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    Wyświetlanie 1-4 z 4
    Tytuł:
    Problems of Arrest of Agricultiral Crops During Criminal Proceedings
    Autorzy:
    Bilenska, Yelyzaveta
    Powiązania:
    https://bibliotekanauki.pl/articles/1930587.pdf
    Data publikacji:
    2021-06-30
    Wydawca:
    Wydawnictwo Adam Marszałek
    Tematy:
    seizure of property
    illegal occupation of land plots
    physical evidence
    harvest
    agricultural crops
    Opis:
    This article is devoted to the examination of the procedural order of imposing arrest on agricultural crops during the judicial investigation of criminal offenses under Part 1 of Article 197–1 of the CC of Ukraine «Illegal occupation of land plots and self-building». The author, through the prism of logic, has analyzed the concepts of “harvest”, “agricultural crops” and “agricultural products”. It was found that when arresting agricultural crops during criminal proceedings under Part 1 Article 197–1 of the Criminal Code of Ukraine, it is advisable to use the terms “harvest” and “agricultural crops” depending on the stage of production at which the crops are located. The article examines the problems associated with the possibility of recognition of agricultural crops as a physical evidence in criminal proceedings and, as a result, the imposition of arrest on them. Based on the analysis of judicial practice, it was concluded that a detailed description of property in the notes of investigating judges, courts when seizering on property defined by generic characteristics is necessary. It is argued that when deciding on the imposition of seizure on agricultural crops it is necessary to take into account the order of preservation of such property. Developed scientific and practical recommendations on the application of the provisions governing the procedure for imposing arrest on agricultural crops.
    Źródło:
    Krakowskie Studia Małopolskie; 2021, 2(30); 35-50
    1643-6911
    Pojawia się w:
    Krakowskie Studia Małopolskie
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Ocena działań ustawodawcy na gruncie przepisów Kodeksu postępowania karnego dotyczących odszkodowania za niesłuszne stosowanie środków przymusu, ze szczególnym uwzględnieniem zabezpieczenia majątkowego
    The assessment of a legislator’s actions under the provisions of the Criminal Procedure Code concerning compensation for unjustifiable use of coercive measures, with particular emphasis on seizure of property
    Autorzy:
    Ostrzycka, Martyna
    Powiązania:
    https://bibliotekanauki.pl/articles/962384.pdf
    Data publikacji:
    2016
    Wydawca:
    Uniwersytet im. Adama Mickiewicza w Poznaniu
    Tematy:
    damages
    compensation
    coercive measures
    seizure of property
    amendment to the Criminal Procedure Code
    Opis:
    Recently, amendments to the Criminal Procedure Code have been made with unusual frequency. On 1 July 2015, the provisions which made a fundamental remodeling of the criminal procedure came into force. These included innovative regulations for the possibility of applying for compensation from the State Treasury for unjustifiable use of coercive measures, including seizure of property. Although the implementation of these provisions was consistent with the standpoint of the majority of the doctrine, they were only in force for less than ten months. In the motives of the bill, which had removed them from the Code, there was actually no justification for such actions of the legislator. Because they were in force for such a short duration, there is no possibility of assessing their functioning.Such actions of the legislator deserve the highest criticism, because there is an undeniable need to protect persons against whom coercive measures, including seizure of property, were unjustifiably applied.
    Źródło:
    Adam Mickiewicz University Law Review; 2016, 6; 229-246
    2450-0976
    Pojawia się w:
    Adam Mickiewicz University Law Review
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Sprawcy zagarnięć mienia społecznego znacznej wartości (w świetle danych z akt sądowych oraz wyników badań psychologicznych)
    The Cases of Misappropriation of Social Property of a Considerable Value (in the Light of the Data From Court Files and Psychological Examination)
    Autorzy:
    Szymanowska, Aleksanda
    Powiązania:
    https://bibliotekanauki.pl/articles/699056.pdf
    Data publikacji:
    1982
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    sprawca
    mienie społeczne
    przestępczość
    zagarnięcie mienia
    przestępstwo
    kara
    alkoholizm
    perpetrator
    social property
    criminality
    seizure of property
    offense
    penalty
    alcoholism
    Opis:
    The problem of offences against economy, where the value of misappropriated property exceeds 100,000 zlotys, is a particular criminological problem. The peculiar character of this type of crime results from the fact, firstly, that a new type of property - that is social property - comes into question, and secondly, that the category of perpetrators of such offences has not yet been closely studied nor described.  Though the property discussed here is called “social” - in the social consciousness the opinion has fixed itself that, managed , by the State officials, it is a property of the State, alienated, “belonging to nobody” and not to all of the citizens. On account of this, the moral norm “thou shalt not steal” assented to by a large majority of the Polish society, does not apply to this kind of property to the same degree as to private property owned by a definite person. The persons guilty of misappropriation of social’ property of a considerable and great value (that is, over 100,000 zlotys) frequently enjoy a reputation of good specialists, efficient organizers and friendly colleagues. Taking advantage of the others’ trust in them, they appropriate the property under their control in the course of their duties for the protection of which they are responsible. In the present study, one fundamental problem is formulated: what are the characteristics of persons convicted of misappropriation of social property of a considerable value, what are the most frequent motives of their offences and the circumstances of committing them. To find the answers to the above questions, the criminological-psychological examination whose sentenced had become valid in 1969 and 1970 for misappropriation of social property of a value exceeding 100,000 zlotys, to the detriment of the institutions they worked in, where they were responsible for protection of this property. The study represents the social and demographic characterization of 100 perpetrators of misappropriation of property, based on the analysis of court files and records concerning their financial standing. The second part of the study includes a psychological characteristics elaborated on the grounds of detailed individual psychological examination. 54 persons of the 100 whose files had been analysed were included in the psychological examination, as it was for many reasons impossible to reach all of the offenders. The following statements based on the social and demographic data are worthy of attention: - In the group of persons guilty of misappropriation of property of a considerable and great value, the percentage of women is much higher than in the entire population of the convicted offenders. In 1970, women constituted 11% of all persons aged 21- 65, whose sentences had become valid, while the percentage of women in the group under scrutiny was 34%. - The age of the offenders varied greatly (21-65), while the majority were aged 41-50. - The level of education of the offenders, with those with over elementary education prevailing (59%), was somewhat higher than that of all employees in national economy. - The type of job of the offenders was closely connected with their sex. Women are mainly employed in book-keeping departments, while men worked in purchasing centres and warehouses. 41% of Women and 56% of men occupied executive posts, which where, however, of lower grade, for example head of department. - As regards such demographic variables as social background, place of birth and residence, duration of work etc., the offenders did not differ significantly from the  population of non-offenders. - The analysis of a family situation reveals no differences between the offenders at the time of apprehension and the entire population. The majority of them were married and had usually one or two children. A detailed analysis of the records concerning the financial standing of the offenders in the period of commission of the offence revealed their financial situation, as measured by their monthly wages and the budget per 1 person to be as follows: - Te mean wage of the whale of the offenders were 105% of the mean country wage. - Income per 1 person in the household (properly calculated in relation to 1970) was 400-2065 zlotys. In the group of offenders with 4-person household, the mean income per 1 person was 1056 zlotys, that is, approximately the social minimum. In the group of offenders whose household are more numerous, the income in question was 446-804 zlotys and was thus below the social minimum. The delinquency of the persons examined was as follows: - Among the group of 100 persons, there were 16% previously convicted for various offences, including only 1 person convicted for an offence against property. There were no former juvenile delinquents among the persons under scrutiny. - The misappropriation of social property was committed single-handed  (54%) or in co-operation with other persons (46%). There existed a correlation between the form of commission of the offence and the type of job. Also the way in which the offence had been committed was related to the type of job. - The duration of criminal activities varied from 1 month to 15 years, the mean duration being 3 years 7 months. - The value of the property misappropriated by the offenders in 65% met the criteria of considerable value (over 100,000 to 200,000 zlotys) and in 35% - that of great value (over 200,000 zlotys). - The offenders had been sentenced for the misappropriation of property to 5 - 15 years of imprisonment (mean 8 - 10 years) and to fines of 50- 300 thousand zlotys. Individual investigation which was a basis for psychological characteristics of the persons was carried on in prisons. The mean period of the hitherto isolation was 2 years. Information obtained in the present study as to the family background of the offenders, their life stories, education and professional work, excessive drinking etc., clearly differentiate this population amongst other groups of offenders as described in other studies. There were no persons with criminal records among the parents and siblings of the offenders, as well as those excessively drinking or shirking work. Likewise, no distinct disturbances in the family situation of the offenders, in the period preceding apprehension in prison, were found. A majority of them were married and performed their family duties properly. The percentage of men who could be recognized as excessively drinking, was comparatively low among the examined persons. -  The results of the intelligence test by means of the Wechsler-Bellevue Scale indicate no cases of lowered intelligence among the examined offenders. Mean IQ of the entire group was 116, that is over the average. The Eysenck's Personality Inventory revealed only small differences between the offenders and the control group derived from the population of Poland as regards the intensity of neurotism and extroversion. There was indeed lower intensity of extroversion among the men. Thus the obtained results did not confirm Eysenck's hypothesis that offenders were recruited from extrovertive neurotics. - As indicated by the accounts of the offenders as to the motives of committing the offence, nearly half of them were induced or even forced to commit it by their co-workers. Those who had initiated an offence were determined by a desire to get money they needed for amenities or to improve the living standards of their families, while the persons induced or forced to commit the offence were led first of all by the fear of losing their jobs. - Before they started their delinquent activity, the majority of the offenders had reflected on the possible consequences of their demeanour. They estimated the chances of avoiding penalty rather high, on the basis of their own professional experience, the acquaintance with their associates and the methods of supervision accepted in their places of employment. The circumstances that determined the fact that people similar to average non-criminal citizens in many respects, committed an offence, were as follows: on the one hand, a low in degree of internalization of the norm which prohibits stealing social property, accompanied by a strong “temptation” , and on the other hand, an estimation of high probability of avoiding awkward consequences, which resulted from: defective system of supervision, poor organization of work, uneconomical management, the climate of solidarity and tolerance towards the perpetrators of petty misappropriation of social property, and disorder in many institutions.
    Źródło:
    Archiwum Kryminologii; 1982, VIII-IX; 447-473
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Property security in fighting and counteracting economic crimes
    Autorzy:
    DOMAGALSKI, LESZEK
    Powiązania:
    https://bibliotekanauki.pl/articles/1798778.pdf
    Data publikacji:
    2021-04-21
    Wydawca:
    Wyższa Szkoła Policji w Szczytnie
    Tematy:
    preparatory proceedings
    security proceedings
    extended confi scation
    money laundering
    Police
    Prosecution Service
    General Inspector of Financial Information
    seizure of property
    recovery of property
    Opis:
    The article presents the function of property security in fighting against economic, organised and fi scal crimes. Attention is paid to the services and authorities forming the three pillars of the asset recovery system, the unit responsible, among others for collecting and processing information about assets constituting benefits from illegal or undisclosed sources included in the structures of the General Police Headquarters, the Prosecution Service and the General Inspector of Financial Information. The changes introduced by the Act of 23 March 2017 amending the Act – Penal Code relate to so-called extended confiscation. The essence of the new legal regulations and the importance of extended confiscation based on legal presumptions have been presented. The Act of March 1, 2018 on counteracting money laundering and fi nancing terrorism and its importance for the recovery of property and preventing crimes detrimental to the economic security of the state has also been interpreted.
    Źródło:
    Przegląd Policyjny; 2020, 140(4); 100-115
    0867-5708
    Pojawia się w:
    Przegląd Policyjny
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
      Wyświetlanie 1-4 z 4

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