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    Wyświetlanie 1-4 z 4
    Tytuł:
    Criminalisation of Beggars: the Causes and Consequences of the Phenomenon
    Autorzy:
    Klaus, Witold
    Powiązania:
    https://bibliotekanauki.pl/articles/2172257.pdf
    Data publikacji:
    2020-12-16
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    beggary
    criminalisation
    poverty
    criminology of the poor
    exclusion
    homelessness
    Opis:
    All authorities desire to control various aspects of their subjects’ lives. Those in power claim to do it in the name of protecting the peace and safety of all citizens. For one of groups perceived to be the most dangerous is the one whose members evade formal or informal social control – they do not work, do not have a family or are estranged from them, they have no permanent home. Therefore, to make sure that no one is out of the reach of governmental control, criminal law is utilised against them and whole ways of life, and the everyday behaviours of vagrants and homeless people began to be criminalised. And this process is still ongoing. The law thus punishes a person for their personal identity, and not for specific improper or harmful behaviour undertaken by them. In this paper I would like to analyse the problem of criminalisation of beggars throughout Polish history, and present how it impacted (and still impacts) upon the lives of the poorest and the most excluded parts of Polish society.
    Źródło:
    Contemporary Central and East European Law; 2019, 1 (133); 132-141
    0070-7325
    Pojawia się w:
    Contemporary Central and East European Law
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Zawieranie małżeństw polsko-cudzoziemskich w celu obejścia przepisów legalizacyjnych
    Marriages Between Polish and Foreign Nationals Entered into with a View to Circumventing the Law on the Legalization of Residence
    Autorzy:
    Klaus, Witold
    Powiązania:
    https://bibliotekanauki.pl/articles/698638.pdf
    Data publikacji:
    2016
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    małżeństwa polsko-cudzoziemskie
    przepisy legalizacyjne
    kryminologia
    foreign nationals
    legalization of residence
    criminology
    marriages
    Opis:
    In a changing and increasingly globalized world, in which migration is on the rise, more and more frequently marriages are being entered into between people of different nationalities, and also, often enough, of different confession or ethnicity. Many scholars claim that the widespread nature of this phenomenon may, in fact, attest to a high level of integration of the migrants into the society and their resultant social acceptance. On the other hand, various studies reveal that in numerous societies mixed marriages are not generally approved of. Marriage may be perceived very differently, depending on the actual perspective or an approach opted for when putting it under closer scrutiny. For some, its key component will consist in the relationship between two individuals forming it, others will be happy to see rather as a primary building block of a society, a kind of social nucleus, others still, first and foremost in business terms. Finally, marriage may also be looked upon as a means of controlling and oppressing women. In different domains of the law, the institution of marriage is bound to be perceived very differently. In terms of immigration law, marriage is perceived first and foremost as an instrument for the legalization of a foreign national’s residence in another country. Marriage may also be looked upon as a certain source of risk, including that to public security. The very fact of its conclusion may be considered a criminal offence, e.g. in the case of forcing someone into entering into such a relationship. A number of countries face a recognized problem of the so-called forced marriages. In terms of immigration law, the problem consists in making an instrumental use of the institution of marriage in order to legalize one’s residence in the country. This is referred to as a marriage of convenience, or paper marriage, fictitious union, sometimes also referred to as fake marriage. Under Polish law, they are subsumed under the term “marriages contracted in order to circumvent the legislation in place,” i.e. presumably the Foreign Nationals Act. There are various definitions of virtual marriages to be found in the literature on the subject. They are referred to as relationships in which at least one of the partners contracts a marriage with no intention of pursuing true married life whatsoever. Other definitions highlight a purely instrumental use of the institution of marriage in order to achieve certain benefits, usually with a view to being granted a bona fide residence status, but also for the purpose of escaping from oppressive family relations or cultural pressures exerted by a social group to which they happen to belong. Relevant EU provisions recommend that the Member States introduce mechanisms for the monitoring of mixed marriages and make references to specific cases whereupon a fictitious marriage might well be suspected. Polish legal regulations have been duly adapted to them (provisions of Article 169, Foreign Nationals Act). The number of cases in which provincial governors agreed that a marriage had been contracted in order to circumvent the legislation in place is not high. Over 10 years, only 1,178 of such cases have been identified throughout the country, which accounted for just over 2% of all decisions on legalizing a foreign national’s residence in the country in connection with contracting a mixed marriage. The paper presents the results of a representative sample of residence legalization cases, whereupon provincial governors found marriages to have been contracted under false pretences in the period spanning 2009–2013. A total of 138 of such cases were examined. A vast majority of the surveyed marriages subsequently found to be fictitious was based on the paradigm most popular in the Polish context, i.e. a female Polish citizen marrying a foreign national (72% of cases). Most often, such marriages were contracted by Nigerian nationals, followed by Armenians, Turks, and Ukrainians. The residence in Poland of around a half of the expats might be regarded as a short-term one (as it would not last in excess of 3 years), another 25% might can be described as medium-term migrants, and the remainder, the long-term ones, since they had lived in Poland country for over 10 years. Nigerians and foreign nationals from South Asia and the Mediterranean countries did not usually spend more than three years in Poland, whereas our eastern neighbours and the Armenians tended to stay for at least 4 years, and frequently more than 10 years. A vast majority of married couples, almost 70% of all cases, first met in Poland. In 13% of the cases, they met in another EU country – usually during a longer sojourn of female Polish citizens in that country, or, in a single case, a male Polish citizen. Most foreign nationals marrying Polish women (69%) were over 26 and under 40. There were relatively few older ones, i.e. those over 40 years of age. The average age of female Polish citizens married by them was different, though, as the group of younger ones, i.e. up to 30 years of age, seemed to be dominant. The group of older women, i.e. over 50 years of age, also is quite prominent. In very few cases it was possible to determine during the residence legalization procedure that the spouses had concluded a formal agreement regarding the fictitious nature of their marriage, which would also have its financial aspect: a Polish national was due to receive money in exchange for contracting marriage to a foreign national. Such an aspect was encountered in 15 cases only, and most often the information came from a Polish national who felt cheated out of the payment of the amount originally promised to him/her. When determining the fictitious nature of a marriage, the officials were often aided by the spouses themselves – in 2/3 of the cases under investigation at the time of filing an application for the legalization of residence, they no longer lived together (although sometimes it was due to the fact that the husband still lived abroad having just applied for the right to claim residence in Poland, yet such cases were rather few, as was indicated above). Following an on-site verification whether a married couple actually lived together for the duration of the administrative proceedings, it transpired that in up to 91% of the cases they did not, including the 42 cases, when one of the spouses explicitly described the relationship as over. Polish citizenship as a ‘commodity’ has steadily grown in value in view of the attendant opportunity to obtain legal residence in other EU countries and contracting employment without the need for any permits. Hence, many people are ready to go to any lengths to obtain such a highly prized document. Consequently, the phenomenon of marriages of convenience is expected to rise. On the other hand, this particular type of motivation for contracting marriage by foreign nationals is, and most likely will remain rather hard to detect, so we might just as well acknowledge this as a hard fact of life. There will always be various ways to circumvent legal regulations. While constructing the legislation aimed at preventing fictitious marriages, it should be considered how much effort and resources we are prepared to allocate to preventive measures, to what extent they are expected to be effective (since often they are not, despite the substantial expenditures incurred), and to what extent we can afford to limit the citizens’ rights in this particular respect. When making incursions into someone’s family life and interfering with their marital relations, this is definitely an issue of paramount importance. Finally, it should be borne in mind that marriage is a kind of social contract, and that it has always been so. Marriage out of love is a relatively new concept, and related to a larger extent to a cultural fabric of the global North. In other cultures, marriage has often retained its historical character. One simply needs to acknowledge and accept it as a fact of life when shaping migration policy.
    Źródło:
    Archiwum Kryminologii; 2016, XXXVIII; 269-319
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Związki między wiktymizacją oraz ubóstwem i wykluczeniem społecznym
    Relations of victimisation to poverty and social exclusion
    Autorzy:
    Klaus, Witold
    Woźniakowska-Fajst, Dagmara
    Powiązania:
    https://bibliotekanauki.pl/articles/699027.pdf
    Data publikacji:
    2012
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    bieda a przestępczość
    polityka kryminalna
    wiktymizacja
    criminology
    crime
    poverty
    victimology
    victimization
    social exclusion
    Opis:
    Since the emergence of criminology as a science, one of the main problems taken up by criminologists was the relations between poverty and crime. Initially, the studies aimed to work out actions to prevent crime and to protect the rest of the society from the marginalized, the excluded and the poor. It was pointed out that that the group called the underclass was marked by criminal deeds of its members, alcohol abuse, family disruption, single parenting, dependence on social security, and physical abuse in families. Only until later, with the development of victimology, the other side started to be observed – the description of the underclass is true as much in the case of perpetrators as it is in the case of victims. It has been proved that poverty and marginalization are related to a higher risk of becoming a victim of a crime. In case of poverty and social exclusion, one can speak of a cause-effect relationship but undoubtedly this can work in both directions – poverty usually adds to social exclusion while social exclusion (particularly more severe, like e.g. ostracism) can lead to poverty. Already at the time of emergence of victimology it was observed that victimization does not concern all members of a society to the same degree. Some social groups become crime victims more often than others. Certain categories of people were recognized as particularly vulnerable to wrongful deeds. In 1947 Hans von Hentig drafted up the first categorisation of persons who were at an increased risk of victimization. It included particular categories of people whose psychological, physical, and behavioural features predispose them to the role of a victim. The author listed larger social groups (eg. young people or women) but also such groups which are included in the context of social exclusion today. He claimed that, among others, mentally ill, retarded, substance dependant are particularly vulnerable to victimisation because their limited perception of situation makes them an easier target to theft, con or fraud. He listed immigrants who are in cultural conflict and rejected by the majority as „aliens”, the poor, and people with emotional problems as all these weaknesses could be easily used by criminals. Other minorities faced similar problems. Social inequality touches upon them in a greater degree and this increases the risk of victimisation. Today, we speak of victimisation of minorities also in the context of prejudice-motivated crimes and the elderly are one of the most vulnerable groups. Benjamin Mendelsohn accented not individual features of victims but their behaviour in cer-tain situational context. According to the author, persons whose behaviour infringes principles of social co-existence and, as a consequence, who put themselves at risk of marginalization, are exactly those who can easily become victims. Living apart from the society and contrary to its rules after all influences the risk of victimization.
    Źródło:
    Archiwum Kryminologii; 2012, XXXIV; 43-89
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Zakład Kryminologii INP PAN z perspektywy współczesnej
    Department of Criminology of the Institute of Law Studies in a Modern Perspective
    Autorzy:
    Buczkowski, Konrad
    Klaus, Witold
    Woźniakowska-Fajst, Dagmara
    Powiązania:
    https://bibliotekanauki.pl/articles/698876.pdf
    Data publikacji:
    2008
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    Instytut Nauk Prawnych Polskiej Akademii Nauk
    Zakład Kryminologii INP PAN
    Institute of Law Studies of the Polish Academy of Sciences
    Department of Criminology of the Institute of Law Studies
    Źródło:
    Archiwum Kryminologii; 2008, XXIX-XXX; 49-63
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
      Wyświetlanie 1-4 z 4

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