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Wyświetlanie 1-3 z 3
Tytuł:
Sprawcy przestępstw o charakterze chuligańskim
Offenders Convicted of Offences Defined as Hooliganism
Autorzy:
Szelhaus, Stanisław
Powiązania:
https://bibliotekanauki.pl/articles/699235.pdf
Data publikacji:
1974
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
sprawca przestępstw
przestępstwo o charakterze chuligańskim
perpetrator of an offence
offence of a hooligan nature
Opis:
This work discusses investigation results concerning 564 individuals convicted of offences defined by the court as hooliganism; the offences were committed in Warsaw, involved the exercise of physical aggression in relation to persons not known to the offender, and took place while the offender was intoxicated. These studies were initiated in 1963 by the Department of Criminology, Institute of Legal Sciences, Polish Academy of Sciences; police officials throughout Warsaw were ordered by Police Headquarters to complete during the course of 1964 special forms relevant to individuals suspected of having committed one of such offences combined with assault on a member of the public or an official, (usually a policeman). These questionnaires were filled out only in cases of (a) an offence combined with physical aggression being established; (b) if the person assaulted was previously unknown to the offender; (c) if there was no provocation on the part of the assaulted person; and (d) when as a result of preliminary proceedings the probability of the offender’s being guilty was established. During the course of one year (1964), there were arrested in the Warsaw area 788 offenders (including 46 women) who had committed offences covered by the criteria referred to above. Investigations embraced 564 male offenders who had committed the most frequently occurring offences classified as hooligan offences: ‒ 226 later convicted by a court for assault causing no bodily harm, ‒ 226 for the assault of policemen, ‒ 112 for causing slight bodily injury. Data regarding convictions and imprisonment of those investigated, as obtained from official records, were thrice checked: in 1964, after five years; at the end of 1969; and after eight years ‒ at the end of 1972. As regards offenders who in 1964 were under 21 their convictions between 13 and 16 years of age were found out in a Juvenile Court. The age of 564 of those guilty of hooligan offences in 1964 was as follows: 23% were 17-20 years old, 18% were 21-24 years old, 23% were 25-29 years old, 25% were 30-39 years old 11% were over 40 years old. The average age of those investigated amounted to approximately 28.5 years and the median – to 26. After eight years in 1972 the average age of the investigated amounted to approximately 36 and the median was about 34.             Note that as the offenders grew older there was a gradual increase in the percentage of assaults upon policemen and a decrease in the percentage of those who were convicted for aggressive attacks to the detriment of others. In 1964, there was a total of 53% with previous convictions, most frequently in the group of young adults (17-20) ‒ 60%, if also taken into account are those cases in which they faced trial before a court while juveniles and least frequently ‒ 40% ‒ in the group of those convicted not earlier than at the age of 40. Among the recidivists, 40% were convicted once, 29% ‒ twice, 13% ‒ three times, and 18% ‒ four times or more. Already in 1964, when the median of age amounted to no more than 26 years, only 40% of all the offences committed were offences against property, while 50% committed offences with aggression and other offences while intoxicated. Offences qualified as hooliganism appeared in the light of the random sample, taken from court records, as follows: Assaults upon policemen: approximately 70% of the offences of this type were committed in connection with police interference caused by disturbance of public order during a brawl, a scuffle, etc., approximately 20% were the reaction to the offender’s being told to behave properly, and the remaining 10% were the reaction when asked by a policeman to reveal identity. With about 45% of those charged with minor assault on the person or slight bodily injury, it was impossible to perceive any reasons for such aggressive behaviour. In the case of 26%, aggression was the response to the victim’s having criticised the offender’s improper behaviour in a public place. In the case of 17%, aggression was connected with refusal by the victim to give the offender a small sum of money to buy alcohol. Note that in cases of slight bodily injuries, only 16% of the offenders used some hard object, and 5% a sharp instrument. All those charged with such offences classified as hooligan acts were intoxicated at the time they committed the offence; among the victims (of whom 53% were aged up to 30), 22% were also under the influence of alcohol. The characteristic features, given below, of the offenders referred to were based on all the data obtained about them up to the end of 1972, when the median of age amounted to approximately 34 years; note that this research was combined neither with psychological and medical examinations nor with home interviews of those investigated. Four groups were differentiated among the 564 individuals charged with acts of hooliganism: The group marked with the symbol 0/0, which included those convicted only once in 1964, who had faced no trial, either before or afterwards during the course of eight years. This group embraced 30% of the total of offenders. Group +/0, to which belong those who were charged before 1964, but did not face a court during the follow-up period of eight years. This group included no more than 18% of those investigated. Note that those investigated from groups A and B are older than those in the remaining two groups. The percentage of those between 17-24 years not convicted after 1964, amounts respectively to 31 and 30, and that of those 30 years old and more ‒ 47 and 37. Group 0/+ is made up of individuals without convictions before 1964, but who faced charges later. This group contained only 17% of the total of the delinquents. Group +/+ is composed of individuals convicted before as well as after 1964; this is the most numerous group, embracing 34% of the total of those investigated. Those from group C and D are considerably younger – below 25 were in 1964 respectively 56% and 47%, while only 25% and 28% were 30 years old and older. In these two groups of individuals convicted also after 1964 the initiation of convictions took place at a very early stage – convictions below 25 years were: in group C (0/+) – 56%, and in group D (+/+) as much as 90% , taking into account also Juvenile Court convictions under 17 years. However, in groups A (0/0) and B (+/0) there is a markedly later initiation. In group 0/0 there were only, 32% who were convicted while under 25 and in group +/0 ‒ 39%. Dealing with those from group A (0/0), where one hooligan act was exceptional, it was found that as regards education and work they were positively distinguished from all the remaining individuals investigated. A considerable majority of them were skilled workers and 23% were white collar workers, students or secondary school pupils. All of them (bar three) were working or studying. According to police records, only 20% of the members of this group frequently consumed alcohol to excess. The offenders from groups B (+/0) and C (0/+) revealed certain common features, despite the fact that in group B were some who during the course of eight years after 1964 had committed no further offences, while group C embraced some without convictions before 1964, but who faced charges after 1964. A fundamental common feature is the systematic excessive consumption of alcohol by 65% and 60% of those investigated in these groups. Of those from group B (+/0), although they had faced no charges during the eight-year period, only one third were not repeatedly arrested by the police for drunkenness. Among the remainder, 29% were arrested once or twice and entered in police records for drunkenness, 10% were arrested 3-4 times and 26% ‒ five times or more. The rate of delinquency of those investigated from these two different groups was similar: in group B +/0 ‒ 57% were convicted by court only once, 20% ‒ twice, and only 15% ‒ three  times or more; in group C (0/+) ‒ 56% were convicted only once during the course of eight years after 1964, 35% ‒ twice, and only 9% - three times or more. The delinquency structure of those investigated from these two groups is almost identical: offences against property do not exceed 20% and 18% respectively of the offences committed by them in general; 54% and 52% were offences combined with physical aggression; and 17%  were offences involving verbal aggression: 6% and 10% of the offences were also connected with excessive consumption of alcohol. The majority of the delinquents from the most numerous group D (+/+) came from socially seriously depraved categories; one in three of them had not even finished primary school, 43% did not work or only from time to time. Even in 1964, when 47% of them were still under 25, approximately 70% of the total of those investigated in this group figured in police records as “individuals frequently getting drunk and arrested for drunkenness or for causing brawls”. Between 1968 and 1972, as many as 68% of those investigated of this group were brought to detoxication centres and half of them were arrested at least three times (15% even over 10 times). Those investigated who belonged to group +/+ of recidivists were convicted: 19% ‒ three times, 18% ‒ four times, 18% five times, 18% ‒ six times, 15% ‒ seven to eight times, and 12% ‒ nine times or more. Among the young adults from this group who in 1964 were 17-20 years old, as many as 90% had already faced charges while they still were juveniles. Examination of the structure of delinquency of the total number of those investigated from group +/+ showed that 36% committed theft, 42% committed offences combined with physical aggression, 17% with verbal aggression, and 5%  committed still other offences, also connected with drunkenness. Two sub-groups differentiated from among those investigated in group +/+: (1) The first included 57% of such recidivists who were convicted exclusively (24%) or mainly (33%) of offences combined with aggression, or other offences committed as a rule while intoxicated. (2) The second sub-group included 36% of the recidivists convicted mainly (26%) or exclusively (9%) of theft. Theft accounted for three fourths of the total of the offences, and approximatery 20% of the offences were combined with aggression. The following answers were obtained to the question as to how many out of the population of delinquents investigated who committed hooligan acts were convicted at least four times for physical aggression: There was a total of 42 such delinquents, 32 were convicted four times for such offences and only 10 were convicted at least five times. Though these 42 offenders convicted at least four times for physical aggression account for almost 23% of all the recidivists, convicted four times and more, however, they make only 8% of the total of the investigated committed hooligan acts.  Ail these recidivists are recruited from among recidivists of group +/+ of the socially most depraved, and as a rule they were convicted also of having committed other offences (54% for theft). Examining other data, also mentioned in this work, related to “offences combined with physical aggression” it should be borne in mind that among all the offences with aggression against the person (564), committed by those investigated, 58% were responsible for battery and 26% for slight bodily injury. As regards serious crimes with violence against the person there were: 3 murders, 27 very serious and serious bodily injuries, 28 brawls and 3 rapes. Together, all such serious crimes make only 10,8% of all the offences against the person. Robbery also is rated a serious crime and there were 68 of such (as many as 55 robberies were committed by recidivists from group +/+ with multiple convictions). If offences involving serious violence against the person are added to robberies, then all the serious (dangerous) crimes accounted for 6.4% of the total of offences.   *   Summing up the results of the investigations, it may be concluded that among Warsaw residents studied as responsible for hooligan acts, 30% were convicted only once for such offences in 1964, 35% were as a rule convicted not more frequently than 2-3 times, and 34% were recidivists marked by strong social degradation, as a rule with multiple convictions. Among the crimes committed by all those investigated ‒ with the exception of 35% of the subgroup of recidivists from group +/+ ‒ there is a substantial predominance of offences combined with physical or verbal aggression and other offences resulting from insobriety. Out of the entire 564 individuals investigated as having committed hooligan acts, only 12% were recidivists as regards whom could be noted a marked predominance of offences against property as compared with other offences. Thus the category, discussed in this work, of offenders who committed hooligan acts, is marked by specific features, closely connected with excessive drinking.
Źródło:
Archiwum Kryminologii; 1974, VI; 18-50
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Młodociani sprawcy przestępstw o charakterze chuligańskim na terenie Warszawy (próba analizy ekologicznej)
Young Warsaw Adults of Convicted of Offences Bearing the Nature of Hooliganism (an ecological probe)
Autorzy:
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699134.pdf
Data publikacji:
1972
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
młodociani sprawcy
przestępstwo o charakterze chuligańskim
Warszawa
young adults
perpetrator of an offence
offence of hooligan nature
Warsaw
Opis:
The principal aim of the article is to examine some aspects of the distribution over the area of Warsaw of offences committed by young adults (17-20 years) convicted of acts bearing the nature of hooliganism. The analysis of this question was based on material relating to young convicts resident in Warsaw who had sentenced for offences against the person or against public officials which were ruled by the courts to bear the nature of hooliganism. These young adults were inmates of Warsaw prisons in the years 1967 - 1968. In examining the criminal records of the 493 young adults serving sentences for hooligan offences account was taken of all their convictions between the ages  of 17 and 20, i.e. not the offences of a hooligan nature for which they were serving sentences at the time of the inquiry, but also their previous and subsequent convictions before they reached their 21st birthday. It was found that 45 per cent of them had more than one conviction between the ages of 17 and 20; of these recidivists 69 per cent had two convictions and 31 per cent three. It is also worth noting the fact that a third of all the young adults convicted of hooligan offences had, before their 17th birthday, appeared  in juvenile courts (usually on stealing charges). Of these 46.4 per cent had been prosecuted once, 16.1 per cent twice, and 37.5 per cent three or more times.   As regards the character of the offences of the 224 young adult convicts with more than one conviction since their 17th birthday, it was as follows: – 55 per cent of these recidivists had been convicted solely of  offences involving physical aggression (verbal aggression in only a few cases); – 40 per cent for offences involving aggression and at least one offence against property; – 5 per cent for offences involving aggression and other offences, but not against property; A study of the criminal records of these recidivists revealed that in as many as 73 per cent of these cases the offences were solely or chiefly ones of violence (there were only a very few instances of verbal aggression), a fact which merits special attention in view of the typical circumstance that these offences are generally committed while intoxicated. Only rarely, however, did the aggressive offences cause any more serious harm to the victims: among all the offences of this type, grave ones constituted no more than two per cent, or six per cent if robbery is included. Turning now to the ecological analysis of the law-breaking of the young adults convicted of hooligan offences, it should be remarked that the classification of Warsaw’s seven districts (boroughs) according to the incidence of the phenomenon in questions differs fundamentally depending on the frame of reference of the analysis: whether we make the criterion the place where the offence was committed or the place where the offender lives. In terms of the place where the hooligan offences of the young adult group in question were committed, the highest incidence rate was recorded in two districts: Central Warsaw and Northern Praga District. A similar picture emerged from a study of the police records relating to young adults suspected of offences against the person or public officials on the area of Warsaw. These two districts bear a resemblance to each other in certain respects: Central Warsaw is the commercial and entertainments centre of Warsaw, especially its left-bank neighbourhoods and Northern Praga performs the same role for right-bank Warsaw. Both these districts also contain railway stations serving the city’s environs. It is also worth emphasizing that both these districts also have the highest incidence of crime committed by all suspected male adults, not only aggressive offences, but other felonies in general. They also have the highest crime discovery rate. To sum up, it can be seen that the highest incidence of crime is to be found in the districts which are the commercial and entertainments centres of Warsaw. The classification of Warsaw’s districts is different when the factors taken into account relate to the place where the young adults convicted of hooligan offences lived and not where their offences were committed. The first two places are then occupied by Żoliborz and Mokotów, two districts with no specifically distinctive features (and basically of a residential nature). Central Warsaw, in first place as regards the incidence of hooligan offences, drops to last but one among Warsaw’s seven districts as the place of residence of the offenders. Since almost a half of the population in question were recidivists, the question arose whether there were any distinct variations in the percentage of recidivists resident in each district. It was found that a decidedly higher percentage of residents than the average for Warsaw as a whole was a feature of a traditionally industrial district (Wola). It seemed interesting to look into the relationship between the place of residence of the subjects and the place where they committed their offences. A majority of their offences were committed in the same district as they lived, with the percentage for each oscillating between 54.7 and 70.1. Central Warsaw stands out from other districts as one in which the majority of the offences committed within its area were committed by offenders resident elsewhere: only 36.8 per cent of those guilty of offences committed within its area also lived there, whereas the corresponding percentages for other districts run from 62 to 80 per cent. It was also found that each district contains certain neighbourhoods which are the homes of a particularly large number of young adults convicted of hooligan offences. Inquiries into the territorial distribution around Warsaw of various types of crime committed by different age groups are currently being conducted by the Department of Criminology of the Polish Academy of Sciences.
Źródło:
Archiwum Kryminologii; 1972, V; 191-212
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Glosa do wyroku Sądu Apelacyjnego w Białymstoku z dnia 30 października 2014 r. (II AKa 221/14, LEX nr 1602865)
Autorzy:
Budyn-Kulik, Magdalena
Powiązania:
https://bibliotekanauki.pl/articles/609481.pdf
Data publikacji:
2018
Wydawca:
Uniwersytet Marii Curie-Skłodowskiej. Wydawnictwo Uniwersytetu Marii Curie-Skłodowskiej
Tematy:
inconsequential reason
lack of reason
motivation that deserves special condemnation
hooligan offence
hate crime
błahy powód
brak powodu
motywacja zasługująca na szczególne potępienie
występek o charakterze chuligańskim
przestępstwo z nienawiści
Opis:
The Court of Appeal in Bialystok in its judgment of 30 October 2014 (II AKa 221/14, LEX No. 1602865) stated that the use of violence, unlawful threat or insult solely on the grounds of someone’s national, ethnic, racial or religious affiliation can not find any rational and widely accepted explanation. This is in the meaning of Article 115 § 21 of Polish Criminal Code an action for no reason or, of course, a trivial reason. According to the court, the qualification of the act under Article 119 § 1 of Polish Criminal Code or from Article 257 of Polish Criminal Code does not preclude the application of the provision of Article 57a § 1 of Polish Criminal Code. The author explains the terms “reason”, “trivial reason” and “no reason”, as well as “motivation that deserves special condemnation”. The author critically refers to the submitted thesis, considering that the legislator, by making the mark of the type discussed for the reasons, considers it important. Lack of rationality in wrong-doer act cannot be identified with a inconsequential reason or lack of reason.
Sąd Apelacyjny w Białymstoku w wyroku z dnia 30 października 2014 r. (II AKa 221/14, LEX nr 1602865) stwierdził, że używanie przemocy, groźby bezprawnej lub znieważanie wyłącznie z powodu czyjejś przynależności narodowej, etnicznej, rasowej albo wyznaniowej nie może znajdować żadnego racjonalnego i powszechnie akceptowanego wytłumaczenia. Jest to w rozumieniu art. 115 § 21 k.k. działanie bez powodu, względnie z oczywiście błahego powodu. Zdaniem sądu kwalifikacja czynu z art. 119 § 1 k.k. lub z art. 257 k.k. nie wyklucza zastosowania przepisu art. 57a § 1 k.k. Autorka wyjaśnia pojęcia „powód”, „błahy powód” oraz „bez powodu”, a także „motywacja zasługująca na szczególne potępienie”. Krytycznie odnosi się do glosowanej tezy, uznając, że ustawodawca, czyniąc z omawianych powodów znamię typu, uznaje je za istotne. Braku racjonalnego uzasadnienia zachowania sprawcy nie można utożsamiać z błahym powodem lub jego brakiem.
Źródło:
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius); 2018, 65, 2
0458-4317
Pojawia się w:
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)
Dostawca treści:
Biblioteka Nauki
Artykuł
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