Temat: Victim - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Postrzeganie ofiary handlu kobietami w celu prostytucji przez funkcjonariuszy organów ścigania - wyniki badań ankietowych
The Perception of Victims of Trafficking Women for Prostitution by Law Enforcement Officials – Results from Research Surveys
Autorzy:: Koss-Goryszewska, Maryla
Powiązania:: https://bibliotekanauki.pl/articles/698616.pdf
Data publikacji:: 2015
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: ofiary
prostytucja
przemyt kobiet
victim
prostitution
trafficking women
Opis:: The subject of the following text was the image of victims of trafficking women for prostitution amongst police officers and border officers. For this purpose, surveyresearch was carried out on 114 officers from these units. Their results enabled anindication of how victims of trafficking women for prostitution are perceived amongst those surveyed. Law enforcement workers are a group that, because of the profession they do, maypotentially have the most frequent contact with human trafficking offenders. At thesame time, they are a part of society, so doubtlessly they are influenced by commonlyoccurring stereotypes and schemas. That is why it is essential to diagnose the methodsof perception of victims of human trafficking by law enforcement officers. The methodin which a victim of this crime is perceived may have a large significance, firstly for thesubjective treatment of aggrieved women, and secondly for prosecutors.The research results indicate that, in the opinion of the surveyed, victims arecharacterised above all as naive and submissive. Quite often, the respondents alsoindicated the aggrieved individuals had weak psyches, and were mindless and fearful.Excluding a few qualities characterising victims in a neutral manner, the vast majoritywere negatively coloured, putting the victim of human trafficking in a bad light. Theywere perceived as compliant, overly trusting, mentally weak and passive. On severaloccasions, answers appear in which victims were presented as greedy, devious womenwho had been lost to rapacity. In the question about the character qualities of victims,several people indicated their external appearance, which might signify a strongconnection between victims of the discussed crime and an attractive appearance. Mostlikely this is due to the fact that the researched form of human trafficking is linked withthe sexual sphere.The main source for acquiring knowledge on the subject of human traffickingwas acknowledged by the respondents as being the media as well as any training theyhad undergone. This may seem disturbing since the image of human trafficking inthe media, other than the fact it is heavily oversimplified, strongly relies on genderstereotypes which can affect perceptions and thus the way victims of human traffickingare processed. Other than this, a significant majority of police officers (84%) andborder guards (81%) had undergone training on the subject of human trafficking.Equally important is that a very small number of respondents had had in their lives anycontact with victims of human trafficking (17% of surveyed border officials and 35%of police officers). Despite this, almost everybody had deep-rooted definite beliefs todo with victims of female trafficking. Most of these convictions are therefore based onstereotypes.Amongst the respondents, there was a widespread conviction that victims of humantrafficking are predominantly women (around three quarters of all respondents). For thesurveyed, a victim of human trafficking is most often an aggrieved person forced intoprostitution – respondents said this form of crime was the most frequently occurring. A significant majority of the respondents acknowledged that the female-victim did notknow that they would be working as a prostitute. Most likely this is linked to the fact thatvictims of female trafficking are presented above all as young, inexperienced and naivegirls. This is at odds with the image of a calculating prostitute who knew the goal of herjourney. It is worth mentioning too about the distribution of answers to the questionin which surveyed police had to answer if it is more appropriate to quickly interrogatevictims or to grant them time to think. Almost 70% of those surveyed admitted theythought it more appropriate to quickly interrogate the victim. Particularly substantial were the justifications for the respondents’ choice of answers. Their analysis allows usto conclude that the respondents perceive victims of human trafficking instrumentally– above all, they see them as a tool for the effective prosecution of those committing human trafficking. This is shown by the fact they judged it important to interrogate thevictim as quickly as possible so that they could gather evidence. Some of the officersalso expressed their negative attitude to victims by accusing them of the possibility ofscheming, the susceptibility for lying or a desire for revenge on the perpetrators. Examining the research evidence suggests this is reflected in relation to the practicalconsequences of the perceptions of victims of human trafficking by law enforcementofficials as passive, naive and helpless women. Namely, these kinds of thoughts maylead to one of these victims, whose qualities fit with the commonly-held stereotypes,being identified by a law enforcement representative. Similarly, help may only be givento those people who the officers believe “really” need and deserve it (i.e. they fit theimage of a defenceless helpless “ideal” victim). Reaching law enforcement agencies andbeyond – such as the justice system – may only be achievable by those victims that fitthe stereotypes, while other people may be ignored – for example, those who had beenused for something other than sex, or older people, the active or those not physicallyattractive.
Źródło:: Archiwum Kryminologii; 2015, XXXVII; 223-252
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Teoretyczne podstawy mediacji między ofiarą a sprawcą przestępstwa
The Theoretical Foundations of Mediation Between the Victim and Offender
Autorzy:: Czarnecka-Dzialuk, Beata
Powiązania:: https://bibliotekanauki.pl/articles/698941.pdf
Data publikacji:: 2000
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: mediacja
ofiara
konflikt
przestępca
victim
offender
mediation
conflict
Opis:: Mediation as a method of conflict resolution also applicable to conflict resulting from an offences is the alternative of legal solution of disputes, a technique shared by various models that promote the use in practice of consensus. This novel plocedure fot conflict resolution (which is however derived from the traditions of the oldest societies) - a consensual one, based on agreement between parties - has been developing most dynamically over the recent decades, and pervaded all branches of the law in most legal systems (H. Jung, T. Marshall). In the specific context of criminal justice, mediation does not necessarily aim at conflict resolution. For this reason, it is defined as a process, where parties to proceedings are offered the possibility to actively participate in resolving issues that result from the offence, and are assisted in so doing by an impartial third person or mediator. Mediation may take a variety of forms (direct or indirect); it may be conducted by professional or lay mediators, under auspices of the law enforcement agencies or by an independent social organization, and the parties to it may include not only the victim and the offender but also their relatives and other supporters as well as representatives of the criminal justice system. As has already been mentioned, the origins of mediation between the offender and his victim date back to the oldest past when all issues related to harm involved in acts that are today treated as offences were adjusted in the course of negotiations by those directly concerned assisted by their families and clans. The offences was seen as a conflict between the victim and the perpetrator, with due consideration to the social context. Once the function of reacting to crime was taken over by the state, the reactions initially resembled the modern rules of civil law. Later on, when crime was interpreted as violation of the order established by the ruler, penal sanctions aimed not only at compensating the victim but also at supporting the authority of the state. Although Nils Christie's picture of the state stealing the conflict is a convincing illustration of this situation, the fact should be borne in mind that the state's taking over of the function of punishing was an immense cultural achievement of its time, especially for those members of the conmunity who were too weak to vindicate their claims (B.-D. Meier). Solutions that provide for specific forms of consensus can also be found in modern legal systems. In the area of mediation between the victim and offender, the practice outpaced theory. It was inspired, among other things, by examples of "community justice'' of non-Western cultures; by the movement on behalf of victims, the progress of victimology, the diversion conception, and abolitionism; by the theory of social peace and conflict resolution and by the conception of reparatory justice. This latter conception deals with most problems posed by the other ones. It is, however, difficult to define, and its essence is difficult to explain, especially if we try to embrace threads important for all the trends on which it bases. Thus in the end, a simpler definition suggested by T. Marshall won general acceptance: "reparatory justice is an approach to crime, oriented on solving the problem, which engages perionally all parties involved in it as well as the community, in active relation to the public sector institutions. It is not a specific activity but a set of ruled that may set the direction of the bulk of actions of all institutions or groups related to crime. Reparatory justice is a process in which all parties involved in a specific offence meet to reach a joint solution of the issue of effects of crime and conclusions for the future". This definition was subsequently modified somewhat by other authors. In particular, it was accepted by an international body - the International Research Network on Reparatory Juvenile Justice in its Leuven Declaration of May 1997 concerning advisability of promoting the reparatory approach to juvenile delinquency. Reparatory justice is discussed as a specific trend, approach, philosophy or even idea; according to most authors, however, it has not yet developed into a consistent theory, although incessant efforts are made towards this aim. The term "reparatory justice'' is attributed to R. Barnett; H. Zehr's contribution is the first general model of that justice as an "alternative paradigm of justice" whose main principles are opposed to those of the traditional retributive justice. Also J. Braithwaite's idea of "reintegrating confusion'' was of importance for the development of the reparatory justice conception. It is associated e.g. with Hirschi's theory of control, Matza's neutralization theory, Luhmann's systemic theory, and also with the traditional penal law theories under which evil has to be compensated by punishment, but compensation involving suffering prohibits a better arrangement of social relartions. Instead, reparatory justice balances the harm involved in crime through action aimed at compensation and “doing good” (Ch. Pelikan, B.D. Meier). M. Wright stresses that this conception largely tallies with the common-sense ideas as to how society should react to crime, supported by appropriate actions, analysis, and studies. Mediation and other restorative reactions are sometimes shown as responses that function instead, parallel or within the traditional justice system. Much speaks, however, for integration of reparatory justice with the criminal justice system. The approach that isolates mediation altogether from criminal justice pays insufficient attention to the danger of inequality of the parties to mediation in the area of efficient execution of their conflicting interests. Thus public interest requires that the course and results of mediation proceedings be supervised. The manner in which reparatory justice may replace repressive one depends first and foremost on the seriousness of crime. It is not in all cases that a purely reparatory reaction should be recommended as sufficient. This is among the frequent arguments of critics of reparatory justice (although even its supporters accept the existence of limits to its application). Skeptics also stress that reparatory justice violates a number of generally accepted rules of procedure, especially that of equality before the law (which, however, could be disputed) and the offender’s procedural rights due to him in criminal proceedings (which is in fact a weakness of reparatory justice, but collisions might be solved by appropriate rules and standards of the reparatory process or e.g. by judicial review of negotiated solutions). The conception of reparatory justice is often explicated through opposition of the basic models of reaction to crime (although faulty in some respects, this method well illustrates the most fundamental features). Reparatory justice is sometimes called the "third path'', an alternative to the (neo-) retributive penal law and the rehabilitation model which proves ineffective, and a fully mature self-standing model (L. Walgrave, I. Aertsen). M. Wright stressed two spccial ideas that distinguish reparatory justice from the traditional criminal justice system. The first of them is that the process itself constitutes an essential element of the reaction, that it is constructive and may even have a therapeutic importance. The other idea is compensation interpreted in a much broader sense - from symbolic actions such as work to those reducing the risk of the offender relapsing into crime. The justification and legitimization of mediation in criminal cases bases not only on new theorietical conceptions. Such justification can also be found in the assumptions of the traditional justice system. This is what B.D. Meier did assuming as his point of departure the penal law system's public function, including in particular that of restoring public order that has been violated through crime, and also that of preventing repeated violations. The traditional systems have always provided for two or three different models of reaction to crime. Prevalent is punishment imposed on the person who has been found guilty. The second model involves imposition of special measures irrespective of the offender's liability (security and preventive measures). The third model, of crucial importance for legitimization of mediation in the criminal justice system, consists in renouncing formal proceedings, e.g. in view of slight social harmfulness of the act, the fact that no public interest is involved in the imposition of penalty, or reasons of general and special prevention. According to T. Marshall, justifications of reparatory justice (fulfilled i.a. through mediation) should be sought in the community nature of the offence and its effects. Explaining the theoretical foundations of mediation between the victim and the offender is a complex task because of the multitude of its sources as well as theories and conceptions quoted, and particularly because of the lack of agreement as to the essence of the usually quoted conception of reparatory justice and as to its treatment as "competitive'' with fespect to traditional justice or (for which interpretation I would like to declare) as that system's highly profitable logical supplementation, improvement and expansion. Also in Poland, the practice of actions involving mediation have outpaced the theory: for several years now, there has been quite a rapid growth in its application in practice. In both spheres, there are many problems and challenges worth taking up. At the same time, expanding the theory is of importance for the practice. Explanation of the ideas, aims and foundations of mediation and of its position with respect to traditional justice is paramount for the institution's reasonable development, evaluation and shaping towards its meeting the expectations.
Źródło:: Archiwum Kryminologii; 2000, XXV; 9-28
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 3.

Tytuł:: Ofiary włamań mieszkaniowych (wyniki międzynarodowych badań porównawczych)
Victims of Burglary (Findings of an international comparative survey)
Autorzy:: Ostrihanska, Zofia
Wójcik, Dobrochna
Mawby, Rob J.
Walklate, Sandra
Görgenyi, Ilona
Powiązania:: https://bibliotekanauki.pl/articles/698698.pdf
Data publikacji:: 1998
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: ofiara
włamanie
badanie międzynarodowe
victim
burglary
international survey
Opis:: Burglary is a serious offense which particularly affects the victim. It often has more one victim, and its effects react on ihe entire family and broader community. For the victim, its important element is not only the loss of and possibly damage to property, but also violation of privacy and of the related feeling of safety. The survey discussed in the paper was conducted in 6 cities in the following countries: Germany - Monchengladbach; Poland - Warsaw and Lublin; Hungary - Miskolc; and United Kingdom - Plynouth and Salford. Discussed here will be mainly the findings obtained in Warsaw and Lublin, and data from the rest of the sample will be referred to on some issues only. The survey focused on the following issuess: 1/ circumstances of the offense and losses suffered by the victims; 2/ respondents’ attitudes to the police and appraisal of police work in their case; 3/ assistance received, self-organization, steps undertaken by the victims to prevent further burglaries; 4/ respondents’ feelings, their reactions to the offense and persistence of those reactions. The survey based on data from interviews with victims of burglary and on information obtained from the police (the questionnaire was developed by the designer and head of the project, Prof. R.I. Mawby and contained some questions from the British Crime Survey Questionnaire of 1984, 1988, and l992). Sampled in each city selected for the project were 400 reported cases of burglary; interviews were conducted in a half of those cases (200 burglaries) on two occassions, that is at least 6 to 8 weeks and 16 to 18 weeks after the date burglary was reported. As was shown by comparison of data on the socio-demographic situation of victims of burglary in different countries, variables such as age, structure of family, or material or housing situation significantly differentiate individual national samples (e.g. persons living alone were much fewer in Poland as compared to Hungary and the United Kingdom). The circumstances of burglary, losses suffered and anti-burglary protection measures shape differently in different countries. In the United Kingdom, the number of burglaries committed during the night while the victims were at home and asleep was twice as big as in Poland and Germany. On some points, however, no differences were found. About a half of respondents in all countries said that some of the objects stolen during the burglary were to them of sentimental value. Besides, property stolen most often throughout the sample was electronic equipment. Polish respondents were below the average as regards special protective measures. For example, a slight proportion only had alarm devices installed, and a mere one-third had taken out an insuranie policy. Due to high costs of insurance in Poland, the insurance sum was low as a rule and seldom corresponded with the actual value of equipment. As a result, Polish respondents could not get compensation from the insurance company; when compensation was paid, the loss actually suffered was hardly made up for. Interestingly, though, the taking out of insurance was related neither to respondent's level of education nor to his self-appraised material situation. Polish respondents' attitude to the police and opinion on police work tended to be more critical compared to the rest of the sample. Criticized were many aspects of police work in cases of burglary. Polish respondents stated more often that the police had arrived too late, ignored their suggestions as to possibly identity of the burglars, and failed to interrogate persons they indicated. A vast majority of Polish respondents believe that the police failed to inform them properly about the state of investigation. Fewer Polish victims of burglary are also satisfied with the way in which the police conducted the investigation in their case (about 20% compared to about 75% of British and Hungarian respondents). Policemen enjoy a lower prestige among Polish victims. Social perception of the police depends on their treatment of the victim but also on the national tradition, previous experiences with police forces being used by the authorities to perform political tasks, the image of the force created by the media etc. In view of the more critical opinion on the police found among Polish respondents, it is inieresting to find out whether such opinion has any objective grounds, that is whether the proportion of offenders detected in Polish cases was lower compared to the rest of the sample. The answer is no. In cases of burglary, detectability rate was low throughout the sample and Poland was by no means inferior in this respect. Polish victims' tendency to be the most critical of all towards police work may have a number of reasons. It may be related to actually greater shortages of the force (e.g. inferior equipment); to a greater pain involved in losses suffered by Polish victims; or to society’s critical attitude towards the police fixed under the past regime. On the grounds of our data, it would be difficult to select any of the above three explanations. Considering the reasons of Polish respondents' critical attitude towards the police, one can hardly ignore the fact that with a growth in both crime and thę social sense of threat in the country, also society's expectations and demands of the police have gone up. As we know, burglary causes not only material losses but also psychological effects which tend to persist for a long time in many victims. Inquired about in the survey were respondents' first reactions to burglary; the persistence of those reactions; reactions of their family members; and the aspect the victims considered the worst of all in their experience of burglary. As follows from the findings, the psychological effects of burglary suffered by the victims are similar in all countries in the sample. Most respondents felt depressed, and this frame of mind persisted in onefourth of the sample. The worst experience mentioned most often was material loss (which frequently amounted a loss of possessions that had taken a person's lifetime to amass); worsening of the living conditions; and in many cases the accompanying sense of harm and injustice. Another worst experience mentioned was invasion of privacy, a loss of trust in one's fellow men, and helplessness. Persons who consider themselves the most ,,affected” by burglary among Polish respondents are those calling themselves not too well-off, the not insured, and women rather than men. Compared to the rest of the sample, British respondents feel less affected by burglary; however, burglary was found to affect victims in a similar way irrespective of the country. Interestingly, the frequency of victims' psychological reactions followed the same pattern throughout the sample. Anger ranked first, followed by shock, anxiety, sleep disorders, and crying. Burglaries examined within the Polish sample affected a greater number of persons compared to those committed in the remaining countries: Polish households that were burgled were bigger. We also strove to find out whether respondents felt threatened with crime. Such sense of threat was more intense in Polish compared to Hungarian and British respondents. The system of assistance to victims was the best in terms of organization and functioning in United Kingdom followed by Germany, Hungary and Poland. The situation of Polish victims of burglary proved the most unfavorable as regards the possibility of getting both compensation for material losses and assistance from competent institutions. As opposed to the rest of the sample, Polish respondents were less often satisfied with the way in which the police handled their case and much more critical towards police work. The findings show that, in Poland in particular, the insurance system has to be reconsidered and differently regulated, and there is an urgent need for a systemic and coordinated program of comprehensive assistance to victims. The more critical opinion on police work found in Polish respondents also suggests that the treatment of victims by the police in Poland requires a thorough analysis.
Źródło:: Archiwum Kryminologii; 1998, XXIII-XXIV; 75-113
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 4.

Tytuł:: Does the Victim of a Crime Have the Right to a Fair Trail? Remarks on the Protection of Crime Victims in the Light of the Guarantees in the European Convention on Human Rights
Autorzy:: Mezykowska, Aleksandra
Powiązania:: https://bibliotekanauki.pl/articles/706869.pdf
Data publikacji:: 2011
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: ECHR
European Convention on Human Rights
victim of crime
Opis:: None of the provisions guaranteeing the right to a fair trial contained in the principal international agreements were explicitly drafted to assure such a right to victims of crimes. Therefore, over the last two decades one could observe a shift in the attitude of the European Court of Human Rights towards the rights of victims, in order to extend the protection granted under the provisions of the European Convention on Human Rights to victims taking part in criminal proceedings. The Court directly extends the rights of victims by elaborating the procedural obligations of States (mainly under Articles 2 and 3 of the Convention), and through a broader understanding of the concept of civil rights and obligations, which enables the extension of the guarantees granted under Article 6 to victims participating in criminal proceedings. The purpose of this analysis is to attempt to answer the questions: under what circumstances in criminal proceedings may victims benefit from the right to a fair trial, and to what extent are they entitled to claim the protection of the guarantees provided for under the Convention?
Źródło:: Polish Yearbook of International Law; 2011, 31; 285-313
0554-498X
Pojawia się w:: Polish Yearbook of International Law
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Obowiązki nakładane na osoby skazane z art. 207 § 1 k.k. w orzecznictwie sądów rejonowych
Duties imposed under 207§1 of Polish Criminal Code in district courts’ judicature
Autorzy:: Wrona, Grzegorz
Powiązania:: https://bibliotekanauki.pl/articles/698985.pdf
Data publikacji:: 2011
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przemoc domowa
przemoc wobec kobiet
polityka kryminalna
criminal law
victimization
victim
Opis:: The article contains an analysis of district court sentences which included protective and re-straining orders under article 72§1 of Polish Criminal Code (hereinafter referred to as PCC) on perpetrators of harassment punishable under article 207§1 of PCC. Because of the character of the crime of harassment, the main part of the article concerns orders of refraining from contacts with victims and of leaving the common place of residence. The article contains analysis and conclusions of a research of cases which ended in a decree absolute in 2008 – 2009 and concerned prosecution under article 207§1 of the Code. The research, completed in 2010, was conducted in eleven district courts, all of them subordinate to different courts of appeals. The results of the research show a significant divergence in the manner of sentencing restraining orders throughout the country. One may notice the extremes of the approach, particularly as far as the order of leaving the common place of residence is concerned. As a result, the courts use such opportunity only in a few percent of the cases where such orders can be sentenced. It is hard to speak of any line of sentencing with such a small number of cases. Meanwhile, the legislator amended the Act on Family Violence Prevention with the view on the duties imposed under article 72§1 of PCC. As a result of this amendment, two changes were introduced. The first consisted in distinguishing correctional and educational actions in section 6a. The second concerned the order of refraining from contacts with the victim in section 7a of the said article which was extended by adding a restraining order of staying away at a minimum distance from the victim. At the same time the legislator did not take into account the doubts expressed by the doctrine about possibility of successful enforcement of orders under sections 7a and 7b (order to leave the common place of residence). The conclusions of the article concern the necessity of more frequent interpretation of duties under article 72§1 sections 7a and 7b PCC by the courts and, as a consequence, of es-tablishing a uniform and consistent judicature in sentencing such restraining orders. It is sug-gested that this can be achieved if the guidelines by Polish Attorney General on preliminary proceedings in family violence cases include an instruction for the prosecutors to apply to courts for such restraining orders. This way, the courts of law will be obliged to take a stance on such motions and a chance to standardise the manner of sentencing them will arise.
Źródło:: Archiwum Kryminologii; 2011, XXXIII; 213-225
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 6.

Tytuł:: O handlu ludźmi w Polsce, czyli o ewolucji zjawiska i budowie systemu jego eliminowania
On human trafficking in Poland, that is on evolution of the phenomenon and construction of the system to eliminate it
Autorzy:: Lasocik, Zbigniew
Powiązania:: https://bibliotekanauki.pl/articles/699007.pdf
Data publikacji:: 2012
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: handel ludźmi
polityka kryminalna
zapobieganie przestępczości
human trafficking
organized crime
crime
victim
Opis:: The thesis of this work is as follows: human trafficking is particularly detrimental as it harms the foundations of modern civilization. It is a phenomenon which appeared in Poland 20 years ago and is still present. What is more, one can see its significant expansion in all possible dimensions. The character of this crime is changing, less and less frequently this is a criminal activity of organized crime groups (mafia gangs), more and more frequently it is a well-organised activity of criminal groups organized ad hoc. New forms of enslavement and abuse appear while physical abuse, relatively easier to detect, plays less and less important role. The change includes also the scale of the problem, measured by the number of criminal cases or the number of reported victims, and to be clear the numbers do not decrease, they increase. The evolution spoken of here includes also such issues as origin of the victims and their sociodemographic profile (here the direction of development is also clear, the victims come from all countries and continents and they are more and more diverisified). Polish law has been changing for many years but it is hard to admit the law is fully adequate to the needs and the scale of the problem. The practice of action of many public institutions changes. Efforts to eliminate human trafficking have been made for years, without effects though. The system to eliminate human trafficking, which has been built for 15 years in Poland, has stable legal and institutional basis, yet lack of political will and decisive organization actions causes the system to lack effectiveness and flexibility necessary in a confrontation with such a dangerous phenomenon as human trafficking is. A reliable description of human trafficking is hard in any place and at any time. In such countries as Poland, it is particularly hard for several reasons. Most of all because it is a phenomenon well-hidden behind many facades of fully legal activities, it is also a rich in content, diverse, and ever changing phenomenon. It is still valid that what we know of human trafficking is merely a tip of the iceberg. We know little about it also because Poland has been a member of EU which makes it an attractive destination for foreigners who either seek their opportunities here or move to other EU countries using the freedom of movement. One of prominent features of evoulution of human trafficking in Poland is a Shift from the country of origin to transit country and to destination one. Political and economic changes of the early 1990s combined with temporary decrease in police effectiveness resulted in increase in crime. Also the serious one, organized crime. This is when human trafficking ap-peared in Poland. In the beginning, activity of criminal groups concentrated on recruitment of Polish women to sex businesses in Western Europe.
Źródło:: Archiwum Kryminologii; 2012, XXXIV; 481-529
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 7.

Tytuł:: Rozmiary i uwarunkowania lęku przed przestępczością
Intensity of fear of crime and its conditioning factors
Autorzy:: Ostaszewski, Paweł
Powiązania:: https://bibliotekanauki.pl/articles/699021.pdf
Data publikacji:: 2012
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: lęk przed przestępczością
metodologia badań kryminologicznych
fear of crime
crime victim
victimization
Opis:: Criminological analyses of fear of crime conducted to date have lead to formulating many various ways of defining this phenomenon and to concepts explaining its intensity and diversity. This article assumes that the most effective definition (by Sandra Walklate) is that fear of crime is partly rational and partly irrational state of anxiety or fear caused by belief that the individual is at risk of becoming a crime victim. Basic hypotheses regarding factors influencing level of fear concern such aspects as: victimization experiences and objective crime risk level; socio-demographic characteristics of individuals and psychological features which define their sensitivity to dangers and risks, features of environment where an individual lives, and in particular manifestations of social disorganization, size of local population, and presence of social ties, mutual trust, common goals and values among local residents; actions of persecution organs and the justice system and their social perception; macro-social factors (such as quality of social security) as well as media reports and politicians’ actions. Multi-dimensional models of fear of crime constructed by researchers integrate these hypotheses into complex system which offer much more explaining power and possibility of presentation of relations between particular variables in question. The conducted research presented in the article aimed to present the level of crime fear perceived in Poland and other European countries as well as to find social, demographic, and macro-social factors conditioning that fear. The research was based on secondary data analysis from several editions of International Victimisation Studies, Polish Crime Study, and last issue of European Social Survey. Analysis of the crime level in Poland revealed there has been a definite, almost twofold, decrease of percentage of persons declaring such fear during the past 20 years. In the beginning of 21st century, Poles perceived above-European average fear of crime. In 2010 it was lower than in most European countries. As a result of conducted two-dimensional analyses, it was established that crucial factors influencing perceived lack of security contributed to the following hypotheses: victimization, sensitivity to risks, disorganization and urbanization and those focusing on the action of prosecution and macro-social characteristics of inhabited locations. Used techniques of classification tree allowed for initial examination of joint influence of particular independent and dependent variables as well as for separation of many interesting groups of respondents regarding frequency of occurrence of fear of crime. Above-average fear of crime was characteristic of women from middle-sized and big cities who had been victims of crime against property and of men who had been victims of crime against property or as-sault and lived in areas where unemployment was below average.
Źródło:: Archiwum Kryminologii; 2012, XXXIV; 157-206
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 8.

Tytuł:: Protection of Personal Data of Crime Victims in European Union Law – Latest Developments
Autorzy:: Grzelak, Agnieszka
Powiązania:: https://bibliotekanauki.pl/articles/706816.pdf
Data publikacji:: 2019-09-01
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: personal data protection
police directive
victim of crime
Charter of Fundamental Rights
Opis:: In EU law a lot of attention has recently been paid to personal data protection standards. In parallel to the development of the general EU rules on data protection, the Members States also develop cooperation between law enforcement agencies and create new information exchange possibilities, including the processing of personal data of participants in criminal proceedings. The aim of this article is to analyse whether the personal data of victims of crime are safeguarded according to the standards of the Charter of Fundamental Rights. For this purpose, the author analyses two directives: 2012/29/EU, which regulates minimum standards of victims of crime; and 2016/680/EU (also known as the Law Enforcement Directive), which regulates personal data processing for the purpose of combating crime. Based on the example of the Polish legislation implementing both directives, the author comes to the conclusion that the EU legislation is not fully coherent and leaves too much margin of appreciation to the national legislator. This results in a failure to achieve the basic goals of both directives. The author expects the necessary reflection not only from the national legislator, but also from the European Commission, which should check the correctness of the implementation of the directives, as well as from national courts, which should use all possible measures to ensure that the national law is interpreted in the light of the objectives of the directives.
Źródło:: Polish Yearbook of International Law; 2018, 38; 209-228
0554-498X
Pojawia się w:: Polish Yearbook of International Law
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 9.

Tytuł:: The dawning of a new era in social reaction to crime: promise, potential and limitations of restorative justice
Autorzy:: Fattah, Ezzat A.
Powiązania:: https://bibliotekanauki.pl/articles/699029.pdf
Data publikacji:: 2012
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: sprawiedliwość naprawcza
polityka kryminalna
zapobieganie przestępczości
social reaction to crime
criminology
victim
Opis:: Despite dramatic social changes and unprecedented technological innovations penal philosophy has undergone little change. Retribution continues to be the key principle in sentencing and judges continue their hopeless struggle to make the punishment fit the crime. It is truly baffling that the CJS has remained archaic in its philosophy, its outlook and its tools and has remained insulated from whatever changes and advances that had taken place in modern society? For as yet unexplained reasons the system has resisted every attempt to modernize and change? This is probably why it is that despite the manifest advantages and benefits of R.J. over a punitive, retributive system, whose sole aim is to inflict pain and suffering on the wrong-doer, there is still reluctance to do away with the ideas of expiation and penitence in favor of reconciliation and compensation. The strong support for victims of crime, coupled with the undeniable fact that victims are the main losers in a punitive system of justice, have not yet succeeded in convincing politicians, lawmakers or the general public of the need to replace the medieval practice of punishment by a more constructive, more peaceful and less harmful means of dealing with crime and conflict. And yet, the destructive and detrimental effects of punishment are too evident to ignore. All this suggests that the time is right for a paradigm shift in society’s response to crime. There is a desperate need to move from philosophical abstraction to restorative action, from senseless retribution to meaningful restitution, from just deserts to restorative justice. But there is also a need for realism. R.J. is not a pana-cea. Although superior in every respect to retribution R.J. does have certain limitations and there are certain dangers to be avoided when moving towards the full implementation of a restorative justice system.
Źródło:: Archiwum Kryminologii; 2012, XXXIV; 7-42
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 10.

Tytuł:: Osoba nieporadna jako pokrzywdzona przestępstwem znęcania się
Autorzy:: Habrat, Dorota
Powiązania:: https://bibliotekanauki.pl/articles/1788323.pdf
Data publikacji:: 2018-03-04
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawo karne
znęcanie się
osoba nieporadna
pokrzywdzony
criminal law
mistreatment
helpless person
victim
Opis:: W artykule analizie poddano kwestię dotyczącą zakresu szczególnej ochrony osób nieporadnych ze względu na stan psychiczny i fizyczny jako pokrzywdzonych przestępstwem znęcania się. Celem analizy przedstawionej w artykule było określenie poziomu ochrony osób nieporadnych w związku z nowelizacją kodeksu karnego z dnia 23 marca 2017 r. oraz ocena trafności modyfikacji i kierunku wprowadzonych zmian. Wskazano problemy interpretacyjne związane z pojęciem „osoba nieporadna”. Badaniu podlegał również zakres ochrony osób nieporadnych w kontekście obowiązującej w prawie karnym zasady proporcjonalności. W badaniach podjęto próbę odpowiedzi na pytanie, czy obecnie obowiązujący przepis art. 207 k.k. zapewnia dostateczną ochronę osób nieporadnych w sytuacji zaistnienia przestępstwa znęcania się. Artykuł stanowi prawno-dogmatyczną analizę problematyki dotyczącej osoby nieporadnej jako ofiary przestępstwa znęcania się.
In paper, the issue regarding the scope of special protection against mistreatment of helpless people due to mental and physical state was analyzed. The aim of the research was to determine the level of protection of helpless people in connection with the amendment of the penal code of 23 March 2017 and the assessment of the accuracy of modifications and direction of introduced changes. The interpretational problems associated with the term “helpless person” were pointed out. The scope of protection of helpless people in the context of the principle of proportionality applicable in criminal law was also subject to research. The research answer the question whether the art. 207 k.k. provides sufficient protection to helpless people in the case of mistreatment. The studies are the legal-dogmatic analysis of the subject of a helpless person as a victim of mistreatment.
Źródło:: Studia Prawnicze; 2018, 2 (214); 115-130
0039-3312
2719-4302
Pojawia się w:: Studia Prawnicze
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 11.

Tytuł:: Zmiany w kontrolowaniu przemocy domowej – aspekty prawne, kryminologiczne i społeczne
Changes in controlling domestic violence – legal, criminological and social aspects
Autorzy:: Wiktorska, Paulina
Powiązania:: https://bibliotekanauki.pl/articles/2030519.pdf
Data publikacji:: 2021-12-31
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przemoc domowa
osoba najbliższa
ochrona pokrzywdzonego
domestic violence
close person
protection of the victim
Opis:: Artykuł zawiera opis i analizę wybranych zmian w podejściu do kontrolowania przemocy domowej z uwzględnieniem najnowszych propozycji legislacyjnych. Koncentruje się na najistotniejszych nowelizacjach i wprowadzanych kolejno instytucjach oraz procedurach zwiększających z jednej strony zakres ingerencji państwa w stosunki między osobami najbliższymi, a z drugiej możliwości korzystania z ochrony przez osoby dotknięte przemocą. Poszczególne nowelizacje wzbudzały, podobnie jak obecnie proponowane zapisy, wiele kontrowersji, zarówno natury prawnej, społecznej, kulturowej, jak i etycznej.
The text includes a description and analysis of selected changes in the approach to controlling domestic violence, taking into account the latest legislative proposal. The text focuses on the most important, selected amendments and successively introduced institutions and procedures which on the one hand increase the scope of state interference in relations between close relatives, and on the other hand increase the possibility of persons affected by violence utilising the available protection. The individual amendments have aroused, and their proposed provisions are still arousing a great deal of controversy of a legal, social, cultural and ethical nature.
Źródło:: Archiwum Kryminologii; 2021, XLIII/2; 243-266
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 12.

Tytuł:: Indywidualna ocena szczególnych potrzeb ofiary : europejskie standardy a regulacje polskie
An Individual Evaluation of the Specific Needs of Victims: European Standards and Polish Regulations
Autorzy:: Mazowiecka, Lidia
Powiązania:: https://bibliotekanauki.pl/articles/698614.pdf
Data publikacji:: 2015
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawo konstytucyjne
prawo karne
praworządność
victim of crime
European standards
law
constitution
jurisprudence
criminal law
Opis:: This article is devoted to discussing a new EU law institution which is about theindividual assessment of the specific needs of victims within the framework ofprotection. The issue is important since the institution for individual assessmentshould be implemented in the Polish system of law, but it also happens to invokemany controversies and misunderstandings. Most accurately it became accepted inthe Directive of the European Parliament and Council 2012/29/EU on 25 October2012, establishing minimum standards for the rights, support and protection ofvictims of crimes, thus replacing Council Framework Decision 2001/220/JHA. Therehad previously been talk about it in two other directives, namely Directive of theEuropean Parliament and Council 2011/36/EU from 5 April 2011 which was aboutpreventing human trafficking and combating it as well as protecting victims, whichreplaced Council Framework Decision 2002/629/JHA, and Directive of the EuropeanParliament and Council 2011/93/EU from 13 December 2011 on combating sexualabuse, the sexual exploitation of children and child pornography, which replacedCouncil Framework Decision 2004/68/JHA. An instrument closer to individualevaluation was also introduced by the European Council Convention for preventingand combating violence against women and domestic violence on 11 May 2011. Analysis of the regulations contained in these documents proved that victims ofcrimes have to be subjected to individual assessment every single time, the basis ofwhich are their personal qualities, type and character of the crime, as well as theirlocation. A particular weight is attached to ensuring the protection of the personalqualities of the victim. Individual assessment, on the one hand, should get confirmationif the given victim has specific needs, and if so, what kind of protection in criminalproceedings and support they need. On the other hand, it describes concrete means ofprotection and support as foreseen in the articles of the above-mentioned documents.So it is therefore best to adapt these means to specific needs.The discussed international documents prescribe always recognising a child asa person of specific needs, defining them as any person under 18 years of age. It alsoindicates that a person whose age cannot be confirmed, but for whom there are reasonsto believe they are a child, should be considered a child. For children that are victims ofcrimes, they also anticipate a wider catalogue of measures than for adult victims withspecific needs. An analysis of Polish law regulations has been made against a background ofsolutions accepted in international law acts. The analysis included in its particularscovers issues such as the problem of informing the victim about their entitlement torights, professional preparation of people who have contact with them on a professionalbasis, confirmation of special protection measures for the victims in criminal proceedings, appointment of procedural curators for harmed minors to preventconflicts of their interests with those of people who have parental custody or care overthem. Also referenced were solutions introduced by the act from 28 November 2014 about protection and aid for victims and witnesses, as well as the “Blue Card” procedurecarried out during interventions in situ undertaken in relation to family violence. Also discussed were the questionnaires prepared by the Ministry of Justice tocarry out the evaluations of specific needs of victims – this is part of the scope of thespecialist help they are meant to provide non-governmental organisations supportingvictims as well as within the scope of sharing special means for protection during criminal proceedings. It turned out that a significant majority of Polish legal normsand practices do not conform to international standards in the discussed field. With fullcertainty, institutions of individual assessment have not yet been implemented in Polish legislation, while the achieved undertakings appear insufficient. One can even say thatthey have only been pretending to aim to implement them. A specific objection is thefailure to achieve any activities aimed at ensuring a uniform standard of protectionfor all children. So children are held using current regulations under which the levelof their protection is dependent on their age and the type of criminal victimisationexperienced. Nor was there a separate category of victim with special needs in terms of protection. So special protection methods are still only given to victims of crimesof a sexual nature, as classified in articles 197 to 199 of the Criminal Code. In place ofthis, regulations ought to be introduced enabling specific methods of interrogating allvictims with special protection needs. Nor does it take into account the will of victimsabout the use of certain measures that they agree with subjectively
Źródło:: Archiwum Kryminologii; 2015, XXXVII; 253-278
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 13.

Tytuł:: Assisting Victims: The British Model in Comparative Context
Autorzy:: Mawby, Robert I.
Simmonds, Lesley A.
Powiązania:: https://bibliotekanauki.pl/articles/698726.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: ofiary przestępstw
wymiar sprawiedliwości
pomoc ofiarom przetępstw
crime victims
criminal justice system
victim assistance programmes
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 555-565
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 14.

Tytuł:: Profil sprawcy, profil ofary. Przestępstwo współżycia z osobą małoletnią poniżej 15. roku życia
Offender's profile, victim's profile. The sexual offenses committed against minors up to 15 years old
Autorzy:: Dziewanowska, Małgorzata
Powiązania:: https://bibliotekanauki.pl/articles/699013.pdf
Data publikacji:: 2012
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kryminologia feministyczna
przemoc wobec kobiet
wykorzystywanie seksualne małoletnich
wiktymizacja
pedofilia
sexual offences
victim
victimization
perpetrator
crime
Opis:: The purpose of this article is to present results of an examination of judicial records of cases relating to the article 200 of Criminal Code in two judicial districts. It is essential to construct a profile of a perpetrator and a profile of a victim of this offense, particularly in those cases committed by young people. Also, if possible, to answer a question whether the present legal regulation is adequate to control minors’ sexual activity. Interesting issues are the age difference between the perpetrator and the victim, the existence (or not) of some close relation between them, and also the impact of those factors on the decision of a court. Equally important are reasons of reporting the cases to law enforcement, the basis for initiation of criminal proceedings and final sentences. The objective of this study was also to check whether the reduction of age of consent or the introduction of “close in age exception” would reduce the number of convicted young offenders, who were participants of consensual sexual relations with minors under 15 years old. The analysis of data obtained is carried out in the context of socio-cultural acceptance of sexual behavior of youth, legal regulations of protection of their reproductive health, the impact of media and information technologies, as well as the history of childhood and perception of children’s sexuality. Non-criminal-law factors have very significant impact on the knowledge young people have, on the sexual needs they have, and finally implementation of those in everyday life. This study is part of the doctoral thesis analyzing the problem of sexual offenses committed by or against minors, partly illustrating the phenomenon and the problems arising from the criminal law regulations of sexual behavior of young people. This research is not representative for the whole country, because of the limited geographical scope, but allows to draw relevant conclusions and confirm or deny previously constructed hypotheses. It is also possible to prediagnose emerging problems and to present the potential legal solutions, currently existing in other countries, both in Europe and worldwide.
Źródło:: Archiwum Kryminologii; 2012, XXXIV; 367-399
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 15.

Tytuł:: Przestępczość i polityka karna w krajach postkomunistycznych: spojrzenie laika
Crime and Penal Policy in Post-Communist States: a Layman’s Perspective
Autorzy:: Siemaszko, Andrzej
Powiązania:: https://bibliotekanauki.pl/articles/699122.pdf
Data publikacji:: 2006
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość
polityka karna
państwa postkomunistyczne
kara
polityka kryminalna
badania wiktymizacyjne
crime
penal policy
post-communist states
punishment
criminal policy
victim study
Opis:: Can we seriously analyse penal policy trends in the post-communist states if we have no idea on the penal legislation in these countries, on trends in crime combat and prevention or the current shape of the penal policy, including in particular penal code reforms that are being developed or implemented? We would naturally say no. The author, however, attempts to prove that such an analysis is possible provided one has access to relevant statistical data. The data are contained mainly in three publications: European Sourcebook of Crime and Criminal Justice Statistics, Penological Information Bulletin and Atlas przestępczości w Polsce [Overview of Crime in Poland]. For the purposes of this paper, the data were significantly modified not to include some of the post-communist states. For various reasons, mainly due to the data credibility and completeness, the author focussed only on ten such states, i.e. Croatia, Czech Republic, Estonia, Lithuania, Latvia, Poland, Romania, Slovakia, Slovenia and Hungary. Some comparisons also include Bulgaria. Firstly, an analysis of the data shows that the common characteristics of the post-communist states under discussion are their high crime levels, both in terms of dynamics and prevalence. An exceptionally high level of crime risk is also displayed in the victimological research results. Secondly, a comparison of crime reporting levels clearly shows that the crime level in our region is actually much higher than police statistics might suggest. This is also confirmed by the results of nationwide Polish research held every four years within the International Crime Survey. We usually are one of the last countries in terms of crime reporting levels. It seems that people in our region are generally quite reluctant to report crime (due to our mistrust in police effectiveness), which makes our official crime statistics extremely unreliable. Therefore, while victimological research in the Western European countries may be treated as an interesting alternative to police statistics (and we actually could do without the latter), in our region, such research is a must. Thirdly, due to the extremely unreliable police statistics, it is essential to initiate victimological research in the countries of our region, and ideally to include them in the International Crime Survey. Without reliable victimological studies, we will have to rely on the police data that sometimes seem to be a tactless joke. The author's analysis, although not aimed at establishing any general rules, but rather at clearly describing the facts, naturally brings some obvious conclusions. The first conclusion is that all the former Soviet bloc countries were characterised by high crime levels at the turn of the 21st century. And the times are not conducive to softening penal repressions, which makes it obvious that most states under discussion continued their rather harsh penal policy compared to the Western countries. Poland was an interesting exception with its new and extremely liberal penal legislation having been introduced in the period of an extremely sharp crime growth. However, the author underlines that these developments had fortunately little influence on the judicial practice, all the more so since the main legislative and judicial changes to ease penal repressions had been introduced earlier. In other words, already before 1997 when the new penal codification was adopted, we had reached a dead end in crime policy liberalisation and there was no space left for more such changes for fear of mass protests and riots. The fact that the new and much more liberal penal code did not bring significant changes in the judicial practice proves the advantage of the judicial opinion over penal code solutions. This means and is clearly confirmed in the Polish experience that the form of penal legislation is much less important (though not unimportant) than specific judicial practice. All the states under analysis still show a disastrous structure of the length of unsuspended prison sentences. On the one hand, the shortest terms (up to one year, or even six months) are used too rarely, and on the other, too seldom are also the relatively long terms of ten and more years of prison. That makes sentence diversification seem insufficient. In all the states under discussion, the dominating group of imprisonment sentences are those from one to three years, which is inefficient from the criminology perspective, quite costly, and leads to the overpopulation of prisons. Therefore, it comes as no surprise that all these countries have such high imprisonment rates per 100,000 inhabitants.
Źródło:: Archiwum Kryminologii; 2006, XXVIII; 67-94
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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