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Tytuł:
Les nouvelles mesures répressives dans le Code pénal polonais de 1969
Autorzy:
Świda, Witold
Powiązania:
https://bibliotekanauki.pl/articles/44032450.pdf
Data publikacji:
1971-12-31
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
repressive measures
Polish Penal Code of 1969
Źródło:
Droit Polonais Contemporain; 1971, 15; 27-37
0070-7325
Pojawia się w:
Droit Polonais Contemporain
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Główne kierunki polityki karnej realizowanej przez kolegia do spraw wykroczeń w latach 1972–1989
The Main Directions of Penal Policy Pursued by Transgession Boards in the Years 1972–1989
Autorzy:
Szumski, Jerzy
Powiązania:
https://bibliotekanauki.pl/articles/698530.pdf
Data publikacji:
1993
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
polityka karna
środki karne
wykroczenia
penal policy
penal measures
contraventions
Opis:
The paper characterizes the evolution of penal policy with respect to per peetrators of transgressions, pursued in Poland by elected agencies attacbed to the state administration and called “transgression boards”. In the years 1972–1989, their decisions were supervised by the Minister of Internal Affairs. Most of the discussion, based on statistical materials, concerns changes in the structure and dynamics of penal measures applied by the boards. The measures have been defined as all legal reactions applicable upon the finding the perpetrator’s guilt. The present paper does not deal with all of those measures, though: for lack of statistical data, tukets imposed by the penal prosecution agencies and the possible reactions on part of those agencies if they renounce moving the case to the board for punishment according to the principle of  expediency of prosecution could not be discussed. Penal policy has been characterized against the background of amendments introduced in the period under analysis and of instructions issued by the Minister of Internal Affairs that shape the boards’ decisions. After 1982, such instructions usually aimed at aggravating repression. The statutory catalogue of penal measures contained in the transgressions code is relatively extensive. The most severe measure is detention which amounts to deprivation of liberty for up to 3 months. As stated in the code, it should be applied in exceptional cases only. In the first decade of validity of the code, detention was imposed in l–l.5 % of all decisions which meant the deprivation of liberty of 9,00–10,000 persons. It is therefore doubtful whether detention was indeed treated as an exceptional measure by practicians. In the next years, it was imposed much less often. The penalty of suspended detention played any role in the practice of transgression boards. As shown by studies, those who applied law  treated suspended detention as a separate penal measure to replace other measures not involving deprivation of liberty rather than a way of limiting the use of immediaste detention. Also disappointed were the  expectations related to another new measure, formally more severe than fine, that is limitation of liberty which was to “educate through work”. According to the legislators’ assumptions, that penalty was to  be the main alternative to detention; in practice, it was imposed rather often  (about 5% of all measures applied) but served mainly as a substitute for fine. The basic measure applied to perpetrators of transgressions was fine, imposed on 90% of cases of those punished by the boards. According to provisions of the Transgressions Code, though, a substitute penalty of detention can be imposed in the case of justified doubts as to the possibility of execution of fine. For this reason, it was found advisable in the present analysis to treat this form of fine as a measure different in quality from fine imposed without a substitute penalty which could in no case lead to imprisonment. Also research findings encouraged the treatment of these two kinds of fine as separate penal measures: the substitute penalty was treated in practice as a specific method of aggravating repression, and imposed in defiance with provisions of the Code. Owing to this approach it could be evidenced that the proportion of fines combined with the threat of deprivation of liberty (another measures designed as exceptional) went up rapidly in mid-1910s to become stabilized at about 20% of all decisions of the  transgression boards. The abuse of that measure, also designed as exceptional, was accompanied mainly by less frequent fines without a substitute penalty. At the same time, the proportion of the two most lenient measures, that is admonition and renouncement of inflicting punishment, went down regularly and amounted to a mere 2% of decisions despite the broad applications of those measures contained in the Code. This reflects the practicians’ tendency to use the aggravating legal solutions much more often than those which mitigate penalty; this led to increased repressiveness of penal policy. Beside the above-mentioned reactions, the Transgressions Code provides for a number of measures called additional penalties which are to accompany the principal ones. They can also be applied as self-standing measures in specific situations. Yet the agencies that apply law never availed themselves of this latter possibility. Instead, additional penalties were lavishly imposed (particularly the witholrawal it driving licence and the penalty of making the sentence publicly known) which led to accumulation of repressions suffered by the punished person. This is why the serious growth in the number of additional penalties, after the legal changes introduced in mid-l980s and instructions issued by the Minister of Internal Affairs in particular, was still another proof of the aggravation of penal policy with respect to perpertrators of transgressions. Characteristically, the Polish Transgressions Code combines the application of some of the non-custodical measures with the threat of deprivation of liberty in the case of failure in the execution of those measures. This concerns the above-mentioned fine but also, in definite conditions, the limitation of liberty and suspended detention. In practice, the threat of imprisonment was used very often, the total proportion of the three above measures becoming stabilized, after an initial growth, at about 20–25% of decisions which mainly resulted from excessive imposition of fines with a substitute penalty of detention. Most importantly, though, that threat was realized with respect to every fifth or sixth person in that group. As a result, the average of 20–25 thousand persons a year were imprisoned despite the fact that a measure not involving deprivation of liberty had originally been applied to them. A paradoxical situation arose where persons sentenced to the principal penalty of detention constituted a small percentage of those imprisoned by force of decisions of the transgression boards, while most served a substitute penalty due to a failure in the execution of the previously applied non-custodial measure. Still another expression of the growing repressiveness of penal policy was the greater and greater involved in the most frequently imposed penalty of fines in both of its forms: due to amendments of the Transgressions Code, the amound of fine went up a quicker pace than the average wages in socialized economy during most of the 1980s. A statutory solution concerning transgression that was most vehemently critized by the doctrine was the most limited judicial supervision over  decisions of the transgression boards. The appel instance were boards of  the second instance; only decisions imposing detention and limitation of liberty could be appealed against to the court. Thus judicial supervision concerned neither the substitute penalties which involved deprivation of liberty nor the most acute ban on driving motor vehicles. Meanwhile as shown by experimental findings, 6–15% of persons punished by the boards were acquitted by the court to which they complained, and a non-isolation measure was  substituted for deprivation of  liberty in over one-third of the cases. This shows that courts saw decisions of the boards not only as essentially defective but also as excessively repressive. This latter conclusion is rather symptomatic the fact considered that penal policy pursued by courts with respect to offenders was sewere, too. What has also to be stressed when characterizing the decisions in cases of transgressions is the frequent use of the statutory possibility of deciding in expedited proceedings and proceedings  by writ of payment. From the viewpoint of rational penal policy, that tendency deserves to be criticized as protection of the defendant’s basic processual guaranties suffers statutory limitation in those modes of procedure, and the speed and simplification of proceedings affect the individualization of punishment. Also of importance was the fact that the frequent decisions in expedited proceedings served as a specific form of aggravation of represion since – as shown by research findings – the penalties imposed in that mode were more severe than in the ordinary proceedings. Analysis of the evolution of decisions of the transgression boards has led to the conclusion that throughout the period under analysis, penal policy was regularly aggravated which was largely influenced by punitive instructions of the Minister of Internal Affairs. The only periods of mitigation of penalties were  the years 1981 and 1989: this resulted mainly from social conflicts and public opinion pressure on reduction of repressiveness of the penal system. For this reason, the 1989 amendment of the Transgression Code, forced by systemic changes, which deprived the Minister of Internal Affairs of his original control over decisions of the transgression boards and submitted all of those decisions to judical review brings the hope for liberalization and rationalization of penal policy in cases of transgressions.
Źródło:
Archiwum Kryminologii; 1993, XIX; 107-131
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Measures associated with the subjection of the perpetrator to the probation in Polish penal law
Autorzy:
Wiktorska, Paulina
Powiązania:
https://bibliotekanauki.pl/articles/26917637.pdf
Data publikacji:
2013
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
środki probacyjne
prawo karne
sprawca
probation measures
criminal law
perpetrator
Opis:
 The penal code of 1997 provides three legal institutions strictly associated with the subjection of the perpetrator to the trial period. These includes: the conditional discontinuance of criminal proceedings, the conditional suspension of the execution of the sentence of deprivation of liberty and the conditional early release of a person sentenced to the penalty of deprivation of liberty from serving the balance of the penalty.
Źródło:
Biuletyn Kryminologiczny; 2013, 20; 78-85
2084-5375
Pojawia się w:
Biuletyn Kryminologiczny
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Probacja – rozwiązania prawne w niektórych krajach europejskich
Probation. Some European Solutions
Autorzy:
Wójcik, Dobrochna
Powiązania:
https://bibliotekanauki.pl/articles/698939.pdf
Data publikacji:
2000
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
środki probacyjne
komparatystyka
państwa obce
Europa
probation measures
comparative
foreign countries
Europe
Opis:
The article discusses the legal solutions of probation as well as regulations pertaining to organization of probation services and to functions of probation officers in criminal proceedings of adults and juveniles in some European countries. Discussed has been probation in England, Belgium, Czech Republic, Denmark, Finland, Germany, Greece, Lithuania, Slovenia, Spain, and Sweden. The introduction focuses on the definition of probation; also, the role of international organizations in promoting probation has been characterized together with the importance of recommendations as to the principles and practice, issued by such organizations, for introduction of probation into criminal justice. Considering the future shape of probation, one might ask to what extent we can use those experiences. We believe that some foreign solutions of probation might be added to the Polish legislation in the course of the Polish probation reform which has been going on for several years now. The following problems should in our opinion be reconsidered and possibly regulated in a manner other than the present one. The major and basic issue is the decision as to probation's position with respect to the criminal justice system. The problem is regulated differently in different countries; decisions as to the Polish solutions should be carefully considered. The Commission for Probation Reform, appointed several years ago, suggested that the probation system remain part of the criminal justice system but acquire the status of an autonomous department, an associate and partner of courts. Related to this is the postulate that the work of probation officers be evaluated as to the merits by a competent superior officer and not by the judge as it is today. Also solved should be the problem of a possible separate regulation of juvenile vs. adult probation (as it is the case in many European countries). In such countries, there is also the trend to remove proceedings in cases of offences from juvenile courts and to deal with them within administrative procedure. As regards the measures applied to juveniles, their execution is more and more often handed over to social services. The system for assisting and educating juveniles who break the legal norms or find it otherwise difficult to become integrated with society thus becomes ever more consistent; the competent services cooperate with one another ever more closely and coordination of their work is improved, which enhances the effectiveness of their efforts. What is important for the proper effects of educational work is cooperation of probation services with local government agencies and local communities. Although the road towards this kind of transformation of probation is difficult in Poland and various obstacles may be encountered, it is nevertheless a worth-while effort to use the experience of other countries and to introduce modern legal solutions that have been tested elsewhere.
Źródło:
Archiwum Kryminologii; 2000, XXV; 29-79
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
System środków penalnych w projekcie kodeksu wykroczeń
The System of Penal Measures in the Draft of the Transgressions Code
Autorzy:
Szumski, Jerzy
Powiązania:
https://bibliotekanauki.pl/articles/699036.pdf
Data publikacji:
1994
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
środki penalne
kary
środki karne
kodeks wykroczeń
penal measures
penalties
Transgressions Code
Opis:
This paper discusses and appraises changes in the system of penal measures in the draft of the Transgressions Code, and to some extent also in the draft of the Code of the Execution of Penalties. A great variety of problems are discussed: the author concentrates on a broad definition of a penal measure, treating as such measure each legal reaction to the fact of transgression, made by a competent agency upon identification of the perpetrator. The discussion concentrates on the draft’s division into penalties and penal measures. Also discussed are other reactions included in the code that can be applied to the perpetrator but do not belong to either of the above two categories. The autor carries out a critical analysis of the solutions concerning penalties, penal measures, alternatives to punishment, and the main  directives as to the severity of penal measures. Taken into account in the analysis have been, on the one hand, the praiseworthy regulations, most of which result from acceptance by authors of the draft of postulates, made for a long time by the doctrine and aimed toward the   rationalization and humanization of Polish law on transgressions. On the other hand, the analysis paints out those solutions which the author finds to be redundant or improperly formulated With respect to reactions that are termed “penalties” the author declares himself a resolved opponent of arrest: in his opinion, that penalty should not be imposed on perpetrators of the pettiest transgressions, the more so as some of the offences specified in the draft code are not threatened with deprivation of liberty at all. Here, the practice of deciding in cases of transgressions is brought to mind where arrest was usually imposed for disturbances of public order or peace committed by intoxicated persons; most of such perpetrators were alcoholics, and  their short-term imprisonment was in fact a specific preventive measure. The author also expresses his support of the renouncement of the institution of conditional suspention of the penalty of arrest (should even arrest be preserved in the future code): in practice, instead of limiting the use of arrest, that institution was treated as a self-standing reaction, a substitute for the penal measures not involving deprivation of liberty. On the other hand, the author praises the elimination from the draft of the penalty of limitation of liberty which fails to come up to expectations as an alternative to arrest and only causes serious problems with its execution. As regards, further, the penalty of fines ‒ the basic reaction towards perpetrators of transgressions ‒ the author considers the pros and cons and declarls himself in favor of the system of daily rates. Aware of the controversial nature of this suggestion, he justifies it mainly with the need for the unification of the system of imposition of fines in penal law and the  law on transgressions. The author praises the solution where only the court is empowered to impose arrest in default of paying a fine. In principle, he also praises the way this sphere ‒ the main weak point of decisions in cases of transgressions so far ‒ has been regulated in the draft of the Code of the Execution of Penalties. Here, arrest as a substitute for fines is treated as the last resort, and many solutions are Offerd to cause the payment of a fine; fines can even be defanted on if then cannot be paid for reasons beyond the convicted person’s control, and it proves impossible or inexpedient to carry out that penalty in another way. The author believes, however, that some of the solutions suggested in the draft of the Code of the Execution of Penalties have not been formulated with sufficient precision. As far as penal measures are concerned ‒ under the draft of the Transgressions Code, they include with deawal of a driving license, forfeiture of property, and payment to the injured person or for a public purpose ‒ the author criticizes mainly the limited possibilities of their application as self-standing measures: they can only be applied in the case of renouncement of inflicting a punishment. This solution is in fact a preservation of the possibility, criticized by scientific community, of the accumulation of different penal measures, and leads to unnecessary aggravation of punishment. On the other hand, the author praises many other novel solutions related to penal measures, including in particular a considerable mitigation of the statutory application of a most annoying withdrawal of a driving license; in his opinion, however, that ban should be optional and not obligatory. The author also praises the regulation of forfeiture of propesty, mainly because of the ban on its application if the decision to impose it were out of proportion with the seriousness of the transgression. Besides, the author fully approves of the renunciation of the former additional penalty, the “ban on pursuit of definite activity or performance of functions requiring a license”, and also of the labelling measure of publication of the sentence. In the sphere of general directives of the imposition of penal measures, the draft is based on the concept which combines elements of just retribution (proportional to guilt) and special prevention. The former directive is to define the maximum degree of severity of reaction under penal law, while the latter should influence the choice and extent of the penal measure applied. Unlike the draft of the Penal Code, the draft of the Transgressions Code does not include the directive of general prevention. The present author praises this omission and supports the opinion, popular in scientific community, that general prevention should be included in the statutory sanctions while its aims can be achieved within the directive of just retribution. With respect to the latter, the author argues that reaction of penal law should be commensurate not only with the guilt but also with the seriousness of the act; he also stresses that compensation for the damages done to the injured person should become an integral part of just retribution, and acquire an important position in the future Transgressions Code. Further discussion concerns alternatives to punishment, that is: (1) renunciaton of inflicting punishment, and (2) refusal to start proceedings before the boards for the adjudication of transgressions where the case is referred to other agencies (e.g. place of employment or school) for application of so-callcd educational measures. Under the draft, renunciation of inflicting punishment may consist both in a complete renunciation of applying any penal measure, and in rcnunciation of imposing a penalty which is combined with the application of another penal measure. In the author’s opinion; this solution has to be modified. The very name of the institution concerned here can hardly be squared with the  possibility of applying a penal measure, often one ‒ e.g. withdrawal of a driving license ‒ that is actually more severe than a penalty such as a small fine. For this reason, the author’s suggestion aims at a situation where renunciation of inflicting punishment would consist only in abandonment of the application of any measures whatever. Instead, the possibilities of application of self-standing penal measures should be much extended and regulated by separate provisions. The other of the above-mentioned institutions, whose regulation violates the principle of definiteness of reaction under penal law, should be eliminated altogether. What also speaks for this solution is the fact that the institution concerned is based on a belief in the effectiveness of educational actions which has not been verified empirically; moreover, its application may expose the offender to consequences more severe (e.g. dismissal from work) than those resulting from proceedings before the beards for the adjudication of transgressions. In the final part of the paper, the author comments on the general conception of the Polish reform of broadly conceived penal law. He proclaims himself in favor of the opinion, found in literature, that Polish law has to be amended radically (based on the suggestions contained in the draft), and that the work on its codification have to proceed parallel to its amendment; they must also be given sufficient time to be completed.  
Źródło:
Archiwum Kryminologii; 1994, XX; 53-78
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Les Mesures de sûreté appliquées à l’égard de récidivites en droit pénal polonais
Autorzy:
Waszczyński, Jan
Powiązania:
https://bibliotekanauki.pl/articles/43469337.pdf
Data publikacji:
1985-12-31
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
droit pénal européen
droit pénal
lutte contre la délinquance
recidivism
security measures
Źródło:
Droit Polonais Contemporain; 1985, 1-4(65-68); 61-76
0070-7325
Pojawia się w:
Droit Polonais Contemporain
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Cudzoziemcy – sprawcy przestępstwa przekupstwa na terenie Polski
Foreign Nationals as Perpetrators of Bribery Offences in Poland. Foreign Nationals Convicted of Bribery – Penalties and Punitive Measure
Autorzy:
Rzeplińska, Irena
Powiązania:
https://bibliotekanauki.pl/articles/698642.pdf
Data publikacji:
2016
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
cudzoziemcy
przestępstwo przekupstwa
sprawca przestępstwa
kryminologia
foreign nationals
bribery offences
bribery
Polska
punishment
punitive measures
Opis:
By the end of 2013, some 60,0000 citizens of EU Member States, and 121,000 third- -country nationals, holders of Polish residence permits, were registered in Poland. The aggregate number of foreign nationals who currently reside in Poland amounts to 0.5% of the country’s own population. Among the EU citizens, the most numerous are German, Italian, French, British, Bulgarian, and Spanish nationals. Among the non-EU nationals, the largest proportion of residents comes from Ukraine, Vietnam, Russian Federation, Belarus, China, Armenia, Turkey, India, USA, and South Korea; the Ukrainians making up by far the most populous group among them (i.e. 31% of all third-country nationals residing in Poland). Crime rate among foreign residents in Poland as gleaned from the police statistics on foreign offenders spanning 2004–2012 makes it clear that foreign suspects constitute ca. 1% to 0.43% in 2012 of the total number of suspects investigated. In the course of nine years, these crime dynamics (i.e. officially disclosed crime rate among foreign nationals in Poland) appeared to decline. In total, foreign nationals suspected of committing crimes in Poland come from of 61 countries, with EU citizens accounting for 1/3 of them, the remaining 2/3 originating from the third countries. The overall picture of offences perpetrated by foreign nationals in Poland in the period spanning 2004–2012 reveals some telltale characteristics of their prevalent structure. Firstly, a negligible proportion of human crime offences, secondly, a high proportion of specific crimes, e.g. driving while under the influence of alcohol or drugs, whereupon, in the absence of a human victim, the only ‘aggravated’ party is the public order, and thirdly, a growing rate of foreigners suspected of having committed an offence against the credibility of documents. In the police statistics, foreign nationals suspected of committing offences under Articles 228, 229 and 230 of the Polish Penal Code make up 3.4% of all foreign suspects. Foreign nationals suspected of committing the offence of bribery under Article 229 of the Polish Penal Code, the actual subject matter of the study addressed in the paper, are foreign nationals convicted by Polish courts of law. Ninety-six criminal cases of bribery, originating in 2008–2013, which ended in convictions for foreign perpetrators, were randomly selected for the study. The issues of interest were as follows: the profiles of convicted foreigners, accompanying circumstances, general aetiology of the bribery offences committed by foreigners, the bribe recipients, convictions actually secured in a court of law against the perpetrators, and the types of punitive measures applied. Foreign nationals – perpetrators of bribery offences across Poland, originated from 17 countries. 81.3% of the studied population was made up of Ukrainians (41.7%), Belarussians (22.9%), Lithuanians (9.4%), and Russians (7.3%). Single cases were perpetrated by the citizens of Kazakhstan, Turkey, Sweden, Bulgaria, Romania, Latvia, China, Slovakia, Vietnam, Armenia, India, Czech Republic, and Germany. Men prevailed – ca. 10% of those convicted of bribery were women. The most numerous were perpetrators aged 32–40, while the remaining number of offenders was almost equally split amongst the following age brackets 41–50, 22–30, and 51–63 years; the oldest offenders being the least numerous. Two occupational groups clearly predominated: drivers and construction workers. Nonetheless, the perpetrators also included police officers, doctors, nurses, an office worker, and a teacher. The recipients of financial gains, i.e. those to whom the bribes were either handed out or offered, were police officers (48.9% of cases), border guards (31.3%), and customs service officers (15.6%). Individual cases comprise handing out a bribe to an official at the Registry Office (in connection with arranging for a fictitious marriage), public transport ticket inspector, and state railway security service officers. In the cases under study, two places for handing out bribes have been identified, i.e. border crossings (40.6% of cases) and public highways (51% of cases), where traffic police officers are offered material gain. In the vast majority of cases, it was money (amounts ranged from PLN 50.00 to over PLN 1,000.00). Every third perpetrator, a foreign national, was under the influence of alcohol when offering the bribe. The study of foreigners convicted of bribery in the years spanning 2008–2013 identifies two situations in which acts of corruption take place. The first one, driving under the influence of alcohol. Handing out material benefits to a traffic police officer, usually money, is intended to dissuade him from imposing a substantial fine, or from instigating criminal proceedings (prosecution), and consequently from an imposition of a ban on driving motor vehicles by a court of law. The other one, handing out financial benefits to Border Guard or Customs Service officers. When analysing the explanations provided by the perpetrators of bribery, how they tried to rationalise their attempts to corrupt public officials (the police, border guards, customs service officers), the investigators found that it all seemed to stem from a different legal culture in the societies they come from, i.e. a culture of open disregard for the law, public morality in which everything can be ‘sorted out,’ even if it means that the perpetrator effectively evades criminal liability. A public morality in which both parties, a public official and a citizen, conspire to circumvent the law. I am therefore inclined to brand the social background of origin of the 80% of foreign nationals convicted of bribery in Poland as ‘corruption-spawning communities,’ where in the relationship between a citizen and a government agency official it is perfectly natural to offer/accept a consideration for ‘sorting things out.’ Foreign nationals charged with bribery, except for a single case of conditional discontinuance of the proceedings in progress, were sentenced to fines and other punitive measures. A conditionally suspended term of imprisonment prevailed, followed closely by a fine. Apart from the actual penalties, the courts also applied selected punitive measures, such as driving bans, cash considerations, forfeiture of items originating directly from the offence, forfeiture of items actually used, or intended for use in the perpetration of an offence. Immediate custodial sentence was imposed in three cases, i.e. in convictions for several offences, such as bribery, driving under the influence of alcohol, and assaulting a public official.
Źródło:
Archiwum Kryminologii; 2016, XXXVIII; 175-189
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
An evergreen or forgotten subject: relationship among crime, criminology and criminal policy
Autorzy:
Rzeplińska, Irena
Powiązania:
https://bibliotekanauki.pl/articles/26917632.pdf
Data publikacji:
2013
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość
kryminologia
transformacja
polityka kryminalna
crime
criminology
transformation
policy of crime fighting by penal measures
Źródło:
Biuletyn Kryminologiczny; 2013, 20; 51-55
2084-5375
Pojawia się w:
Biuletyn Kryminologiczny
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Środki alternatywne dla najmłodszych przestępców program Buskerud
Alternatives for the youngest delinquents- the Buskerud project
Autorzy:
Stangeland, Per
Waal, Hegle
Ostrihanska, Zofia
Powiązania:
https://bibliotekanauki.pl/articles/699194.pdf
Data publikacji:
1985
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
środki alternatywne
młodzi przestępcy
program Buskerud
przestępstwa
współpraca
young delinquents
the Buskerud project
alternative measures
criminal offenses
cooperation
Źródło:
Archiwum Kryminologii; 1985, XII; 79-88
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
The Nicaragua Judgement and the Use of Force – 30 Years Later
Autorzy:
Kwiecień, Roman
Powiązania:
https://bibliotekanauki.pl/articles/706696.pdf
Data publikacji:
2017-09-01
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
armed attack
counter-measures
customary international law
Nicaragua judgement
non-State actors
self-defence
UN Charter
use of force
Opis:
In light of contemporary circumstances, on the 30th anniversary of the Nicaragua judgement it is worth revisiting and considering again certain legal problems decided by – and raised by – the ICJ judgement. This article addresses the importance of the judgement in terms of international legal regulations on the use of force. First and foremost, the article examines the concept of armed attack based on the “gravity” criterion elaborated by the Court and the exercise of the right of self-defence. Moreover, the relationship between customary international law and treaty law, as well as forcible counter-measures and military actions against non-State actors are also discussed in the article. It is argued that the “gravity” criterion used by the ICJ seems controversial and, consequently, may limit the right of self-defence. On the other hand, however, the judgement established a strong barrier to the realization of individual political interests by militarily powerful States. This is the Nicaragua judgement’s long-lasting legacy. In this sense the judgement has stood the test of time.
Źródło:
Polish Yearbook of International Law; 2016, 36; 21-36
0554-498X
Pojawia się w:
Polish Yearbook of International Law
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Problem potrzeby i celowości zmiany zasad odpowiedzialności i postępowania z nieletnimi
The Need and Purpose of Changing the Principles of Responsibility and Juvenile Treatment
Autorzy:
Konarska-Wrzosek, Violetta
Powiązania:
https://bibliotekanauki.pl/articles/698686.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
nieletni
zasady odpowiedzialności
postępowanie w sprawach nieletnich
prawo karne
czyn zabroniony
środki wychowawcze
principles of responsibility
juvenile
penal law
prohibited act
educational measures
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 349-359
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Postępowanie z nieletnimi z perspektywy psychologii humanistycznej
Treatment of Juveniles in the Humanistic Psychology Perspective
Autorzy:
Ostrowska, Krystyna
Powiązania:
https://bibliotekanauki.pl/articles/698676.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
nieletni
przestępczość nieletnich
czyn karalny
psychologia humanistyczna
postępowanie w sprawach nieletnich
resocjalizacja
środki wychowawcze
przebaczenie
juveniles
juvenile delinquency
punishable act
humanistic psychology
resocialization
educational measures
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 393-408
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Uses and Underuses of the International Convention on the Elimination of All Forms of Racial Discrimination at the International Court of Justice
Autorzy:
Balcerzak, Michał
Powiązania:
https://bibliotekanauki.pl/articles/706933.pdf
Data publikacji:
2019-09-01
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
International Convention on the Elimination of All Forms of Racial Discrimination
International Court of Justice
Committee on the elimination of Racial Discrimination
provisional measures
human rights
Opis:
As many as three international disputes containing allegations of infringement of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) have been brought before the International Court of Justice (ICJ), thus contributing to the number of cases allowing the Court to pronounce itself on the international human rights law. Even though none of the cases invoking violations of ICERD has been (yet) adjudicated on the merits, they have already provided an opportunity to clarify (at least in part) the compromissory clause enshrined in Art. 22 of ICERD, as well as to tackle some other issues related to provisional measures ordered by the Court. This article discusses the ICJ’s approaches to the application of ICERD in the three above-mentioned cases, while posing the question whether indeed the 1965 Convention can be useful as a tool for settling inter-state disputes. The author claims that ICERD and the broad definition of “racial discrimination” set out in its Art. 1 constitute cornerstones for the international protection of human rights, though the recourse to the procedures provided in Art. 22 of ICERD – vital as they are – should not necessarily be perceived as a better alternative to the inter-state procedures and the functions exercised by the UN Committee on the Elimination of Racial Discrimination (CERD).
Źródło:
Polish Yearbook of International Law; 2018, 38; 11-27
0554-498X
Pojawia się w:
Polish Yearbook of International Law
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Więzienia dla nieletnich w opinii menedżerów więziennictwa
Opinions of Prison Managers on Juvenile Prisons
Autorzy:
Stępniak, Piotr
Powiązania:
https://bibliotekanauki.pl/articles/698722.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
nieletni
przestępczość nieletnich
polityka kryminalna
więzienia
Francja
Polska
komparatystyka
system penitencjarny
juveniles
juvenile prisons
policy of combating criminality by penal measures
penitentiary system
France
Polska
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 431-443
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Działalność wychowawcza sądu rodzinnego wobec nieletnich – pomiędzy ideami a praktyką
Correctional Activity of Family Courts for Juveniles: Between Ideas and Practice
Autorzy:
Klaus, Witold
Powiązania:
https://bibliotekanauki.pl/articles/698904.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
nieletni
działalność wychowawcza
sąd rodzinny
postępowanie sądowe
środki karne
badania katamnestyczne
correctional activity of family court
correctional activity
family court
juvenile
punitive measures
court action
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 331-347
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
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