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Tytuł:
Prognoza recydywy u nieletnich przestępców oraz wyniki badań prognostycznych 180 recydywistów w wieku 15-16 lat
Prediction studies on juvenile recidivists
Autorzy:
Ostrihanska, Zofia
Powiązania:
https://bibliotekanauki.pl/articles/699316.pdf
Data publikacji:
1965
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
nieletni
przestępca
recydywista
criminology
recidivist
juvenile
delinquent
Opis:
Predictions of recidivism may be formulated solely in categories of probability. In predicting human behaviour it is impossible to take account and to control all factors that influence it. Causal relationships and the general laws that explain it are still largely unknown and generally the data available on the subject are incomplete. It is therefore necessary to expect that there may be disagreement between predicted and actual behaviour. Predictions of recidivism may be formulated solely in categories of probability. In predicting human behaviour it is impossible to take account and to control all factors that influence it. Causal relationships and the general laws that explain it are still largely unknown and generally the data available on the subject are incomplete. It is therefore necessary to expect that there may be disagreement between predicted and actual behaviour. Nonetheless, despite these reservations, individual predictions of recidivism of juvenile delinquents are to all practical purposes a constant factor in the decisions of the law courts. The essential problem therefore is not whether it is possible to make individual predictions, where there is always a chance of error, but how to arrive at predictions a large proportion of which will be correct. Literature in the field of criminology devoted to this subject distinguishes the statistical and clinical methodes of prediction. These two methods were studied by the Department of Criminology of the Polish Academy of Sciences. The object of the study was to investigate a number of questions that were raised by research conducted in other countries on the Department's own empirical material.Below are given the problems related to the subject of clinical predictions: 1. Since clinical predictions play an important role in present practice it was advisable to learn to what extent the predictions made in our study were correct as regards juvenile recidivism. 2. It was equally important to discover how a given prediction was justified, what factors are considered significant in predictions made in individual cases. 3. It was resolved to make a study of the subjective aspects of clinical predictions: whether persons who received the same education and professional training tend to make the same predictions regarding the same juveniles? Whether predictions made by different persons for two groups of juveniles will prove to be accurate in the same extent? Problems of statistical predictions were related to the following questions: 1. Whether the predictive factors established in the projects carried out in other countries have any bearing in the predictions relating to juvenile delinquents in Poland? 2. It was resolved that predictive factors found in one group would be incorporated into the experimental prediction table and used in making predictions for another group. It was further resolved to check-up on the correctness of the predictions. In constructing the experimental prediction table the goal was not to construct a table designed for practical use but on the basis of our own experiments to identify the problems that arise when using a prediction table. 3. Special importance was attached to a careful analysis of cases where the predictions made with the aid of the table were incorrect. The research planned according to these guidelines was conducted in two stages. In the first stage clinical predictions were made and experimental prediction table was constructed for a representative sample of 15 and 16 year old recidivists of Warsaw. In the second stage data was tested on a new sample of 15 and 16 year old recidivists and instances were analyzed where the statistical predictions proved incorrect. The initial research embraced 100 recidivists of 15 and 16 years of age out of 202 recidivists, of the entife population of juvenile recidivists who in 1954 came before the juvenile court of Warsaw on charges of larceny and who were embraced by earlier research on juvenile recidivism conducted by the Department of Criminology. The earlier research yielded data on the after-conduct of the recidivists studied that covered a span of three years. It was established that 51 per cent of them commited offences in the follow-up period. First of all the clinical predictions on the 100 recidivists were based on the findings of environmental as well as psychological and medical examinations and without knowledge of the findings of the follow-up studies. Two psychologists who had experience in criminological studies made predictions for each of the 100 recidivists. The psychologists were not in touch with each other and did not estabiish joint criteria beforehand. Good behaviour was predicted if it was assumed that the recidivist would not commit any offences in the future, bad predictions were made if the feeling was that he could commit offences and uncertain if no definite decision was reached. If the two psychologists differed in their predictions they would discuss the subject and try to arrive at a consensus. The predictions made in this manner shaped up as follows: 18 per cent were good, 57 per cent bad and 25 per cent uncertain. There was a significant statistical relationship between the predictions and the commission or non-commission of offences in the course of the next three years by the 100 recidivists studied that may be expressed by a level of significance of p < 0.001. The bad predictions were correct in 70 per cent of the cases, the good in 83 per cent. Thus an overwhelming proportion of the predictions was correct and the proportiorr of uncertain predictions (25 per cent) inconsiderable. The problem arises what part do subjective factors play in the clinical predictions made by two different persons? Two separate predictions regarding the same juvenile agreed in 70 per cent of the cases. Greater agreement was found in the bad predictions (77 per cent) than in the uncertain (60 per cent) and the good (61 per cent) predictions. Moreover, there were large differences in the reasons given for the predictions issued to the same individual. The two psychologists frequently listed different factors in arriving at the same decisions. A great many factors were listed as reasons for the predictions which, based on an analysis of data relating to the individual cases, seemed to bear significantly upon the predictions regarding the juveniles studied. Among those mentioned were envinonmental factors, personality traits, demonstration of antisocial behaviour and information about the offences committed. The next step in the first stage of the project focused on statistical predictions. A study was made of the relationship between 23 factors and the behaviour of the 100 recidivists of 15 and 16 years of age under study over a span of three years. Account was taken of factors which were found significant in the prediction of juvenile recidivism by the research conducted in other countries and of factors which were seemed significant to the problem in the study of juvenile recidivism in Poland. It was established that a significant statistical relationship existed between the following factors and the continued antisocial behaviour of the subjects under study: 1) early age (below 11) of the onset of symptoms of demoralization, 2) early age of onset of antisocial behaviour (below 13), 3) persistent stealing, 4) membership in a group of delinquents or keeping bad company, 5) personality disorders, 6) drinking, 7) running away from home, B) Iack of schooling or work. The findings indicate that the early age of the onset of antisocial behaviour and the far-gone demoralization of the juvenile are important factors in predicting recidivism. However, no relationship was found, and this seemed strange and called for explanation, between recidivism and any of the factors that characterized the family environment. This contrasted with the findings of the previous study that embraced all the juvenile recidivists between the ages of 8 and. 16. The oldest of these were included in the present study. In order to find an explanation for the disparity an additional study, one that was not initially planned, was made of the 28 factors and their relationship to recidivism that continued over a period of three years among the youngest of the recidivists studied at an earlier time in the Department of Criminology. Toward this end 68 of the youngest subjects between the ages of 8 and 13 were isolated from the whole population of recidivists ranging from 8 to 16 years of age. It was found that the following factors had a statistically significant relationship with continued recidivism in the younger age group: 1) alcoholism in the family, 2) the home atmosphere, 3) lack of supervision by parents, 4) systematic truancy, b) early age of first symptoms of demoralization, 6) early age of first offences, 7) membership in a delinquent group, B) personaiitv disorders. Consequently, a slighty different set of factors ought to be taken into account when making predictions for younger recidivists. Environmental factors of the home are far more significant in predictions for younger delinquents. In older delinquents it was totally immaterial whether they came from a good or a bad home environment as far as predictions were concerned. A good home which had failed to guard a child of up to 15 and 16 years of age from becoming a delinquent couId handły guard the child against recidivism. In younger delinquents a good lamily atmosphere, excellent supervision, absence of alcoholism all are positive predictive factors. Younger juveniles are still highly responsive to the influence of the home and careful supervision may guard them against further demoralization. Our research substantiated the thesis that research on the prediction of juvenile recidivism ought to be conducted separately for narrow and strictly defined age levels. The age of the subject at the time the prediction is made is an important factor that must be kept in view.
Źródło:
Archiwum Kryminologii; 1965, III; 121-281
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Sytuacyjne zapobieganie przestępczości
Situational Crime Prevention
Autorzy:
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699050.pdf
Data publikacji:
1994
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
zapobieganie przestępczości
przestępczość
kryminologia
przestępca
crime prevention
delinquency
criminology
offender
Opis:
Disappointment in crime prevention based on the etiological approach led to a closer analysis of the circumstances of the offence, its physical conditions, and the resulting motivations of the offender. Whatever his inborn or socially acquired criminal predispositions, object and opportunity are necessary for an offence to take place. Advocates of the situational approach in criminology argue that a potential offender generally does not act on an impulse: instead, he more or less consciously analyses the situation and decides to commit the offence at a given time and place and against a given target. This is the basic assumption of situational crime prevention.             Situational crime prevention resolves itself into reduction or liquidation of the physical opportunity to commit an offence, and extension of the probability of apprehension of the offender. This can be done in three different ways.             First, the guard over the target can be extended or intensified, or the potential offender can be made to believe that, while dwelling in a given place, he is under incessant surveillance by the police or other competent persons, or by the inhabitants or users of a given object or area.             Second, the target can be made less open to crime: special circumstances make it less easily accessible (or completely inaccessible), and theft can no longer yield the expected profit to the offender. This procedure is called target hardening.             Third, various organizational steps can be taken that change the environment of crime: new ciercumstances arise and situation in which an offence might take place is changed.             The above three methods of situational crime prevention have different efficiency. Their actual efficiency depends on a variety of factors related to the methodology of the crime prevention program and to cultural conditions. As regards programs basied on increased surveillance, the most efficient are those which involve the local population who are allowed both passively to watch over their area of residence, and actively to participate in its protection.             What is considered a particulary effective method of situational crime prevention is target hardening where access to the target is made difficult through a variety of physical obstacles. Not as obvious is the efficiency of another target hardening measure where valuable objects are marked so as to make it difficult for the offender to gain by his theft and to increase the probability of his apprehension. Such measures, called operation identification, prove highly efficient in some countries but are next to ineffective in others. Thee ffects here depend largely on the efficiency of the police. Whith a low detection rate of thefts, the marking of objects cannot possibly yield the expected results.             It has been  found in studies of offenders’ processes of deciding that their decision to commit an offencis based on the factors that condition, first, the physical opportunity (access to the object) nad second, the offender’s safety. The idea of situational crime prevention has many followers who stress the relative easiness of the application of the suggested methods and their efficiency. The opponents argue that,while it many perhaps contribute to preventing definite offences at a definite time and place, situational crime prevention does not actually prevent crime. What it leads to is displacement of crime. The offence is committed anyway but perhaps in another time or place, by other means, or against another target. Despite all the reservations concerning displacement of crime, it msot be stated that situational crime prevention often proves effective; what is more, it requires neither prolonged programs nor entangled methods of manipulating society. Admittedly the offender is not reformed; yet a definite offence is not committed in a definite place, and the target remains safe. This makes situational prevention as important an element of crime prevention programs as the generally recognized social methods.
Źródło:
Archiwum Kryminologii; 1994, XX; 7-20
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Obraz przestępcy w prozie Sergiusza Piaseckiego
The Image of the Criminal in the Prose of Sergiusz Piasecki
Autorzy:
Szuba-Boroń, Anna
Powiązania:
https://bibliotekanauki.pl/articles/698756.pdf
Data publikacji:
2018
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
Sergiusz Piasecki
przestępca w literaturze
przestępstwo w literaturze
wartość poznawcza prozy autobiograficznej
criminology
offender in literature
crime in literature
cognitive values of autobiographical prose
Opis:
Twenty years of personal experience in crime-related field that furthermore inspiredreflection on the reasons of crime made a Polish writer, Sergiusz Piasecki, interestingfor forensic sciences. His life started with a turbulent and difficult childhood, hematured among the turmoil of the Soviet Revolution and joined the guerrillas fightingBolsheviks, finally to graduate from the School of Infantry Cadets in Warsaw and beassigned to the Lithuanian-Belarusian Division in Vilnius. After the Bolshevik War,being a decommissioned soldier, Piasecki painfully experienced life in poverty. Thiswas when he began to earn his sustenance by smuggling. He later entered a few-yearlongcooperation with the 2nd Division of the High Command of the Polish Army andbecame an intelligence agent. In 1926, being unemployed again, he robbed a suburbantrain. In accordance with the law in force, the summary court sentenced him to death.However, the President of the Republic Ignacy Mościcki pardoned Pia secki, exchangingthe penalty to 15 years in prison. Piasecki served 11 years of his sentence in the prisonsof Lida, Nowogódek, Rawicz, Mokotów, Koronowo, and finally in the toughest prisonof the Second Republic – at Święty Krzyż (the Holy Cross) near Kielce. The 20 yearsfrom 1917 to 1937 were the period decisive for the writing realism and thoroughnessof descriptions of the criminal world and presented protagonists, as well as analysesof psychological and social circumstances that lead individuals to the path of crime.Beginning with Piasecki’s first published book Kochanek Wielkiej Niedźwiedzicy (Lover of the Greater Bear, aka Lover of the Ursa Major) whose author enjoyed a quite uniquestatus of criminal prisoner, and which presented the facts of life of smugglers onthe Polish-Soviet fringe in 1922–1924, the precious study of the criminal world wascontinued in the trilogy Jabłuszko, Spojrzę ja w okno, and Nikt nie da nam zbawienia(Apple, Shall I Look into the Window, and No One is to Redeem us). In Żywot człowiekarozbrojonego (Life of the Human Disarmed), the protagonist moves through all the levelsof conflict with the law, and the reader follows the process of his reflections to becomefamiliar with the impact of the external world on the dramatic choices made.The work of Piasecki follows the current of prose keen on social environmentof the 1930s, based on authenticity and autobiographic experience, and whose cog -nitive values result among others from the personal involvement of the author, whocorroborates knowledge based on experience and direct contact. It is a specific typeof participatory observation: a method of researching criminal phenomena wherethe observer is part of the criminal world.The goal of the writer, which he actually frequently emphasised, was the eagernessto share the knowledge on criminals with the society, with the provision thatthe criminal world he portrayed was multidimensional rather than just a separate,specific social group, standing out from among the “normal” people. He also paidspecial attention to the life’s circumstances that can “make” anyone a criminal. It is alsocharacteristic of Piasecki to juxtapose criminals against people who are “mechanically”honest. In examining the writer’s views on crime, such a ploy demolishes the positivistdivision of the society into criminals and decent people. Honest by default, manya decent citizen proves to be a bad man. On the other hand, many derailed outcastsfrom the society are in fact good and truly honest. Some stories presented by Piaseckiare quite precise illustrations of theories in the crime sciences. In his descriptionsof the demimonde of the Minsk thieves, Piasecki described them in terms very closeto those presented by Edward Sutherland in The Professional Thief, a book writtenby a professional thief with Sutherland’s sociological commentary.The history of literature knows many writers whose works were based on the introspectionof their respective authors, and whose content allows delving into the socialreality of a given time and an insightful analysis of criminal personalities, as well as anattempt at defining the factors that influence criminal behaviours. Such a knowledgeof the human/the criminal is especially well articulated in realistic prose (Balzac,Zola, Faulkner, Steinbeck, Marquez, Remarque, Piasecki, Nachalnik, Wiskowski, Mironowicz).Certainly, the belles-lettres play a special role in this context, providinga source of knowledge, especially if by the virtue of the vicissitudes of his or her life andthoughts the author can convey information helpful in explaining and understanding the assessment of the phenomena investigated by criminal sciences.
Źródło:
Archiwum Kryminologii; 2018, XL; 535-560
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Polska myśl kryminologiczna od schyłku XIX w. do 1939 r.
The Polish Criminological Thought from the Close of the 19th Century till 1939
Autorzy:
Nelken, Jan
Powiązania:
https://bibliotekanauki.pl/articles/699220.pdf
Data publikacji:
1986
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
prawo karne
historia
filozofia
szkoła antropologiczna
psychopatia
socjologia
osobowość
przestępca
polityka kryminalna
criminology
criminal law
history
philosophy
anthropological school
psychopaty
sociology
personality
criminal
criminal policy
polish criminological thought
Opis:
Both the anthropological school of Lombroso, established in the late half of the 19th century, and the sociological school established by Ferri and other criminologists ( Liszt, Prins, van Hammel, Tarde) met with a keen interest in Poland. However, the anthropological school was criticized, as it was the case in other countries too, both by the classical school of penal law, and from the sociological point of view. A critical analysis of the views of Lombroso and his successors was made by the leading representative of the classical school of penal law in Poland in those days Krzymuski who  postulated that recognition of the individual’s free will to be condition of his penal liability, Krzymuski opposed free will to be conception of a born criminal propagated by Lombroso. Lombroso’s theory was also criticized by  Krzywicki, a sociologist and anthropologist who considered the former’s  approach towards the conditions of crime to be too narrow, leaving out of account those resulting from the social and economic conditions. On the other  hand, Polish criminologists considered it to be Lombroso’s unquestionable merit that he had called attention to the necessity of studying the offender's personality, and in this way initiated the modern criminology. Opinions of various sociological schools were discussed in the Polish literature and accepted by the majority of authors starting from the close of the 19th century. In particular, the most accepted one was the opinion that offence is a result of both individual and social factors, and the aim of punishment meted out by the court should be not only to deter. the perpetrator from committing offences, but also to reeducate him. Due to the fact that in the 19th-centuiy judicial practice the sentence depended on the extent of damage caused by the offender, it was emphasized in the Polish literature that punishment should take into consideration also the offender's individual features, as it is only then that it can fulfil its tasks (Stebelski). With the accepted division of offenders into professional and causal, the fact was stressed that - if the offender reveals a tendency to relapse into crime- the measures the society applies towards him should be more drastic since the society has to defend itself against incorrigible criminals in an effective way. Instead, more lenient measures should be applied towards causal offenders, such measures  being sufficient for their reeducation. In the period between the two world wars, criminology in Poland became a separate branch and extended its range; the establishment of the Polish Criminological Society in 1921 and of the Department of Criminology at the Free Polish University in 1922, later (I932) transformed into the Criminological Institute, contributed to this situation. The Polish criminology of that period faced the task of studying and defining in detail the basic factors of crime: individual (endogenous) and social (exogenous). This was related to the necessity to learn about the sources of crime with the aim of its effective control by means of preparing a Penal Code and properly shaping the criminal policy (Wróblewski). When studying the individual factors of crime, particular attention was paid to the psychopathic personality. Criminal psychopaths were believed to suffer from a pathological moral defect resulting from their underdevelopment in the sphere of emotions. It was stated that psychopaths who committed an offence should not be recognized as mentally irresponsible (Nelken). Psychopathy cannot be treated psychiatrically; on the other hand, intensified resocialization of the offender is necessary here, conditions for this treatment created during his prison term. At the same time, an adequate segregation of prisoners should be applied based on the psychopathological criterion (Łuniewski). The science of the offender's personality was called criminal biology; it dealt with the physical and mental structure of the offender. Criminal biology was to make use of the general anthropological, psychological and psychiatric data as well as those gathered by means of other clinical methods. Aimed at  gathering comprehensive data concerning the whole of the offender’s mental and physical properties, criminal biology should not confine itself to a mere specification of his various traits: it should also study their origin, methodically examining the development of these properties in the milieu in which the offender’s personality was formed. Thus the criminal-biological research must be made from the psychological and medical as well as sociological points of view. Particular importance was attached to detailed environmental research in the study of juvenile delinquents (Batawia). In the early Thirties, the Ministry of Justice initiated criminological- biological research in prisons. The research was carried out by special commissions with the use of a specially prepared comprehensive questionnaire . The greatest part was played by psychiatric and psychological examination. The  criminal-biological research in prisons was interrupted by the outbreak of the war. In connection with the criminogenic role of alcoholism, criminologists spoke for a considerable reduction of production and sale of spirits. Moreover, an opinion was expressed that a commission of an offence in the state of a normal (the so-called physiological) intoxication should not result in the recognition of the offender as mentally irresponsible. Only pathological intoxication may be considered from the point of view of irrespossibility. The offender should not avail himself of his intoxication as a mitigating circumstance (Nelken). The scientists opposed the introduction of compulsory sterilization which was to be applied toward persons whose children could inherit serious  pathological traits from them. The opposition had both scientific and humanistic grounds (Łuniewski, Nelken). Compulsory sterilization was not introduced. The main trend of the Polish criminology in the period between the wars corresponded with the sociological school which took into account the relationship between the endogenous (biological) and the exogenous (social) factors in the origins of crime. A vast majority of Polish criminologists opposed the conception of a “born criminal” put forward by Lombroso. Some of the Polish scholars of the period between the wars who used the term “criminal anthropology” (e.g. Rabinowicz), emphasized the evolution of this science which differed from the Lombroso’s doctrine, and postulated the social milieu as a factor be largely taken into consideration in the studies on the causes of crime. In the Polish criminology of those days, the stress was laid principally on criminal biology due to the fact that the internal factor is usually less  conspicuous and more difficult to prove than the external one in the etiology of crime. It was emphasized that not all of persons who  found themselves in unfavourable social conditions turned offenders (Neymark, Lemkin); therefore, the biological (somato psychological) factor determines the individual’s moral resistance to the unfavourable external conditions. On the other hand, also the social factor, in addition to the biological one, was included in the causes of crime, due to the considerable impact of living conditions on the human mind. The opinion was that - though the etiology of an offence is usually determined by a combination of the external and internal factors - in each case one should attempt to find out which of these factors prevailed in the origin of a given act; this should also be taken into account in the criminological prognosis. In general, the chance for correction is smaller in the case of an offender of the endogenous type who requires a more thorough and longer resocialization as compared with one of the exogenous type; this should be taken into account by the court when meting out punishment (Rabinowicz, Lemkin). The Polish  Penal Code of 1932 (in force till 1969) was an expression of the compromise between the classical school of penal law and the sociological school. In the code, many legal structures included in the General Part were formulated in accordance with the achievements of the science of penal law in its classical form; this concerns particularly the definition or the essence of crime and the principles of liability including that of subjectivism as responsibility for a culpable act. A compromising character was given in the code to meting out punishment which was conditioned not only  by the weight of the offence according to the classical principle of retribution and deterrence, but also by the offender's personality and the life he had led hitherto according to the instructions of the sociological school (Art. 54). The discussed code did not adopt from the Italian positivism the so-called ante-criminal prevention, i.e.. the application of sanctions towards an individual who has not committed any prohibited act yet. Also indeterminate sentences were not adopted in the Code in relation to penalties and not protective measures, as this would be contradictory to the principle of individualization of punishment. Under the influence of the sociological school the Code contained of a possibility of suspension of ęxceution of the penalty, and of its extraordinary rnitigation, as well as the release from prison before the expiration of term (separately regulated by the law of 1927-) and a possibility to mete out a more severe penalty in the case of recidivists. In addition to the medical security measures, which consisted in the commitment of the offender to a mental hospital and which the court could apply towards the persons guilty of acts committed in the state of mental irresponsibility or decreased responsibility, the code introduced - basing on the postulates of the sociological school-isolating security measures applied towards the offenders whose acts were connected with reluctance to work, and towards recidivists and professional as well as habitual criminals if their staying at liberty endangered the legal order. The isolating security measures were applied together with the penalty (not instead of it), the necessity of their application connected with the ‘’ state of danger", i.e. the perpetrator's probability of commission of further offences; in the criminological literature, subjective and state of objective criteria of the danger were distinguished (Strasman). According to Art. 84 of the  Penal Code, offenders of this type were  committed to a special institution  for at least 5 years, and the court decided after the termination of each such period whether it was necessary to prolong the commitment for the next five years. In the Penal Code of 1932, also the measures applied towards juvenile delinquents were divided into educational measures on the one hand, and commitment to a corrective institution on the other hand, depending  on the juvenile's age and of his possible discernment or lack there of when committing the forbiden act.
Źródło:
Archiwum Kryminologii; 1986, XIII; 223-260
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
    Wyświetlanie 1-4 z 4

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