Temat: persons - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Teoretycznoprawne aspekty przedstawicielstwa organizacyjnego jako pragmatycznego sposobu reprezentacji osoby prawnej
Autorzy:: Mucha-Kujawa, Joanna
Powiązania:: https://bibliotekanauki.pl/articles/1788231.pdf
Data publikacji:: 2017-05-16
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: osoby prawne
reprezentacja osób prawnych
przedstawicielstwo organizacyjne
legal persons
representation of legal persons
organizational representation
Opis:: The subject of legal entities’ representation in private law trading is of utmost importance because it affects the correctness of legal acts performed by these entities. The author, having analyzed the origins of legal entity’s representation and the form of legal entity’s representation on the grounds of European models (Germany) shows that in European countries of German legal traditions the model of organizational representation (organschaftlicher Vertretung) is being applied more and more commonly. On the grounds of Polish law the legal concept and model of the body of legal entities have based on the so called theory of bodies (organs) until recently. At present, under the influence of European solutions (Germany, Austria, Switzerland) there is a tendency to treat the bodies of legal entities as organizational representatives (of statute nature), i.e. the third – beside legal representation and based on contract - type of representation. It seems, however, that organizational representation constitutes a pragmatic alternative for the hitherto, formal concept of the theory of bodies (organs), which may substantially affect the flexibility of trading.
Źródło:: Studia Prawnicze; 2017, 3 (211); 149-170
0039-3312
2719-4302
Pojawia się w:: Studia Prawnicze
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 2.

Tytuł:: International Law and Ageism
Autorzy:: Mikołajczyk, Barbara
Powiązania:: https://bibliotekanauki.pl/articles/706826.pdf
Data publikacji:: 2016-07-26
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: ageism
dignity
human rights
international law
older persons
Opis:: In the 21st century ageism is becoming the most widely spread phenomenon. It has become so extensive that presently many more seniors in Europe are exposed to ageism than other people to sexism or racism. Contrary to other vulnerable groups, the elderly do not enjoy any binding instrument that could protect them and their dignity against ageism in the same way that women and racial groups are protected against sexism and racism. Unfortunately, the UN General Assembly resolution, supposed to be a first step to drawing up such a convention, was adopted with a significant number of abstentions, leaving the fate of a potential treaty on the rights of the elderly uncertain. On the other hand, in 2014 the Committee of Ministers of the Council of Europe adopted a new recommendation, and in June 2015 members of the Organisation of American States adopted a treaty protecting the elder’s rights. Taking into account these new circumstances, the idea underlying this article is to investigate the ability of international instruments to limit ageism and protect older persons’ dignity, as well as to indicate existing gaps.
Źródło:: Polish Yearbook of International Law; 2015, 35; 83-108
0554-498X
Pojawia się w:: Polish Yearbook of International Law
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 3.

Tytuł:: Przestępstwa stwierdzone w latach 1965–1969 oraz osoby podejrzane o ich dokonanie (na podstawie danych statystyki milicyjno-prokuratorskich)
Offences Discovered in 1965–1969 and the Persons Suspected of Them (data based on police statistics)
Autorzy:: Mościskier, Andrzej
Syzduł, Edward
Powiązania:: https://bibliotekanauki.pl/articles/699152.pdf
Data publikacji:: 1972
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: statystyka policyjna
przestępstwa
podejrzany
police statistics
offences
persons suspected
Opis:: The publication compiles data from police records on offences discovered in 1.965 – 1969 and the persons suspected of them.
Źródło:: Archiwum Kryminologii; 1972, V; 270-303
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 4.

Tytuł:: Risk Assessment and the Safe Return and Reintegration of Trafficked Persons
Autorzy:: Ludwig, Elisa
Powiązania:: https://bibliotekanauki.pl/articles/698646.pdf
Data publikacji:: 2016
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: reintegracja
handel ludźmi
ofiary handlu ludźmi
risk assessment
safe return
trafficked persons
reintegration
Opis:: Human trafficking is a complex crime and a capital perpetration against human rights and in particular women’s rights. Moreover, it is a threat to inter-/national security and freedom. People affected by trafficking often want to or even have to return to their home countries – and they are entitled to a safe return. The expertise on Risk assessment and the Safe Return and Reintegration of trafficked persons from the perspective of Polish institutions aims to enable public officers of Poland to prevent retrafficking and/or other harms and violations of human rights, in case that trafficked persons decide to return to their countries of origin or to resettle to a third country. For that matter, the paper starts with describing the identification process as the most important step in order to enable any further assistance concerning support-, protection-, safety- and possible legal measures; including the preferably voluntary return of a survivor. Having a clear definition of human trafficking – orientated on the Polish Penal Code – is the basic requirement in order to properly identify (presumed) victims of trafficking. As experience and empiricism show, failure in the identification procedure is the most common reason for repeated trafficking in human beings or other violations of human rights. Therefore, the indicators presented in this chapter serve as an identification-checklist for the officers concerned. The experts responsible of the formal identification then have to act upon any suspicion that may arise. As soon as this is given, a reflection period has to be granted to any presumed victim. The provision of this reflection period represents an indispensable principle in the adequate assistance of trafficked persons and is highlighted at the end of the chapter on identification. In the following, the paper continues with the framework of a safe return, where the measures necessary to successfully carrying out a proper risk analysis and designing security scenarios are introduced. In order to prioritize the trafficked person’s rights, safety and dignity, coordinated action in conducting a safe return between state actors and NGOs, embassies and consulates have to be emphasized. After putting a spotlight on the importance of a human rights based approach in the assistance of trafficked persons, the expertise goes more specifically into the required steps to conduct a systematic risk assessment. Here, the history of the trafficked person, research on additional sources in order to compile all possible facts and the concerted shaping of security scenarios between all involved actors are pointed out. A safe return always has to include a successful reintegration in the country of origin respectively in a third country, where the trafficked persons might need to be resettled. For this reason, the situation for survivors after the return is examined. As part of the monitoring procedure, actors have to assess the success of a safe return including the reintegration experiences of a trafficked person. The respective indicators to ensure a successful reintegration are enlisted at the end of that chapter. Finally, the expertise discusses the specific role of Polish public authorities and deals with their prospects and challenges, before it completes with examples from the practical experiences of Anti-Trafficking NGOs. Exigencies like the cooperation with specialized NGOs as early as possible during the identification phase, the provision of legal residences, the needed interventions concerning free mobility of trafficked persons and the requirements to support departure, migration and entry processes are examined more in-depth in the penultimate chapter. Eventually, the expertise describes specific challenges Polish public authorities have to face and closes with the chapter to a Best Practice and a Worst Case Scenario from Anti-Trafficking NGOs.
Źródło:: Archiwum Kryminologii; 2016, XXXVIII; 141-160
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 5.

Tytuł:: Rodzaj popełnionego przestępstwa jako dyrektywa wykonywania kary pozbawienia wolności wobec skazanych za uchylanie się od alimentacji
Type of Crime Committed as a Directive to Enforce Imprisonment against Persons Convicted of Alimony Evasion
Autorzy:: Lelental, Stefan
Powiązania:: https://bibliotekanauki.pl/articles/698758.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kary pozbawienia wolności
uchylanie się od obowiązku alimentacyjnego
przestępstwa przeciwko rodzinie i opiece
przestępstwo niealimentacji
persons convicted of alimony evasion
offences against the institutions of family, guardianship and against young persons
obligation of alimony
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 719-727
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 6.

Tytuł:: Prawa osadzonych w praktyce penitencjarnej w świetle ustalonych porządków wewnętrznych jednostek penitencjarnych i ich konfrontacja z orzecznictwem ETPC
Prisoners’ Rights in Penitentiary Practice in the Light of the Internal Orders of Penitentiary Units and ECHR Jurisprudence
Autorzy:: Jaworska-Wieloch, Anna
Sitarz, Olga
Powiązania:: https://bibliotekanauki.pl/articles/698765.pdf
Data publikacji:: 2018
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawa skazanych
zakład karny
areszt śledczy
porządki wewnętrzne
rights of convicted persons
prison
detention centre
internal order
Opis:: The present state of scientific knowledge suggests that individuals cannot be deprivedof fundamental human rights. Human dignity must be respected and protected,especially in the case of individuals in difficult circumstances. Prison is certainly notan easy place to be. People in custody can feel lonely, separated from their families,friends or working life. The difficult situation that they are facing can lead to loneliness,susceptibility to diseases, an increased risk of aggression and severance of family ties.People in such a situation can easily fall victim of assaults on human dignity. That iswhy the ruling elites should make every effort to ensure their rights.In those circumstances, prisoners’ rights must be guaranteed by law. In accordancewith the principle of proportionality enshrined in Article 31 section 3 of the Constitutionof the Republic of Poland, the rights and duties of persons remanded in custodyhave to be regulated by legislation, mainly by the Executive Penal Code. In addition,according to the rules laid down in Article 4 section 2 of the Executive Penal Code,imprisoned persons retain their civil rights, and any restrictions on their rights maybe justified only if they are stipulated by law and valid decisions based on statutorygrounds. However, it should not be overlooked that the final shape of the rights ofpersons remanded in custody is influenced by secondary legislation and even de cisionsof the director of a penitentiary unit or other officers. By way of example, prisoners’visiting rights have to be guaranteed by law. For example, if the relevant legislationensured that the prisoner has the right to visits by the family every month, such visitscould preferably take place at a convenient time, e.g. at weekends.The aim of this paper was to confront the legal acts with statutory and internationalregulations which impact on the situation of prisoners. This situation wascompared with the decisions of the European Court of Human Rights. Internalorders of penitentiary units laid down by their directors were analysed from twoperspectives. Firstly, the authors verified if the directors implemented their internalorders in pursuance of the law. The issue is that any limitation on the vested rights hasto be based on law. Secondly, it is important how selected human rights are respectedin the internal orders and whether any such limitations are justified in the light of the applicable law and ECHR jurisprudence. For example, such issues as waterand bath availability, the right to use electricity, walking conditions, right to visits byfamily and friends, telephone contacts and access to the Internet, practising faith wereexamined during the research. Penitentiary isolation impacts on the prisoners’ freedom,especially in some types of penitentiary units. Therefore, particular attention shouldbe paid to improve the detention conditions. However, it should not be forgotten thatthe deprivation of liberty is punishment in itself. There is no need to cause unnecessarysuffering, especially without legal grounds. By the same token, it is not necessary tomake the burden of isolation heavier. The authors pointed out solutions inserted intopenitentiary, accessing its relevance. Any restriction of the prisoners’ rights musthave a legitimate basis laid down by law. The financial standing of countries, prisonovercrowding and an insufficient number of officers cannot be an excuse for anygovernment. The penitentiary system should be organised in such a way as to ensurefull respect for the rights of all prisoners. T he paper also points to the lack of detailedregulations in individual units, despite the obligation for such regulations to exist. Aswell as other problems, there is also the issue of regulations which became too wideand general, contrary to the principle of legal certainty. In effect, it is difficult to enforcein practice some rights which are not expressly conferred by law.
Źródło:: Archiwum Kryminologii; 2018, XL; 459-494
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 7.

Tytuł:: Ułaskawienia Prezydenta Bieruta. Losy wniosków o ułaskawienie skazanych przez sądy wojskowe (1947-1952)
President Bierut’s Pardons. The Treatment of petitions for Pardon of Persons Convicted by Courts Mortial in 1947-1952
Autorzy:: Wojciechowski, Grzegorz
Powiązania:: https://bibliotekanauki.pl/articles/699080.pdf
Data publikacji:: 1995
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: ułaskawienia
wnioski o ułaskawienie
Bolesław Bierut
skazani przez sądy wojskowe
1947-1952
pardons
petitions for pardon
persons convicted by courts mortial
Opis:: The study deals with the procedure and practice of granting pardons by the President of Republic of Poland Bolesław Bierut to persons convicted ty mortial courts. Analyzed have been the years 1947–1952, that is President Bierut’s term in office. Before, in the years 1944–1947, he was President of the National People’s Council, and afterwards, from 1952 till his death in 1956 – President of the Council of State. The 1947–1952 period has been selected for analysis not only for the above formal reason of President Bierut’s term in office. Bierut had the powers to grant pardons also as President of the National People’s Council (1944–1947) and, later on, as President of the Council of State (1952–1956). Thus the years 1947–1952 have been chosen for substantive reasons, too, as they were the period of particularly intense penal repression applied by courts mortial in Poland. It was directed chiefly against political opponents – real and alleged alike – of the new regime. Finally, the archival resources of the Civil Chancellery of President of Republic of Poland, kept in the Archives of New Files in Warsaw, make it possible in principle to fully reconstruct the procedure and practice of granting pardons. In the years 1947–1952, while holding the office of President of Republic of Poland, Bolesław Bierut was also leader (lst Secretary) of the ruling Colmmunist Party: first the Polish Workers’ Party and then, from December 1948 on, Polish United Workers’ Party. The author discusses the particularly repressive nature of law as applied by courts mortial to which also common courts reported. He also points out that the law was infringed quite freely by the investigating agencies, public prosecutors, and finally by courts mortial. Severe penalties were therefore imposed not only on the real but also on alleged opponents of the new regime. The investigating and prosecuting agencies concocted criminal cases of persons who were innocent under the law, and the courts sentenced those persons. This way, the Polish administration of justice was involved in political struggle. Its ideological justification was provided by Joseph Stalin’s theory of intensification of class struggle with progressing building of so-called “socialism” which found it legal expression in a theory, formulated by a Soviet politician and lawyer Andrei Vishinsky, on the defendant’s admission of guilt (forced by torture, of course) as the crown evidence in judicial proceedings. The author stresses that in his capacity as leader of the ruling Party and at the same time Head of State, Bolesław Bierut actually initiated many political trials based on faked investigation and often leading to the defendant being sentenced to death by a court mortial. According to the statutory procedure, such defendants then petitioned President Bierut for pardon which means that the case actually made a full circle. The author states that the middle level agencies of administration of justice notified the leaders of the ruling Party of glaring breaches of the law but the information never met with any response. The author points to numerous formal defects in the application of the pardon procedure; for example, some decisions refusing pardon do not even bear the President’s signature. The petitions, filed by the convicted person or his family or examined ex officio were in most cases accompanied by a negative opinion of the Supreme Military Court and Chief Military Prosecutor’s Office. There were cases in which a person sentenced to death in summary proceedings was actually executed without the obligatory pardon procedure. In one case, pardon was probably refused after the actual execution. The opposite also happened: convicted persons were not executed despite the fact that pardon had been refused to them. The reason was that they were needed in other penal proceedings. The duration of pardon proceedings – of special importance in the case of death sentences – was not regulated by law and ranged from three days to three months. The author analyzes petitions for pardon filed by persons convicted by courts mortial. There were the total of 2,591 such petitions, including 1,813 (about 70%) filed by persons sentenced to capital punishment. The President of Republic of Poland pardoned 589 persons or 32% of all those sentenced to death. There were among them both common criminals and political offenders. It is most difficult to guess the motives of the President (or his closest associates) which guided his decisions on pardon. In some cases, he simply followed the opinion of persons with whom he reckoned. The President’s discretion – the essence of the right of pardon – can be supposed to have played the smallest part. The procedure and practice of the exercise by President of Republic of Poland of his right of pardon was among the elements of the practice of lawbreaking in Poland in the years 1947–1952.
Źródło:: Archiwum Kryminologii; 1995, XXI; 153-189
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 8.

Tytuł:: Analiza bio-psycho-społecznych uwarunkowań zjawiska niepodejmowania pracy
Analysis of the bio-psycho-social conditions of attitudes towards work
Autorzy:: Rożeńska, Regina
Przybysz, Rafał
Szamburska, Jolanta
Powiązania:: https://bibliotekanauki.pl/articles/699276.pdf
Data publikacji:: 1988
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: analiza
praca
postawa
zakres pracy
uchylanie się
zatrudnienie
przestępstwo
zachowanie
szansa
destabilizacja
osoby
analysis
work
attitude
operating range
evading
employment
crime
behaviour
chance
destabilization
persons
Opis:: The paper has been devoted to the discussion of the findings of an interdisciplinary empirical study of the phenomenon of evasion of work. An attempt was made in the study to reach the psycho-social and biological conditions of attitudes towards work. From among the properties that characterize the group of persons evading work, the authors were particularly interessted in: the degree of professional destabilization, committing offences excessive drinking, family destabilization, psychological variables, and state of health. Subjects of the study were men aged 30-31 from the city of Łódź, registered as evading work in the employment agency and in social-administrative divisions of the state administrative agencies. Among all of the persons registered in the above-mentioned age group, most motions concern a group of 103 persons (NP). These 103 persons were submitted to direct medical, psychological and sociological examination, while a number of data concerning the entire group of 843 persons were gathered by means of indirect methods (analysis of documents). The latter made it possible to describe in more detail problems as important as crime, excessive drinking or state of health. As a control group, a group of 204 men (P) working in great industrial plants in Łódź was examined by means of all of the above-mentioned methods. 8 hypotheses have been formula ted that expressed the relations between the separate characteristics of the examined persons. Not all of these hypotheses have been verified acording to our theoretical expectations. To mention the most important conclusions only, it should be stated that about one-fourth of the total of 845 men were fit for being taken off the register of persons evading work. None on these persons were included in the basic 103-person sample; yet this group was examined for pragmatic reasons together with the population in the case of which indirect of examination were applied (analysis of documents). Another finding that might seem interesting is that 13 per cent of the examined persons may be suspected with high probability of having seemingly taken a job in order to circumvent the law. From among other data concerning the entire 845-person population the fact should be taken into consideration that 22.7 per cent of them are treated in mental health and (or in withdrawal clinics, with the majority treated in the former), and that 49,5 per cent of them have committed offences (transgression left out of account), the majority committing the same type of offence repeatedly. As far as the basic group of 103 persons is concerned, one of its most important traits appears to be extensive drinking and crime. The latter shows a somewhat greater intensity as compared with the entire population; as many as 54.5 per cent of persons committed offences, and over 60 per cent of them are recidivists. Crime can be found but in isolated cases in the group of working men (5 per cent). The kind of offences committed in the group of persons evading work seems symptomatic. Their offences are poorly differentiated and practically resolve themselves to three groups: 1 ) against the property; 2) against person; 3) against family with an emphatic prevalence of those of the first group. This structure may be recognized as typical of the population of persons who evade work. The predomination of various kinds of thefts, mostly petty ones, may be treated as the way of securing material resources which for various reasons are not secured in socially accepted ways. A nearly complete absence of serious and most serious offences testifies to a specific type of demoralization which is however not dangerous to the society. One can also speak in earnest of high intensity of alcoholism in this group. About two-thirds of men drink excessively; over a half of those drinking are alcohol dependent. Generally speaking, the basic problem of destabilization of the professional career may be expressed as follows: Near1y 20 per cent (of the 103-persons group) reveal symptoms of complete professional destabilization, and 35 per cent are considerablv destabilized. A slight degree of professional destabilization can be found in 10 per cent, while in the group of working men (P) this category (together with that characterized by full stabilization) is most numerous one, amounting to nearly 90 per cent. It should also be added that in the latter group (P) there is a number of persons (10.5 per cent) who reveal a considerable degree of professional destabilization.(The index of professional stabilization included among other things number of years in work number of practised professions, length of employment in the trained profession, number of workplaces in which the given person was employed, kinds and lengths of intervals employment). State of health undoubtedly plays an important part in professional stabilization. The data from this field point to a considerable decrease of the ability to work. The percentage of persons with disorders of somatic health is high and amounts in the groups NP and P to 91.1 and 88. 8 per cent respectively; these disorders are however of a varying character, with serious ones found in 36 and 21 per cent of groups NP and P respectively. in the unemployed group, the percentage of persons whose diseases are related to their lack of personal hygiene and irrational mode of life (e.g. excessive drinking) is significantly higher. Hence the frequent gastroduodenal troubles, diseases of the urogenital system, and the serious though underrated lesions of dentition. Moreover, in as many as 67 per cent cases in this group, tattooings and self-mutilations characteristic of the delinquent subculture could be found. As far as the examined persons mental condition is concerned, psychopathic personality disorders can be noticed to predominate decidedly in the group NP-41 per cent; in 18 per cent of these persons, organic grounds of the discovered troubles can be suspected (lesions of the central nervous system); in 4 cases, epilepsy was diagnosed. Evident disorders of psychic function which limited the ability to work were found in 15 per cent of persons in the unemployed group; slight disorders- in 28 per cent; and trivial ones - in 47 per cent. In group P, the percentages were 2.3 and as many as 52 respectively. The state of somatic and mental health served as the base for the given person's ability to work. In none of the cases permanent (complete) inability to work was found; 12 per cent had a seriously, 39 per cent significantly, and 33 per cent - slightly limited ability to work (in group P ,5.4;20; and 29 per cent respectively). It may be concluded that significant health troubles (all the more those less serious) do not necessarily constitute a sufficient excuse for renouncing professional activity (not in every case at any rate). The fact should however be taken into consideration that excessive drinking frequently found in the cases of persons evading work and the possible organic background of psychopathic personality disorders many of them are suffering from, may disturb their proper attitude towards work and constitute a relative premise to recognize their ability to work to be lowered, particularly if work is interpreted as a permanent employment. The level of intelligence fails to differentiate the examined groups if their level of education is taken into account. As regards psychological variables, the element which particularly differentiates the two examined groups is a specific type of attitude towards values and ones own development which renders it impossible to define explicitly the probable future course of behaviour. This type of attitude is found most frequently in those who do not work. Favourable attitudes, admittedly characteristic of the working persons (79.6 per cent), can nevertheless also be found in these evading work (47.3 per cent). Also the fact seems worthy of attention that explicitly negative attitudes occur with a similar frequency in both of the examined groups (P-9.7; NP - 14 per cent). Besides the general description of the traits that characterized persons who evade work, also the relations between the separate properties seem even more important as they provide information about the coexistence of various phenomena thus making it possible to draw more or less correct conclusions as to the causality of various kinds of behaviour. In one study, an attempt was made to follow about 40 types of mutual conditions of the analyzed traits. Using statistical measures of dependence between the variables in two cases a very high, in 7 cases-high, and in 15 cases-an average level of the strength of correlation between variables was found. The most strongly correlated phenomena are those of destabilization and crime on the one hand, and of excessive drinking and the state of mental health on the other hand. A high level of correlation can be found first or all between professional destabilization and excessive drinking, and between the state of mental health and professional destabilization. Instead some of the expected interdependences were not confirmed. There are among them the relation between professional destabilization and the state of somatic health, excessive drinking and the state of somatic health, early educational problems and professional destabilization. To sum up the above random data, it may be stated that persons who evade work greatly "outpace" those who are employed as regards all of the negative aspects analyzed in the study, this difference being only too evident regarding the. particularly pathological types of behaviour such as crime and excessive drinking. This concerns first and foremost the central issue of professional destabilization. The group of persons who evade work is greatly differentiated in many respects and one can hardly apply towards these persons identical diagnostic and prognostic criteria. There is no doubt, however, that when intending to shape a proper attitude towards work, one should focus ones attention on four planes of the individual's life situation. They are: the family and school milieu, the individual's own vision of his professional activity, the working environment interpreted as the sum of chances and limitations of human activity, and disfunctional behaviour (crime and excessive drinking). In our opinion, also other reference systems should not be left out of account, which undoubtedly play important part in the individuals shaping of his vision of professional activity.
Źródło:: Archiwum Kryminologii; 1988, XV; 153-202
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 9.

Tytuł:: Past Conflicts, Present Uncertainty: Legal Answers to the Quest for Information on Missing Persons and Victims of Enforced Disappearance. Three Case Studies from the European Context
Autorzy:: La Vaccara, Alessandra
Powiązania:: https://bibliotekanauki.pl/articles/706630.pdf
Data publikacji:: 2018-09-01
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: Katyń
Spanish Civil War
Kaprolat/Hasselmann incident
enforced disappearances
missing persons
intertemporal law
continuing violation doctrine
European Court of Human Rights
international humanitarian law
armed conﬂicts
Opis:: This article is intended to provide a legally sound explanation of why and how the contemporary International Humanitarian Law and International Human Rights Law legal frameworks offer tools to address the uncertainty, lack of information, and the consequences thereof in relation to missing persons and victims of enforced disappearances in the context of armed conflicts which predated the adoption of such frameworks. To this end, three scenarios will be examined: the contemporary claims of the families of those who were killed in the Katyń massacre in 1940; the claims for information and justice of the families of thousands who were subjected to enforced disappearances during the Spanish Civil War between 1936 and 1939; and the identification efforts concerning those reported missing while involved in military operations in the context of the 1944 Kaprolat/Hasselmann incident which took place during the Second World War. The analysis of these scenarios is conducive to the development of more general reflections that would feed into the debate over the legal relevance of the distant past in light of today’s international legal framework.
Źródło:: Polish Yearbook of International Law; 2017, 37; 35-69
0554-498X
Pojawia się w:: Polish Yearbook of International Law
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 10.

Tytuł:: Metodologiczne problemy badań typu self-report
Self-report study: methodological problems
Autorzy:: Siemaszko, Andrzej
Powiązania:: https://bibliotekanauki.pl/articles/699246.pdf
Data publikacji:: 1988
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: nauczyciel
raport własny
problemy metodologiczne
zachowanie
rozwój
dzieci
własność
ankieta
młodzi ludzie
przestępczość
teacher
self-report
methodological problems
behaviour
development
children
property
questionnaire
young persons
delinquency
Opis:: Self-report studies are gradually becoming the predominating current of empirical research in criminology. This is particularly the case with etiological studies of deviant behaviour in young persons. However, the present popularity of self-report studies is not accompanied by improvement of their methodological aspect. No important development of the methodology of these studies has occured since the pioneer works of Short and Nye. It is the fundamental aim of the present paper to point to these of the methodological questions on which the further development of self-report studies will depend most. In Chapter I, the first works have been discussed in which the self-report methods were applied. The works anaiyzed are those of Murphy at al. Porterfield, as well as Wallerstein and Wy1e. Particular attention has been given to the methodological and substantive aspects of the series of studies carried out by Short and Nye. Chapter II contains the presentation of findings of the Polish self-report studies. The first attempt at a self-report study was made in the early 1960s by Malewska and Muszyński. A national random sample of pupils of the sixth grade of primary school n =2,222) was examined by means of an anonymous questionnaire. The basic aim of the study was to define the children's attitude towards the ownership rights and the situations in which violation of these rights is admissible. Besides, the authors were interested in how children perceived given situations to be thefts. Thus the question whether the respondents ever happened to take another person’s property was but a fragment of the questionnaire which served another purpose in its essence. To the question: "How often do you happen to take another person's property?", 0.8 per cent of the children answered ,,very often," 4.2 pet cent - "often," 26.6 per cent - "sometimes," and. 34.5 per cent-,,seldom’’ Like Malewska and Muszyński, also Szemińska and Gołąb aimed at defining the moral sense of young persons: pupils of primary schools (n=61) and inmates of educational institutions (n= 64), asking also about the extent and structure of deviant behaviour. The respondents answered anonymously in writing. The two compared groups of boys differed from each other considerably as far as both the frequency and the seriousness of thefts commited was concerned. While the majority of "delinquents" admitted a large number of thefts, the "nondelinquents" 'in their vast majority owned up to 1-2 thefts at most, mostly of small objects they stole from their classmates or next of kin with the intention to use these objects themselves." The study of Szemińska and Gołąb raises doubts, both as regards its merits and methodology. Among other things, in spite of the fact that various offences were committed by both of the discussed groups, the authors use a dichotomic pair of notions: delinquent and non-delinquent, failing to put these words in quotation marks which are necessary in this situation. In the years 1976-1977, Ostrihanska and Wójcik conducted a large self-report study of a random sample of pupils of grades 3-8 of Warsaw primary schools. 50 schools were selected at random, in which the study was carried out by means of a questionnaire in 120 classes, also randomly selected (n=3,177, of which there were 1,631 boys and 1,546 girls). The self-report study was part of a broader research programme aimed at estimating the extent of social maladjustment in the youth and defining its causes. Among other things, the questions concerned the following phenomena: school failures, truancy, running away from home, drinking alcohol, taking drugs, free riding, destroying another person’s property, other acts against property (including thefts, frauds, robbery-,,taking something from a younger child by constraint"). The possible answers were as follows: ,,never", ,,once'’, ,,2-3 times’’, ,,4-10 times’’, ,,more frequently’’ . As expected, both the extent and intensity (frequency of perpetration) of deviant behaviour were higher in the group of boys as compared with girls. For instance, as few as 15.3 per cent of the eldest boys (aged 15) stated that they never took another person's property while the percentage of non-stealing girls among the eldest group was over two times higher (38.0 per cent) In this age group 16.3 per cent of boys stole a dozen or more times, while percentage of girls who committed multiple thefts amounted to as few as 1.4 Instead, no greater differences were found between boys and girls who admitted having stolen once. In boys, the most frequent were thefts from allotments and gardens (35.2 per cent), thefts from parents (22.8 per cent) and thefts in self-service shops 18.1 per cent). On the other hand the most seldom were thefts from cellars (5.8 per cent), and thefts of wine in shops (9.7 per cent). Taking another person’s property ranked fourth among the types of deviant acts included IN the study The first position was taken by lies (88.8 per cent of answers in the affirmative). Near1y 90 per cent of boys admitted having chribbed anothe child’s exercise, 25.2 per cent- having destroyed property 2.8 per cent ran away from home, and 2.4 per cent tock drugs. There was an upward tendency with age: elder boys admitted a greater number of deviant acts, and actuallv commited these acts more frequently. The next self-report study was conducted by Ostrowska and Siemaszko in 1979. It included 2,991 pupils of Warsaw secondary schools (1,197 boys and 1,795 girls). Non-random selection was applied. Young persons of the first and last grades were examined by means of anonymous questionnaire. Among other variables, it contained a list of 42 questions about various types of deviant behaviour, acts of infringement of disciplinary regulations, transgressions and offences, from most trivial (like stealing a ride or failing to return change from shopping) to comparatively serious like house-breaking or robbery. All questions had the same set of possible answers: "never," "once of twice," several times," "a dozen or more-times," ,,more frequently." The examined young persons were characterized by rather a high level of deviance. In the group of boys for instance,539 persons (30.9 per cent) admitted having perpetrated a half of the 42 acts included in the questionnaire at least once, 2.8 per cent of them having committed 27 to 31 acts, and 2.3 per cent-32 to 42 acts. Thus together, 6 per cent of the examined boys were highly deviant. Since the study also revealed a close relationship between the number of acts committed and the frequency of their perpetration, the abovementioned 6 per cent of the examined persons (about 300 boys) are "multiple recidivists" in the interpretation used in self-report studies. Considerable differences in the level of deviant behaviour were found in respect of age and sex. For instance, the level of deviance in the group of elder boys was four times higher on average as compared with younger girls. Among the most widespread acts there were free riding (94,6 per cent of girls and 96. 1 per cent of boys), failure to return change from shopping (79.6 and 84.1 per cent respectively), petty frauds in shops (67.6 and 84.0 per cent respectively), and failure to return a found object to its owner (69.9 per cent of girls and 83.8 per cent of boys). Aggressive acts were relatively frequent, particularly among boys. Battery "without an explicit causes” was comitted by 20.2 per cent of boys and 6.5 per cent of girls.11.6 per cent of boys and 2.8 per cent of girls participated in affrays in which dangerous weapons were used. Among thefts, comparatively less serious acts predominated. 16.9 per cent of girls and 31.6 per cent of boys admitted having perpetrated petty thefts. 8.2 per cent of girls and 14.6 per cent of boys stole change from call-boxes. Serious thefts were committed by 1.6 per cent of girls and 4.6 per cent of boys. Ostrowska and Siemaszko repeated their study in 1981 on a random sample of students of secondary schools in five typically agricultural provinces. 2,144 persons (1,702 boys and 420 girls) aged 14-19, students of 29 schools, were examined. They young persons who participated in the study went to :89 classes that were selected at random. The extent and structure of deviant behaviour were examined by means of a questionnaire identical to the one applied in the previous study Also the way in which the study was carried out in the classes was the same. In the group of acts termed insubordination, the most widespread one was smoking at under: 14:78,2 per cent of boys and 44,8 per cent of girls admitted it. Somewhat less than 10per cent of the examined persons admitted having run away from home, 2 per cent of them having run away several times. Over 20 per cent of the respondents admitted having had their identity papers checked by the police (30 per cent of boys) and somewhat less than 7 per cent took drugs. Among various types of dishonest behaviour the most widespread one was free riding- over 80 per cent. Nearly a half of the examined persons admitted having failed to return a borrowed object; 7 per cent of them did it repeatedly Also nearly 50 per cent of the respondents stole money from their parents:15 per cent of them did it several times, and 5.6 per cent-more frequently. In the group of offences, thefts predominated. 24.9 per cent of girls and 32.4 per cent of boys admitted having stolen an object or money to the value of under 100 złotys (the percentage amounting to 38.6 in the group of eldest boys); nearly 20 per cent of them repeatedly stole money from their parents. About 25 per cent of the examined persons committed shop- lifting, the percentage of shop-lifters in the group of eldest boys exceeding 40. The acts of breaking into cellars, recesses, attics etc., were committed by 15 per cent of the respondents 6.1 per cent of girls and 17.2 per cent of boys. The most seldom offences against property were: robbery (2.4 per cent of girls, 10.1 per cent of boys), stealing from call-boxes (6.6 per cent of girls, 7.8 per cent of boys), thefts of money to the amount of 500-1000 złotys (6 .2 per cent of girls, 7.0 per cent of boys), failure to pay the bill in a restaurant (3.3 per cent of girls, 5.6 per cent of boys) and thefts of over 1 000 zlotys (2.8 per cent of girls and 5.6 per cent of boys). Among aggressive behavior, brawls and beatings prevailed (25 per cent of girls and 50 per cent of' boys). In Chapter III the most important methodological problems related to self-report studies are discussed. In self-report studies, both direct (e. g. ,,have you stolen), and indirect and euphemistic questions (e, g. ,,have you ever happened to take and not to give back. ") can be found. The indirect questions undoubtedly less threatening. Yet on the other hand, those asked directly are probably easier to interpret explicitly. There is no proof as to the superiority of any of these ways of asking. However indirect and euphemistic questions prevail in self-report studies. The degree of abstractness of questions varies. The good point of clearcut questions (e.g. ''have you ever taken and failed to give back some article in a supermarket") is that the highly detailed formulation may help the respondent to recall an event which the researcher is interested in. On the other hand, their weak point is that the respondent cannot be relied upon to admit having acted in another, very similar yet not identical way. Unfortunately, the majority of self-report questionnaires contain questions about inseparate classes of phenomena. Hence the danger of one and the same act being counted several times. In self-report studies, the number of questions about deviant behavior is an important problem. One should bean it in mind that the deviant acts taken into account by the researcher are always nothing but a certain sample of the totality of such acts, the parameters of which are usually unknown (e.g. Christie et al.). The greater the number of acts taken into account, the more standard the "sample of acts" seems to be with respect to the "totality of acts." There are great differences as regards the number of acts included: from several (e.g. Hirschi, Dentler and Monroe) up to several dozen (e.g. Gibson). Today time limits are usually introducted as regards the period between the act and the moment of examination one year as a rule), though Short and Nye introducted no limits as regards the period during which the respondents committed the admitted acts. Shorter periods can also be found. (e.g. Simone et al, - 2 months, Lipton and Smith - 18 months). The limits are among the most important problems in self-report studies, since it is on them that the estimation depends on the level of deviance of the entire examined group, as well as the precise estimation of the separate respondents levels of deviance. The views on the optimum time limits are not uniform. Different sets of possible answers to the questions about deviant behaviour can be found: from most precise (e.g. "once," "twice," etc.) to most general and ambigous (e.g. "seldom," ,,frequently"). A strictly enumerative set of answers may be methodologically correct only in the case of a short period (one year or less). In the remaining cases, this set may be misleading as one hardly expects the examined persons to remember past events with such accuracy. The questions about deviant behaviour may constitute a separate block (nay a separate questionnaire), or they may be put among other questions. There are no studies showing the good and weak points of each of these two solutions. It seems more proper however, to "mask" the aim of the study by interlarding the questions about deviant behaviour with those neutral or concerning "acts of kindness." When the level or "depth" of the examined person's deviant involvement is defined, an important problem emerges: acts with different "charges of deviance are taken into account here. Therefore, one can either try and attach different weights to them, or treat all of them as equally serious. Christie et al. ranked acts according to the judges opinion. Morash weighted them with the use of Selling and Wolfgang's scale of seriousness of offences. In Hindelang's study, the weight of acts was defined by specialists by means of a fivepoint scale. Hepburn weighted deviant acts basing on appraisals done by the examined persons themselves. However in the vast majority of self-report studies, no weigh ting procedure is applled. As shown by Farrington, weighting procedures fail to contribute substantially to the increase in accuracy of measurement. An anonymous questionnaire, though most frequentlv applied, is not the only method of gathering information about unrecorded deviant behaviour. E, g. Gold (and other researchers who applied Gold’s scale) employed a questionnaire interview In Belson's study a card sorting procedure was applied. This method of gathering information is particularly popular in England (see also Gibson, Farrington, West, Morash, Shapland). Hirschi examined his respondents with a signed questionnaire. Should the differences in veracity of answeers of a signed and anonymous questionnaire prove to be inessential (and there is much to be said for it, e.g. Krohn, Waldo and Chiracos), it would be advisable to use the signed version (because of the possibility of comparing the separate sociometric choices or comparing the findings with external sources of information). The main objection raised to self-report studies concerns the doubtful veracity of the data gathered this way (Dentler, Liska). A relatively small number of studies concerned the reliability of self-report studies, e.g. the stability of findings in time. This is the most difficult problem in the case of a strictly anonymous questionnaire as the separate respondents cannot be retest. Only global distributions are compared then (e.g the scores of respondents in a given class) Siemaszko finds no valid differences between the distributions answers about deviant acts between a test and a retest which took place there months later. Dentler and Monroe found that 92 per cent of answers to a test and a retest two weeks 1ater were consistent, yet the respondents could still have remembered their previous answers in this case. Belson conducted a retest after a shorter period still: one week. The percentage of consistent answers amounted to 88. Also Farrington’s study revealed rarther a high degree of consistency in spite of the two year's interval. The percentage of mistakes in the test or retest was 3.2 The tendency to inconsistent answers was less explicit if the general scores of the examined persons on the deviance scales were analyzed and not the proportion of their affirmative and negative answers to the separate questions (11.5 per cent of the, examined persons found themselves in another quartile than Before). The results obtained by Shapland were parallel. The results seem to point to a high stability of self-report questionnaires in time. Hardt and Peterson-Hardt distinguish the following methods of defining the validity of self-report questionnaires: comparing with external sources of information, comparing with a known group, lie scales, and defining face validity. The most frequent method of defining the validity of questionnaires used in examination of unrecorded deviant behaviour is the comparison of the respondents' answers with other reliable sources of information. Erickson and Empey found that none of their respondents concealed their contact with the police or an offence with which they were charged. According to Gold, the probability of contacts with the police diminishes monotonically together with decrease of frequency of offences admitted during the examination. Gibson, Morrison and West found a high consistency between offences revealed by means of the self-report method and the contents of the police files. Hindelang found a distinct positive interdependence between high scores in the deviance scale and having a record in the police files. Farrington, as well as Farrington and West, examined the so-called predictive validity of self-report questionnaires. It appeared that those of the examined persons who score highest in deviance scales at the moment. A, have records in the police files much more frequently at the moment B. Gould compared the scores in the Short,/Nye scale with those in the recorded crime scale, finding a high, positive and valid interdependence. Results of self-report tests were also compared with other sources of information (teachers, colleagues, social workers, etc.). As shown by Jessor, Graves, Hanson and Jessor, results of the self-report tests tally with appraisals of the degree of deviant involvement made by teachers and colleagues of the examined persons. Also Gould compared the respondents' statements with appraisals of their behaviour made by their colleagues and teachers. The interdependence proved to be as expected. Hardt and Peterson-Hardt compared statements in which the examined persons admitted having robbed parkometers with the official data concerning the extent of these thefts. The respondents appeared to have answered truthfully. In many studies scores of school children and of institutionalized youth were compared. As demonstrated already by Short and Nye, although the inmates of reformatories scored somewhat higher than students of normal schools, nevertheless the profiles of distributions and their structure were analogous. Voss found the correlates of deviance in groups of school children and institutionalized youth to be parallel. This finding was confirmed in many other studies. The only exception here is the parents socio-economic status. Uniformity of views could not have been reached as yet as to whether the positive interdependence between the socio-economic status and deviant behaviour found in the majority of self-report studies is artificial or real (see i.a. Tribble, Axenroth, Hindelang Hirschi and Waise). Much can be said about the validity of a self-report questionnaire only on the grounds of the distributions of answers to the separate questions, Siemaszko found the percentage of affirmative answers to decrease monotonically with the increase of seriousness of the act and its scarcity in the general population. In the same study the percentage of affirmative answers to the question about being checked by the police was found to be higher than that concerning detention: also the level of deviance of elder as compared with younger and boys as compared with girls proved higher, These results agree with theoretical expectations, Hardt and Peterson-Hardt found the percentage of affirmative answers to the questions about acts commited during the last year to be generally lower than it is the case with questions that concerned also acts commited longer before. Not all of self-report questionnaires contain lie scales. Moreover, the researchers are not in agreeement as to the usefulness of such scales this type of studies (i.a. Farrington, Smart, Hardt, Peterson- Hardt). I seems that lie scales should be employed Questions should however be avoided which might be correlated with deviant behaviour, as in such case there is the danger of the lie scale becoming the reverse of that of deviance. The popularity of self-report studies was determined by the effectiveness of this method (relatively low cost 1ittle time consuming, promptitude and the possibility of examining large samples) Today, self-report studies have become popular in spite of the fact that many important methodological problems have not been solved yet.
Źródło:: Archiwum Kryminologii; 1988, XV; 33-93
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Wychodzenie z wiktymizacji osób pokrzywdzonych handlem ludźmi. Analiza przypadków cudzoziemskich ofiar zidentyfikowanych w Polsce
Recovering from the victimization of people affected by human trafficking. Cases analysis of foreign victims identified in Poland
Autorzy:: Wanicka, Olga
Powiązania:: https://bibliotekanauki.pl/articles/1375418.pdf
Data publikacji:: 2021-02-02
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: La Strada Foundation against trafficking in persons and slavery
foreigners
media
law enforcement
trauma
handel ludźmi
Fundacja przeciwko Handlowi Ludźmi i Niewolnictwu La Strada
cudzoziemcy
organy ścigania
wictimization
trafficking in human beings
Opis:: Artykuł ukazuje wysiłki cudzoziemskich ofiar handlu ludźmi, które w Polsce próbują przezwyciężyć skutki własnej wiktymizacji. Celem tekstu jest próba przybliżenia odbiorcy wszystkich aspektów związanych z wiktymizacją w wyniku handlu ludźmi oraz zwrócenie uwagi na bariery w skutecznej integracji, jakie napotykają pokrzywdzeni. Artykuł stanowi prezentację wyników badań własnych prowadzonych na podstawie wywiadów z cudzoziemskimi pokrzywdzonymi – beneficjentami Fundacji La Strada w 2019 roku. Bariery w skutecznej integracji zostaną ukazane z dwóch perspektyw. Po pierwsze w tekście zaprezentowane zostaną osobiste trudności leżące po stronie pokrzywdzonych handlem ludźmi, wynikające z ich osobistych doświadczeń takich jak: trauma, poczucie samotności i wyobcowania, obawy o bycie dyskryminowanym, konieczność utrzymania rodziny w kraju pochodzenia czy nieznajomość języka. Artykuł charakteryzuje również bariery instytucjonalne, niezależne od usposobienia pokrzywdzonych, które wpływają na ich wtórną wiktymizację takie jak: stosunek organów ścigania, skomplikowana procedura legalizacyjna czy krzywdząca forma przekazu medialnego.
The article presents efforts of foreign victims of trafficking in human beings who are trying to overcome the effects of their victimisation in Poland. The text aims to familiarise the audience with all aspects related to victimisation as a result of trafficking in human beings and to draw attention to the barriers to effective integration that victims face. The article presents research conducted on the basis of interviews with foreign victims – beneficiaries of the La Strada Foundation against Trafficking in Persons and Slavery in 2019. The barriers to effective integration are shown from two perspectives. Firstly, the text presents the personal difficulties of victims of trafficking in human beings, resulting from their personal experiences, such as trauma, a sense of loneliness and alienation, a fear of being discriminated against, the need to keep a family in the country of origin, or unfamiliarity with the language. The article also explores institutional barriers, independent of the disposition of the victims, which can lead to their secondary victimisation, such as the attitude of law enforcement agencies, a complicated legalisation procedure, or a harmful form of media coverage.
Źródło:: Archiwum Kryminologii; 2020, XLII/2; 175-206
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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