Temat: jurisprudence - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Interpretations of Quine’s “Naturalized Epistemology” and the Character of “Naturalization of Law”
Autorzy:: Jakubiec, Marek
Powiązania:: https://bibliotekanauki.pl/articles/429252.pdf
Data publikacji:: 2015
Wydawca:: Uniwersytet Papieski Jana Pawła II w Krakowie
Tematy:: Quine
naturalization
epistemology
law
jurisprudence
naturalization of law
Opis:: Quine’s project of “naturalized epistemology” is usually interpreted as a rejection of classical epistemology, which becomes merely a “chapter of psychology”. It does not imply, however, a different understanding of the character of naturalization is inadequate or wrong. Susan Haack’s interpretations are briefly analyzed in the paper. Thereafter, they are harnessed as models of interpretation of the “naturalization of law”. The main aim is to point the radical reading of Quine’s project (the replacement model) is not the only acceptable one. Consequently, there are at least three models of the “naturalization of law” that are analogical to the “naturalization of epistemology”. The author details their character.
Źródło:: Semina Scientiarum; 2015, 14
1644-3365
Pojawia się w:: Semina Scientiarum
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 2.

Tytuł:: Zagrożenie terroryzmem w XXI wieku – analiza wybranych determinantów
Terrorist Threats in the Twenty-first Century: Selected Factors
Autorzy:: Wojciechowski, Sebastian
Powiązania:: https://bibliotekanauki.pl/articles/698656.pdf
Data publikacji:: 2016
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: zagrożenie terroryzmem
terroryzm
kryminologia
law
constitution
jurisprudence
criminal law
Opis:: Terrorism is one of the biggest problems in today’s world and one that, to a greater or lesser extent, continues to evolve. This evolution is true of many aspects, including terrorist tactics and strategy as well as types of terrorist threats. The global and destructive reach of terrorism is clearly reflected in different comparative studies. For example, data gathered by the National Consortium for the Study of Terrorism and Responses to Terrorism (START) indicate that there were over 150,000 terrorist attacks around the world between 1970 and 2015. These attacks were carried out in over 100 countries, most of them, however, in Afghanistan, Iraq Nigeria, Pakistan, and Syria. In recent years, the force driving the escalation of terrorist activity was initially Al- -Qaeda, followed by the Islamic State. ISIS combines features commonly attributed to terrorist organizations, criminal groups, states, terrorist networks, and military formations. Contrary to the common view, the Islamic State is not a state as defined in international law and practice. Although it has territory, a population, and authorities, it does not have the capacity to pursue international relations and does not meet the criterion of external sovereignty. Only a state fulfilling all of these conditions can rightly be called a state. Thus, in the case of ISIS, we can only talk of certain elements of statehood and not of a state proper, as understood in international law and relations. In 2015, the number of terrorist attacks around the globe dropped by 13% (from 13,463 in 2014 to 11,774 in 2015). A particularly sharp drop occurred in Pakistan (45%), Iraq (28%), and Nigeria (11%), whereas other countries witnessed a surge in the number of attacks. This was the case of Turkey (escalation by 353%), Bangladesh (270%), Egypt (69%) and Syria. Syria presents a particularly complex and alarming picture, with the number of terrorist attacks up by 65%, the number of people killed up by 62%, the number of those injured up by 91%, and the number of those kidnapped and held hostage up by 67%. In 2015, the number of people who lost their lives as a result of terrorism dropped by 14% (from 32,727 in 2014 to 28,328 in 2015). There was a rise in the number of people injured (2%) and kidnapped and held hostage by terrorists (29%). The latter phenomenon is particularly alarming since it indicates renewed terrorist interest in this form of activity. The purpose of the article is to answer the following research questions: What is terrorism? How can it be defined? What are its primary causes and features? What characterizes contemporary terrorist threats? What is the scale of global terrorism today? What led to the emergence and subsequent rapid rise of the Islamic State? How can terrorism be prevented and combated effectively? The author uses his own definition of terrorism. He defines terrorism as a variously motivated and implemented form of political and/or social violence (or threatening such violence) breaching the binding legal order, perpetrated by individuals or groups through different means and methods, leading to physical, psychological, or material damage. This form of violence has a direct target or targets (for example individuals representing a given state) or an indirect target through which the perpetrator wants to achieve his final purpose. This definition draws attention to a couple of important and universal features of terrorism. Firstly, it demonstrates the diversity of its causes (motives), spanning a wide range of factors that drive and escalate the phenomenon. Secondly, it highlights the fact that terrorist acts violate the law, resulting in a broad range of consequences. Thirdly, it stresses that terrorism (as people often mistakenly assume) encompasses not just the actions of groups, but also those of individuals. Fourthly, it points to the multiplicity and diversity of means and methods employed by terrorists. Religious, political, or ethnic reasons are not the sole driving forces behind terrorism, which springs from a combination of many different factors, including cultural, historical, psychological and socio-economic determinants – the latter often underestimated or overlooked. There is frequently a direct or indirect link between terrorism and poverty or other serious socio-economic problems observed in a given territory. This is reflected, inter alia, in the data published in the Global Terrorism Index 2015. This report indicates that in recent years, countries that have seen the steepest increase in the number of deaths due to terrorist attacks are largely poor ones, including Iraq, Nigeria, Afghanistan, Syria, and Somalia. Of course this does not mean that poverty or big social inequalities always lead to terrorism. They can, however, stoke up different extremist attitudes, including ones with ties to terrorism. This state of affairs is known as “fueling terror.” The paper highlights selected aspects of contemporary terrorism. Other important issues include the problem of terrorist financing, the consequences of terrorism, identifying real and potential perpetrators, the evolution of terrorist strategy and tactics as employed by “lone wolves,” suicide bombers, and women and children used to carry out attacks, links between migration and terrorism, etc. A comprehensive discussion of these topics requires a separate and much broader study. Such a study should be prepared by an interdisciplinary team of specialists bringing together not just security, but also legal, psychology, sociology or economic experts. Such a team should include both theorists and practitioners with wide-ranging experience in analyzing, eliminating, and forecasting terrorist threats.
Źródło:: Archiwum Kryminologii; 2016, XXXVIII; 29-59
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 3.

Tytuł:: Charakterystyka stanu i zmian rozmieszczenia wybranych przestępstw w Szczecinie z wykorzystaniem geostatystycznej analizy GIS
Analysis of the State and Change in Crime Distribution in Szczecin Using GIS Geostatic Methods
Autorzy:: Sypion-Dutkowska, Natalia
Powiązania:: https://bibliotekanauki.pl/articles/698610.pdf
Data publikacji:: 2015
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawo
konstytucja
praworządność
prawo karne
techniki GIS
law
constitution
jurisprudence
criminal law
GIS Techniques
Opis:: The aim of the article is to analyse the state and change in distribution of three types ofcrime (fights and beatings, domestic crimes, and automobile crime) in Szczecin duringthe years 2006-2010. It posits the following research questions: 1. Which type of crimes displayed a greater susceptibility to a spatial concentration? 2. Are there spaces with a higher intensity (density) of crimes and others free ofcrimes, and where are they? 3. Do spaces with a higher intensity (density) of crimes display spatial stability? The analysis makes use of geo-coded data points for crimes made available by Szczecin City Police Headquarters (crime, street, building number). It made useof geostatic methods with GIS programming, such as: Kernel density estimation;cartogram density maps (determining spaces with low and high crime densities); rangemethods (determining spaces with a lasting presence of the types of crimes found inhigh density spaces); chorochromatic methods (a map presenting only spaces witha persistent presence of the analysed types of crimes). Next, as a measure of the spatial concentration of crime, acknowledging changes in their reach and independent of theirnumber, the analysis found indicators of the concentrations for types of crime, whichenabled the author to provide answers to research questions and formulate conclusions. Maps showing low and high concentrations of fights and beatings revealedsignificant distribution and a certain spatial instability in built-up areas in Szczecin. They occured in the years 2006-2009 in around 20 spaces of varied size: one sprawlingaround the city centre, two or three medium-sized, and dozen or so small points. In theyears 2009-2010, spaces displaying fights and beatings had spread out onto the blockestates lying in the western part of the city, while they had practically vanished from thePrawobrzeże area and the north. In 2010, there were only around 15 spaces displayingthis crime in Szczecin.Maps showing low and high densities of domestic crime display focus and spatialstability in built-up areas in Szczecin. They appear in the years 2006-2009 in onlythree to six (not counting two or three that are completely insignificant) spaces ofvarious size. The largest appears in the city centre as well as neighbouring densely-builtresidential areas. They are all densely-built spaces next to streets from the end of the 19th century, or block estates mainly from the 1970s and 1980s. The second space displayingdomestic crimes encompasses the Majowe and Słoneczne block estates in Prawobrzeże, although its range is gradually decreasing. There is a striking lack of domestic crimesin significant numbers amongst the social problems in the post-industrial Skolwin and Stołczyn settlements. Located just south is Warszewo, where there is a quickly-growingexpansion of new residential developments, and it too is free from domestic crime. Maps showing low and high concentrations of vehicular crime display significantfocus and spatial stability in built-up areas in Szczecin. They appear in 2006 in seven, in 2007-2009 in three, and in 2010 in two (not counting one or two completely insignificant) spaces of various size. The largest, similarly to the case of domesticviolence spots, occur in the city centre and its neighbouring built-up areas. Theyare also all densely-built spaces next to streets from the end of the 19th century, orblock estates mainly from the 1970s and 1980s. The second space showing a lastingpresence of vehicular crime is the location of the Majowe and Słoneczne blocks in Prawobrzeże. Much like in the case of domestic crime, they do not appear amongst thesocial problems counted in the post-industrial estates of Skolwin and Stołczyn. Insteadthey appear slightly south of them in the quickly-growing new residential expansionin Warszewo. In 2006, the most strongly concentrated were fights and beatings, thenslightly less were vehicular crimes, and significantly less was domestic crime. In 2010,the most concentrated were fights and beatings, then domestic crime, and then leastwas vehicular crime. Areas of high density in all the studies of crime are concentrated in Szeczin’s citycentre and neighbouring residential areas and they take up approximately in squarekilometres the respective: one of fights and beatings, through two and a half of domesticcrimes, to around three and half in vehicular crime. The areas all overlap, and oneshared area where all appear spans around one square kilometre. This region also indicates a significant lasting presence. Other types of crime are equally concentrated. The remaining areas of Szczecin are free of a significant intensity of this type of crime. A cause of this state of affairs is most likely the focus and overlapping ofdeterminants of crime, both spatial (communal dwellings, alcohol vendors, commercialbuildings) and social (unemployment, poverty, lifelong helplessness, alcoholism, family dysfunction, lack of social controls, acceptance of criminal behaviour). An additional factor favourable to crime in the centre of every large city is the large flow of peopleand their anonymity. Szczecin’s city centre, however, indicates a significant persistencein the incidence of criminogenic factors. The quarters of Szczecin’s city centre developments located within the “criminalsquare kilometre” between Pope John Paul II Alley, Tkacka Street, Port Gate Square,Kaszubska Street, Mariana Langiewicz Street, Kazimierz Pułaski Street, Bolesław ŚmiałyStreet, July 5th Street, Grey Ranks Square and Wielkopolska Street demand particularoversight by police. Taking the long view, they ought to be revitalised in a mannermore complex than before, resulting in building local community ties, improving thematerial situation of the inhabitants as well as that of the buildings’ technical state,spatial order and visual attractiveness.
Źródło:: Archiwum Kryminologii; 2015, XXXVII; 303-326
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 4.

Tytuł:: Częściowe zawieszenie wykonania kary pozbawienia wolności. Uwagi i propozycje na tle analizy porównawczej stanu przestępczości i obecnej reformy prawa karnego w Polsce i we Francji
Partially Suspended Prison Sentences: Comments and Propositions Against a Background of Comparative Analysis of the State of Crime and the Current Reforms of Criminal Law in Poland and France
Autorzy:: Stępniak, Piotr
Powiązania:: https://bibliotekanauki.pl/articles/698608.pdf
Data publikacji:: 2015
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawo
konstytucja
praworządność
prawo karne
law
constitution
jurisprudence
criminal law
suspended prison sentences
crime
Opis:: This article is devoted to the institution of conditionally suspended sentences, andin particular with a proposal for change in this area. The author formulates thingsdifferently from the changes brought in by the act of 20 February 2015 about adjustingthe law, in the criminal code and other acts. After a discussion of these changes, theauthor presents their own concept for remodelling this institution. This is preceded byconclusions about its current state, structure and the dynamics of crime in Poland andFrance. The author bases their conclusions on an analysis of French solutions in thisregard.According to the author, by comparing the structure and dynamics of recorded crimes and convictions from 2001 to 2010 in France and Poland, they came to theconclusion that the French statistics show a comparatively higher rate of serious crime,particularly ones featuring aggressive or sexual violence. At the same time however,one can observe greater stability in the number of convictions, with economic andfinancial crimes being the only exception. But the larger threat of crime does not influence limitations on the conditions of suspended sentences in a meaningful wayin this country, something that was an important argument during the amendment ofPoland’s penal legislation. It is willingly used by courts, a modern punitive measure, butits construction differs from the Polish solutions in this field significantly. The author discusses this construction in the article. According to French logic, italso provides for the possibility of partially suspended sentences. This is unknown inthe Polish criminal code. It consists of allowing the adjudicating court to decide aboutthe sentence being only partially carried out. It also freely specifies the length of this period, so that it does not exceed the five year limit. This process results in the offenderonly having to undergo part of their prison sentence, while execution of the remainingpart remains conditionally suspended. Comparing this form of suspension, appearing in French legislation next to classicsuspension (i.e. full), with its Polish counterpart now regulated by the newly-editedarticle 69 of the criminal code, the author finds that the French version gives greaterrange and possibility for its use. And this is despite a significantly larger threat ofcrime than in Poland, particularly common crime. Even the process of its applicationis significantly more elastic, since it allows the division of the sentencing process intoa closed part carried out in prison, and an open part carried out in freedom. About whether the suspension should be total or just partial, the French judgedecides according to their own discretion, while the Polish one is tied to a series ofspecific prerequisites, both legal and material. In light of this, it proves Poland putssignificantly greater trust towards the initial legislator.After a theoretical analysis, in a later part of the article the author cites statisticsshowing the practice of partially-suspending sentences in reality. In the years 2005 to2011, a certain growing tendency in use appears in France (of 1.92%). This indicatesa growing significance for this penal measure in the judicature of criminal courts, which implies it works well in practice. In general, the type of suspension most prevalent iswith a given probation period, and therefore the most common of all applicable dutiesand controls (in 2008, there were 26,991 cases, i.e. 82.15% of the general number ofpartial-suspension rulings). Partial suspension in its simplest form is clearly less usedand only makes up 17.85% of the general number of applied partial suspensions (5,844cases in 2008). In contrast, the sum total of both forms of partial suspensions (i.e. thesimplest form and with a probation period) in general rose in use by 14.56% in 2010. Commenting on the above indicators, the author claims the rule of partialsuspension is given with a trial conviction. This results from the necessity ofpreserving a continuity of interactions, including further disciplining of the convictafter completing part of their “factory” punishment depriving them freedom (partieferme) and releasing them into an open environment (partie ouverte). For this purpose,the court lays specified duties upon the convict, and also gives control of them to thepenitentiary service. The educational value of this practice is indisputable. Due to this,it towers over the Polish practice. Partial suspension has become a modern instrumentof criminal policy. In the second part of the article, the author weighs up the possibility of introducingthis type of solution into Polish legislation. A comparison with the French institutionof suspended sentences with the Polish equivalent in the current version of article 69 ofthe criminal code inclines them towards not only the conclusion that it needs revision,but also formulation of ‘de lege ferenda’ postulates as part of this. In the discussion on these, the author indicates arguments for and against partialsuspension of sentences in Polish legislation. According to the author, it is a moremodern solution than the Polish one in its current form. Moreover, the introductionof partial suspension had a positive effect on French criminal policy, making themethods of serving sentences more flexible and dynamic. This is notably its mostimportant advantage over Polish legislation. Another further benefit of utilising partialsuspensions is limiting the placements of convicts placed into penal institutions sincethey are decidedly shorter than the “flow-through” of Polish prisons. Thus the author assesses that they are in favour of this, as well as the Europeanparadigm of penal moderation. Partial suspension of sentences allows an absolutepunishment to be adjusted in the most restrained way, making it humane. It becomespossible to divide it into partly closed (served in a prison) and open (carried out ina free environment). It completely changes not only the character of the punishment,but also its function. It eases problems, the social effects on the convict and their lovedones, yet strengthens the educational effect. This kind of process in administeringpunishment strikes the author as more dynamic than the current one, where servingthe whole of a punishment is a rule of Polish law. The empowerment of the convictedin this process has huge educational value.The author draws attention to the fact that partial suspension is an intermediarymeasure between depriving freedom and those punishments and measures involving liberation. There is a lack of this type of measure mixed into Polish criminal legislation.Their main advantage is that it enriches punitive instruments, allowing flexibilityby increasing the possibility of individualisation in selecting the type and size ofpunishment. Therefore there is a systemic argument for it.Yet another argument for it has a legal-material character. The Polish institutionof suspending sentences is structured too stiffly, which means that the court can onlydecide between suspending the entire sentence and having it served in full. They areextremes, which in modern rational criminal policy ought to be avoided. The nextargument has a criminological character. Neither the Polish nor French literature onthe subject has mentioned research into the effectiveness of imprisonment depending on whether it was carried out in full or in part. Therefore nobody has proven thata punishment served in full is any better. Finally, the existence of partial suspension could rationalise penitentiary policy. This is because it shortens the average period spent serving prison time, making the“flow-through” of convicts in prison more dynamic. This makes it a valuable systeminstrument for opposing their overpopulation. Partial suspension is above all cheaperthan serving a punishment completely in full. The author then discusses several counterarguments about the possibility ofpartially-suspended sentences in Polish legislation. Firstly, we are neither mentally nor doctrinally prepared to abandon the stiff static administration of punishments for a more dynamic process in their application throughthe logical implementation of carrying them out in parts. Another serious barrier is an organisational problem. Introducing partialsuspensions would demand greater dynamism in the work of courts and probation officers, as well as the prison system as a whole. Under Polish conditions, this is notrealistic, since observation of the practice leads to the conclusion that carrying outpunishments in full is easiest, and we prefer that in practice. The convict is placed intoa cell once, without further procedures or changes. Partial suspension would mean theactivities of courts, prison and probation personnel would multiply greatly, and nobodywants this. Consequently, it would increase the resistance of these services, which isa serious barrier to prudent changes.In conclusion, the author invites discussion on the proposed solutions aboutpartially-suspended sentences.
Źródło:: Archiwum Kryminologii; 2015, XXXVII; 327-346
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 5.

Tytuł:: O dopuszczalności prowadzenia czynności operacyjno-rozpoznawczych w jednostkach penitencjarnych
The Acceptability of Conducting Operational-Identification Activities in Penitentiary Units
Autorzy:: Herbowski, Piotr
Powiązania:: https://bibliotekanauki.pl/articles/698606.pdf
Data publikacji:: 2015
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawo
konstytucja
praworządność
prawo karne
law
constitution
jurisprudence
criminal law
penitentiary units
operational-identification activites
Opis:: For many years, a number of concerns in Poland have been raised about thepossibility of conducting operational-identification activities in police custody andpenal institutions by services responsible for public order. Sometimes even alarmingviewpoints have been formulated about the lack of such activities since the end of the1980s. Appearing in connection with this are postulates about renewed adoption ofthese activities in the Polish prison system. However, this testifies above all to a lack offamiliarity with the field of interest in services eligible for operational activities. Thisalso leads to introducing wider scientific analysis which cannot however restrict itselfto only easily accessible aspects of this topic.Besides the supporters of such activities, there are also determined opponents, andtheir counter accusations are very serious. Operational-identification activities carriedout in penitentiary institutions, in their opinion, adversely affect the achievement of thegoals of imprisonment, as well as the course of the criminal process, and even violate therights of the incarcerated. However, the authors of such statements do not support themwith factual arguments. It seems they result to some extent from negative experiencesendured during the communist era. But one cannot compare the circumstancesand conditions under which activities were carried out in penitentiaries before andafter 1989. So there is no question of returning to practices from the communist era.The sources of this attitude should also be sought, amongst others, in the mistakenperception of operational activities carried out by officers of the prison services. It isnot currently possible, as this would result in a lack of confidence of the condemned inpsychologists and educators, and would consequently thwart their rehabilitation efforts. There currently does not exist any legal basis in the executory penal code allowingthe exclusion of imprisoned individuals from the circle of interest of law enforcementagencies which may exhibit an eagerness to use them in the character of sources of personal information. Nor is there a completely voluntary, above all secret, methodof co-operation for those temporarily arrested and imprisoned with national services,that would rely predominantly on conveying information that interests them, thusdiscerning a contradiction in the rules of the performance of a punishment. The reported postulates for introducing limits in the course of completingoperational-identification activities in penitentiary units have a very generalcharacter and indicate only theoretical acquaintance with the issue. It also seemsthey groundlessly assume ill will and non-observance of the rules of law and orderin the activities for their implementation by police and special services. Operationalactivities are sometimes ethically questionable, but also necessary to fight crime effectively, especially the organised variety. Nor can one forget that the activities of lawenforcement agencies seeking to uncover culprits demand making use of others, whoare often less loyal than in the proceedings of criminal methods. Poland’s constitutionallows for the limiting of the use of rights and civic freedoms when it is essential in thedemocratic state for its safety or to maintain public order, be it for the protection of theenvironment, health and public morality, or for the freedom and rights of other people. Operational-identification activities carried out in penitentiary units satisfactorily passso-called tests of legality, appropriateness and necessity as well as fulfilling a statutoryrequirement for a legal basis for authorising interference in the rights and freedoms ofcitizens.It should be explicitly stated that currently there is a lack of any limits linked tothe location of carrying out operational-identification activities. In connection withthis, all authorised services can also carry them out in penitentiary units, both prisonsand detention centres, without the prison services mediating. This mainly results fromduties put into place by legislators for police and special services that protect the formsand methods used in the course of operational-identification activities. Even if thisduty did not exist, operating officers would certainly not be willing to work with prisonservice officers, fearing the unmasking of their undertaken actions. Among the operational methods used by services authorised to carry them out,the greatest collection of knowledge about criminal groups, including their activitiesand plans, can be gained thanks to co-operation with personal sources of information.It is precisely this method that serves in most cases when acquiring information inpenitentiary units. In practice, however, working with informants sitting in detentioncentres and penal institutions has a subsidiary character, since information is onlyacquired when doing it any other way would be very difficult or even impossible. This iscaused above all by essential problems connected to the appropriate selection, drawingup and carrying out of recruitment or the handling of sources. Therefore, operationalwork in penitentiary units does not have the nature of permanent surveillance.The essential benefits associated with obtaining information from incarceratedpeople have also been demonstrated for many years in countries with establisheddemocracies, such as the US and Canada. This is something which has unfortunatelyescaped the attention of Polish critics of such activities.
Źródło:: Archiwum Kryminologii; 2015, XXXVII; 347-368
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 6.

Tytuł:: Indywidualna ocena szczególnych potrzeb ofiary : europejskie standardy a regulacje polskie
An Individual Evaluation of the Specific Needs of Victims: European Standards and Polish Regulations
Autorzy:: Mazowiecka, Lidia
Powiązania:: https://bibliotekanauki.pl/articles/698614.pdf
Data publikacji:: 2015
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prawo konstytucyjne
prawo karne
praworządność
victim of crime
European standards
law
constitution
jurisprudence
criminal law
Opis:: This article is devoted to discussing a new EU law institution which is about theindividual assessment of the specific needs of victims within the framework ofprotection. The issue is important since the institution for individual assessmentshould be implemented in the Polish system of law, but it also happens to invokemany controversies and misunderstandings. Most accurately it became accepted inthe Directive of the European Parliament and Council 2012/29/EU on 25 October2012, establishing minimum standards for the rights, support and protection ofvictims of crimes, thus replacing Council Framework Decision 2001/220/JHA. Therehad previously been talk about it in two other directives, namely Directive of theEuropean Parliament and Council 2011/36/EU from 5 April 2011 which was aboutpreventing human trafficking and combating it as well as protecting victims, whichreplaced Council Framework Decision 2002/629/JHA, and Directive of the EuropeanParliament and Council 2011/93/EU from 13 December 2011 on combating sexualabuse, the sexual exploitation of children and child pornography, which replacedCouncil Framework Decision 2004/68/JHA. An instrument closer to individualevaluation was also introduced by the European Council Convention for preventingand combating violence against women and domestic violence on 11 May 2011. Analysis of the regulations contained in these documents proved that victims ofcrimes have to be subjected to individual assessment every single time, the basis ofwhich are their personal qualities, type and character of the crime, as well as theirlocation. A particular weight is attached to ensuring the protection of the personalqualities of the victim. Individual assessment, on the one hand, should get confirmationif the given victim has specific needs, and if so, what kind of protection in criminalproceedings and support they need. On the other hand, it describes concrete means ofprotection and support as foreseen in the articles of the above-mentioned documents.So it is therefore best to adapt these means to specific needs.The discussed international documents prescribe always recognising a child asa person of specific needs, defining them as any person under 18 years of age. It alsoindicates that a person whose age cannot be confirmed, but for whom there are reasonsto believe they are a child, should be considered a child. For children that are victims ofcrimes, they also anticipate a wider catalogue of measures than for adult victims withspecific needs. An analysis of Polish law regulations has been made against a background ofsolutions accepted in international law acts. The analysis included in its particularscovers issues such as the problem of informing the victim about their entitlement torights, professional preparation of people who have contact with them on a professionalbasis, confirmation of special protection measures for the victims in criminal proceedings, appointment of procedural curators for harmed minors to preventconflicts of their interests with those of people who have parental custody or care overthem. Also referenced were solutions introduced by the act from 28 November 2014 about protection and aid for victims and witnesses, as well as the “Blue Card” procedurecarried out during interventions in situ undertaken in relation to family violence. Also discussed were the questionnaires prepared by the Ministry of Justice tocarry out the evaluations of specific needs of victims – this is part of the scope of thespecialist help they are meant to provide non-governmental organisations supportingvictims as well as within the scope of sharing special means for protection during criminal proceedings. It turned out that a significant majority of Polish legal normsand practices do not conform to international standards in the discussed field. With fullcertainty, institutions of individual assessment have not yet been implemented in Polish legislation, while the achieved undertakings appear insufficient. One can even say thatthey have only been pretending to aim to implement them. A specific objection is thefailure to achieve any activities aimed at ensuring a uniform standard of protectionfor all children. So children are held using current regulations under which the levelof their protection is dependent on their age and the type of criminal victimisationexperienced. Nor was there a separate category of victim with special needs in terms of protection. So special protection methods are still only given to victims of crimesof a sexual nature, as classified in articles 197 to 199 of the Criminal Code. In place ofthis, regulations ought to be introduced enabling specific methods of interrogating allvictims with special protection needs. Nor does it take into account the will of victimsabout the use of certain measures that they agree with subjectively
Źródło:: Archiwum Kryminologii; 2015, XXXVII; 253-278
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 7.

Tytuł:: Доктрина права: некоторые методологические аспекты
The doctrine of law: selected methodological aspects
Doktryna prawa: wybrane aspekty metodologiczne
Autorzy:: Suleimanov, Bigruzi Bukharinovic
Powiązania:: https://bibliotekanauki.pl/articles/565078.pdf
Data publikacji:: 2018-07-01
Wydawca:: Uniwersytet Przyrodniczo-Humanistyczny w Siedlcach
Tematy:: право
источники права
правоведение
юридическая наука
правовая система
законодательство
правовая доктрина
law
sources of law
jurisprudence
legal science
legal system
legislation
legal doctrine
Opis:: Доктрина права является одной из важных и привлекательных проблем юридической науки. В некоторых правовых системах доктрина остается значимым источником права. Это означает, что доктрина права выходит за рамки научной проблемы и имеет и прикладное значение. Однако многие аспекты доктрины права остаются весьма спорными, неоднозначными. К таковым можно отнести, в том числе и ее признаки, при помощи которых можно разграничить доктрину права от других источников права. Правовая жизнь является одним из наиболее популярных направлений доктринальных исследований в современной отечественной юриспруденции. Многозначность самого слова «доктрина» порождает разные трактовки, которых надо учитывать. Все это предопределяют актуальность и необходимость дальнейших исследований доктрины права.
The doctrine of law is one of the most important and fascinating problems of legal science. In some legal systems, the doctrine remains a significant source of law. It means that the doctrine of the law goes beyond the scope of scientific problems and has practical value. However, many aspects of the doctrine of law remain highly controversial and ambiguous. To them we can include, among others, its constitutive features, which enable us to distinguish the legal doctrine from other sources clearly. Legal conditions constitute one of the most popular trends of doctrinal research in contemporary Russian literature on legal issues. The ambiguity of the term "doctrine" refers to different approaches that should be considered. This determines the timeliness and necessity of further research on legal doctrine.
Doktryna prawa stanowi jeden z ważniejszych i fascynujących problemów nauki prawniczej. W poszczególnych systemach prawnych doktryna pozostaje znaczącym źródłem prawa. Oznacza to, że doktryna prawa wychodzi poza ramy problemu naukowego i posiada znaczenie pragmatyczne. Niemniej jednak pozostaje wiele spornych i niejednoznacznych aspektów zagadnienia doktryny prawa. Do nich możemy zaliczyć między innymi jej cechy konstytuujące, pozwalające jednoznacznie rozróżnić doktrynę prawa od innych jego źródeł. Byt prawny stanowi jeden z najbardziej popularnych kierunków badań doktrynalnych we współczesnej literaturze rosyjskiej o tematyce prawniczej. Wieloznaczność samego terminu „doktryna” nawiązuje do różnych ujęć, na które należy zwrócić uwagę. Przesądza to o aktualności i konieczności dalszych badań nad doktryną prawną.
Źródło:: De Securitate et Defensione. O Bezpieczeństwie i Obronności; 2018, 1(4); 108-127
2450-5005
Pojawia się w:: De Securitate et Defensione. O Bezpieczeństwie i Obronności
Dostawca treści:: Biblioteka Nauki

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