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Wyświetlanie 1-15 z 15
Tytuł:
Osoby niejednokrotnie przebywające w izbie wytrzeźwień
Individuals Taken Repeatedly into a Detoxication Centre
Autorzy:
Batawia, Stanisław
Powiązania:
https://bibliotekanauki.pl/articles/699218.pdf
Data publikacji:
1974
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
nadużycie alkoholu
izba wytrzeźwień
abuse of alcohol
detoxication centre
Opis:
In Poland we have at present in towns 29 detoxication centres with 1,226 beds; people found by the police in public places in a state of intoxication are more and more often taken to detoxication centres instead of being arrested and taken into custody (a stay in a public place in the state defined as state of drunkenness is in Poland not subject to penalty). Between 1966-1972 from 60 to 70% of those arrested for drunkenness were throughout the country sent to detoxication centres and not taken into custody. The average annual number of men placed in the Warsaw detoxication centre in the years 1968-1970 amounted to approximately 27,550 and that of women to 1,500. The number of men taken to the centre for a second time during the course of a year amounted to approximately 4,200, and three or more times – 4,500; the number of women placed in a centre for the second time during the course of one year amounted to approximately 200, for the third time or more – to approximately 500. The category of individuals taken to a detoxication centre several times during the course of one year thus is substantial. There were 32%  of men with a least two such stays, and 40% of women from among the total number people taken to the centre. This category of individuals is called habitual drunkenness offenders, which, as we know, exists in many countries. Selected as a sample for the studies, discussed here were not individuals who had repeatedly been taken to the detoxication centre during the course of one and the same year. The idea was to eliminate those individuals as to whom we were sure that they were alcoholics. The research, conducted in 1970 in the detoxication centre in Warsaw by the Department of Criminology of the Polish Academy of Sciences embraced that category of men who during a period of over five and a half years were at least three times taken there and the category of women who during the period of five and a half years were taken there at least twice. Each individual, listed in 1970 by the detoxication centre, in the order they were entered in the book, was checked from the beginning of 1970 in the centre’s records for the past five years (1965-1969) and in such a way material was completed on 500 men who during that period had at least been sent there three times and on 250 women sent there at least twice. Among men taken time and again to the detoxication centre there is a large percentage of older people, because in 1970 as many as 50,5% were over 40 and a mere 11.4% were below 30. The median age of these men amounted to 40.2; we find, as is known, similar figures in publications dealing with the problems of alcoholics. Those taken only three times to the centre amounted to approximately one-fourth of the total number of men, those taken 4-6 times accounted for 37%, 7-9 times – 19% and 10 or more times – 20%. Among the latter category of 98 patients of the centre 52 were taken there 10-15 times, 26 – 16-20 times and 20 – 21 times and more. As results from the above those who were only 3-6 times registered by the centre constitute 61% of the total number, and without taking into account additional data about arrests by the police of the people whose state of intoxication did not require their isolation in a detoxication centre, the true picture of the extent of deviations in the behaviour of the investigated, caused by intoxication would be distorted. That is why the decision was taken to add to the data related about the frequency of stays in the detoxication centre additional data on arrests by the police of men in a state of intoxication, who had been already registered in the centre three times, four times, six times and 8-9 times; it was not considered necessary to introduce analogical procedures for those listed many times during that period in the centre – from 10 to over 21 times, since it is to be assumed that these as a rule are already alcoholics. Taken into account in this respect was not only the period between 1965-1970, but also later years between 1971-1973, in order to find whether excessive drinking of alcohol by the investigated, causing police intervention, did not get worse. It turned out that only with men registered in the centre three times the percentage of those arrested additionally by the police did not surpass the figure of 33, but with those listed by the centre four times – it already amounted to 48%, six times – 55% and 8-9 times – 53%. This shows that beginning with 4 stays in the centre the percentage of people arrested by the police because of drunkenness already amounted to at least approximately 50%. Taking into account the number of arrests, figuring in police records, it was found that those arrested at least 5 times there, were in turn among those listed in the detoxication centre 3, 4, 6 and 8-9 times: 10%, 30%, 32% and 47%; of those listed 10 and more times: 0, 15%, 14%, and 27%. Thus the studied material is the subject of substantial differentiation if, in addition to stays in the detoxication centre, one takes into account arrests by the police and the number of such arrests. Taken into account additionally were court convictions which makes it possible to answer the question, how many men listed in the  centre until the end of 1973, were neither arrested by the police nor convicted by a court for offences, as a rule committed in a state of intoxication. Of such former patients of the centre, without the behaviour patterns, referred to and connected with excessive drinking of alcohol, there remained at the end of 1973: among those listed in the centre 3 times – 44%, among those listed in the centre 4 times – 38%, among those listed in the centre 6 times – 25%, among those listed in the centre 8-9 times – 31% . Distinctly noted was an intensification of deviations in the behaviour in a state of, intoxication in the examined individuals during the course of the last three years (1971-1973). At the end of 1973 over 50% and 60% of the investigated with previous 3 and 4 stays in the centre and approximately 70% beginning with 6 stays in the centre, may without any special objections be considered alcoholics. It should, however, be borne in mind that there exists a large category of alcoholics whose systematic drinking alcohol to excess does not cause a behaviour that requires the intervention of the police and that is why, in regard even to these individuals among the investigated with whom, in addition to frequent stays in the detoxication centre, no other additional negative features were noticed, the suspicion that they may be alcoholics, is nevertheless justified. In this study under discussion here, during which no individual, psychological and medical investigations or environmental research were carried out, these problems could not be properly clarified. 82% of the men who more than once were brought to the detoxication centre were blue-collar workers and only 8.5% – white-collar workers. 63% had regular jobs and 31% worked from time to time or did not work at all (information regarding work is, however, not based on reliable data). The percentage of those who are not working (and those working from time to time) increases together with the number of stays in the centre; amounting to: 18% of those listed three times in the centre, 22% – 4-6 times, 39% – 7-9 times and 55% – 10 times and more. 50% of the men were not convicted by courts, 20% – were once convicted, 16% – 2-3 times and 14% – 4 times and more. Together with the growing frequency of being registered in the centre there also grows the percentage of those convicted by a court   from 42% (3 times listed in the Centre) to 66% (in the group listed 10 times and more). 62% of the men registered in the centre as “not working” were convicted by a court, 69% – of those working from time to time and 40% – of those who were working regularly. Studying the group of men who had been convicted it was found that the late beginning of convictions, only when they were already 30 and more, is found with 31% of those convicted who are 30-39 years old and with as many as 65% among those who are 40-49; in the group with convictions when 50 and older – the first convictions occurred after 50 with all of them. Among the total with convictions only 18% were first convicted when below 21. However, among those offenders who were first convicted at the age of 17-20 we find the largest percentage (4l%) with later convictions amounting to 4 and more. Markedly smaller numbers of the men over 40 have been convicted than is the case among the younger age groups (p < 0.001). However, the percentages of recidivists, convicted 4 times and more are similar in the various age groups, beginning with the age of 30. The above-mentioned data testify above all to the fact that the majority (70%) of men listed time, and again in the detoxication centre, whose median amounted in 1970 already to 40.2 years, either had not previously been convicted at all (50%) or had faced charges only once (20%), while the category of recidivists with multiple convictions is not numerous (14%). The results of studies also testify to the fact that approximately 45% of the total number of those convicted, faced charges for the first time only when they were already 30 years old. Dealing with data on the delinquency of those convicted by a court once and 2-3 times, it was found, that in the structure of their delinquency offences against property did not surpass 22% and 23% of all the offences committed, and offences with physical or verbal aggression and other offences, as a rule also caused by insobriety, amount respectively to 68% and 60% of the committed offences. Among a small group of recidivists, convicted at least 4 times, only 45% of the recidivists committed mainly or exclusively offences against property (larcency), while in the case of 48% there dominated offences with physical and verbal aggression. To the typical offences, with physical aggression belong acts that are not particularly dangerous, such as slight bodily injury, “il-treatrnent of family members” and assaults upon policemen. Within the group referred to above only a very small sub-group of the recidivists with multiple convictions, who committed mainly aggressive acts caused by insobriety, can also found crimes in the form of more serious aggressive acts, such as robbery, serious bodily injuries, brawls, combined with the use of a dangerous instrument. Despite this, even among recidivists with severe degradation there is only an insignificant number of such recidivists who committed at least four offences combined with physical aggression ‒ there were only 7 out of 67 ‒ 10.4%; they constitute a mere 2.8% of the total of convicted persons. The group of recidivists with severe degradation and at least 4 convictions accounts for no more than 28% of the total number of those convicted; the deliquency of the remaining men who are frequently listed in the centre is rather a marginal phenomenon. During the past three years (1971-1973), side by side with the intensification of alcoholism there could be noticed among the investigated an increase in the percentage of those with convictions in the group listed 3 times in the centre from 42% to 49%, in the group listed 4 and 6 times from 44% to 57%  and 62% and in the group listed 8-9 times from 53% to 62%. But the structure of the offences did not undergo any changes ‒ petty offences, that socially are less harmful and caused by insobriety, predominate. Out of the 250 women, listed at least twice in the detoxication centre during the period of 5 and a half years, have been set apart 128 women noted in police records as prostitutes (P) and 122 women about whom such data were lacking (NP). 70% of the P were listed at least 4 times (32% ‒ eight  times or more). 60% of the NP were registered only twice (14% at least 8 times). The prostitutes are younger than the remaining women ‒ the age median of P arnounted to 35.4 years, that of NP ‒ 42.3 years. 48% of the women with the symbor “P” were below the age of 35 years, 24% of the NP. Among the NP as many as 30% were already 50 years old and more (among the P 13%). Those who are not prostitutes thus are considerably older, but among the prostitutes, too, are women from the age groups above 35 years. (Note that while in 1970 there were among the total number of prostitutes, known to the police throughout the whole country, 44% who were at least 31 years old, as many as 73% of the studied prostitutes registered in the Warsaw detoxication centre were at least 30 years old). Prostitutes were often arrested by the police because of drunkenness – only 30% were arrested less than 10 times, 34% from 10 to 29 times and 27% ‒ 30 times and more. Only 32% of those who were not prostitutes were arrested during this same period because of drunkenness, in the following 3 years (1971-1973) ‒ 34% and among the total of the arrested 56% were arrested only 1-2 times and a mere 22% ‒ 10 times and more. Women listed time and again in the centre have much worse data related to education and work than men, listed there from time to time. Among P there were 20% of women with incomplete primary school education, and NP ‒ 39%; 69% of the women had no trade, including P and NP; not working (or working only from time to time) were 72% of the P and 60% of the NP. Data regarding convictions testify to the fact that 64% of those who were not prostitutes had no convictions and only 6% NP were convicted by a court four and more times. Only 28% of the prostitutes had no convictions, 22% were convicted once, 20% ‒ 2-3 times, and 30%, four times and more. The first convictions at an age below 25 were found with 40% of the prostitutes and only with 11% of the NP, 31% of the P had their first conviction at the age of 30 and 7l% of the NP. Those who were not prostitutes as a rule had no convictions and among the few who had faced charges, the beginning of delinquency took place only after 30 (with approximately 30% ‒  only after 40). In the delinquency structure of P as well as NP larcency constitutes only 36% and 33%; undoubtedly this mainly means stealing from men. Most of the offences committed by P and NP are not serious. The material about women obtained from the detoxication centre points to their marked social degradation, probably reaching back to the period preceding their turning into alcoholics and also indicates the deepening of their social degradation, together with age and the intensification of their alcoholism.   *   The results of the research under discussion testify to the fact that the majority even of those who were registered less than 10 times during those five and a half year in the detoxication centre, are certainly already alcoholics. Studies revealed that in addition they had been frequently arrested by the police for drunkenness (though not isolated in detoxication centres) and had faced courts, charged with typical offences for people drinking alcohol to excess. Thus, even less frequent stays in a detoxication centre should already be an indication for the health and social care service to intervene, in order to find alcoholics requiring treatment.
Źródło:
Archiwum Kryminologii; 1974, VI; 70-107
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
O efektywności prawa karnego, ciemnej liczbie, wiktymizacji i rozmiarach narkomanii
On the Effectiveness of Criminal Law, the „Dark Figure” Victimization, and the Scale of Drug Abuse
Autorzy:
Tyszkiewicz, Leon
Kosmowski, Sebastian
Powiązania:
https://bibliotekanauki.pl/articles/699161.pdf
Data publikacji:
2002
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
prawo karne
wiktymizacja
narkomania
criminal law
victimization
drug abuse
Opis:
 The article presents the results of survey research carried out in the Katowice and Chorzów regions (SE Poland). In early 2000 we obtained 414 questionnaires completed by under- and post-graduate students at the University of Silesia’s Law and Administration Department and students of local high schools. The investigation was victimology-oriented, the respondents being asked not only whether they had been victims of crime of various kinds but also whether the perpetrator had been punished. Our premise was that based on measures adopted by Polish criminal procedure the victim of a crime was entitled to know of the offender’s punishment, assuming that he had in fact been convicted. Within our sample the predominant group was young people, females marginally outnumbered males, almost all respondents reported average or above-average circumstances, and almost all were also urban–dwellers, the vast majority living in towns with populations of over 100,000. The first question that interested us was the effectiveness of the law, chich is most fully reflected in measurements of absolute effectiveness, that is, the percentage of crimes punished to the total number of crimes actually committed. This umounted to 3.33%. If we deduct the relatively large number of   non-indictable offenses, i.e. not subject to prosecution by the state (e.g. libel and slander) the figure rises to 4.02%. In addition to the absolute effectiveness measure we also calculated a relative effectiveness index. It was the ratio of punished offenses to the total number of offenses reported to law-enforcement authorities by the respondents. In our survey the relative effectiveness index amounted overall to 20.0% and after the elimination of non-indictable offenses to 19.7%. To estimate effectiveness we deducted offenses committed in 1999 on the assumption that the majority of these were too recent for prosecution and conviction to have taken place. Obviously, a crucial influence on measurement of the effectiveness of the law is exerted by the number of offenses reported to law-enforcement authorities. Our questionnaire was designed to allow respondents to adduce the number of instances of victimization in the preceding year and in general without mentioning their location in time. Since the survey was carried out in earlv 2000 the preceding year was 1990. The level of notification of crimes for the whole period in question came in our survey to 15.3% of the total incidence of crime. For 1999 this ratio recorded a count of 13.1% in other words was fractionally lower. After deducting non-indictable offenses these indexes rise to 19.9% and 19.0 % respectively. The most frequently reported crimes were burglaries (58.7%). Next on the list came simple larceny (18.6%) and fraud (18.1%, 29.5% in 1999); no cases of  bribery were reported. A relatively rarely reported crime was robbery with violence (12.2%, 13.7% in 1999). The so-called "dark figure" can be stated in a variety o ways. One is by an absolute number, either broader or narrower. This depends on inclusion in the dark figure of all offenses actually committed or only those which are not reported to the law-enforcement authorities or are subject to private prosecution. Another way of determining the dark figure is by an index- or ratio-based measure. Here, too, there are two possibilities. In the first the number of offenses actually committed per the number punished is calculated. The second estimates the number of offenses actually committed per the number reported. The findings of our survey were as follows. The dark figure for the total number of crimes actually committed and the whole of the period in question amounted in absolute terms to 1,492 and for unreported offenses to 1,263. For 1999 corresponding counts came to 562 and 488 respectively. In index-measured terms the number of offenses actually committed per the number reported amounted for the whole period in question to 6.5 and for 1999 to 7.6, in other words to fractionally more. The number of offenses actually committed per the number punished (after deducting offenses committed in 1999) since it is hardy likely that any of these would already have been punished in early 2000 amounted to 30. Considerable attention was given to determining the structure of offenses committed, reported and punished and to the structure of offenses committed to the injury of different categories of victims (men, women, high school students, undergraduates, doctoral students). Differences were found here. The most significant was that the most frequent victims of offenses against the person are males and persons in the younger age group; the same pattern holds for robberies with violence of which females are only exceptionally the victims (only three cases in the whole the of the material gathered by the survey). By contrast, females and persons in the older age group are the most frequent victims of simple larceny. An in-depth victimologicar analysis yielded the following findings. The coefficient of victimization, that is, the total number of offenses per member of the sample, amounted for the totality of our respondents over the whole period in question to 3.60, though it was much higher for the male and younger age group (5.5 for the former and 7.86 for the fourth-year high school students). In the females group as a whole the coefficient came to 2.40 and was highest in the doctoral students sub-group (3.27). The victimization index is the percentage of the number of crime victims in the whole of the sample. If we subtract the victimization index from 100 we will obtain a percentage measure of the number of persons who have not be victims either of any crime or of a crime of particular kind. For the whole of the sample and the whole of the period in question this index amounted to 76.1%, i.e. the number of non-victimized persons did not exceed 23.9%; for 1999 the counts were 47.1% and 52.9% respectively. The victimization index in the males group amounted to 85.1% for the whole period in question and to 57.8% for 1999; in the females group the analogous counts came to 70,4% and 40.3% respectively. Victimization intensity is a measure which is characterized by the number of criminal acts committed per victim. In our survey it amounted to 4.74 for the whole sample and the whole period covered by the survey and to 2.88 for 1999.  The analogous scores for the males and females group came to 6.46 and 3.68 and for the females to 3.41 and 2.16. An important supplement to victimological investigation is determining an index of victimization variation. It completes the picture provided by victimization intensity. For obvious reasons this measure is calculated only for the whole sample or its subgroup. It illustrates how many kinds of offenses have been committed against the average victim. Victimization variation is calculated by dividing the sum of the number of individuals wronged by particular categories of offenses by the total number of victims among the persons included in the sample. There is a certain relationship between victimization intensity and variation. If intensity equals one, variation also equals one. Aside from this instance variation either equals intensity or is slightly lower. Variation can never exceed the number of the kinds of offenses specified in an investigation. Within these limits the closer the variation index is to the value of variation, the higher the variation of criminality given that intensity is relatively high. If inteisity approaches unity variation, despite the proportionately high level of the index, diminishes. In our survey intensity for the whole group and for the whole period in question amounted to 4.74 and for 1999 to 2.88. In other words, the average number of offenses per victim came overall to almost five, and in 1999 this average came to close on three.The variation measures attained a level of, respectively, 2.38 and 1.58 which means that, overall, victims were wronged on average by two kinds of offenses and in  1999 by between one and tow. The highest intensity occurred in the males subgroup of the high school students group (8.24) which also had the highest variation index (3.46). As for intensity second place was occupied by males in the doctoral students group (8.04), thougt its variation score/count was markedly lower than in the high school students group (2.80). Our survey also indicated the scale of drug abuse. The respondents were asked to state the number of contacts they had  had  with persons using drugs and with dealers or producers of drugs. Within the whole group studied contacts with consumers of drugs were reported by 49.0% of the respondents and contacts with drug dealers or producers by 25.1%.  These contacts were much more frequent among the high school students (67.4% and 39.3% respectively) than among tne undergraduates and doctoral students (27.4% and 8.6%). The survey presented here covered a relatively small group of persons and one drawn from only a single region. Further investigations of this type are essential.
Źródło:
Archiwum Kryminologii; 2002, XXVI; 101-131
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Alkoholizowanie się młodzieży szkolnej (na podstawie badań w szkołach w Bochni w latach 1913, 1967, 1990)
Drinking Habits of School Youth (Based on a Study Conducted in the School of Bochnia in the Years 1913, 1967, and 1990)
Autorzy:
Migdał, Jerzy
Powiązania:
https://bibliotekanauki.pl/articles/699062.pdf
Data publikacji:
1994
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
nadużywanie alkoholu
młodzież szkolna
badania ankietowe
alcohol abuse
school youth
survey
Opis:
The paper discusses the findings of a studv into the structure of consumption of alcoholic beverages by school youth in Bochnia. The findings reflect the situation in that sphere in 1990 as compared to 1913 and 1967. The choice of Bochnia as the area to be examined, and also of the years 1913 and 1967 as the basis for comparisons, was not accidental. Available are the findings of a study of consumption of alcoholic beverages by school youth of that town conducted in 1913 by a district school superintendent J. Ciembroniewicz, and also of a 1967 study conducted by J. Bardach from the Research Center of the Main Board, Social Anti-Alcoholic Committee headed by A. Święcicki. Most of the Bochnia school youth examined in 1990 have the same regional background as the persons examined in 1913 by J. Ciembroniewicz and in 1967 by J. Bardach. Since 1913, and then since 1967, certain cultural and moral transfomations have taken place; yet the changes do not seem to be tooo extensive, the mores so as there was no increase in migration of the population in the discussed area. A possible explanation of this rather low mobility is that, during the decades  covered by this paper, no large undustrial plants were built in Bochnia which would attract people from various regions of Poland, with their different cultural and moral patterns, acting towards transformation of the town’s original social structures. On the other hand, the local industrial plants, the Metallurgical Processing Factory and the Salt Mine in particular, as well as trade and services were developed enough to offer a sufficient numer of workplaces to the  population of Bochnia. In 1913, J. Ciembroniewicz examined 2098 young persons not older than 14. His report makes no mention of the numer of schools included in the  survey, stating only that youth from all types of schools were examined. 1231 boys and 867 girls were the respondents of a questionnaire survey. The extend to which this sample was representative cannot be appraised today for lack of detailed data as to the total school population in Bochnia in 1913. The material gathered by J. Ciembroniewicz should be seen as sufficiently extensive to evaluate the structure of  consumption of alcoholic beverages by the Bochnia school youth of those days. The 1967 study was a questionnaire survey of a sample of children from forms 5 – 8 of all Bochnia elementary schools, aged 14 at the most. The sample  consisted of 1314 persons; 1199 quetionnaires were submitted to analysis. Examined in 1990 were all children of forms 5 – 8 of Bochnia elementary schools present at school on the day of the survey (absent were e.g. the sick children). The sample consisted of 1500 persons, and 1437 questionnaires were analysed (the remaining 63 were rejected for various defects). The basic purpose of the study was: (1) to define the changes in drinking habits and the structure of consumption of alcoholic beverages during the 20th century, and (2) to show the socio-educational effects of the parents’ drinking on the shaping of their children’s attitudes towards alcohol. In all three studies, a questionnaire was used to gather data. The 1990 questionnaire was designed so as to include questions the same as or similar to those asked on 19l3 and 1967. The questionnaire used by J. Bardach, however, was not a verbatim repetition of that prepared by J. Ciembroniewicz. New questions were added, and some of those original were reformulated for precision or written in the modern language. The 1990 author took similar steps. The questionnaires were distributed to the children who wrote their answers by themselves. The findings were as follows:            (1) In 1990 as compared to l967, and in 1967 as compared to 19l3, the proportion of school youth who drank alkoholic beverages went down in Bochnia. This is true for boys and girls alike. In 1913, the proportion of girls who drank nearly equalled that of boys but proved much lower both in 1967 and in 1990.             (2) Considerable changes also took place in consumption of the separate alcoholic beverages. In 1990 as compared to 1967, and in 1967 as compared to 1913, consumption of both beer, wine, vodka was the decrease. The only exception here is a slight growth in the consumption of beer in 1967 as compared to 1913. Generally speaking, however, the proportion of beer drinkers was 2 times lower, and that of vodka drinkers – over 3.5 times lower. This drop between the years 1913 and 1990 was particularly marked in the case of girls: consumption of beer was over 4 times lower, of wine – over 2 times lower, and of vodka – nearly 6 times lower in 1990 as compared to 1913.             (3) Also the frequency of consumption of alcoholic beverages by the youth went down. The later the study, the smaller the proportion of both boys and girls who drank alcohol often and very often. The above concerns respondents of all age groups. (4) In general, the highest proportion of boys always drank in the company of their parents. The exception here is the 1967 sample: the boys then drank most often with their peers. In 1913, 1967, and 1990 alike, the proportion of boys who drank in the company of their parents went down with age. A similar trend was found in the case of boys who drank in the company of other adult family members. What grew with age, instead, was the proportion of boys who drank in the company of their peers, on their own, or together with adults from outside their family. As regards girls, in 1913, 1967, and 1990 alike, most of those who at all drank alcoholic beverages did it in the company of their parents. Striking among both boys and girls is the high proportion of young persons who drank in the company of their peers or on their own. This trend was particularly marked in l967 as compared to 1913. This finding is  the more important as in the case of this group, the role of the family as controller of the alcohol-related habits and particularly the type and amount of alcohol consumed was largely reduced.             (5) In l9l3, 1967, and 1990 alike, most boys drank on church holidays, at festivities, weddings, celebrations of baptism, and parties, that is occasionally. (6) As for the yoith’s contacts with drinking persons, the situation proved much different in 1990 as compared to 1967 and 1913. In 1967 and 1990, 2 times as many boys as in 1913 saw a drink parent or older sibling. In the case of girls, this difference between l9l3, 1967, and1990 is greater still. *      *     * The findings of the 1990 study manifest the occurrence over the years of advantageous changes in the drinking habits and structure of consumption of alcoholic beverages among children up to 14 in small towns.  Interestingly enough, there is a continuous discrepancy between two groups of data: in the period 1913‒1990, there was a regular  decrease in the proportion of young persons who had drank alcohol at least once before the survey while the general extent of alcohol consumption was on a constant increase. These data correspond with national findings which show that today, about 50–60 % of young persons in the discussed age group drink alcohol. In the age15 to 18, as many as over 80% of Polish youth accasionally drink alcohol. The general social knowledge on the harmful effects of drinking is much more extensive today than it was in the early 1900’s. At present, hardly  any mothers use an  alcohol-soaked cloth to calm their babies; hardly any parents treat their thirsty children to a beer during harvest; hardly any fathers have a drink with  their small sons. Such practices did take place earlier in our century. Even if they drink themselves, the parents and educators of today are aware of the threats involved in drinking and try hard to delay the children’s first encounter with alcohol. With the child’s growing criticism, the discrepancy between the adults’ opinions and their actual drinking habits noticed by juveniles makes the latter reach for alcohol. Another factor that greatly contributes here is the reduced authority of the family and the growth of importance of a peer group. All these processes are not intensified until puberty, that is after the age of 14. This is not to say, however, that alcohol consumption at its present level is low. After all, the 50 to 60% of  children aged up 14 who at least occasionally drink alcohol constitute a very high proportion.
Źródło:
Archiwum Kryminologii; 1994, XX; 155-176
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Sprawcy wykroczeń o zakłócenie spokoju publicznego w stanie nietrzeźwym
Intoxicated Individuals Responsible for Breaches of the Peace
Autorzy:
Łojko, Elżbieta
Powiązania:
https://bibliotekanauki.pl/articles/699222.pdf
Data publikacji:
1974
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
spokój pibliczny
sprawca wykroczenia
nadużycie alkoholu
public peace
malfeasant
abuse of alcohol
Opis:
This work discusses the results of investigations conducted by the Polish Academy of Sciences Department of Criminology, concentrating contraventions (petty misdemeanours) committed in Warsaw by “disturbance of public peace or by giving rise in a state of intoxication to indignation in a public place or place of work”. Such contraventions were covered by Art. 27 of the 1954 Act on Fighting Alcoholism, which provides for three months of imprisonment or a fine of 4,500 zlotys. As from 1972, the new Contravention Code makes the following provisions for such offences (Art. 51). Para. 1. Whoever disturbs peace, public order or night rest with shouting, noise, alarm signals or other disorder or gives rise to public indignation is liable to two months imprisonment, a fine up to 3,000 zlotys, or a reprimand. Para. 2. If the act designated in para. 1 is of the nature of hooliganism or if the offender committed it while intoxicated he is liable to three months imprisonment, to limitation of personal freedom, or to a fine (up to 5,000 zlotys). The average number of those annually convicted in Poland of disturbing the peace while intoxicated amounted between 1970-1972 to ca. 167,930, and between 1965-1967 to ca. 122,900. The average annual number of individuals convicted in Warsaw between 1970-1972 amounted to ca. 14,730, and between 1965 and 1967 ‒ to 11,800. Investigations were conducted in 5 out of 7 Penal Administrative Commissions (bodies of citizens empowered to deal with contraventions), under the auspices of the Boards of People’s Councils and involved some 900 men, convicted in 1967 of the contraventions indicated above. Data concerning all of them were collected from official records of convictions and prison terms up to the end of 1972. A random sample of 300 (out of those 900) were investigated as regards further sentences passed by Penal Administrative Commissions during the years 1967-1972 for new cases of breach of the peace while intoxicated, information as to time spent in detoxication centre (where drunks are held until sober), and police records of arrest in public places in a state of intoxication of those investigated. Data obtained concerning the number of cases tried by Penal Administrative Commissions cannot be considered as complete. The age of individuals who committed relevant offences in 1967 was as follows: 17-20 ‒ 10.8%    (96),            35-39 ‒ 14.6%            (127), 21-24 ‒ 11.2%  (100),             40-44 ‒ 10.3%           (90), 25-29 ‒ 17.8%  (158),             45-49 ‒ 6.5%  (58), 30-34 ‒ 19.5%  (175),            50 and over ‒ 9.3% (83).             Note that the group from 40 years old and above is more numerous (26%) than the group aged 17-24 (22%). The average age of those investigated in 1967 was 33 years, the median ‒ 32 years. The average age of those investigated in 1972 was 38 and the median ‒ 37. During the five years between 1967 and 1972 out of the 300 men of the random sample, 59% were only once charged with disturbing public order while intoxicated, 17% ‒ twice, 9% ‒ 3 times and 16% ‒ 4 times or more. But taking into account additional information about detainments in detoxication centre, arrests by the police in public places while intoxicated, and also criminal records, it appears that during the cource of five years only 20% of those investigated, who were only once charged before a Penal Administrative Commission for disturbing public order, did not, while intoxicated, get into such trouble as involved police intervention. Note that 34% of those tried once by the Penal Administrative Commission has been convicted by the court, and as many as 71% of those tried at least twice. Conviction by regular courts of those investigated will be discussed briefly at the end of this summary. Taking into account, in addition to, arraignments before a Penal Administrative Commission, only detainment in detoxication centre and arrest by the police for being intoxicated, the situation is as follows: ‒ among those arraigned before a Penal Administrative Commission only once for disturbing public order, arising out of intoxication, further cases of police intervention on grounds of insobriety were recorded during the course of five years as concerning 53%; ‒ among those twice convicted by a Penal Administrative Commission, police intervention more than twice was recorded as regards 81% of those investigated; ‒ among those convicted three times by a Penal Administrative Commission, police intervention more often than three times was recorded as regards 96%, and among those convicted four times and more by Penal Administrative Commission, there were none with less than 5 cases of police intervention. Police intervention at least as many as six times was depending on the number of convictions for contravention due to intoxication (1, 2, 3 and 4 and more convictions by the Penal Administrative Commission) as follows: 12% ‒44% ‒69% and 92%. Police intervention at least as many as ten times necessitated by intoxication ‒ 5% ‒ 10% ‒ 19% and 50%. 4l% kept altogether out of a detoxication centre during the fiveyear period, 20% were there once, 9% ‒ twice, 15% ‒3-4 times and 15% ‒ 5 times or more. Among those investigated who kept altogether out of a detoxication centre was a significantly larger percentage of people with only one case of arraignment before a Penal Administrative Commission. Among those appearing on the records of detoxication centre there were also some who had in addition been arrested by the police for intoxication (without having been sent to detoxication centres). Note that, together with the increase in the number of convictions by a Penal Administrative Commission, there is also a marked growth in the percentage of those conveyed to detoxication centre ‒ from 50% to 73%. Taking into account data on offenders tried by courts from the time they were 17 years old till 1972, when their average age amounted to 37 years, it was found, that 50% of those who disturbed public order while intoxicated, had not yet been convicted by courts, 19% had been convicted once, 19% ‒ 2-3 times and 12% ‒ at least 4 times, There is a significant difference between those not convicted and those convicted by a court, depending on the number of their arraignment in a Penal Administrative Commission. While 75% of those investigated who had not been convicted by a court had been tried by a Penal Administrative Commission only once, this applied only to 40% of those who had been convicted by a court; only 5% of those not convicted and 27% of those convicted by a court had been arraigned before a Penal Administrative Commission 4 times or more. Together with the number of triars by penal Administrative Commission there is a decrease also in the percentage of persons not convicted by a court, while the percentage of individuals convicted once increases from 16 to 24, of those convicted 2-3 times ‒ from 13 to 28 and of those convicted 4 times and more ‒ from 5 to 27. Examination of the age at which those investigated were first convicted by a court, revealed that in the group of those convicted 1-3 times by a court, 25%  had been sentenced for the first time at the age of 17-20 years, 25% at the age of 21-24. Of those convicted 4 times or more, 38% had been sentenced for the first time when 17-20 years old and 26% at the age of 21-24. Thus, there were more recidivists with multiple convictions among those arraigned for the first time when still under 21. As many as 38% of those convicted less than 4 times and 19% of those convicted 4 times or more were arraigned for the first time after the age of 30. Note that only 18% of delinquents between 17 and 20 had been charged in the Juvenile Court while under 17. Although as regards the group of recidivists convicted 4 times and more it was found that there had been convictions at an earlier age than was the case with those convicted 1-3 times, nevertheless this initiation was markedly later than was the case with the typical multiple recidivists who were previously investigated by the Polish Academy of Sciences Department of Criminology. Among those recidivists as many as 67% had been previously convicted when under 21; among those who disturbed public order while intoxicated and were convicted by court, the corresponding percentage is 37%. The structure of offences of the individuals investigated, is highly characteristic of people who systematically consume alcohol to excess. Among the offences for which those investigated were convicted by courts less than 4 times, only 24% were qualified as offences against property, while as many as 46% were offences involving aggression (as a rule physical aggression) ‒ with a predominance of minor assaults without causing any bodily harm and slight bodily injuries or assaults on policemen, as a rule committed under the influence of alcohol. Even among offences of which were convicted recidivists who had already previously been sentenced at least four times, not more than 33% stole, while as many as 51% committed offences involving aggression (of the kind of those already referred to). Offences against the person committed by all those investigated were usually (80%) minor assaults and slight bodily injuries; not more than 13% lead to serious crimes of this type. In analysing data on offences committed by those investigated it should be borne in mind that 52.5% of the total of those responsible for breaches of the peace while under the influence of alcohol had not been previously convicted by a court and approximately 20% have been convicted only once.   *   The research here discussed, covering a five-year period after a hearing in 1967 before a Penal Adrninistrative Commission and serving as a starting point for further studies, revealed trends of some practical importance: ‒ together with the growing number of trials of breach of the peace while under the influence of alcohol, there is an increase in the numer of individuals investigated who were brought to detoxication centres, in the frequency of such occasions, and in other interventions by the police; moreover records show a growing percentage of those convicted by courts and of recidivists, convicted four times or more; – the percentage of individuals investigated who have to be taken to the detoxication centres shows an increase from 50% in the case of those only once arraigned before a Penal Administrative Commission to 71% with the case of those arraigned twice, and 73% of those charged at least three times in the Commission; – as from the second trial of an individual before a Penal Administrative Commission an intensified deterioration is to be observed in behaviour as a result of excessive consumption of alcohol; this justifies classifying such individuals as excessive drinkers, in many cases already on the verge of alcoholism or even already alcoholics.
Źródło:
Archiwum Kryminologii; 1974, VI; 51-69
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
The Criminal Law Issues of the New Polish Law Counteractive of Drug Abuse
Autorzy:
Krajewski, Krzysztof
Powiązania:
https://bibliotekanauki.pl/articles/43436842.pdf
Data publikacji:
1998-12-31
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
intoxicants
drug addiction
narcotics
psychotropic drugs
criminal liability
criminal law
offense
drug abuse
Źródło:
Droit Polonais Contemporain; 1998, 1-4; 101-115
0070-7325
Pojawia się w:
Droit Polonais Contemporain
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Cudzoziemcy jako sprawcy znęcania się i zgwałcenia w kontekście przemocy „honorowej”
Foreign Nationals as Perpetrators of Physical Abuse and Rape in the Context of Honour Based Violence
Autorzy:
Woźniakowska-Fajst, Dagmara
Powiązania:
https://bibliotekanauki.pl/articles/698636.pdf
Data publikacji:
2016
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
cudzoziemcy
sprawca znęcania się
sprawca zgwałcenia
przemoc
kryminologia
foreign nationals
physical abuse
rape
violence
Opis:
The number of foreign nationals convicted of physical abuse in the period spanning 2004–2012 was around a dozen cases a year. The percentage of convicted foreign nationals in comparison with Poles indicted with the offence described in the provisions of Article 207 of the Polish Penal Code, was very low, i.e. 0.1%, throughout all the years studied. In the years 2004–2012, foreign nationals in Poland were convicted of 145 physical abuse offences. The perpetrators originated from 34 countries. Most of them came from Ukraine (24%), followed by Russia (12%) and Germany (7%). In the period under study, 8 convictions were secured for Armenian nationals, and 6 for Rumanian and Turkish, respectively. It should be noted that in the case of physical abuse, the aggrieved parties were mainly family members, spouses, and partners, but also children and the elderly, as well as the persons physically dependent on others for assistance in their activities of daily living (e.g. persons with disabilities). The relevant statistical data may readily be augmented by the materials gathered in the course of analysing the court’s records. Among the persons indicted for physical abuse, women are seldom the perpetrators, as only two were found in the cases analysed (28 offenders were male). The aggrieved parties were not their partners, though, but dependent individuals. The most numerous groups of perpetrators found in the court files included Russians (7 offenders) and Ukrainians (5). 7 offenders were EU citizens. Single cases were represented by other nationalities (2 Armenians, 2 Azerbaijanis, 2 Tunisians, 1 Belarussian, and 1 Iraqi). Much as in the case of other aggressive acts, numerous instances of physical abuse were related to their perpetrators’ inebriation. 18 offenders (i.e. almost 2/3 of the indicted ones) were under the influence of alcohol. The main motive of domestic violence was (besides alcohol abuse which seemed to directly trigger the outbursts of violent behaviour), some sort of conflict between family members in conjunction with an inability to alleviate it or resolve by other means. In the case of persons applying for a refugee status, long-term frustration was also found to be a contributing factor. Immediate family members of, i.e. wife, partner, children, and stepchildren aged 1–17 usually fall victim to domestic violence. In the case files under examination, a majority of the wronged women were of Polish nationality (23), 4 were Chechens, and one was an Azeri woman. In the majority of cases, where the perpetrator came from a country where Islam is the dominant religion (the perpetrator’s religious denomination was not mentioned in all the cases) and the victim was a Polish woman, it was hard to determine whether domestic violence has cultural reasons. These cases in no way differed from those in which the perpetrators were men of European origin. The actual percentage of foreign nationals convicted of rape in relation to the total number of convictions secured in pursuance of the provisions of Article 197 of the Polish Penal Code varies in the respective years of the period under study, ranging from 0.5% (in 2008) to over 2% (in 2012). The number of such convictions with regard to Polish nationals has been steadily decreasing, while remaining fairly stable in the case of foreign nationals (ranging from 4 to 17 per year). In the period spanning 2004–2012, foreign nationals in Poland were convicted of 88 rapes, their perpetrators originating from 29 countries. Over nine years, usually only one or two instances of convictions for rape were related to respective nationalities. Most convictions involved Ukrainians (20%), Bulgarians (17%), and Germans (8%). Romanian citizens were convicted in five cases, while Armenians and Russians 4 times each. A rich source of data on the perpetrators are the court records of criminal cases. In those studied, 18 perpetrators were revealed, all men. It would be rather hard to speculate, though, on any apparent regularity regarding their nationality. In that particular group, the most numerous were the Ukrainians (3). Otherwise, the group comprised single representatives of Russia (Chechen extraction), Tunisia, Morocco, Belarus, Syria, Algeria, Iran, Armenia, and the United States. Six offenders were EU citizens. The reason for a sexual assault was primarily the drive to satisfy one’s sexual desire, which in more than half of the cases was also related to alcohol abuse by the perpetrator. The statistics on the total number of rape offences committed by foreign nationals also differ in terms of the actual location where the rape was perpetrated. The majority (10) of offences described in the records studied took place in apartments and houses (as indeed it usually happens in all cases of reported rape in Poland), but open public spaces (e.g. streets, fields, woodland areas) made up an equally significant category (10 cases). In all cases the aggrieved parties were women, all of them of Polish nationality. They were mostly young or very young women. The youngest victim (of attempted rape) was 11 years old, while the oldest was 32. As with most cases of rape, one rule seemed to prevail throughout, i.e. first and foremost the victims of rape were personally known to the perpetrator. Out of the 20 identified victims, 12 knew the rapist, and 6 of them were members of the perpetrator’s family. In terms of the analysed records, minor victims appeared relatively numerous, also in view of the fact that the two perpetrators raped several girls. In no instance of rape of very young girls was the cultural aspect ever mentioned. In none of those cases was a young girl forced into marriage, or was cultural consent granted to having a sexual intercourse with a minor. Summing up the issue of foreign nationals as the perpetrators of physical abuse and rape, especially in the context of honour based violence, it is clear that currently such acts do not seem to have been committed mainly by the Muslims. Since foreign nationals residing in Poland mostly come from the neighbouring countries (predominantly Ukraine), they are by far the most visible as offenders. As far as the cases of rape are concerned, as referenced in the criminal records under study, the perpetrators’ mode of operation did not differ with respect to their nationality. In the case of foreign offenders, a substantial number of rape victims were very young girls, although this was in no way related to cultures that accept and promote child marriage or forced unions. All the perpetrators originated from our own cultural background.
Źródło:
Archiwum Kryminologii; 2016, XXXVIII; 321-345
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Wnioski wynikające z badań
Autorzy:
Batawia, Stanisław
Powiązania:
https://bibliotekanauki.pl/articles/699226.pdf
Data publikacji:
1974
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
sprawca przestępstwa
sprawca wykroczenia
nadużycie alkoholu
perpetrator of an offence
malfeasant
abuse of alcohol
Źródło:
Archiwum Kryminologii; 1974, VI; 108-127
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Sprawcy przestępstw i wykroczeń systematycznie nadużywający alkoholu
Excessive Drinkers and Alkoholics Convicted of Offences and Contraventions
Autorzy:
Szelhaus, Stanisław
Łojko, Elżbieta
Batawia, Stanisław
Powiązania:
https://bibliotekanauki.pl/articles/962245.pdf
Data publikacji:
1974
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
sprawca przestępstwa
sprawca wykroczenia
nadużycie alkoholu
perpetrator of an offence
malfeasant
abuse of alcohol
Opis:
The printed elaborations, in this part of the Archives, contain the re sults of research conducted by the Department of Criminology, Institute of Legal Sciences, Polish Academy of Sciences  anfddeal with three categories of people: ‒ 564 offenders were qualified as having committed acts of hooliganism in Warsaw, in 1964, in an inebriate state, acts combined with physical aggression on people unknown to the offender; further delinquency of these offenders is checked during the course of eight years; ‒ approximately 900 who were in 1967 charged with “disturbance of  public peace or indecent behaviour in a public place,, (Art. 27, decree on fighting alcoholism); out of a random sample of 300 delinquents charged with these offences, information was obtained regarding their further appearances in court  (Penal Administrative Commission) for the period of five years (till the end of  1972), arrests by the police while intoxicated and court convictions; ‒ 500 men and 250 women, listed in detoxication centres at least three times (women twice), during the period of over 5 and a half years till the second half of 1970, about whom information was gathered, regarding also other arrests by the police while intoxicated, ending up in the detoxication centre, as well as information about their court convictions; with part of  the cases information was obtained about the follow-up period of the investigated during the years 1971-1973. The above-mentioned three categories were taken into account, because research was to embrace only those offenders who while committing the offence were intoxicated. These examinations were to reveal the dimensions of heavy drinking and of their delinquency. Research conducted by the Department of Criminology so far which took into account alcoholism, dealt with people, mainly from among young adult and adult recidivists marked by serious social degradation. Efforts were made to find out whether and since when they were drinking alcohol to excess and to what extent they were alcoholics. Taken into account was the category of recidivists, revealing symptoms of alcoholism. This research concentrated on various individuals where one actually could expect the possibilities of frequent or systematic heavy drinking, but in regard to whom no information was available regarding the frequency of deviations in the behaviour of the investigated under the influence of alcohol, as well as data about their delinquency, neither its intensification nor the type of offences committed. Despite the fact that it was impossible in the studies presented here to conduct individual psychological and medical examinations, or environmental research, nevertheless the collected large amounts of material seem to enable us to get an idea about the phenomenon of a large scope and social significance. Together with the increase in excessive drinking of alcohol in many countries there also emerges the category of people having conflicts with the penal code while intoxicated and of people charged with disturbance of public peace. There are relatively few studies of this large population, committing as a rule minor offences. Initiating such research the Department of Criminology, Institute of Legal Sciences, Polish Academy of Sciences intended above all to find out how often various categories of persons, committing typical offences connected with drunkenness, are “problem drinkers” with intensified symptoms of deviations in behaviour and how many of them have already to be considered alcoholics. Such findings can be most significant when planning campaigns, aimed at revealing at an early stage cases requiring the interference of institutions set up to fight alcoholism, in order to prevent in such a way the spreading of certain offences and crimes.
Publikacja posiada następującą strukturę: Wstęp I. Stanisław Szelhaus: Sprawcy przestępstw o charakterze chuligańskim II. Elżbieta Łojko: Sprawcy wykroczeń o zakłocenie spokoju publicznego w stanie nietrzeźwym III. Stanisław Batawia: Osoby niejednokrotnie przebywające w izbie wytrzeźwień IV. Stanisław Batawia: Wnioski wynikające z badań
Źródło:
Archiwum Kryminologii; 1974, VI; 15-123
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Wieloletnie zaginięcia osób jako efekt działań przestępczych
Autorzy:
Urbaniak, Agata
Powiązania:
https://bibliotekanauki.pl/articles/1788429.pdf
Data publikacji:
2021-07-19
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
zaginięcie
osoba zaginiona
przestępczość
wykluczenie społeczne
przemoc domowa
disappearance
missing person
crime
social exclusion
home abuse
Opis:
Artykuł dotyczy zjawiska zaginięć osób, które ze względu na swoją wielopoziomowość rozpatrywane może być także przez pryzmat kryminologicznych sprzężeń. W artykule skupiono się na potencjale zaginięć wieloletnich w szacowaniu ciemnej liczby przestępstw, w tym tych dokonanych bezpośrednio na zaginionym, oraz tych, których doświadczanie stało się impulsem do podjęcia decyzji o zniknięciu. Zaprezentowano kluczowe wnioski płynące z badań australijskich, brytyjskich i kanadyjskich w zakresie ustalenia przyczyn zaginięć, wiktymności osób zaginionych oraz doświadczania przemocy i zaniedbań jako źródle ucieczek osób małoletnich. Zwrócono także uwagę na zaginięcia inscenizowane o podłożu kryminalnym, będące w rzeczywistości przestępstwami przeciwko życiu i zdrowiu, których ofiara nie została odnaleziona.   The article presents the phenomenon of missing persons, which due to its multidimensional character, can also be considered by the criminogical connections. This article is focused on the potencial of long-term disappearances in estimating the dark figure of crimes, including offences made directly on the missing persons, and offences that has become the impulse for deciding to disappear. It shows an important conclusions from Australian, British and Canadian studies on the causes of disappearances, victimization of missing persons and escaping violence, abuse and neglect by youth. It also point out simulated disappearances, which in fact are may be criminal.
The article presents the phenomenon of missing persons, which due to its multidimensional character, can also be considered by the criminogical connections. This article is focused on the potencial of long-term disappearances in estimating the dark figure of crimes, including offences made directly on the missing persons, and offences that has become the impulse for deciding to disappear. It shows an important conclusions from Australian, British and Canadian studies on the causes of disappearances, victimization of missing persons and escaping violence, abuse and neglect by youth. It also point out simulated disappearances, which in fact are may be criminal.
Źródło:
Biuletyn Kryminologiczny; 2017, 24; 57-72
2084-5375
Pojawia się w:
Biuletyn Kryminologiczny
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Gradacja nadużycia prawa w procesie karnym (zarys teoretyczny)
Autorzy:
Cora, Łukasz
Powiązania:
https://bibliotekanauki.pl/articles/1788313.pdf
Data publikacji:
2019-06-18
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
nadużycie prawa
gwarancje procesowe
uprawnienia procesowe
proces karny
abuse of law
procedural guarantees
procedural rights
criminal process
Opis:
W artykule analizie poddano kwestię nadużycia prawa w procesie karnym z perspektywy realizacji funkcji procesowych orzekania, oskarżenia i obrony. Celem analizy przedstawionej w artykule było określenie gradacji stopnia nadużycia uprawnień procesowych oraz ich wpływu na trafność rozstrzygnięcia w kwestii odpowiedzialności karnej oskarżonego oraz ocena możliwości recepcji koncepcji nadużycia prawa do polskiego procesu karnego. Wykorzystując metodę analizy dogmatyczno-prawnej, wskazano czynniki ryzyka, które wzmacniają zdolność do nadużycia prawa w procesie karnym w różnych sytuacjach i układach procesowych oraz na różnych etapach jego przebiegu. W badaniach podjęto próbę odpowiedzi na pytanie, czy nadużycie uprawnień procesowych jest przesłanką uznania określonej czynności za niedopuszczalną.
The article analyzes the issue of abuse of law in criminal proceedings from the perspective of the implementation of the trial functions of adjudication, prosecution and defense. The aim of the analysis presented in the article was to determine the gradation of the degree of abuse of procedural rights and their impact on the hit decisions regarding the criminal responsibility of the accused and the assessment of the reception of the concept of abuse of the right to the Polish criminal process. Using the dogmatic and legal analysis method, risk factors have been identified that strengthen the ability to abuse the law in the criminal process in various situations and process arrangements and at various stages of its course. In the research, an attempt was made to answer the question whether abuse of procedural rights is a premise for considering a certain act unacceptable.
Źródło:
Studia Prawnicze; 2019, 1 (217); 113-138
0039-3312
2719-4302
Pojawia się w:
Studia Prawnicze
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Nadużywanie alkoholu w biografiach młodocianych toksykomanów
Excessive Drinking in the Biographies of Young Adult Drug Addicts
Autorzy:
Tomczak, Jerzy W.
Zakrzewski, Paweł
Powiązania:
https://bibliotekanauki.pl/articles/699052.pdf
Data publikacji:
1982
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
środki uzależniające
uzależnienie od substancji
młodociani
nadużywanie alkoholu
toksykomania
alcohol abuse
addictive substances
substance dependence
juvenile
toxicomania
Opis:
In the present study the young adult drug addicts are discussed who were included in the multidisciplinary research conducted by the Department of Mental Health of the Polish Academy of Sciences. An attempt is made to reveal the psycho-social mechanisms which cause the co-existence of excessive drinking and taking other drugs causing dependence. This problem is insufficiently elucidated both in Polish and foreign scientific literature. We do not cite here the description of the methods employed in the study of sufficient information is provided for in the summary of the study of the progress of dependence and changes in the social behavior of young adult drug addicts, published in the present volume. Attention should be drawn to a difference in the methods: in the present study, we deal first of all with young adult males. Among girls, excessive drinking does not play any important role, therefore the coexistence of alcohol and other drugs in their life stories occurs comparatively rarely. The phenomenon of excessive drinking occurred in 48 boys - drug addicts, which makes 58% of the total of 83 boys. Excessive drinking generally preceded the taking of drugs; alcohol was also used as a mean to soften the abstinence symptoms due to a temporary lack of the basic drug; drinking resulted also from a futile attempt at withdrawal from an advanced morphine habit. The cases of simultaneous drinking and taking of narcotic drugs in order to achieve more intense experiences were rare, as well as those of alternate drinking and taking drugs; in this last case, it meant that the individual was first of all anxious to strenghten the bonds between the members of the group, not yet feeling any mental nor all the more physical symptoms of dependence on alcohol or other drugs. To sum up, we noted in the large part of the addicts the easiness of changing from narcotic drugs to alcohol and vice versa. The possible general interpretation of these facts is as follows: individuals with certain personality deficiencies are characterized by a low tolerance to defeats, stress and tensions, which causes the need to seek the so-called “mental prothesis” or the desire to change one’s own state of mind. These needs and desires can be aggravated by the intensified symptoms of puberty, among them excessive and inadequate emotional reactions, discontent with one’s everyday duties and necessities, states of depression and dysphoria. Both alcohol and narcotic drugs can soothe these needs on temporarily satisfy them, though naturally not identically nor to the same extent. Therefore, where greater efficiency of reaction is desired, the individual may pass on to narcotic drugs. On the other hand, when the person is first of all anxious to soothe the conflicts with his immediate environment, to avoid pressure by the police and the sentence, i.e., meet with more indulgence on the part of his environment and at the same time to have less problems with purchasing a particular drug, and thus to avoid in future the painful  withdrawal symptoms - in such cases the conversion from morphine or other drugs to alcohol is probable. Among the individuals who had often drunk alcohol before they started taking narcotic drugs, the later reverse to alcohol to soothe withdrawal  symptoms caused by the lack of morphine or other drugs which brought about the state of dependence, is highly probable as the individuals in question already know the influence, of alcohol and the favourable reaction of their organism to it.
Źródło:
Archiwum Kryminologii; 1982, VIII-IX; 389-401
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Nieprzystosowanie społeczne i środowiska rodzinne młodzieży systematycznie nadużywającej alkoholu
The Social Maladjustment and Family Background of Young Heavy Drinkers
Autorzy:
Mościskier, Andrzej
Powiązania:
https://bibliotekanauki.pl/articles/699068.pdf
Data publikacji:
1982
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
nieprzystosowanie społeczne
nadużywanie alkoholu
młodzież
środowisko rodzinne
przestępczość
alkoholizm
nieletni
social maladjustment
alcohol abuse
youth
family environment
criminality
alcoholism
juvenile
Opis:
The present paper is a report on the studies conducted in the years 1975-77, dealing with a group of young regularly excessively drinking men aged 18-25. The population from which the sample was randomly drawn consisted of men aged 18-25 inhabiting 4 of the 7 districts of Warsaw and reported by the district constables of the police as persons regularly excessively drinking (that is, getting drunk more frequently than once a week). The district constables reported the total of 1,273 men meeting the above criteria, which makes about 3% of the number of all men of this age living in these districts. In reality, the percentage of men of this age regularly excessively drinking is probably much higher, as a considerable number of constables stated that they worked in their districts for too short a period to know all the persons living there who would qualify for the study. From the mentioned population, 331 persons were randomly drawn for the study. The materials employed consist of interviews with the mothers of the examined persons and of information from official sources court records, prison files, documents of juvenile courts and detoxication centres. The similar data were gathered as regards all brothers of the examined persons who were also aged 18-25. When beginning the study, it was acknowledged that considering the criteria for the selection of the population, first of all persons with negative family background would be selected and that this very environmental  characteristic would be the main determinant of differentiating the main group from the control group, where the family background - as it was easy to foresee - would be of a more favourable character. It was thus decided to eliminate the influence of family background variable in the selection of the control group, so as to render possible the protrusion - of other characteristics which differentiate the persons regularly excessively drinking from those of the control group. Considering this, the control group was made of all brothers of the examined persons who were also aged 18-25 but were not reported by the district constables as regularly excessively drinking. There were 111 brothers meeting these criteria, and they make the control group in the present study. The first part of the study was to verify if the family background of the examined persons and those included in the control group was indeed as negative as presumed. In this case, the hypnothesis was fully confirmed. Among the 311 families of those examined as many as 166 (53,3%) were one-parent or broken families which dated back to the time when the persons under examination had been minors. The families were in general numerous, average being 3 children per family, while there were 88 (28.3%) families with 4 or more children. For the further characterization of the families the data regarding fathers were employed. It turned out that 158 (50.8%) fathers were regularly excessively drinking; in fact in the majority of cases they were alcoholics. At least 98 (31.5%) fathers were convicted by courts and 91 (29.3%) by the Penal Administrative Commissions. Taking all these three characteristics together, it was stated that as many as 194 (62,4%) fathers were regularly excessively drinking or had criminal records. These data point to the large intensity of pathological phenomena in the families of persons under examination and their brothers from the control group. And yet on the other hand, taking into account the social and professional status (education and profession) of the fathers, their situation in this respect was found better than supposed, though they belonged to the lower social classes. The second part of the study deals with the extent of social maladjustment of persons under examination and their brothers from the control group. Apart from the fact that - according to the principles of sample selection - all the persons should have been regular heavy drinkers, the gathered data were verified in respect of their confirmation of this fact. As regularly excessively drinking the persons were recognized who - according to their mother’s statements - got drunk more often than once a week or had been taken into the detoxication entre. There were 253 (76.4%) such persons in the main group and 44 (40%) in the control group. Also, a category of persons who drank most frequently was distinguished, those who were probably alcoholics. In this category there were included persons who - according to their mothers’ statements - got drunk at least twice a week or had been taken into the Detoxication Centre at least three times. There were 122 (37%) such persons in the main group, and 17 (16%) in the control group. As to the symptoms of social maladjustment, they were decidedly greater in the main group than in the control group, which dated back as far as their childhood. And so, for instance, severe school problems (uncompleted elementary education or repeating classes) were found in 60.7% of the examined persons and in 42.3% of their brothers from the control group. 57.1% of the examined persons and 30.6% of their brothers from control group  committed thefts outside their home and respectively 23.9% and 10.8% were placed in reformatories in consequence of their stealing. The differences in the extent of social maladjustment among both groups increased with age, and grew particularly large in the age of adulthood. And so, as many as 57.1% of the examined persons stayed out of work or worked irregularly as compared with 21.6% of their brothers from the control group. Suicidal attempts and self-injuries were performed by 29.3% of persons under scrutiny and by 9% of their brothers from the control group. There are also obvious differences as to the extent of delinquency in both groups. 42% of the persons examined and only 17.1% of their brothers had action brought against them in Penal Administrative Commissions and 60.1% of the persons examined and 28.8% of their brothers were convicted by court. Taking into account those convicted by court only, the percentage of recidivists was 50.8% in the test group and 46.9% in the control group, whereas the character of delinquency was similar in both groups, the majority being violent offences. Considering the fact that the control group consisted of brothers of the examined persons who were also aged 18-25, the great difference in the occurrence of the symptoms of social maladjustment between the two groups should be emphasized. Considering the decidedly negative character of the family background of both the persons examined and their brothers from the control group, the extent of social maladjustment in both groups could have been expected to be similar. On the other hand, it could be assumed that from the very criterion of selection to the main group - that is, from the information that the person in question regularly drank excessively, while there was no such information as to the brothers from the control group - it appears that alcohol is the factor that causes the larger extent of social maladjustment among the persons examined as compared with their brothers from the control group. However, this argument seems doubtful in the light of the data as to the social maladjustment during childhood, when drinking did not as yet come into question. As early as in the childhood, the persons examined manifested symptoms of social maladjustment to a decidedly higher degree than their brothers from the control group. In thus seems more probable that the larger intensity both of drunkness, and of other symptoms of social maladjustment is based on the personality characteristics, which are revealed in the early childhood. It is, however, beyond the limits of the present study to supply documentary evidence for this argument or to point out - on the basis of the empirical data - some individualistic characteristics influencing the subsequent social maladjustment; it will be accomplished in another study. This problem was, however, worthy of attention, being important for the theory as well as for practice, all the more so as the trend now prevails to take into account first of all the environmental factors in preventive and corrective treatment. The material presented above seems to suggest that the extent of social maladjustment among different persons with equally negative family backgrounds is influenced at least to the same and perhaps even greater degree by individual psychological than by environmental factors.
Źródło:
Archiwum Kryminologii; 1982, VIII-IX; 339-362
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Powrotność do przestępstwa skazanych na podstawie art. 207 k.k. za stosowanie przemocy wobec członka rodziny
Re-offending those convicted under Art. 207 of the Criminal Code for using violence against a family member
Autorzy:
Więcek-Durańska, Anna
Wójcik, Dobrochna
Powiązania:
https://bibliotekanauki.pl/articles/2102952.pdf
Data publikacji:
2022-07-13
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przemoc
art 207 kk
powrotność do przestępstwa
recydywa
domestic violence
effectiveness of correctional and educational programs
abuse
return to prison
perpetrators of violence
Duluth
Opis:
W artykule przedstawiono wyniki badań nad powrotnością do przestępstwa skazanych z art. 207 k.k. poddanych w trakcie pobytu w zakładzie karnym oddziaływaniu programu korekcyjno-edukacyjnego dla sprawców przemocy w rodzinie. W badaniu wzięło udział 182 mężczyzn odbywających karę bezwzględnego pozbawienia wolności w latach 2014-2015 z art. 207 k.k. Po upływie pięciu lat od opuszczenia placówki penitencjarnej przez ostatniego skazanego na podstawie uzyskanych danych z Krajowego Rejestru Karnego oraz systemu elektronicznego skazanych NOE Centralnego Zarządu Służby Więziennej opracowano wskaźnik powrotności do przestępstwa. W perspektywie pięciu lat od opuszczenia placówki penitencjarnej 50,6% badanych powtórnie popełniło przestępstwo, w tym niemalże co czwarty badany (21,4%) do pięciu lat po wyjściu z zakładu karnego powtórnie do niego powrócił. Otrzymane wyniki wskazują na różnice w powrotności do przestępstwa w zależności od tego czy skazany uczestniczył w programie dla sprawców przemocy czy też nie.
The article presents the results of research on the return to crime of convicts under Art. 207 of the Criminal Code subjected during their stay in prison to the impact of a corrective and educational program for perpetrators of domestic violence. The study involved 182 men serving a sentence of absolute imprisonment in the years 2014–2015 under Article 207 of the Criminal Code. After five years from the last convict left the penitentiary institution, on the basis of data obtained from the National Criminal Register and the electronic system of convicts NOE of the Central Board of the Prison Service, a recidivism index was developed. In the experimental group, 37.3% of people were re-convicted within 5 years after leaving the prison, and 55.0% in the control group. The results obtained may indicate differences in the return to crime depending on whether the convicted person participated in the program for perpetrators of violence or not.
Źródło:
Biuletyn Kryminologiczny; 2021, 28; 57-70
2084-5375
Pojawia się w:
Biuletyn Kryminologiczny
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Praca mężczyzn nadużywających alkoholu (przyczynek do dyskusji nad ustawą o postępowaniu wobec osób uchylających się od pracy)
The excessively drinking men and their work (contribution to discussion on the act of dealing with persons evading work)
Autorzy:
Ostrihanska, Zofia
Rzeplińska, Irena
Powiązania:
https://bibliotekanauki.pl/articles/699259.pdf
Data publikacji:
1987
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
mężczyzna
nadużywanie
alkohol
praca
odwyk
uzależnienie
wykształcenie
izba wytrzeźwień
zatrzymanie
problem
zatrudnienie
leczenie
man
abuse
alcohol
work
rehab
addiction
education
sobering-up center
detention
employment
treatment
Opis:
The article presents the findings of a study on the problems of alcoholism related to the Act of 26 October 1982 on dealing with persons evading work. The Act defines the phenomenon of the so-called social parasitism as evading socially useful work and having sources of maintenance contradictory to the law or principles of social coexistence. Men aged 18-45 who have not been employed for at least 3 months, who do not attend any school and are not registered in an employment agency as looking for a job, are obliged to report at the local State administrative agency and to explain the reasons of their unemployment or failure to learn. A nonfulfillment of this duty is a transgression for which a penalty of limitation of liberty of up to 3 months or a fine of up to 50,000 zlotys is provided. There are certain categories of persons who are not liable to this duty: among others, these are the retired or disabled persons, those who receive allowances from the social security fund etc. The reported men are entered in a record of persons evading work. In the case of their further persistent evasion of work, they are liable to further proceedings and various sanctions. They may also be recognized as unemployed for socially grounded reasons. Towards such persons, the Act provides no further special duties, and the administrative agency is obligated to come to their assistance if necessary.             In the present paper, the important problem of whether the legal regulation of the problems connected with the so-called social parasitism is justified, has not been discussed. We have focused on the relation between unemployment and excessive drinking and on the problems and disturbances in employment among excessively drinking men.             The study was aimed at answering the following questions: What is the number of persons with alcohol problems, repeatedly detained in the sobering-up station, among the men registered in District Offices in Warsaw as "evading work"? What is the number of unemployed persons aged 18-45 among those repeatedly detained in the sobering-up station? What is the relation between employment and work on the one hand, and excessive drinking and the entire life situation on the other hand among the above-mentioned men?             The following three groups of men have been included in the study: A. In order to obtain the answer to the first question. records of 2,195 men were examined who had been registered in the seven District Offices in Warsaw within the period from January 1. 1983 till April 30. 1984 as evading work, and their detentions in the sobering-up station were checked. B. The second group of the examined persons consisted of all men aged 18-45 who had been detained in the sobering-up station for at least, the second time on randomly selected days in October and November of 1984 and in January of 1985 (576 persons). Information concerning their employment was obtained from the .records of the sobering-up station based either on their own statements or on entries in their identity cards. C. The third group consisted of 56 patients of the sobering-up station aged 18-45 who had repeatedly been detained; they were examined individually in the period from October 1984 till January 1985.             The examination consisted in a free interview based on a specially constructed questionnaire. The aim of the interview was to obtain information concerning the course of employment and the drinking habits of the examined persons. their possible symptoms of dependence and withdrawal treatments they underwent, family situation and state of health.             From among 2,195 men registered as evading work. one-third had been detained in the sobering-up station at least once. As many as two-thirds of them had been detained repeatedly. A part of the registered men (6.9 per cent) were included at a later date in the list of persons who persistently evade work. Persons detained in the sobering-up station constitute 37 per, cent of those included in the record.             Employment of patients of the sobering-up station was examined in the second of the above-mentioned groups: the 576 men aged 18-45 repeatedly detained in the Warsaw sobering-up station.             Among those patients men aged at least 30 predominated (76.9 per cent). Those detained at least four times were the most numerous (45.5 per cent); there were 20.6 and 33.9 per cent of those detained three and two times respectively. According to expectations, older patients had been detained in the station more frequently than the younger ones.             At the moment of detention in the station, the majority of the repeatedly detained persons (60.6 per cent) were employed at State enterprises; 10 per cent worked for private employers, and 1.4 per cent in their own workshops or farms. 5 per cent were pensioners, 8:3 per cent worked casually, and 14.6 per cent were not employed at all. Therefore, the category of persons who did not work or who worked only casually constituted 22.9 per cent of the examined group, which seems rather a high percentage. It grows still if the category of pensioners is added. amounting then to 27.9 per cent of men aged 18-45 repeatedly detained in the station and to as many as 34.7 per cent of those detained over three times.             56 persons were examined individually. They were somewhat older than the above-mentioned group of 576 patients of the sobering-up station and had been detained there for a smaller number of times.             The essential problem in our study was their drinking of alcohol. 36 per cent of the examined persons stated they had started drinking at the age of 16 at most, while in the case of 33.3 per cent the respective self-reported age was 17-18. As many as two-thirds admitted usually dinking half a litre or more vodka on one occasion. 34.8 per cent admitted drinking daily. It was most difficult to find out whether the examined persons were already alcohol dependent. There were question included in the questionnaire and asked during the interview, that served this purpose. Some of the examined persons were afraid even to admit they drank excessively which was due to the type of work they performed in which abuse of alcohol is not tolerated (first of all in the driver’s profession). Symptoms indicative of dependence were found in 24 of the examined persons (42.9 per cent). A part of them had already started withdrawal treatment in the past, yet they frequently gave it up after as few as several visits. The detention in the station and talks conducted with the patient on release were noticed to be an opportunity for initiating a change in his attitude towards treatment. It seems that the sobering-up station may and should be an important link in the alcohol dependence  treatment system.             Basing on the appraisal of the entire course of employment, the examined group could be divided into two categories: A. those in the case of whom undisturbed performance of work and its regularity was found according to the information obtained (22 persons); B. those who  had been unemployed for long periods of time, worked irregularly, at intervals, and failed to perform work properly (31 persons).             In the category A, two subgroups were distinguished: a. men who usually did not drink excessively or who abused alcohol but to a slight degree, who worked regularly and were relatively well socially adjusted. Their repeated detentions in the sobering-up station seemed to result from various chance situations and from their poor tolerance  of alcohol; b. men who regularly abused alcohol or who could have been dependent on it, in whom however this situation did not influence their performance of work.             In the category B, it was not possible to distinguish any subgroups. In individual cases, joint occurrence of some of the following overlapping problems was found: a. poor performance of work related to excessive  drinking, yet without the symptoms of professional degradation; b. professional degradation connected with alcohol dependence; c. poor performance of work and excessive drinking connected with and resulting from an early social maladjustment; d. unemployment accompanied by a declared reluctance to work in the future which was connected rather with the examined person’s personality traits than with his excessive drinking; e. unemployment due to disability resulting from an accident or illness which made it impossible to perform the former job. Such a situation could have been brought about by excessive drinking, and the present unemployment is a factor that increases these persons alcohol dependence.             Among 2,195 men registered in the Warsaw District offices as evading work, there were 708 patients of the sobering-up station of whom two-thirds had been detained repeatedly. As shown by an analysis of their statements made at the District offices, the reasons of their unemployment varied greatly.             An observation seems justified that the majority of them do work, though irregularly. Among then, 115 were recognized to be unemployed for justified reasons; a very small part of them (20 per cent) asked for assistance of the administrative agency in finding a job through the Employment Department.             The group of 708 patients of the sobering-up station consists of men who may at least be assumed to drink excessively However, the officials who keep the records were poorly informed as to this problem. Further, despite registration and activities of the department for unemployed persons to compel these persons to work' as many as two-thirds of men in this group failed to take a job.             Any action undertaken towards this specific group of men (who were repeatedly detained in the sobering-up stations and were excessive drinkers), proved entirely ineffective, both at the stage of compelling them to work regularly and at that of having them perform public works.             From among 708 men – 26.1 per cent were directed to public works; about three-fourths of them never even reported at work.             The intervention undertaken by means of the Act of dealing with persons evading work seems futile. Some of these persons may perhaps need referring to an alcohol dependence treatment unit, some others - counselling as to the choice and finding of an adequate job; still another part will probably constitute a regular group that is characteristic of any society: u group of persons who constitute a social fringe and live in a way that departs from the norms of conduct accepted in the society.
Źródło:
Archiwum Kryminologii; 1987, XIV; 115-150
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Funkcjonowanie ustawy o postępowaniu wobec osób uchylających się od pracy - wyniki badań
Functioning of the act on the treatment of persons evading work
Autorzy:
Ostrihanska, Zofia
Rzeplińska, Irena
Powiązania:
https://bibliotekanauki.pl/articles/699284.pdf
Data publikacji:
1988
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
robocizna
uchylać się
praca
wolność
wyniki badań
leczenie
osoba
funkcjonowanie
pasożytnictwo społeczne
regulacja prawna
zatrudnienie
ustawa
nadużywania alkoholu
obowiązek
rejestracja
labour
avoid
work
liberty
findings
treatment
person
functioning
social parasitism
legal regulation
employment
law
alcohol abuse
responsibility
registration
Opis:
The Act on the treatment of persons evading work was passed on November 26, 1982 and entered into force on January 1, 1983. The passing of the Act was preceded by a period of heated discussions during which the need for this regulation or objections against it were justified by various social, economic, political legal as well as philosophical reasons. The Act bound all men aged 18-45 (with the exception of some clearly defined categories) who neither work nor learn for a period of at least 3 month and who are not registered in employment agencies as looking for a job to report at the local state administrative agencies and explain the reasons of this state of affairs. Such persons can be recognized as not working for justified reasons (in this case, they should get help if needed) or for unjustified reasons (to such persons the possibilities of taking the job should be pointed out; they should also get help if needed). Man who persistently evade work and whose sources of maintenance cannot be revealed or prove to be contradictory to the principles of social existence, are included in a list of persons who persistently evade work. The law provides for the following legal consequences towards persons who fall under its provisions: a failure in the duty to report is a transgression for which there is a penalty of limitation of liberty  of up to three months; the same penalty is provided for the registered person’s  failure to appear when summoned by the local administrative agency: a failure of a registered  person in the duty to appear when summoned in order to make a statement concerning his sources of maintenances is an offence for which a penalty of limitation of liberty or a fine is provided; the persons who have been included in the list may be obligated to perform the work for public purposes in cases of force majeure or natural calamity that constitutes a serious threat for the normal conditions of the people’s existence; a failure in this duty is an offence for which a statutory penalty is that of limitation of liberty up two years or a fine.             The Act deals with only one of the many and varied problems that result from the broad and multifarious issue of work: the situation of not being formally employed. Employment is connected with the actual policy in this respect, the labour market, and with many economic problems. The passing of the Act and the period of its functioning discussed in the present paper fell in Poland on the days of a profound socio-economic crisis which influences the problems related to employment.             In our study, however, we have taken no account of the above broader issues, focusing on the functioning of the Act: the nation of ,,evasion of work’’ and ,,a person evading work’’ it introduced, the extent of the population that falls under the Act, characterization of the population mentioned the institutions and persons involved in  realization of the Act, ways of dealing with the persons evading work, conformability of the conduct of the Act’s addresses with the model of conduct it includes, appraisal of the degree to which the aims of the Act, as set before it by the legislator have been reached, and the social effects of the law.             The study concerned the functioning of the Act in the capital city of Warsaw. The basic source of information were index cards of all man evading work that had been registered in this territory in the period from January 1, 1983, till April 30, 1984. Moreover, district constables of the police were interviewed about these men; data concerning their criminal records were obtained from the Central Criminal Register and information about their detention in the Warsaw sobering-up station was obtained from the station's files. Two years later, additional data were gathered in order to check which of the registered men worked for at least 6 month after having been registered; the course of work for public purposes done by the examined persons was also checked with enterprises that organized such work.             In the period included in the study, 2,195 men evading work were registered in Warsaw. The size of this population seems susceptible of various interpretations, depending on the adepted point of view. This number however seems insignificant as compared with that of situations vacant reported at the employment agency which for instance exceeded 18 thousand jobs for men on December 31, 1983. As shown by the analysis of the course of registration in the entire examined period, and of the differences in the sizes of the registered populations in the separate Warsaw districts, the sizes in question vary greatly and depend on administrative steps that influence the revealing of men who answer the statutory definition.             The term "person evading work" designates various persons whose various circumstances - whether socially accepted or not – justify their lack of permanent employment, and who find themselves in various situations. They are e.g. persons waiting to be called up, those who help their families with farming, alcoholics who find it impossible to keep any permanent job, men supported by their familes and looking after a family member, those who are preparing for examination to enter the university, those taking a rest after release from prison, and those who actually do work (there were about 1/4 of them): casually, seasonally or in private firms, but fail to settle their situation formally. According to the police data, as few as every tenth of the examined persons had among others, though not exclusively, illegal sources of maintenance such as offences or illicit trade. In general, the men registered as evading work did not differ from the entire population of men aged 18-45 who lived in Warsaw at that time as regards the age structure. There were among them relatively few married men. Their level of education was somewhat lower as compared with men employed at that time in Warsaw in the socialized economy; yet two-thirds of them were trained in some profession. According to the police inquiries, and to the information from index cards and from sobering-up station, three-fourth of the examined persons drank extensively; one-third of them were detained in the station, with the majority being detained repeatedly which arouses suspicion as to their dependence. 79 per cent of the registered persons were  known to the police who had to intervene in their cases comparatively often and the company they kept was appraised negatively by the police 45 per cent had criminal records (with offences against property predominating) their effence however did not provide them money enough to replace employee’s wages.             The first stage of introduction of the Act was to reveal persons liableto registration. The performance of the duty of registration met with most serious problems. Persons who reported themselves to be registered constituted less than a half of the total of those registered, this situation remaining unchanged even one year after the Act had entered into force. Even after that period, over a half of those newly registered were persons who had not been working for over a year and who thus should have been registered much earlier Some of those who reported themselves did it only because they needed a certificate of registration to settle some important personal matter A rather numerous category nearly one- third of the examined men consisted of those registered after having been punished by a transgresion board for failure in the duty of registration, and those reported by the police or public prosecutor' s office Therefore, the police were explicitly involved in the process of picking out persons evading work.             Also the realization of the entire second stage of dealing with the above persons - that of classification - arouses serious doubts.             Index cards of a great number of persons lacked information essential for the realization of the Act, i.e. concerning certain facts about the registered person and the history of this previous employment.             Among the vital decisions taken in relation to the registered persons is the recognition of the reason of their unemployment as justified or unjustified. A tendency became pronounced in these decisions to treat illness and prolonged formal transactions related to future work as valid excuses for not working and out to excuse working without formal employment. It appeared also that officials deciding in these matters enjoyed a certain degree of discretion when appraising the reasons of unemployment.             The actions taken toward the registered persons assumed first of all the character unemploying: they consisted in obligating these persons to report again and inform about employment, or in referring them; therefore these actions failed to bring about any considerable effects; had the persons in question reported directly at the employment agency, the effects would have been identical.             One-forth of the registered persons were directed to do work for public purposes. As many as two- thirds of them never even appeared to get the adress of the enterprise which such organized work, and 15 per cent reported at the workplace but failed to fulfil their duties. Thus directing to work for public purposes was of a trifle importance only; out of proportion with the effort put in the organizing of such work.             Thoroughout the period included in the study, the names of 152 (7 per cent) of the registered men were entered in the list of persons who persistently evaded work. Punishment for infringement of the disscused Act was moved for in one third of cases.             As shown by the picture of realization of the Act, the officials who apply it often face the registered men's most complex life problems, that are difficult to appraise explicitly and to decide upon beyond dispute; besides, methods of successful circumvention or evasion of the provisions of the Act appear to have emerged.             The appraisal of the functioning of the discussed Act has been done on two planes: both the realization of the legislator's intentions and the social effects of its introduction other than intended have been analyzed.             The legislator's intentions are defined as coming to the assistance of those out of work and out of school who want work, and inducing to work those who fail to express this wish. In the statements of the Minister of Justice and of the deputy reporter during the parliamentary discussion, also such aims were formulated as: drawing up a record of persons evading work and thus getting knowledge as to the extent of this phenomenon; providing hands in cases of their shortage; and soothing the indignant public opinion which demanded radical measures to fight the phenomenon of the so-called social parasitism.             The above intentions have been realized but to a slight degree. Cases of getting help from administrative agency were extremely rare, the agency playing but the role of an agent who directs clients on to the employment or medical agencies.             After registration 44.5 per cent of the examined persons took a job and 37.6 per cent continued to work incessanuy for 6 months which is the condition of their names being stroken off from the register. The latter group proved to be "better" as regards selected social traits. According to our appraisal, these persons had greater chances and possibilities of and performing a job as compared with the remaining group; what's more "inducing" them to work was frequently absolutely unnecessary.             Registration failed to provide knowledge as to the size of the phenomenon of evasion of work, inconstancy being among its characteristics. The examined persons are often temporarily unemployed, this situation far from being permanent.             Registration failed to improve the situation in the labour market: not only the number of those who found a job but also the total of those registered was too small as compared with the needs.             Whether the public opinion has been soothed and satisfied by the introduction of the Act, we do not know. What we do know, is that among those registered there were hardly any persons whose unemployment particularly irritated the public opinion (e.g. black market and foreign currency dealers). A number of persons "evad.ing work" can always be" found, and the reasons for which some of them fail to take a job would hardly meet with social desapproval.             Apart from the intended effects of any legal regulation, there are also those unintended which in the case of the discussed Act can be found in the following spheres: 1) the legal system: in the labour law (limitation of the principle of freedom of work), and in the penal law (the range of penalized acts has been broadened to include transgressions and offences provided in the Act; moreover, a penal law sanction was used as an instrument to solve a problem that belongs to the sphere of social an economic policy exclusively; 2) the sphere of political an social activities: an additional bureaucratic cell in labour exchange has been created in the case of alcoholics, intervention of the Act is but a seeming action, leaving the essence of the problem out of account; in the case of ex-convicts, the Act doubles the activity of other institutions (such person can obtain help in employment agencies or from their probation officers, and they are ,,induced" to take a job by their life situation or by the conditions on which they have been released from prison); 3) the sphere of social attitudes towards the law: failure to collect subpoenas and to appear when summoned could be observed among the registered persons which means that mechanisms of circumventing the Act emerged.             In our opinion, the Act on the treatment of persons evading work is unnecessary. A separate and independent problem of persons who evade work does not exist. Instead, there is a number of various, partly overlapping problems: demand for labour, social frustrations of the crisis period, as well as alcoholism, delinquency disturbed socialization of the youth, failure to insure employes without setting the required formalities, problem of employment of the disabled. Also favourable phenomena and traits can be found here such e.g. the energy and initiative of those who want to work more effectively and to be paid better As shown by our study, ,,social parasitism ,, i.e. the actual staying out of work and living at the expense of others, can be found in a tiny percentage of registered persons.
Źródło:
Archiwum Kryminologii; 1988, XV; 95-152
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
    Wyświetlanie 1-15 z 15

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