Temat: penalty. - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Uwag kilka na temat art. 37b kodeksu karnego
Autorzy:: Zarębska, Elżbieta
Powiązania:: https://bibliotekanauki.pl/articles/1788420.pdf
Data publikacji:: 2021-06-22
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara mieszana
kara kumulatywna
nowelizacja
katalog kar
mixed penalty
accumulative penalty
amendment
catalog of penalties
Opis:: The article presents basic problems of the institution of accumulative penalty, which was introduced in the Act of 20 February 2015 in Art. 37b Criminal Code. It is based on the critical analysis about using term “mixed penalty” and about purview all of components of this penalty. The article includes consideration about: ability of adjudicating fine in tandem with Art. 37b C.C, prescription and expungement conviction.
Artykuł stanowi zwięzłe przedstawienie podstawowych problemów związanych ze stosowaniem art. 37b k.k. Oparty jest na krytycznej analizie w stosunku do używania terminu „kara mieszana” oraz zakresu poszczególnych składników tejże sankcji. Zawiera rozważania co do możliwości równoczesnego orzekania kumulatywnej kary grzywny, terminów biegu przedawnienia oraz zatarcia skazania. The article presents basic problems of the institution of accumulative penalty, which was introduced in the Act of 20 February 2015 in Art. 37b Criminal Code. It is based on the critical analysis about using term “mixed penalty” and about purview all of components of this penalty. The article includes consideration about: ability of adjudicating fine in tandem with Art. 37b C.C, prescription and expungement conviction.
Źródło:: Biuletyn Kryminologiczny; 2016, 23; 100-109
2084-5375
Pojawia się w:: Biuletyn Kryminologiczny
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 2.

Tytuł:: L évolution de la peine conventionnelle en droit polonais
Autorzy:: Dąbrowa, Janina
Powiązania:: https://bibliotekanauki.pl/articles/43665735.pdf
Data publikacji:: 1980-12-31
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: conventional penalty
polish law
evolution
Polska
Źródło:: Droit Polonais Contemporain; 1980, 3-4(47-48); 53-70
0070-7325
Pojawia się w:: Droit Polonais Contemporain
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 3.

Tytuł:: Problematyka pasożytnictwa społecznego: aspekty prawne
Problems of ”social parasitism”: legal aspects
Autorzy:: Szamota, Barbara
Powiązania:: https://bibliotekanauki.pl/articles/699208.pdf
Data publikacji:: 1985
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: problematyka
pasożytnictwo
społeczeństwo
aspekt prawny
kara
problems
social parasitism
legal aspects
penalty
Źródło:: Archiwum Kryminologii; 1985, XII; 101-112
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 4.

Tytuł:: Środowisko rodzinne mężczyzn odbywających kary pozbawienia wolności
Autorzy:: Tomczyszyn, Dorota
Romanowicz, Wiesław
Powiązania:: https://bibliotekanauki.pl/articles/1788425.pdf
Data publikacji:: 2021-06-22
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: rodzina
kara pozbawienia wolności
zakład karny
family
the penalty of deprivation of freedom
prison
Opis:: The main objective of this study was to know the family structure, economic and socio-educational situation in the family environment of men serving the penalty of deprivation of freedom. The basic method of data collection was a diagnostic survey. An author's questionnaire was used in order to obtain answers to research questions. Participation in the study was voluntary and anonymous. The study group consisted of 101 adult males. It was conducted in 2015 in the open prison in Zabłocie. Education of prisoners and their parents were in most cases vocational or primary. Every tenth of the questioned persons experienced in their childhood poverty, witnessed parties of addicted to alcohol parents and heard their arguments. In every fifth family came to the disintegration of family life (divorce or separation). The prisoners perceived in the most favourable light the mother, her warmth, her actions taken to secure the material needs of the child and her support in the current situation.
Podstawowym celem podjętych badań było poznanie struktury rodziny, sytuacji ekonomicznej i społeczno-wychowawczej środowiska rodzinnego mężczyzn odbywających kary pozbawienia wolności. Podstawową metodą zbierania danych był sondaż diagnostyczny. W celu uzyskania odpowiedzi na pytania badawcze zastosowano autorski kwestionariusz ankiety. Udział w badaniach był dobrowolny i anonimowy. Grupę badawczą stanowiło 101 dorosłych mężczyzn. Badania przeprowadzono w 2015 roku w zakładzie karnym o charakterze otwartym w Zabłociu. Wykształcenie osób osadzonych i ich rodziców najczęściej było zawodowe i podstawowe. Co dziesiąta osoba w dzieciństwie doświadczyła ubóstwa i biedy, obserwowała imprezy alkoholowe rodziców, słyszała ich kłótnie. W co piątej rodzinie doszło do dezintegracji życia rodzinnego (rozwód lub separacja). Wśród członków rodziny najkorzystniej badani postrzegali osobę matki, jej ciepło, jej działania w kierunku zabezpieczenia potrzeb materialnych dziecka i jej wsparcie w sytuacji obecnej. The main objective of this study was to know the family structure, economic and socio-educational situation in the family environment of men serving the penalty of deprivation of freedom. The basic method of data collection was a diagnostic survey. An author's questionnaire was used in order to obtain answers to research questions. Participation in the study was voluntary and anonymous. The study group consisted of 101 adult males. It was conducted in 2015 in the open prison in Zabłocie. Education of prisoners and their parents were in most cases vocational or primary. Every tenth of the questioned persons experienced in their childhood poverty, witnessed parties of addicted to alcohol parents and heard their arguments. In every fifth family came to the disintegration of family life (divorce or separation). The prisoners perceived in the most favourable light the mother, her warmth, her actions taken to secure the material needs of the child and her support in the current situation.
Źródło:: Biuletyn Kryminologiczny; 2016, 23; 29-41
2084-5375
Pojawia się w:: Biuletyn Kryminologiczny
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 5.

Tytuł:: Kara umowna z tytułu odstąpienia od umowy najmu w związku z nieuiszczeniem kaucji zabezpieczającej
Autorzy:: Szanciło, Tomasz
Powiązania:: https://bibliotekanauki.pl/articles/1788226.pdf
Data publikacji:: 2019-07-22
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara umowna
umowa najmu
kaucja zabezpieczająca
dzierżawa
contractual penalty
lease agreement
security deposit
tenancy
Opis:: The subject of consideration is the admissibility of the cessation of contractual penalties in the event of the lessor's withdrawal from a tenancy agreement, as a result of the tenant's failure to pay a security deposit against the lessor’s future rentals under the contract. Additional reser-vation of contractual penalty may relate only to non-performance or undue performance of a non-monetary obligation and therefore can’t be related to non-performance or undue perfor-mance of a monetary obligation (art. 483 § 1 k.c.). It’s important that the security deposit – in contrast to other forms of security – has a monetary nature. If you consider that this method of payment determines the nature of the security deposit as a cash payment and the tenant fails to pay the it or doesn’t restore the security to the original amount, then the provision for a contractual penalty for withdrawal from a tenancy agreement for that reason would be invalid. The question is if the nature of the rendition determines the manner in which it is fulfilled, or the purpose for which the debtor pays a specified amount of money. This issue may raise seri-ous doubts, but the automatic recognition of a security deposit as a cash rendition, although – literally speaking, possibly to consider – could lead to unlikely conclusions, given the nature and purpose of this form of warrant, especially in comparison to other forms. Consequently, in certain situations, the purpose and the essence of the rendition, its economic character, should be explored, since those elements determine the nature of the remdition within the meaning of art. 483 § 1 k.c.
Źródło:: Studia Prawnicze; 2017, 2 (210); 129-152
0039-3312
2719-4302
Pojawia się w:: Studia Prawnicze
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 6.

Tytuł:: Racjonalny ustawodawca wobec opinii społecznej a populizm penalny
A Rational Legislator towards the Public Opinion and Penal Populism
Autorzy:: Kaczmarek, Tomasz
Powiązania:: https://bibliotekanauki.pl/articles/698736.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość
kara
opinia publiczna
populizm penalny
polityka kryminalna
public opinion
penal populism
penal policy
delinquency
penalty
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 519-531
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 7.

Tytuł:: Sprawcy zagarnięć mienia społecznego znacznej wartości (w świetle danych z akt sądowych oraz wyników badań psychologicznych)
The Cases of Misappropriation of Social Property of a Considerable Value (in the Light of the Data From Court Files and Psychological Examination)
Autorzy:: Szymanowska, Aleksanda
Powiązania:: https://bibliotekanauki.pl/articles/699056.pdf
Data publikacji:: 1982
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: sprawca
mienie społeczne
przestępczość
zagarnięcie mienia
przestępstwo
kara
alkoholizm
perpetrator
social property
criminality
seizure of property
offense
penalty
alcoholism
Opis:: The problem of offences against economy, where the value of misappropriated property exceeds 100,000 zlotys, is a particular criminological problem. The peculiar character of this type of crime results from the fact, firstly, that a new type of property - that is social property - comes into question, and secondly, that the category of perpetrators of such offences has not yet been closely studied nor described. Though the property discussed here is called “social” - in the social consciousness the opinion has fixed itself that, managed , by the State officials, it is a property of the State, alienated, “belonging to nobody” and not to all of the citizens. On account of this, the moral norm “thou shalt not steal” assented to by a large majority of the Polish society, does not apply to this kind of property to the same degree as to private property owned by a definite person. The persons guilty of misappropriation of social’ property of a considerable and great value (that is, over 100,000 zlotys) frequently enjoy a reputation of good specialists, efficient organizers and friendly colleagues. Taking advantage of the others’ trust in them, they appropriate the property under their control in the course of their duties for the protection of which they are responsible. In the present study, one fundamental problem is formulated: what are the characteristics of persons convicted of misappropriation of social property of a considerable value, what are the most frequent motives of their offences and the circumstances of committing them. To find the answers to the above questions, the criminological-psychological examination whose sentenced had become valid in 1969 and 1970 for misappropriation of social property of a value exceeding 100,000 zlotys, to the detriment of the institutions they worked in, where they were responsible for protection of this property. The study represents the social and demographic characterization of 100 perpetrators of misappropriation of property, based on the analysis of court files and records concerning their financial standing. The second part of the study includes a psychological characteristics elaborated on the grounds of detailed individual psychological examination. 54 persons of the 100 whose files had been analysed were included in the psychological examination, as it was for many reasons impossible to reach all of the offenders. The following statements based on the social and demographic data are worthy of attention: - In the group of persons guilty of misappropriation of property of a considerable and great value, the percentage of women is much higher than in the entire population of the convicted offenders. In 1970, women constituted 11% of all persons aged 21- 65, whose sentences had become valid, while the percentage of women in the group under scrutiny was 34%. - The age of the offenders varied greatly (21-65), while the majority were aged 41-50. - The level of education of the offenders, with those with over elementary education prevailing (59%), was somewhat higher than that of all employees in national economy. - The type of job of the offenders was closely connected with their sex. Women are mainly employed in book-keeping departments, while men worked in purchasing centres and warehouses. 41% of Women and 56% of men occupied executive posts, which where, however, of lower grade, for example head of department. - As regards such demographic variables as social background, place of birth and residence, duration of work etc., the offenders did not differ significantly from the population of non-offenders. - The analysis of a family situation reveals no differences between the offenders at the time of apprehension and the entire population. The majority of them were married and had usually one or two children. A detailed analysis of the records concerning the financial standing of the offenders in the period of commission of the offence revealed their financial situation, as measured by their monthly wages and the budget per 1 person to be as follows: - Te mean wage of the whale of the offenders were 105% of the mean country wage. - Income per 1 person in the household (properly calculated in relation to 1970) was 400-2065 zlotys. In the group of offenders with 4-person household, the mean income per 1 person was 1056 zlotys, that is, approximately the social minimum. In the group of offenders whose household are more numerous, the income in question was 446-804 zlotys and was thus below the social minimum. The delinquency of the persons examined was as follows: - Among the group of 100 persons, there were 16% previously convicted for various offences, including only 1 person convicted for an offence against property. There were no former juvenile delinquents among the persons under scrutiny. - The misappropriation of social property was committed single-handed (54%) or in co-operation with other persons (46%). There existed a correlation between the form of commission of the offence and the type of job. Also the way in which the offence had been committed was related to the type of job. - The duration of criminal activities varied from 1 month to 15 years, the mean duration being 3 years 7 months. - The value of the property misappropriated by the offenders in 65% met the criteria of considerable value (over 100,000 to 200,000 zlotys) and in 35% - that of great value (over 200,000 zlotys). - The offenders had been sentenced for the misappropriation of property to 5 - 15 years of imprisonment (mean 8 - 10 years) and to fines of 50- 300 thousand zlotys. Individual investigation which was a basis for psychological characteristics of the persons was carried on in prisons. The mean period of the hitherto isolation was 2 years. Information obtained in the present study as to the family background of the offenders, their life stories, education and professional work, excessive drinking etc., clearly differentiate this population amongst other groups of offenders as described in other studies. There were no persons with criminal records among the parents and siblings of the offenders, as well as those excessively drinking or shirking work. Likewise, no distinct disturbances in the family situation of the offenders, in the period preceding apprehension in prison, were found. A majority of them were married and performed their family duties properly. The percentage of men who could be recognized as excessively drinking, was comparatively low among the examined persons. - The results of the intelligence test by means of the Wechsler-Bellevue Scale indicate no cases of lowered intelligence among the examined offenders. Mean IQ of the entire group was 116, that is over the average. The Eysenck's Personality Inventory revealed only small differences between the offenders and the control group derived from the population of Poland as regards the intensity of neurotism and extroversion. There was indeed lower intensity of extroversion among the men. Thus the obtained results did not confirm Eysenck's hypothesis that offenders were recruited from extrovertive neurotics. - As indicated by the accounts of the offenders as to the motives of committing the offence, nearly half of them were induced or even forced to commit it by their co-workers. Those who had initiated an offence were determined by a desire to get money they needed for amenities or to improve the living standards of their families, while the persons induced or forced to commit the offence were led first of all by the fear of losing their jobs. - Before they started their delinquent activity, the majority of the offenders had reflected on the possible consequences of their demeanour. They estimated the chances of avoiding penalty rather high, on the basis of their own professional experience, the acquaintance with their associates and the methods of supervision accepted in their places of employment. The circumstances that determined the fact that people similar to average non-criminal citizens in many respects, committed an offence, were as follows: on the one hand, a low in degree of internalization of the norm which prohibits stealing social property, accompanied by a strong “temptation” , and on the other hand, an estimation of high probability of avoiding awkward consequences, which resulted from: defective system of supervision, poor organization of work, uneconomical management, the climate of solidarity and tolerance towards the perpetrators of petty misappropriation of social property, and disorder in many institutions.
Źródło:: Archiwum Kryminologii; 1982, VIII-IX; 447-473
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 8.

Tytuł:: Rodzaje oraz wymiar kar orzekanych przez sądy wobec skazywanych kobiet w latach 1977-1980
Penalties imposed on women by the courts in 1917-1980
Autorzy:: Błachut, Janina
Powiązania:: https://bibliotekanauki.pl/articles/699082.pdf
Data publikacji:: 1983
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: rodzaje kar
wymiar kar
orzekanie kar
dane statystyczne
types of penalties
penalty amount
imposing penalties
prison sentences
types of crime
statistic data
Opis:: The general picture of sentences pronounced by the courts is affected by the visible differences in the structure of offences comitted by men and women. Prison sentences (the decisive factor in severity of sentence) are less frequently imposed on women. This is not the case, however, with regard to all offences. There are also situations where prison sentences are imposed more often on women than on men. Equally frequently, and sometimes even more often, women are sentenced to longer terms of imprisonment, that is, to terms of morethan three years. Suspended prison sentences are commoner among women than among men. But this is not the predominant type of sentence in all types of crime. For sometimes it is less frequent than limitation of liberty, and fines. In cases of suspended prison sentences, women are more likely than men to get sentences of less than a year's duration. Women are more likely than men to receive sentences consisting of a fine plus imprisonment. This is a consequence of the kind of offence they commit. Generally the fine is in the order of from 5,000 to 10,000 zlotys. The lowest fines are imposed on women more often than on men. The lowest sentences of limitation of liberty are imposed more often on women than on men. In both groups, the sentences range mostly from six months to a year. True, there are certain types of crime where maximum prison sentences are imposed on women more often than on men, but generally speaking the opposite is usually the case. Women, rather than men, are more likely to be given the lowest fines (imposed as independent penalties); more rarely, with the exception of a few types of ,crime, are they given the heaviest fines. It should be noted that as regards crimes against the family and the care of children (Art. 184, Art. 186), severer penalties are imposed against women, They are more frequently given higher fines along with terms of imprisonment, and also longer sentences of limitation of liberty. Greater leniency in the sentences imposed on women (a trend mentioned in many criminological studies) is indicated by the higher frequency of sentences that do not include imprisonment, although this trend as regards leniency is not always borne out by the severity of the sentences imposed.
The general picture of sentences pronounced by the courts is affected by the visible differences in the structure of offences comitted by men and women. Prison sentences (the decisive factor in severity of sentence) are less frequently imposed on women. This is not the case, however, with regard to all offences. There are also situations where prison sentences are imposed more often on women than on men. Equally frequently, and sometimes even more often, women are sentenced to longer terms of imprisonment, that is, to terms of morethan three years. Suspended prison sentences are commoner among women than among men. But this is not the predominant type of sentence in all types of crime. For sometimes it is less frequent than limitation of liberty, and fines. In cases of suspended prison sentences, women are more likely than men to get sentences of less than a year's duration. Women are more likely than men to receive sentences consisting of a fine plus imprisonment. This is a consequence of the kind of offence they commit. Generally the fine is in the order of from 5,000 to 10,000 zlotys. The lowest fines are imposed on women more often than on men. The lowest sentences of limitation of liberty are imposed more often on women than on men. In both groups, the sentences range mostly from six months to a year. True, there are certain types of crime where maximum prison sentences are imposed on women more often than on men, but generally speaking the opposite is usually the case. Women, rather than men, are more likely to be given the lowest fines (imposed as independent penalties); more rarely, with the exception of a few types of ,crime, are they given the heaviest fines. It should be noted that as regards crimes against the family and the care of children (Art. 184, Art. 186), severer penalties are imposed against women, They are more frequently given higher fines along with terms of imprisonment, and also longer sentences of limitation of liberty. Greater leniency in the sentences imposed on women (a trend mentioned in many criminological studies) is indicated by the higher frequency of sentences that do not include imprisonment, although this trend as regards leniency is not always borne out by the severity of the sentences imposed.
Źródło:: Archiwum Kryminologii; 1983, X; 87-102
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 9.

Tytuł:: Extreme criminal penalties - death penalty and life imprisonment in the Polish penal and penitentiary system
Skrajne kary kryminalne – kara śmierci i dożywotniego więzienia w polskim systemie karnym i penitencjarnym
Autorzy:: Klimczak, Joanna
Niełaczna, Maria
Powiązania:: https://bibliotekanauki.pl/articles/1375564.pdf
Data publikacji:: 2020-04-24
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: life imprisonment
death penalty
prison
penitentiary system
transformation
human rights
kara dożywotniego pozbawienia wolności
kara śmierci
więzienie
system penitencjarny
transformacja
prawa człowieka
Opis:: In the article we analysed how the introduction and application of life imprisonment in the period of transformation has impacted the development of the penitentiary system to date. We answered how and why the legislature eliminated the death penalty from the catalogue of penalties in the Polish Penal Code of 1997, and replaced it with life imprisonment. We took into account the statistics on life sentences passed in Poland. We present the evolution of the prison system, which for a quarter of a century had to cope with this difcult category of prisoners by fnding new legal solutions and applying international standards. We also discussed some conclusions of the scholarly study ‘Te best of the worst and the still evil: Prisoners serving life sentences’, which has been conducted since 2014 by our research team. Te study focuses on the management and application of this extreme punishment in Poland, the adaptation of prisoners with life sentences to the isolation and social dimension of imprisonment.
In the article we analysed how the introduction and application of life imprisonment in the period of transformation has impacted the development of the penitentiary system to date. We answered how and why the legislature eliminated the death penalty from the catalogue of penalties in the Polish Penal Code of 1997, and replaced it with life imprisonment. We took into account the statistics on life sentences passed in Poland. We present the evolution of the prison system, which for a quarter of a century had to cope with this difcult category of prisoners by fnding new legal solutions and applying international standards. We also discussed some conclusions of the scholarly study ‘Te best of the worst and the still evil: Prisoners serving life sentences’, which has been conducted since 2014 by our research team. Te study focuses on the management and application of this extreme punishment in Poland, the adaptation of prisoners with life sentences to the isolation and social dimension of imprisonment. W artykule przeanalizowałyśmy wpływ wprowadzenia i wykonywania kary dożywotniego pozbawienia wolności w okresie transformacji na dotychczasowy rozwój systemu penitencjarnego. Przedstawiłyśmy to, jak i dlaczego ustawodawca usunął karę śmierci z katalogu kar w polskim kodeksie karnym z 1997 r. i zastąpił ją dożywotnim więzieniem. Przedstawiłyśmy analizę statystyki orzekania kary dożywotniego pozbawienia wolności w Polsce od daty jej wprowadzenia. Zaprezentowałyśmy ewolucję systemu więziennictwa, który przez ćwierć wieku musiał poradzić sobie z tą trudną kategorią skazanych poprzez sięganie po nowe rozwiązania prawne i standardy międzynarodowe. Omówiłyśmy także niektóre wnioski z badań naukowych „Najlepsi z najgorszych i źli stale. Więźniowie dożywotni” – prowadzonych od 2014 r. przez nasz zespół badawczy. Badania koncentrują się na zarządzaniu i wykonywaniu tej ekstremalnej kary w Polsce, przystosowaniu więźniów do izolacji i społecznym wymiarze więzienia.
Źródło:: Archiwum Kryminologii; 2020, XLII/1; 225-252
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 10.

Tytuł:: Z rozważań o karach i środkach karnych o charakterze majątkowym (w świetle przepisów kodeksu karnego z 1997 r.)
Remarks on Penalties and Penal Measures of Pecuniary Nature (In the Light of the Provisions of 1997 Penal Code)
Autorzy:: Sienkiewicz, Zofia
Powiązania:: https://bibliotekanauki.pl/articles/698746.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara
środki karne o charakterze majątkowym
kodeks karny z 1997 r.
polityka karna
penalty
penal measures of pecuniary nature
penal policy
Polish Penal Code of 1997
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 629-641
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 11.

Tytuł:: Stosowanie środków specjalnych – nadzoru ochronnego i ośrodka przystosowania społecznego – wobec recydywistów skazanych w warunkach art. 60 k.k.
Employment of special measures (protective supervision and social readaptation centre) towards recidivists coming under art. 60 of the Penal Code
Autorzy:: Rzeplińska, Irena
Szamota, Barbara
Powiązania:: https://bibliotekanauki.pl/articles/699046.pdf
Data publikacji:: 1982
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: recydywista
środki specjalne
nadzór ochronny
przystosowanie społeczne
sąd penitencjarny
przestępczość
zwolnienie warunkowe
pozbawienie wolności
kara
recidivist
special measures
protective supervision
social adaptation
penitentiary court
criminality
parole
deprivation of liberty
penalty
Opis:: The Penal Code of 1969 introduced in Chapter VIII a complex of regulations defining the criminal liability tfor offences committed in the conditions of special recidivism. Two categories of special recidivism were introduced: basic recidivism (Art. 60 § 1 of the Penal Code) and multiple recidivism (Art. 60 § 2 of the Penal Code). To assume the first category, the following criteria are required: 1) commission of an intentional offence similar to the previous one, 2) execution of at least 6 months of imprisonment, 3) commission of a new offence within 5 years after discharge from prison. To impute the offender the commission of an offence coming under the second category of recidivism, the following conditions are necessary: 1) conviction for at least the fourth time, in this twice under the conditions of basic special recidivism, 2) repeated commision of an intentional offence to profit financially or of hooligan character, 3) total imprisonment of at least one year, 4) commission of a new offence within 5 years after the last imprisonment. For each of those two categories of recidivism, the principles of aggravated criminal liability are fixed by the Code, and they refer to less - serious - offences only. Towards persons coming under Art. 60 § 1 and 2, imprisonment within the raised limits is adjudicated. Towards such persons, absolute suppression of suspension of the execution of penalty was formulated. The strictness of these regulations is partly diminished by Art. 61 of the Penal Code, which created the possibility to depart from the aggravation of penalty as expressed in Art. 60, in "particularly justified cases, when even the lowest penalty inflicted on the basis of Art. 60 § 1 and 2 of the Penal Code, would be incommensurably severe". The Code fights special recidivism also by providing special measures against special recidivists coming under Art. 69 § 1 and 2: protective supervision (called "supervision" further on) and social readaptation centre (called "centre" further on). The first of them - supervision - is a non isolating measure, consisting in the control of behavior of the supervised person in the conditions of liberty. It is adjudicated for a period of 3 to 5 years (Art. 63 § 1 of the Penal Code). The second measure - centre - is of isolating character. The duration of stay in the centre is not appointed beforehand in the sentence: it is at least 2 years, at most 5 years long. After 2 years, the recidivist may be discharged by the execution of penalty court if there are good reasons to presume that he will not commit any offence after discharge (Art. 65 of the Penal Code). Special measures are executed after the sentence has been served. The principles of application of the special measures differ as regards both categories of recidivists: those coming under Art. 60 § 1 of the Penal Code (called "common recidivists" further on) and those coming under Art. 60 § 2 (called further "multiple recidivists"). The organs authorized to adjudge these measures are the criminal and execution of penalty courts. Their decision as to adjudgement of them may be taken at various stages of legal and executive proceedings: in the sentence (criminal court), in the latter part of imprisonment (execution of penalty court), and during the supervision (execution of penalty court). The principles of application of the special measures by the court which is to pass judgement in the case are stated in Art. 62 of the Penal Code. According to § 1, the application of supervision is optional towards the offenders coming under Art. 60 § 1. The court is here at liberty to decide as to the possible measures, as no premises to adjudge supervision are specified by the regulation. As to the recidivists coming under Art. 60 § 2, the adjudgement of one of the two special measures is obligatory, that of supervision as a rule. The adjudgement of the centre takes place only if the court recognizes supervision insufficient to prevent recidivism (Art. 62 § 2 of the Penal Code). The second instance when decisions are taken as to the application of the special measures is the close of imprisonment of the recidivists. The rulings of the execution of penalty taken at this stage of the proceedings modify those taken previously - that is, in the sentence - as regards the application of the special measures. In the case of common recidivists, these modifications may consist in adjudgement of supervision if it was not adjudicated in the sentence (Art. 91 of the Code of Execution of Penalties), or - if the recidivist is released on probation - in the specific conditional simulation of the supervision adjudicated in the sentence (Art. 98 § 1 of the Penal Code). If the release on probation is not cancelled by the court, the adjudgement of supervision loses effect (Art. 98 § 2 of the Penal Code). In the case of multiple recidivists, the modifications which may take place in the latter part of imprisonment as regards the adjudication of the special measures always consist in substitution of a strict measure by a milder one: the penitentiary court may replace the adjudgement of the centre with supervision (Art. 103 of the Code of Execution of Penalties) or release multiple recidivists on probation. The third closing stage of proceedings when the decisions on application of special measures are taken is the execution of supervision. In this stage, the position of recidivists coming under Art. 60 § 1 and 2 of the Penal Code is identical: they can both be sent to the centre in consequence of failure of the supervision (Art. 64 of the Penal Code). Thus the adjudgement of the centre in consequence of failure of supervision serves here as a measure to discipline the execution of supervision. The present study was based on the data from criminal records of the Criminal Register and the Central Files of Convicted and Temporarily Arrested Persons. The material from these records enables one to notice the differences, as regards the data they include, between the groups of recidivists distinguished in respect of the special measure adjudicated towards them, and thus, to define initially the criteria for application of these measures. As a conclusion, an attempt was made to define the general range of adjudgement of the special measures towards recidivists regardless of the stage of proceedings in which it took place. The research was of cross-sectional character. The examined population consisted of recidivists (coming under Art. 60) from the entire country and selected to 3 random samples: the first sample included all recidivists whose sentences had become valid within the period from March 1 till April 30, 1979 (1181 persons), the second sample included all recidivists discharged from prison within the period from February 1 till March 31, 1979 (874 persons), and the third one - all recidivists whose supervision had been completed within the period from April 1 till May 31, 1979 (544 persons). There were the total of 2599 cases, from which 72 cases had been excluded because of the lack of complete data in the Criminal Register. The final populations of the separate samples were thus as follows: I - 1146 persons, II - 869 persons, III - 512 persons (the total of 2 527 persons). The collected material was then analysed, that is, the groups of persons were compared, distinguished on the grounds of the type of the special measure adjudicated towards them, for instance the group of multiple recidivists towards whom supervision had been adjudicated was compared with the group sent to the centre. The above comparisons were made for each sample separately, and within the sample - separately as regards the common and multiple recidivists. The method of representing the results reflects , the analysis scheme: each sample has been represented in a separate part of the present paper. The study is summed un by an attempt to estimate the general range of adjudgement of the special measures towards recidivists. The results of the estimation indicate that the application of the special measures towards recidivists is of a very broad range. As many an approximately a half of the common recidivists had been subjected to supervision; failure occurred as regards 40 per cent of the supervised persons, which makes about 1/5 of all common recidivists, and these persons came under the regulation providing the adjudgement of the centre in consequence of the failure of supervision. In 40 per cent of the cases the cause of the unsuccessful termination of supervision was the non-compliance with orders and duties by the supervised person, and in 60 per cent - commission of a new offence. As regards multiple recidivists, there were as few as 14 per cent of them towards whom no special measure whatever had been adjudicated, owing to adjudgements of the execution of penalty courts. Approximately 27 per cent of the multiple recidivists had been sent to the centre immediately from prison, while approximately 59 per cent had been subjected to supervision. In over a half of these cases supervision was unsuccessful, which makes about 1/3 of the multiple recidivists. The cause of the unsuccessful termination of supervision was in 2/3 of the cases commission of a new offence, and in 1/3 of the cases non-compliance with orders and duties.
Źródło:: Archiwum Kryminologii; 1982, VIII-IX; 151-190
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Rozmiary przestępczości wśród dawnych podopiecznych sądu opiekuńczego – dzieci rodziców z ograniczoną władzą rodzicielską
Extent of Crime Among Former Juveniles Whose Parents Were Limited in Their Parental Authority, and Who Were Under the Care of Juvenile and Civil Courts
Autorzy:: Strzembosz, Adam
Powiązania:: https://bibliotekanauki.pl/articles/699060.pdf
Data publikacji:: 1982
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość
sąd opiekuńczy
ograniczona władza rodzicielska
władza rodzicielska
kara
warunki rodzinne
małoletni
zaburzenia w zachowaniu
karalność
rozmiary przestępczości
niedostosowanie społeczne
criminality
guardianship court
limited parental responsibility
parental authority
penalty
family conditions
minor
behavioral disorders
penality
extent of crime
social maladjustment
Opis:: The reported research is a continuation of the studies on families under court’s supervision in consequence of the limitation of parental authority. The former studies were conducted on the sample of such families representative of the entire country, which consisted of 757 families with the total of 1,436 children in whose interest protection proceedings has been instituted in 1973. While in that phase of research an attempt was made to characterize the families and the children that came within the above proceedings and to describe the action of the court and the efficiency of the measures adjudicated by the court, in the present studies the further fates have been studied of 330 boys and 252 girls - formerly under the care of the court - who were aged at least 19 on September 1, 1980 (they were aged 19 - 24, mean age being 22). During the research, it was found that among the persons under examination - after coming up to the age of 17 (upper limit of minority) - there were 27% of men and 7% of women with criminal records (12% of men and 2% of women had been convicted at least twice). This percentage was three times higher as regards the convicted men and 8 times higher as regards the convicted women in comparison with the extent of crime measured by the number of convictions among men and women aged 21. Among the convicted men there were as many as 49% convicted for larceny, 19% for robbery, and 13% convicted for offences against person. As many as 84% of men were convicted for offences against property only, or for these offences as well as for others. The structure of crime of the persons under scrutiny differs from that of the whole of young adult offenders (aged 17 - 20) as regards the high percentage of those convicted for larceny. In this respect it resembles the structure of crime of the juveniles formerly under care of juvenile courts in, the cases pertaining to parental rights in Warsaw, but only as regards the sons of alcoholics (also aged 22 on the average), as the sons of non-alcoholics were in a much higher percentage convicted for offences against person, characterized by a large intensity of aggressiveness. The offences of the persons under examination resemble juvenile delinquency in the eldest age groups, though the harmfulness of their offences is much greater. 50% of the convicted men had been sentenced to immediate imprisonment already in their first case, 95% - in their second case, and all of the convicted men –in their third case. An attempt was made to differentiate the category of the investigated sons who would be characterized by a higher extent of crime when aged over 17; however, no increase in offending was found both among children from broken homes and among those whose parents revealedconsiderable social demoralization. Even the percentage of socially demoralized mothers whose sons had criminal records when aged over 17 was only slightly higher than that of socially adjusted mothers of the convicted men. On the other hand, the men coming from towns were considerably more frequently convicted as compared with those coming from the rural areas, which seems to shake the now established opinion about the small differences between the intensity of crime in the town and the country, if we take into account the offender’s place of residence and not the place where the given offence has been committed. In spite of the confirmation by the present study of the well known regularity that there is a higher percentage of persons convicted when aged over 17 among those who revealed early behavior disorders, and in spite of the fact that there is a correlation between the improvement in the minor’s behavior accomplished by the probation officer during his supervision and the subsequent clear record of his former probationer - no correlation was found between the way in which the supervision had been performed and the criminal records of the men when aged over 17. Such a correlation was not revealed even by comparing the most highly estimated supervision with this actually not performed at all. This proves the predominating role of factors other than probation officer’s supervision in the process of forming social attitudes of the youth. Since even those of the probation officers, who perform their supervision reliably and efficiently, are not in approximately one half of the cases able to cause improvement of their probationer’s behavior, then the role of other factors independent of the officer’s action is immense and their further negative or favourable influence may - in course of time - wholly destroy the impact of the methods of supervision. Therefore not only the probation officer’s efforts should be supported by creating the actual possibilities for him to organize the proper educational environment for his probationer but also these social processes should be strenghtened which promote the internalization by children and youths of favourable patterns of behavior and moral standards.
Źródło:: Archiwum Kryminologii; 1982, VIII-IX; 271-290
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 13.

Tytuł:: Orzeczenia zbieżne (concurrent sentences) i orzeczenia konsekutywne (consecutive sentences) w angielskim prawie karnym
Autorzy:: Błachnio-Parzych, Anna
Powiązania:: https://bibliotekanauki.pl/articles/1788176.pdf
Data publikacji:: 2016-09-15
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: orzeczenia zbieżne
orzeczenia konsekutywne
angielskie prawo karne
zbieg przepisów
kwalifikacja prawna czynu
wymiar kary
kara łączna
zbieg przestępstw
państwa obce
Wielka Brytania
concurrent sentences
consecutive sentences
English criminal law
concurrence of legal rules
legal qualification
assessment of penal sanctions
aggregate penalty
concurrence of offences
foreign country
Great Britain
Opis:: The purpose of this article is to analyze the institution of the concurrent and the consecutive sentences in the English criminal law. The differences between them are based on the way they are executed and on the premises which courts take into consideration. Generally, the concurrent sentences are imposed for offences which arose out of a single act and therefore the terms of imprisonment shall run at the same time (concurrently). However, a deeper analysis of the literature and the case law of the English courts leads to the conclusion that the differences between them are not so important, because the main role plays the totality principle. It changes the way the institution of the concurrent and the consecutive sentences shall be perceived.
Źródło:: Studia Prawnicze; 2016, 2 (206); 157-170
0039-3312
2719-4302
Pojawia się w:: Studia Prawnicze
Dostawca treści:: Biblioteka Nauki