, 23% are offences against property related to other types of offences (e.g. against life and health, safety in transport, documents or related to drug possession and trafficking). In total In total, 62% of crimes were against property. Second noticeable category of crimes (which was not committed by under-age girls) were crimes against transport safety (13,5%). Crimes against health and life were 13% of the overall number. Definitely more adult women than under-age girls commit crimes against document credibility (8%). There are also more punishable deeds related to drug production, trafficking and possession (7%). The study confirms legitimacy of risk factors known for a long time.
Źródło:
Archiwum Kryminologii; 2011, XXXIII; 163-195
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Młodociane prostytutki. Analiza procesu społecznego wykolejenia 100 dziewcząt
Young Prostitutes. An Analysis of Social Degradation in 100 Cases
Autorzy:
Jasińska, Magdalena
Powiązania:
https://bibliotekanauki.pl/articles/699278.pdf
Data publikacji:
1964
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
młodociani
prostytucja
przestępczość
juvenile
prostitution
delinquency
Opis:
This contribution provides an analysis of one of the forms of the social degradation of girls viz. prostitution, on the basis of an investigation which has comprized one hundred girls and young women, below twenty-five years of age, all of them living in Warsaw. The way in which the materials have been collected authorizes one to suppose that the latter is representative, in the sense that many features typical for the girls under investigation will also prove to be such with regard to other juvenile prostitutes in the milieu of a great city.   The prostitutes below twenty-five years of age constitute about forty per cent, of the total number of the women who practice prostitution, and who are known as such to the police. Even though, under the new social and economic conditions, the dimensions of prostitution in Poland are now incomparably smaller than they used to be in the pre-war period, yet the existence of that troublesome phenomenon fully justifies the need for scientific research, more particularly so where juveniles are concerned. Among the girls comprized by the investigation, forty per cent, were under eighteen years of age, another forty per cent. - between nineteen and twenty-one years, and twenty per cent. - from twenty-two to twenty- -five years of age. During the investigation it appeared that the majority of the youngest girls (those under eighteen) could not be described as prostitutes in the strict sense of the term, in spite of their way of life and their behaviour which made them resemble prostitutes. The behaviour of such girls exhibited a number of symptoms of social deviation, in particular early begun and frequent sexual intercourse with various partners, strolling about at night time, spending time in the environment of social wrecks and outcasts, abusing of alcoholic drink, etc. The interviewing of eighty-two of the prostitutes was, as a rule, carried out at the police stations in various districts of Warsaw, and, moreover, later on also in the private homes of the investigators, at the domicile of the interviewed, etc. Part of the girls were interviewed in a women's jail. In every single case environment interviews have been carried out. They took place at the family homes of the girls, or in the homes of those persons with whom they were brought up. Moreover, interviews have been carried out in the schools which the girls under investigation had attended, as well as at the place of work, if they had worked prior to practicing prostitution. The data concerning the prostitutes’ judicial record (whether punished or not) have been scrupulously checked. It has been found possible to comprize a mere one-third of the girls under investigation in psychological and medical examination, mostly those who were serving a term of imprisonment in jail. One year after the termination of the research follow-up studies were carried out in every single case, and again, after nearly two years, they were once more repeated. The latest follow-up studies obtained come from the year 1960. The fundamental difficulties which have made it impossible to carry out deeper psychological and psychopathological investigation were connected, first and foremost, with the place where such investigation was conducted, and have been the reason why the material was elaborated mostly from a sociological angle. It would seem, however, that taking into account, first and foremost, the sociological aspect was fully justified (and has proved to be fruitful), since an investigation of prostitutes carried out almost exclusively from a psychiatric angle fails to explain properly the process of such persons going to wreck socially.   The girls who practice prostitution could be classified into various categories of prostitutes. The classification of the girls investigated has been carried out in accordance with the terminology accepted in their environment and with a complex criterion imposed, as it were, by the girls themselves. Such elements as: clothing and outward appearance, the place of making contacts with men and of spending time with them, the method and forms of winning them over, and, finally, the amount of pay received are, in the opinion of the prostitutes themselves, a testimony of their belonging to such or such other circle. The two fundamental categories of persons who practice prostitution, singled out on the basis of the set of elements enumerated above are the so-called  “premises” and the “street” prostitutes. That division, however, is inadequate in a fundamental way, since it does not single out, from the total number of street prostitutes, that group of persons who, from the point of view of the general living standards of the women who practice prostitution, stand considerably lower than their remaining companions from the street. Because of the criterion accepted, therefore, the most adequate seems to be a threepartite division, comprizing the following categories: (“ A” ) premises prostitutes, (“ B” ) higher-class street prostitutes, and (“C” ) - lower-class street prostitutes. The above division of the persons investigated has greatly helped to notice the various aspects of the complicated problem of prostitution. In the course of the investigation it has appeared that the stereotyped notion of “ prostitute in general” ought to undergo revision. The differences which divide from each other the prostitutes of the several categories are so great, beginning with the origin of the process of their social derailment and ending with their present-day way of life, that it is really hardly possible to speak of the type of the average prostitute. It would seem that the above problem had so far been underestimated in the research on prostitution.   The social environment, from which the girls under investigation hailed, was divided according to the following groups: working-class, peasant, lumpen-proletariat, educated and the so-called “ miscellaneous” . 51 per cent, of the girls come from working-class families (in the broad sense of the word), while only one-third of their parents were skilled workers, while another one-third were manual workers without any training, employed as porters, janitors, coachmen, cleaners, etc. A relatively small group of girls hailed from the country (18 per cent.). Their parents were agricultural labourers or small-holding peasants. The third group of girls were the daughters of representatives of the lumpen-proletariat (lowest, socially degraded stratum of the proletariat). 12 per cent, of the girls hailed from an environment of that type. The fourth group of the girls investigated hailed from environments described as “miscellaneous” . Here we have included those girls, whose parents worked at trades widely differing from one another (e. g. hairdresser and typist, waiter and factory girl, etc.), while the type of home environment itself did not present any close analogies with those previously enumerated. Altogether 14 per cent, of the population investigated belong to that group. The fifth type of environment distinguished by us in this material is the intelligentsia. 5 per cent, of the girls hailed from intelligentsia families. The data concerning the level of education of the parents of the prostitutes under investigation, and the economic situation of the family environment look as follows: In the working-class families the parents or guardians of more than one-half of the total number of the girls had barely gone through a few classes of the elementary school, or even are illiterate. The economic situation of the working-class families under investigation does not present any uniform picture: one-half of the families live in middling material conditions, another half - in bad ones. In the lumpen-proletariat families the level of the parents’ education presents a critical picture. Not a single one of all the parents has finished elementary school. They live mostly in distant suburbs, in one-room dwellings, under poor hygienic conditions. Their material situation is bad.   In the peasant families, from which the girls under investigation hail, the level of the education of the parents is similarly low. The financial conditions of such families exhibit considerable divergencies, from bad ones in several families burdened with a great number of children, right up to a prosperity which enabled them to maintain and educate their children in town. The intelligentsia families from which some of the girls hail are characterized by a favourable financial and housing situation. The girls’ parents have a secondary, or even a higher, education. In the family environments described as “miscellaneous” considerable differences as to the education level of the parents make their appearance. The financial situation of such families is moderately good or good. From the above data it results that 72 per cent, of the total number of parents are people who either did not have even an elementary education, or else were altogether illiterate, and that one-half of the total number of the girls under investigation were brought up in at least middling financial conditions, and another half - in poor conditions.   A characteristic feature, which makes its appearance with nearly all the categories of girls, is the m u l t i p l i c i t y o f e d u c a t i o n a l  e n v i r- o n m e n t s through which they went in the period of their childhood and early youth. The children who were brought up by one of the parents only, or else by a stepfather, stepmother or by strangers, changed their educational environment particularly frequently. Among the one hundred girls, who, it should be noted were selected at random for investigation, as many as forty-five were half-orphans, and fifteen - total orphans, while approximately thirty per cent, have live through a wrecking of their parents’ marriage.  Altogether as many as eighty-four per cent, of the girls have been deprived of a normal, full family, while only fifteen per cent, of their number ceased to be under the guardianship of both parents at the age of from fourteen to eighteen years, and all the remaining ones - below the age of fourteen.  Such facts to a large extent explain the changing destinies of the girls under investigation, as well as the multiplicity of the environments in which they were brought up (aproximately one-third of them spent at least a couple of years in State Homes for Children). Barely seventeen per cent, spent both their childhood and their youth in one single family home. The girls who had changed their ,,homes“ twice or three times account for forty-two per cent, of the total number, four or five times - for twenty-six per cent., from six to ten times - for fifteen per cent. The lack of a feeling of stability, the necessity of breaking emotional ties, changing authorities and requirements - all that exerted a powerful influence upon the mental development of those children. Being already adults they more than once expressed themselves on that subject with a grudge and a feeling of having been wronged. E d u c a t i o n a l c o n d i t i o n s assumed a most unfavorable outlook in the case of nearly the whole group of girls. One-third of the girls had made a direct experience of the consequences of living under the same roof with a habitual drunkard, while a total of two-thirds came into contact with various forms of intense alcoholism. Every fourth girl was brought up in a family where both parents or guardians abused of intoxicating drink. Other undesirable elements of the educational atmosphere, such as: frequent brawls and quarrels, a bad married life of the parents, their conjugal infidelity etc. made their appearance in the families of seventy per cent, of the girls under investigation. Bad relations between the children and their stepfather or stepmother appeared in nearly one-third of the families. A considerable group of the girls (approximately forty per cent.) had met, in the family home, with emotional coolness, indifference or hostility on the part of their stepmother, stepfather, father or mother. A lack of rational educational methods made their appearance with more than one-half of the family environments under investigation, while a general lack of guardianship and control over the children prevailed in three-fourths of the homes. In about one-half of such cases one could definitely speak of a convergence between the absorbing professional work of the mothers and the lack of care of the children (altogether seventy-two per cent, of the mothers worked for a living outside the family home).   A total absence of any single of the above-mentioned negative educational factors appears in a mere one per cent, of the families investigated. It should be emphasized that it was merely in five per cent, of the families that th‘e mothers also practiced prostitution (or else the female guardians of the girls did), while with another five per cent, of the cases there subsisted a suspicion of the mothers practicing prostitution. It has not been found possible to collect any more precise information concerning the parents’ criminal record; there can be no doubt, however, that at least twenty per cent, of the fathers and mothers had been prosecuted before the law-courts for various offences.   The data concerning the b r o t h e r s and s i s t e r s of the girls under investigation bear witness to the significant fact that, in two-thirds of the families, not only the prostitute investigated herself, but also at least one of her brothers or sisters betrayed certain symptoms of having gone to wreck socially. There were cases of hooliganism (twenty-five per cent.), of criminality (thirty-four per cent.), of far-gone alcoholism (twenty-two per cent.), of prostitution (seventeen per cent.). Moreover, several of the sisters of the girls under investigation led a sexual life fairly approximating prostitution (thirteen per cent). In a number of families such phenomena made their appearance concurrently. It has been found, moreover, that the process of social degradation of the girls’ brothers and sisters as a rule occurred in those cases, where there was a particular intensity of educationally undesirable elements in the family environment.   An application of the X2 test has made it possible to demonstrate whether and if so, in what cases, there exist bases for rejecting the hypothesis of the independence of the variables which characterize the environment of the girls under investigation, of the category of prostitutes. Such hypotheses have been checked on a level of significance amounting to 0.05. As a standard of the degree of dependence, Tchuprov’s coefficient of contingency T, has been accepted. Below are some of the significant statistical dependences which have been brought to light. The “premises” prostitutes (“ A" ) differ from the prostitutes of the remaining categories by their social origin: they come from working-class or peasant environment considerably more rarely than do the remaining girls. Illiteracy among the parents of the “premises” prostitutes makes its appearance considerably more rarely then is the case with the families of the other girls. The financial and housing conditions in which the girls belonging to this group have been brought up were considerably better than in the case of the remaining persons. The “premises” prostitutes more rarely changed their educational environment, and remained for a longer time among their complete families. On the other hand, they came much more frequently than the remaining prostitutes into contact with such a destructive factor as a bad married life of the parents, and with that specific atmosphere of the family home, in the formation of which an essential role was played by the matrimonial infidelity of the parents. A peasant social origin distinguishes in a characteristic way the group of street prostitutes of the lower class (“C” ) out of all the other prostitutes. The percentage of illiterates among their Barents is the highest. The girls who had found their way into that circle of prostitutes had been brought up in financial conditions worse than those of the remaining persons. They were also deprived at an earlier date of guardianship of both parents. It is also in the group that the percentage of entire orphans is the highest. The higher-class street prostitutes (“B”) more frequently than the others girls investigated hailed from working-class families domiciled in Warsaw. As distinguished form the group “C” prostitutes, the majority of whom had spent their childhood in critical finacial conditions, as well as from the “premises” prostitutes, a large number of whom had a good situation in this respect, the ,,higher-class“ street prostitutes were brought up in average, middling material conditions.   The data concerning the e d u c a t i o n o f t h e p r o s t i t u t e s under investigation present a picture fairly unfavourable for the total of the population investigated. Fifty-one per cent, of them have not completed their elementary education, while a mere three per cent, have a secondary education. As many as eighty-six per cent, of the girls have interrupted their training, either at the elementary, or at the secondary school. The girls who stayed on in the same form for a second or a third year broke away from school with particular ease. Fifty-five per cent, of the girls under investigation repeated one or several forms. That was mainly caused by two factors: considerable pedagogical neglect, the lack of any assistance or even control on the part of the girls’ parents, and the low level of intelligence with a great many of the investigated. The abandoning of school prior to finishing it was of the significant statistical dependences which have been moreover more than once caused by difficult general conditions  whether family of personal, in which many of the girls found themselves (deportarian to Germany during the war, the absolute necessity of taking care of younger brothers and sisters, etc.). In so far as the educational difficulties which the prostitutes under investigation caused in the period of their childhood are concerned, it must be stated that, out of the eighty-five girls about whom it has been possible to collect more detailed data, more than one-half (forty-five) were considered to be “ difficult” children. In the anamneses their own mothers describe some of them as being impatient, prone to outbursts of anger, aggressive, others again - as restless, of unequal disposition, excessively excitable, over-active, nervous, while others still were described as apathetic, lazy, passive, unwilling to undertake even the smallest effort.    Part of the girls under investigation can undoubtedly be classified as psychopaths, neurotics and persons with encephalopathy symptoms. Over and above this, seventeen per cent, of them were cases of mental deficiency (morons). Altogether, fifty-three per cent, of the prostitutes under investigation exhibited, in their childhood, obvious personality disorders and pathological traits. Concerning the girls who did not pass for particularly difficult at the time of their childhood and who did not distinguish themselves, in an unfavourable sense, against the background of their co-equals, brothers and sisters, many mothers yet asserted that they were characterized by frivolity, a lack of perseverance, as well as a considerable susceptibility to the influence of the environment. The question of whether, within this group of girls, persons with features of e. g. a psychopathy of the type of life instability were represented in any numerical strength or not, cannot be decided, because of the lack of adequately precise data. It should be remarked, moreover, that twenty-seven per cent, of the investigated, even though they did not exhibit features of mental deficiency yet were at an intelligence level below average.   The initial symptoms of the process of social degradation made their appearance with twenty-one per cent, of the investigated - prior to their completing their thirteenth year of age, with thirty- height per cent. - between the fourteenth and fifteenth year of age, with forty-one per cent. - in their sixteenth year of age or later. Approximately three-fourths of the investigated ran away from home. Such flights were mainly caused by: fear of punishment, not feeling well at home, revolt because of having been placed, against their will, in an educational institution or with strange people, etc. Thefts, during that initial stage of demoralization, were committed by eighteen per cent, of the girls, whereas theft as a phenomenon isolated from other symptoms of the girl’s degradation rarely made its appearance (a mere eight per cent, of the cases), unless we also take into consideration sporadic petty thefts in the family home or at school, which were committed by twenty per cent, of the investigated. A characteristic feature is the participation of the girls under investigation in three types of groups of seriously demoralized young people: hooligan (thirty-one per cent, of the girls), hooligan-and-thieving (twelve per cent of the girls), and the so-called “ premises group” (twenty-five per cent, of the girls). The circles of young people who frequented a luna-park (entertainment park) or such similar place, in which many of the girls investigated spent their time, were easily transformed into groups of a more or less hooligan character. The presence, there, of individuals who had gone through a certain “ period of training” in a hooligan gang, and acquaintance with the “merits” of intoxicating drink particularly favoured such a change. Cases of coming forward, in an aggressive manner, against their environment, which at first has been sporadic, fairly rapidly became a habit and a permanent element in the life of the group. One of the principal attractions of the life within such a group was frequent sexual intercourse between boys and girls. The joining of hooligan-and-thieving groups by the girls frequently followed a course approximating that described above. Such groups, because of their very character, were, as a rule, better organized and more compact. Usually, they also had at their disposal their own accommodation - a “ dive” (thieves’ den). Part of the girls under investigation joined the life of groups of young people of yet another sort, namely so-called premises groups. The fact of frequently staying away from home in search of company and entertainment in cafés, dancing resorts, etc. was, in many instances, connected, in some manner or other, with the fact that the girls investigated did not feel well at home, in an atmosphere of family quarrels, of a very bad married life of the parents, of their conjugal unfaithfulness, etc. What has also contributed to their joining the circles of young people who spent their time in entertainment premises were, moreover, various other personal experiences of the investigated, and, among others, their first and unsatisfactory sexual experience, which brought about an early awakening of erotical desire and the search for ever new partners. Sexual promiscuity unconnected, in a special way, with the girl belonging to any comradeship group made its appearance in eighteen per cent, of the cases. It should be noted, however, that approximately one-half of those girls did not start their sexual experiences out of their own free will, but had been raped by adult men. All such girls began, after the above happening, to run away from home and to go in for an intense sex life.   Out of the seventy-six g i r l s w h o h a d b e e n w o r k i n g for their livelihood prior to their beginning to practice prostitution, eighty-three per cent, had gone to work before the eighteenth year of their lives, including one-half who did so before they had completed sixteen years of age. The work which such girls had been able to get was, in an overwhelming majority of the cases, very poorly remunerated and mostly very unattractive, owing to the girls’ young age, their lack of education and qualifications. Sixty-one per cent, of their jobs was accounted for by manual work (factory worker, agricultural labourer, errand-girl, domestic servant, etc.), twenty per cent. - by half-manual jobs (shop assistant, conductress, waitress, etc.). The girls under investigation fairly frequently changed their place of work: on an average every one of them had worked 3.7 times. A factor which favoured that lack of stabilization in their trade was, first and foremost, the process of their social degradation, mostly already begun during that period, and, in particular, their connections with groups of seriously demoralized young people. A dishonest attitude to work, the missing of workdays, petty thefts at the place of work, etc. have caused twenty per cent, of the investigated to receive reprimands, while disciplinary action had been taken against as many as forty per cent., and another ten per cent, were prosecuted . before the law-courts by their place of work. It has been found possible to establish, by means of the x2 test, further differences between the several categories of the girls under investigation, other than those discussed previously (under item 7). The dependence between the level of education and the fact of the subsequent finding their way into the several categories of prostitutes has proved to be significant. The girls from the group of lower-class street prostitutes (“C”) have the poorest level of education, the ‘‘premises” prostitutes (“A” - the highest).  Then, when checking in turn the hypotheses of a possible lack of dependence between the girls’ intellectual level and their belonging to this or that category, it was found possible to establish the following fact: persons intellectually below an average level could be met with, relatively most frequently, among the group (“C” ) prostitutes; relatively most rarely among those of group (“A”). The considerable pre-dominance of persons with an intellectual level below average (seventy-one per cent.) among the prostitutes of that lowest category, and of persons with a normal intellectual level among the “ premises” girls (seventy-seven per cent.) have caused the dependence between the variables enumerated to be particularly striking. This confirms the observation made in the course of the investigation, that the problem of a low intellectual level has played a role in the process of the degradation of but certain categories of prostitutes. The test of significance has, moreover, made probable the existence of a clear connection between the age of the investigated and the initial symptoms of the process of degradation, discussed previously, as well as between such symptoms and the fact of the girls belonging to the several categories of prostitutes. Thus e.g. flights from home and petty thefts, committed individually, most frequently made their appearance among very young girls (before their fourteenth year of age); participation in hooligan and hooligan-and-thieving groups has proved to be characteristic of those girls, who in time became street prostitutes, while participation in a group of young people frequenting some place of entertainment - of those girls, who were subsequently to become “ premises” prostitutes.   The girls under investigation started their s e x u a l l i f e relatively early. Nearly one-half (forty-four per cent.) of them experienced their first sexual intercourse before they had completed their sixteenth year of age, and another group, equally numerous - between their seventeenth and their eighteenth years of age. Their first partner was mostly the boy with whom they “ went out” , or else a comrade from the group. Such first sexual experiences were, generally speaking, rapidly followed by others, with other partners. Questions which form part of the domain of sexuology were extremely difficult to establish under the conditions under which the investigation was carried out. It was barely in approximately one-half of the cases that it proved possible to obtain data concerning the sexual experiences of the girls under investigation, concerning the period when they were practising prostitution.   The group of entirely frigid girls was represented by approximately thirty per cent, of the total number. Nearly one-half (forty-six per cent.) consisted of girls, who had average sexual experiences with those men, with whom they were emotionally bound, and, moreover, they occasionally experienced a satisfaction of their sexual drive even with chance “ customers” who appealed to them. The remaining girls (twenty-four per cent.) only achieved satisfaction in sexual intercourse, when their partner was a man for whom they had some feeling.   The data concerning the beginnings of prostitution with the girls investigated looked as follows. Those girls who spent a lot of their time in groups of young people in cafés, places of entertainment, etc. generally speaking reached prostitution within a very short time. The influence of intoxicating drink, the example and persuasion of girl-friends already demoralized, numerous offers on the part of the men who spent a lot of their time in such places, and such-like factors created circumstances which favoured the taking up of the profession of prostitute. A most essential factor, moreover, consisted in the large sums of money frequently offered and given to the girls by men (such sums oftentimes amounted to the equivalent of one half of the girl’s monthly wages at her place of work). The girls who were members of hooligan groups, as a rule already seriously demoralized, not working, having no money of their own, usually easily found the way into a prostitutes’ environment, yielding to the example of girl-friends, who had been prostitutes previously. The girls who belonged to thieves’ groups began to practise prostitution in the hope of convenient and easy theft or else became prostitutes upon the demand of the group. Their appointed task was to provide convenient opportunities for the members of the gang to steal from their “customers”.    A certain part of the girls under investigation (fourteen per cent.) who did not have the support of a family home, taken from among those girls who had been prosecuted before the courts (principally ‘for theft) after completing their seventeenth year of age, found their way to a prostitutes’ environment only after having left prison, as a result of the example and persuasion of their fellow-prisoners. Thirteen per cent, of the girls began to practise prostitution because of having established contacts with either a procuress or a souteneur. The fact should be emphasized that, in the course of their practising prostitution, as many as approximately thirty per cent, of the girls investigated were bound up with souteneurs.   The data concerning the under investigation, when c r i m i n a l i t y o f t h e p r o s t i t u t e s we take into consideration both the period preceding prostitution and the period of actually practising it, look as follows: Prior to their practising prostitution the criminality of the investigated was mostly limited to hooligan acts and to thefts. No criminal offences, not even any petty home or school thefts, were committed at that time by forty per cent, of the girls. During the period of their practising prostitution (the average duration of that period amounted to 5.4 years) as many as eighty-four per cent, of the investigated committed criminal offences. The latter were mainly offences against property and offences against the public peace (resistance to the police, brawls and scuffles when under the influence of drink, etc.). Offences against the public peace were committed by approximately sixty per cent, of the investigated. Offences against property (which as a rule consisted of thefts) were commiteed by seventy-six per cent, of the total number of girls investigated. The thefts mostly consisted in taking from a drunken “customer” his money or his watch. Thefts accompanied by the use of violence or robberies (eleven cases in all) were committed by the girls investigated always along with men, who organized such operations. Barely one-fifth of the girls never saw the inside of a prison. The rest served various terms of imprisonment and were detained under preventive arrest pending inquest mostly more often than once (most frequently from twice to five times). The majority of the criminal offences committed by the prostitutes investigated were connected with their practising their profession, and, first and foremost, with the environment in which such girls stayed and to which they accommodated themselves. Contrary to numerous opinions formerly expressed in the literature of the subject, we may now include thefts in the number of criminal offences more particularly bound up with prostitution.   On the basis of the %2 test an obvious dependence has been found to exist between the “road” which had led them to prostitution, and the category of prostitutes. The higher-class street prostitutes (“B” ) significantly more often than the persons belonging to the other groups became prostitutes direct through their participation in hooligan-and-thieving groups. Among the lower-class street prostitutes (“C”) relatively the largest number began to practise prostitution after having come out of prison. That fact is closely connected with their homelessness, by which they significantly differ from the other girls investigated. The typical “road” of arriving at prostitution in the case of the premises girls was their previous participation in circles of young people who frequented places of entertainment.  During the period when they practised prostitution the street girls committed offences against public peace considerably more frequently than did the premises girls. The test of significance has brought to light the fact, that there did not, however, exist any dependence between the lesser or greater intensity of offences against property and the fact of a girl belonging to this or that definite category of prostitutes. This is true, first and foremost, of theft, which has become one of the - elements of a prostitute's “profession”.    17 . The follow-up studies comprize the period of merely two years from the moment of the termination of research work, and this is precisely the reason why the data concerning the further destinies of the girls under investigation have, of necessity, but a limited scope. The age of the prostitutes under investigation at the time of the carrying out of such follow-up studies mostly amounted to from twenty-two to twenty-five years, and the average length of the period during which they had been practising prostitution - to 5.4 years. The breaks in the practising of prostitution, whether of longer or shorter duration, which took place in thirty per cent, of the cases, were principally brought about by the girl in question tying her life to some one man, who frequently was e.g. the girl’s previous “customer” . But unions of that type were not distinguished by their lasting character. Twenty-eight (i.e. thirty-four per cent.) of the prostitutes under investigation got married. The marriages of thirteen of their number took a favourable course: those women altogether broke away from their previous way of life. The marriages of ten of them have proved unsuccessful, and, after becoming separated from their husbands, those women once more began to practise prostitution. Five of the prostitutes have married thieves and souteneurs, and still continue to ply their trade. Out of the whole number of the remaining girls under investigation who were not married, a mere five have undertaken systematic work for a livelihood and have broken away from prostitution. Thus only twenty-two per cent, of the juvenile prostitutes investigated abandoned prostitution during either the period of the research, or else during that of the follow-up studies (together amounting to from four to five years). What is emphasized, first and foremost, in the c o n c l u s i o n of the contribution, is the fact that the process which leads a girl to prostitution is one of long duration. It grows out on the substratum of an abnormally functioning family and of personality disorders with such girls, whereas there exist, as early as during the period of their minority, clear and obvious harbingers of the beginning and increasing process of social degradation, in the form of a whole number of symptoms (such as e.g. their playing truant from school, running away from the family home, early begun and frequently repeated sexual intercourse with varying partners, spending time in the environment of socially degraded young people, the abusing of intoxicating drink, and the like). The laying hold, at an early date, of such and such like symptoms of general demoralization, and a proper interference at the suitable time could, in all probability, have prevented the later appearance of the phenomenon of prostitution among those girls.
Źródło:
Archiwum Kryminologii; 1964, II; 145-250
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Odpowiedzialność nieletnich za czyny z art. 10 § 2 k.k. przed sądem rodzinnym i przed sądem karnym
Analysis of proceedings in criminal courts and in juvenile courts in selected cases of criminal deeds committed by perpetrators between15 and17 years
Autorzy:
Czarnecka-Dzialuk, Beata
Drapała, Katarzyna
Więcek-Durańska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699015.pdf
Data publikacji:
2012
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość nieletnich
polityka sądów rodzinnych
polityka kryminalna
poważna przestępczość nieletnich
juvenile perpetrators
criminal court
demoralized
Opis:
The article describes results of research made in Instytut Wymiaru Sprawiedliwości (Institute of Justice) which aimed to specify factors and circumstances influencing tougher penalties for wrongful deeds committed by persons between 15 and 16 years old and to draft a profile of juvenile perpetrators of most dangerous criminal deeds. 292 cases were analysed, of which 71 in criminal courts and 221 in family courts . Cases concerned wrongful deeds under article 10 paragraph 3 of criminal code as of 2004-2008. 375 juvenile perpetrators were studied, of which 134 cases were judged in care and education proceedings, 114 cases in correctional proceedings, and 82 juvenile delinquents were tried in a criminal court. The file research questionnaire included seven parts to examine: the wrongful deed and circumstances of its commitment, characteristics of the juvenile delinquent, information about the injured persons, the course of the preparatory proceedings, proceedings before the court, and the sentenced measures and appeal against them. Information obtained from the research allowed for numerous conclusions. Most of all, it allowed to evaluate the practice of sentencing in cases of juvenile perpetrators of most serious crimes, in particular to evaluate the possibility to sentence the juvenile delinquent under article 10 paragraph 2 of the criminal code. In general, this evaluation is positive. It also appeared that the policy of exceptional penal measures for under age persons has remained the same in the recent years. The cases are not numerous, just as they were not in the past, which supports the idea that possibility of bringing juvenile delinquents to the criminal court is used rather cautiously and as an exception to the rule, in cases of the most drastic character and committed by more demoralized young persons who committed crimes under influence of alcohol, used violence, and dangerous tools. The juvenile who were tried in criminal courts, more often than ones who were tried in family courts, cooperated with adults and acted to the detriment of adults (they caused death of the victim in one fifth of cases ). More of them had been tried in family courts, and educational or correctional measures had failed. In 95% of the cases tried in crim-inal courts the researchers were convinced of the rightness of such method of treatment, and only in few cases tried in family courts there were doubts if not using the article 10 paragraph 2 of criminal code was right because of definitely negative prediction and serious character of the wrongful deed. Assessment if decision was right was difficult as information in the court files were laconic and sporadically even lacked sufficient personal information – particularly in cases qualified for care and education proceedings.
Źródło:
Archiwum Kryminologii; 2012, XXXIV; 275-365
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Płeć a przestępczość. O problemie dysproporcji płci wśród sprawców przestępstw z użyciem przemocy
Gender and crime. On unequal distribution of sexes in violent offending
Autorzy:
Grzyb, Magdalena
Habzda-Siwek, Ewa
Powiązania:
https://bibliotekanauki.pl/articles/698557.pdf
Data publikacji:
2013
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przemoc a płeć
kryminologia feministyczna
przestępczość z użyciem przemocy
przestępczość kobiet
gender
crime
violent offending
Opis:
Gender gap in crime, that is the claim that women tend to commit less crimes than men, has been the subject of criminological research for years. The gender gap is found throughout the world, not excluding Poland. Scholars dealing with the issue mainly focus on two aspects of the problem. First, they try to find out why women commit fewer crimes than men, which means the very gender gap is their key concern. Second, they try to clarify and interpret any potential changes in this disproportion observed over time; in particular this relates to the narrowing of the gap that can be noted in the official statistics (especially in the US) over the last decades. Based on publicly available police statistics for the years 1992 – 2011 on persons suspected of: murder (Article 148 Penal Code), bodily injury or harm to the bodily functions or severe health disturbance (Articles 156 and 157 Penal Code), brawling or assault (Articles 158 and 159 Penal Code) and the so-called aggravated crimes (Articles 280, 281 and 282 Penal Code), the authors decided to identify the size of the gap between offending men and women involved in chosen violent crimes in Poland and to check if the difference changes over time. The main focus was devoted to finding out if the gender gap in selected types of crimes in Poland is changing (narrowing), as it is the case in the western countries. Some results of previous research, conducted mostly in the US, show that the disproportion has been shrinking over the last several decades. Two hypotheses are offered by researches to explain the trend. The first one, referred to as the Behaviour Change Hypothesis emphasises the fact that over the last few decades women have become more socially active and they are becoming more similar to men in their behaviour, which leads to increased readiness to display aggressive behaviours, and this is reflected in criminal records. The hypothesis could illustrate the actual changes in women behaviour and evolution of gender roles. According to the other hypothesis, the Policy Change Hypothesis, the observed change does not stem from the fact that male behaviour patterns are adopted by women, but can rather from the changing percep-tion of violence and greater pressure on law enforcement bodies to prosecute every, even the most minuscule acts of violence, regardless of the age or sex of the perpetrator. The analysis of data on Poland was preceded with a short review of the contemporary criminological concepts concerning gender and offending, with the aim to investigate their potential in explaining the qualitative and quantitative differences in criminal activity of men and women. The authors devoted special attention to: the T. Hirschi's control theory, J. Ha-gan's theory of control-power, the general strain theory by R. Agnew (including the concept of L. Broidy and R.
Źródło:
Archiwum Kryminologii; 2013, XXXV; 95-135
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Atypowe przypadki korupcji w oceNach sądów i prokuratur na przykładzie przestępstw z art. 228 i 229 k.k.
Atypical bribery cases in the opinion of courts and prosecutor offices as illustarted with examples of crimes commited under articles 228 i 229 Penal
Autorzy:
Bachmat, Paweł
Powiązania:
https://bibliotekanauki.pl/articles/698547.pdf
Data publikacji:
2013
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
korupcja
polityka karna
reakcja na przestępczość
bribery
Opis:
The article presents results of file research invovling an analysis of the manner in which court and prosecution applied law in resolving atypical cases of bribery. The subject of the said research were atypical cases of bribery involving crimes under Article 228 and Article 229 of the Penal Code perpetrated by persons performing public functions. The cases discussed followed a number of varied scenarios which, in general, consisted in accepting or granting material or personal benefit or a promise of such in connection with the perpetrator's official capicity. Hence the conduct of the perpetrator did formally fulfil the definition of the crime defined in Articles 228 and 229 Penal Code. However, since some specific circumstances took place, such as a statutory body's decision or penal jurisprudence, the perpetrated act should not render the perpetrator liable to prosecution. It was found that, when classifying atypical acts of corruption, judicial authorities made some effort to employ lenient penal-legal assessment of the perpetrator's conduct, but they often did so with insufficient diligence and by implementing inappropriate provisions of the penal law. The atypical bribery cases included circumstances in which physicians misled their patients by suggesting they should purchase a highend endoprothesis or medicine produced abroad, on an allegedly free market outside the National Health Fund (NFZ) refunding system. The patients they did so, in spite of the fact that such recommendations have no substantiation in the public functions of a medical doctor. Physicians would then claim that they assumed the role of an intermediary between a patient and a foreign dealer or manufacturer. In practice, they used prothesis or medicines refunded by the National Health Fund (NFZ). Unaware of that fact, patients acted in error as to the circumstances, fulfilling the definition of an unlawful act (error facti), and in particular, the patients were not aware that the money they handed over was in fact a bribe granted in connection with official capacity of the physician. In consequence, the criminal procedure in such cases should either be closed by means of discontinuation or refusal to instigate under Article 17 § 1.2 Criminal Procedure Code subject to Article 28 § 1 Penal Code. Prosecution bodies, however, avoided such classification and in cases like that opted for exempting the informer - briber from the penalty (Article 229 § 6 Penal Code), which did not fully reflect the actual legal and formal circumstances of a misinformed patient's conduct. Especially disagreeable was the fact that the solution adopted by prosecution assumed such patients were guilty. It was established that the notion of customary gifts, widely accepted in penal law publications as lawful excuse, is in practice defunct. This does not mean that similar facts were never subject to criminal procedure.
Źródło:
Archiwum Kryminologii; 2013, XXXV; 247-282
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Punishing white-collar offenders. Theory and function
Karanie sprawców w “białych kołnierzykach”: Teoria i funkcja
Autorzy:
Uhl, Andrzej
Powiązania:
https://bibliotekanauki.pl/articles/1375354.pdf
Data publikacji:
2021-02-02
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
white-collar crime
punishment theory
sentencing rationales
just deserts
przestępczość
przestępczość gospodarcza
teoria kary
funkcje prawa karnego
sprawiedliwa odpłata
Opis:
The most prominent sentencing theories, also known as justifications for punishment, were developed long before white-collar crime entered mainstream criminology. Not surprisingly, the literature still focusses on the phenomenology of white-collar crime rather than on the issues of punishment. As a growing number of respectable offenders face criminal prosecution or even incarceration, the application of traditional sentencing rationales proves problematic in practical, ethical, and terminological terms. The article first explains how the debate on punishing upper-world offenders in Europe is inhibited by the offence-based nomenclature of economic crime or ‘collaring the crime, not the criminal’. Thereafter, a review and discussion of relevant English-language literature on the subject is offered, leaving open some questions as to its applicability to the Central-eastern European context. White-collar offenders were traditionally viewed as the perfect target for general deterrence, yet the body of evidence challenges this hypothesis. The theory of positive general prevention seems promising with regard to reinforcing business ethics and counteracting the spiral effect. It is hardly clear what the rehabilitation of middle-class convicts should mean in practice, while incapacitation is reinvented as business debarment and the loss of licences. There is often a glaring discrepancy between retributive and preventive ends in white-collar cases, which also features the political dimension of class inequalities in the criminal justice system. A short excursus provides insight into neoliberal criticisms of punishing white-collar offenders, revealing its unintentional similarities to penal abolitionism. Finally, empirical findings on subjects relevant to punishment theories, such as fair sentencing, public attitudes, and the effectiveness of deterrence, are reviewed with special attention given to Central and Eastern European research.
The most prominent sentencing theories, also known as justifications for punishment, were developed long before white-collar crime entered mainstream criminology. Not surprisingly, the literature still focusses on the phenomenology of white-collar crime rather than on the issues of punishment. As a growing number of respectable offenders face criminal prosecution or even incarceration, the application of traditional sentencing rationales proves problematic in practical, ethical, and terminological terms. The article first explains how the debate on punishing upper-world offenders in Europe is inhibited by the offence-based nomenclature of economic crime or ‘collaring the crime, not the criminal’. Thereafter, a review and discussion of relevant English-language literature on the subject is offered, leaving open some questions as to its applicability to the Central-eastern European context. White-collar offenders were traditionally viewed as the perfect target for general deterrence, yet the body of evidence challenges this hypothesis. The theory of positive general prevention seems promising with regard to reinforcing business ethics and counteracting the spiral effect. It is hardly clear what the rehabilitation of middle-class convicts should mean in practice, while incapacitation is reinvented as business debarment and the loss of licences. There is often a glaring discrepancy between retributive and preventive ends in white-collar cases, which also features the political dimension of class inequalities in the criminal justice system. A short excursus provides insight into neoliberal criticisms of punishing white-collar offenders, revealing its unintentional similarities to penal abolitionism. Finally, empirical findings on subjects relevant to punishment theories, such as fair sentencing, public attitudes, and the effectiveness of deterrence, are reviewed with special attention given to Central and Eastern European research. Najważniejsze teorie kary zostały sformułowane na długo zanim przestępczość "białych kołnierzyków" wkroczyła do kryminologii głównego nurtu. Literatura przedmiotu wciąż skupia się raczej na fenomenologii tego typu przestępczości niż na kwestiach karania. Przy wzrastającej liczbie skazanych lub nawet uwięzionych sprawców z klasy średniej i wyższej zastosowanie istniejących teorii kary napotyka na problemy natury praktycznej, etycznej i terminologicznej. Artykuł wyjaśnia, jak oparta na cechach czynu nomenklatura "przestępczości gospodarczej" utrudnia naukową dyskusję na temat karania "białych kołnierzyków". Następnie zaprezentowany jest przegląd prac anglosaskich i ich omówienie w kontekście środkowo- i wschodnioeuropejskim. Sprawców w "białych kołnierzyków" uważa się powszechnie za właściwych adresatów prewencyjnej funkcji kary, co jest jednak tylko częściowo potwierdzone w badaniach empirycznych. Teoria prewencji pozytywnej wydaje się z kolei obiecująca w aspekcie utwierdzania etycznych postaw w biznesie i przeciwdziałania efektom spiralnym. Pozostaje niejasne, co mogłaby oznaczać resocjalizacja "białych kołnierzyków", podczas gdy funkcja uniemożliwiająca spełniona jest przez środki w postaci zakazu prowadzenia działalności gospodarczej. Wymóg sprawiedliwości często koliduje z względami prewencji, co ma swój wymiar polityczny w postaci nierówności klasowych w systemie sprawiedliwości karnej. W krótkim ekskursie omówiona zostaje neoliberalna krytyka karania "białych kołnierzyków" - krytyka przywołująca w sposób niezamierzony argumenty zbliżone do postulatów abolicji penalnej. Przy szczególnym uwzględnieniem prac z Europy Środkowo-Wschodniej podsumowane są także wyniki badań empirycznych w obszarach istotnych z punktu widzenia wybranych teorii kary: spójności orzekanych kar, postaw społecznych czy skuteczności prewencji.
Źródło:
Archiwum Kryminologii; 2020, XLII/2; 27-47
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Kapitał społeczny a przestępczość
Social Capital and Crime
Autorzy:
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/698880.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość
kapitał społeczny
kryminologia
social capital
crime
criminology
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 113-118
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Uwarunkowania przestępczości nieletnich na obszarze województwa warmińsko-mazurskiego w świetle badań empirycznych
Determinants of juvenile delinquency in Warmian-Masurian voivodeship in the light of empirical studies
Autorzy:
Kotowska, Monika
Powiązania:
https://bibliotekanauki.pl/articles/698987.pdf
Data publikacji:
2011
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość nieletnich
uwarunkowania przestępczości nieletnich
juvenile deliquency
criminology
Opis:
This publication focuses on criminological analysis of juvenile delinquency. The issue has been the subject of thorough research – and heated discussions – for years, which proves how important an issue it is. Yet, the problem of juvenile delinquency so far remains unsolved. What is of particular concern is that the increased frequency of young people turning to pathological behaviours puts psychophysical development of society in danger. Criminological studies indicate that depraved young people many often become criminal adults. Importantly, there are no wider criminological studies illustrating juvenile delinquency in a specific area of Warmian-Masurian voivodeship. It is one of the poorest areas in Poland with the highest unemployment rates and the lowest rate of economic development. The eco-nomic transformation in 1990s involved closures of state-operated farms and restructuring of state-owned industrial plants and affected areas still have high levels of poverty, unemployment and crime. Passiveness of the so-called “post-state-operated-farming-communities” and their strong demanding attitudes towards the state are serious social problems today. They are also indicated to be the source of criminal behaviour, also in the youngest members of the communities. The main research intention of this paper was to obtain a criminological characteristic of juvenile delinquents. The research was also to explain the phenomenon of juvenile delinquency. The research employed an indirect observation method consisting in analyzing official documents, namely court files of such proceedings in which a punishable offence was committed by a minor. The investigation included four court districts in the voivodeship: in Olsztyn, Iława, Giżycko and Szczytno. The choice of the district was guided by the diversity of the urban and industrial development, population size, and unemployment rate of the areas. The sample areas are thought to be representative for the whole voivodeship and the results of the study can be deemed more general and translated into wider population.
Źródło:
Archiwum Kryminologii; 2011, XXXIII; 197-212
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępczość w II Rzeczpospolitej w świetle danych statystycznych
Crime in second Polish Republic in the light of statistical data
Autorzy:
Krajewski, Krzysztof
Powiązania:
https://bibliotekanauki.pl/articles/699005.pdf
Data publikacji:
2012
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość w II Rzeczpospolitej
statystyczna analiza przestępczości
crime
Opis:
After Poland regained independence in 1918, the system of crime statistics had to be organised from scratch and unified. At the same time, until new criminal code became effective, there were three criminal laws each of them with different scopes and forms of criminalization. Because of this in 1924 – 1934, crime statistics were based on classification drafted by the State Police Headquarters. Only since 1934 the statistics were base on the classification of the new criminal code. There was also a problem of separating statistical data concerning more serious crimes, defined by L. Radzinowicz as “true crime” from petty offences (which today are subject to Offences Code). As far as crime dynamics is concerned, the interwar period should be divided into three subperiods of 1924-1930, 1931-1934, and 1934-1938. In the first period crime intensity fluctuated yet with an overall increasing tendency. In 1931-1943 there was an explicit increase, particularly in 1931 and 1931. Reasons for this should be sought in the influence of the Great Depression. Since 1935 there was a decrease in reported crimes. In the last year of available statistics, that is 1938, crime level was 22,3% lower than in 1934. What draws one’s attention is the differences in reported crime levels before and after the war. Particularly, in the 1950s and 1960s crime levels were comparable to those in 1920s, that is before the Great Depression. It fell below this level only in 1970s, and in 1980s it increased again to the level comparable with 1920s. Reported crime levels throughout the period of communist Poland was however lower than in most of 1930s before the war. At the same time, it is clear that present crime levels are much higher than any of those in the interwar period. Data concerning intensity and dynamics of murders between 1924-1937 are particularly interesting. In 1920s number of murders increased similarly to increase of overall crime figures. After 1930 number of murders fluctuated only and its dynamics diverged from an explicit increase in overall crime. This fact made L. Radzinowicz conclude that the Great Depression – unlike it influenced crimes against property – did not influence violent crimes in an the same way. A decrease in violent crimes during an economic depression can be related, according to the author, with decreased alcohol consumption resulting from lower incomes of the population. There are many signs that murders are related to differences in the level of civilization, economic, and cultural life of particular parts of the country before the war and not to the economy cycle. What is interesting in the light of this is that the number of murders in post-war Poland never approached the number of crimes which were observed before the war. Dynamics of robbery was much different. Number of robberies in 1920s uninterruptedly decreased, and it increased since 1930s. But in comparison to the post-war period, robberies seem almost marginal.
Źródło:
Archiwum Kryminologii; 2012, XXXIV; 531-567
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Theoretical and empirical approaches towards a better understanding of corporate crime in Hungary
Autorzy:
Inzelt, Éva
Powiązania:
https://bibliotekanauki.pl/articles/962400.pdf
Data publikacji:
2019
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość białych kołnierzyków
przestępczość związana z działalnością przedsiębiorstw
definicje
badania ankietowe
Węgry
white-collar crime
corporate crime
definitions
surveys
Hungary
Opis:
Celem tekstu jest zebranie danych oraz sformułowanie z perspektywy Europy Środkowo-Wschodniej podstaw teoretycznych dla lepszego rozumienia przestępczości związanej z działalnością przedsiębiorstw (corporate crime). Artykuł ma za zadanie zgłębienie i wyjaśnienie złożonych relacji zachodzących między tego rodzaju przestępczością a funkcjonowaniem gospodarki rynkowej na Węgrzech. Przeanalizowane zostaną różne podejścia dotyczące definiowania przestępczości związanej z działalnością przedsiębiorstw oraz przestępczości białych kołnierzyków, przedstawiony zostanie także przegląd założeń teoretycznych dotyczących popełniania tego rodzaju czynów zabronionych. Tekst omawia generalną sytuację gospodarczą Węgier i na jej tle przedstawia dane obrazujące możliwy zakres przestępczości związanej z działalnością przedsiębiorstw na Węgrzech. W artykule prezentowane są także szczegółowe założenia i wytyczne dotyczące empirycznego badania tego rodzaju przestępczości.
The purpose of this study is to collect the relevant data and to formulate the theoretical background of corporate crime from a Central-Eastern European perspective. One of the main goals of the study is to explore and elucidate the complex interrelationships between corporate crime and the Hungarian market economy’s functioning. The different approaches for defining white-collar and corporate crime are summarised. An overview of the theoretical background of such crime is given. The general economic situation in Hungary is discussed, along with various available data, in order to examine the extent of corporate crime in Hungary. A detailed guideline for the empirical study of these crimes is also presented.
Źródło:
Archiwum Kryminologii; 2019, XLI/1; 31-64
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępczość 100 młodocianych recydywistów w okresie od 18 r. ż. do ukończenia 25-28 lat (wyniki badań katamnestycznych)
The delinquency of 100 recidivists during a period from the age of 18 to 25th-28th year of age (Results of the follow-up studies)
Autorzy:
Szelhaus, Stanisław
Powiązania:
https://bibliotekanauki.pl/articles/699320.pdf
Data publikacji:
1965
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
przestępczość
młodociany
recydywista
crimonology
delinquency
young
recidivist
Opis:
In the years 1957/1958 the Department of Criminology of the Polish Academy of Sciences carried out a research in prisons concerning 100 young-adult recidivists aged 17-20. Qualified for the research without any selection were prisoners of tłrat age, convicted by law courts at least twice after the completion of their 17th year of age (regardless of the kind of the offence committed), and serving their term in prison for at least the second time. Their residence in Warsaw or in the environs of Warsaw and their having at least one parent constituted additional criteria. No other information concerning these recidivists was available at the time they were qualified for the research and thus it was not known whether they committed any offences before the completion of their 17th year of age or whether they were tried by the courts at all.At the time of the research in prisons the average age of recidivists was about 20. 50 % of them were convicted twice after the completion of 17 years of age, 25 % were convicted three times and 23 % four times and more. A check in the Juvenile Court revealed. that 80 % of those recidivists underwent trials in Juvenile Courts for thefts as a rule before they completed 17 years of age. Moreover, 11 % of them repeatedly committed thefts as juveniles (under 17) for which they were not tried by the courts. At least 54 % out of 91 recidivists become delinquents under 13 years of age and only 12 % began cornmitting theft at the age of 15 and over. 44 % of recidivists stayed at correctional institutions (as a rule only at a time when they were 15-16 years old).Already during the investigation in prisons in the years 1957/1958, when the average age of recidivists was merely about 20, it was stated that 82 % of them were seriously demoralized. Their subsequent destinies were further investigated in the course of 6 years until the end of 1964. The average age of these 100 recidivists amounted recently to 26 years and six months. Below are presented data relating to their delinquency from the age of 17 to 25-28 years of age. That period comprises 8-11 years, on the average 10 years. 65 % stayed longer in prisons than on liberty, with 36 % staying in prison even longer than two thirds of that entire period. The average period of their staying on liberty between alternate arrests was up to 6 months for 48 % of recidivists, below a year for 80,5 %, and one year and a half and over for 5,4% only. On the average there are 8.3 proved offences for one recidivist (the number of offences for which they were convicted is actually much higher, as not all judicial records could have been examined; the register of the convicted persons does not contain competent information in this respect). Among 830 offences for which 100 recidivists were convicted the offences against property constituted 63 % (among them thefts – 83 %), offences against authonities 16 % (mostly against policemen), offences against the person 13 % and various other offences 8 %. 37 % of recidivists were convicted exclusively for offences against property, and with 27 % the convictions against property outnumbered those against authorities and against the person. 27 % were convicted for various offences with the preponderance of convictions for offences against authorities and against the person. 9 % of recidivists were convicted exclusively for offences against authorities and against the person.The most antisocial offenders, who as a rule since the completion of their 17th year stayed in prison longer than on liberty, for committing thefts for the most part, constitute 50 % among recidivists ąged 25-28. Only 13 % of recidivists can be considered resocialized. Since their last discharge from prison they have remained on liberty for at least 6 years. They work and lead a normal life, they do not abuse of alcohol often. Those 13 recidivists already in their youth displayed the lowest degree of demoralization, most of them were only twice convicted after the completion of 17 years of age and the average number of offences for which they were tried in courts was merely about 4.The inefficacy of imprisonment with regard to young-adult delinquents is dealt with in the final part of this work.During the period of about 10 years after the completion of 17 years of age, the recidivists were jointly sentenced to imprisonment in 466 cases. Imprisonment, not exceeding 6 months time, constituted 31 % of the total, below 1 year – 52 %, below one year and a half – 66 %, below 2 years – 73 % of the total.An analysis of the material shows that penalties inflicted on the now most antisocial recidivists do not differ from those inflicted on recidivists who have not committed any offences at all for the last six years.AIso there is no relationship whatever between the wight of penalty inflicted by the courts and the succession of convictions.The average penalty inflicted does not show any relationship to the rate of recidivism: as regards recidivists convicted three times only, the average penalty amounted to 16 months of prison, for six previous convictions to twelve months, for seven and more convictions - to 13 months of prison. The average penalty is then lower for the recurrent recidivists already convicted six and more times than for the offenders convicted only three times, despite the fact that the most antisocial recidivists, committing thefts for the most part, constitute 83 % of the offenders convicted six times and more.Moreover, the research has shown, that there is no significant relationship between the length of imprisonment and the length of the subsequent stay on liberty before a new arrest. Recidivists discharged after having served a six months term in prison were arrested again before the lapse of half a year in 44 % of cases; recidivists discharged after a term of three and more years, found thernselves in prison again before the lapse of half a year in 63 % of cases.Application of long-term imprisonment does not prevent further recidivism. It is necessary to apply special sanctions during the recidivists' minority and up to 21 years of age with the sole aim of their resocialisation.
Źródło:
Archiwum Kryminologii; 1965, III; 97-120
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Wyświetlanie 1-15 z 132

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