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Tytuł:
Bitwa Warszawska 1920 r. w opiniach i komentarzach zachodnich uczestników i obserwatorów
Battle of Warsaw 1920 in the Opinions and Comments of Western Participants and Observers
Autorzy:
Morozova, Olga
Mikołajczak, Marek
Powiązania:
https://bibliotekanauki.pl/articles/2154571.pdf
Data publikacji:
1920
Wydawca:
Instytut Pamięci Narodowej, Komisja Ścigania Zbrodni przeciwko Narodowi Polskiemu
Tematy:
wojna polsko-bolszewicka
Bitwa Warszawska
zachodni dyplomaci i oficerowie
polityka państw zachodnich
Polish-Bolshevik war
Battle of Warsaw
Western diplomats and officers
policy of Western countries
Opis:
Wojna polsko-bolszewicka, a w szczególności obrona Warszawy w roku 1920 miały zasadnicze znaczenie dla procesu odbudowy niepodległej Polski po zakończeniu I wojny światowej. Ewentualna przegrana w najlepszym przypadku oznaczałaby zapewne włączenie ziem polskich do państwa bolszewików. Istniał też znacznie gorszy scenariusz − opanowanie przez bolszewików całej Europy. Taką możliwość brali pod uwagę zachodni dyplomaci i oficerowie przebywający w Polsce w roku 1920, którzy pozostawili po sobie oficjalne dokumenty, osobiste zapiski i listy. Przedstawili w nich nie tylko przebieg samej wojny, ale również starali się oddać nastroje społeczne oraz sytuację polityczną kraju stojącego w obliczu śmiertelnego zagrożenia. Artykuł pokazuje, w jaki sposób przedstawiciele państw zachodnich opisywali przebieg wojny polsko-bolszewickiej w kluczowym dla niej momencie − podczas obrony Warszawy; odpowiada także na pytanie, na ile relacje bezpośrednich obserwatorów i uczestników wydarzeń związanych z tą wojną miały wpływ na politykę ich rządów wobec Polski, w szczególności na gotowość niesienia przez nie pomocy Polakom oraz prezentuje w oparciu o analizowane źródła nastroje społeczne, które w czasie wojny 1920 r. ulegały gwałtownym zmianom.
Źródło:
Pamięć i Sprawiedliwość; 2022, 39, 1; 490-522
1427-7476
Pojawia się w:
Pamięć i Sprawiedliwość
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Les changements juridiques actuels dans le systéme de la gestion de léconomie nationale
Autorzy:
Rabska, Teresa
Powiązania:
https://bibliotekanauki.pl/articles/44318210.pdf
Data publikacji:
1974-12-31
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
legal changes
law
system
management system
management
economy
national economy
policy
Źródło:
Droit Polonais Contemporain; 1974, 1 (21); 17-40
0070-7325
Pojawia się w:
Droit Polonais Contemporain
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępczość wielokrotnych recydywistów i stosowana wobec nich polityka karna
Crime among multi-recidivists, and penal policy towards them
Autorzy:
Siemaszko, Andrzej
Powiązania:
https://bibliotekanauki.pl/articles/699076.pdf
Data publikacji:
1983
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
recydywista
stosowanie kar
polityka karna
przestępczość
więzienie
recidivist
application of penalties
criminal policy
criminality
prison
Opis:
         In Poland in recent  years, the number of people sentenced each year in what is know as „special multiple recidivism (Art.60 § 2) has been in the order of 1,500-1,700. This paragfaph of the Penal Code, which applies to offences against property and to acts of hooliganism, provides for a drastic stepping-up of penal Sanctions. Under the Penal Code, the minimum sentence for multi-recidivists in this category is two years' imprisonment, unless there are mitigating circumstances. Hence it may be concluded that the legislation regards this group of effenders as  constituting a specially serious danger to law and order. The sudy described below was designed to elucidate if that is really the case.       The subjects in this study were all multi-recidivists sentenced under this paragraph by the courts in five voivodships of Poland, in the years  1975 and 1976. Over  1,700 criminal cases brought against 131 persons were analysed. For technical reasoni, it was not possible to make a random sample. Nevertheless, if we take into consideration the fact that the subjects constituted 10%  of all multi-recidivists  convicted of special multiple recidivism within this period, as well as the fact that the main social and demographic data and the kinds of crimes committed by the multi-recidivists in our group are almost identical to such data in other investigations based on random samples, we can take it that the sample used in our study may be considered as representative of all the offenders convicted of  crimes in what is known as „specual multiple recidivism”.       The methods used was to analyse the court records and the data given in the register of convicted persons and in the register of prisoners. Efforfs were made to collect information from the records on all crimes committed by the recidivists in our group, right from the beginning of their criminal career.      The study fell into the following headings: 1) basic socio-demographic data, 2) crime record,         3) structure of offences committed, 4) effectiveness of penal measures used, 5) the penal policy adopted towards our subjects in different periods. Finally, conclusions drawn from the present study, as well asfrom other studies of multi-recidivism are presented.      Some basic characteristics of this group are as follows: The mean age of the subjects was 40, and their mean age at the time of the first conviction: 21. The percentage of multi-recidivists who began their criminal carrer being aged 25 and over was higher in this group than in other studies.      The educational level of the men in this group was much lower than that of the male manual workers employed in the public economy. Nearly  4O% of the subjects had no trade, and among those who did work, most of their jobs consisted of the simplest manual work not requiring any qualifications. Yet it was found that only about 40% of the subjects had worked regularly before their first conviction, and that nearly 39%o had never worked at all.       The average number of convictions per subject was 7. The mean length of prison sentence given was 31.9 months (that is, over  2.5 years), while the average stay in prison was 24.44 months, that is, just over two years.  Out of 922 sentences, 43.1%  did not exceed 18 months. The percentage of prison sentences of five years and over was only 6.6%. These facts may indicate that the offenders in this group had not committed serious crimes that were a real threat to law and order. But the sentences passed for the first two cases were statistically significantly lower than those imposed for later crimes. A similar statistically significant difference was noted as regards length of successive periods spent at liberty. After each period in prison, the periods at liberty became successively shorter. Nevertheless generally speaking the tempo of recidivism was very high in this group. Out of a total number of 818 periods spent in freedom,  11.4%  had a duration not exceeding a month, while 40%  did not exceed six months in duration. The percentage of periods of freedom that lasted for more than three years was barely 7.4% in this group.      As for the structure of offenies committed by the subjects in this group, offences against property dominated, for  85.9% of the total number of  1,784 offences committed were offences of this type, offences against the person 3.48%  of the total, offences against authority 3.48%, and offences against the family 1.23%. Theft of private property accounted for 50% of all the offences  committed by the recidivists in this group.  Serious crimes, such as rape, homicide, or robbery, constituted barely  2.2%  of all the offences committed by this group, and by far the most were robberies. But even robbery, regarded as a serious crime, formed a tiny percentage of all the offences committed, for out of the total numbet of 1,784 offences, 37 were robberies.      In more than 75% of the crimes against property, the sums obtained were no more than 5,000 zlotys, while in only 11%  of the total cases did the sum obtained exceed 10,000 zlotys .     Several methods were used to assess the effectiveness of imprisonment. The first method was to work out the correlation between the variable "time in prison”  and the variable "time at in freedom". This correlation turend out to be nearly 0 (r = 0.02). This means that we can reject the hypothesis that there is a positive connection between length of imprisonment and time spent in freedom. The second method was to study the length of time spent in freedom  after periods of imprisonment of various lengths: up to 6 months, from 7  to 12 month., from 1 to 2  years, from 2 to 3 years,  and 3 years and over. Here, too, there was no significant correlation (X2 = 5.10; df = 12), which is below the level of significance. The third method was to try to find out if there was a significant diffence in duration of freedom between the recidivists sentenced to terms  of up to 6 months, and those sentenced to three years and over. The aim of this method was to discover if what are regarded as long terms in prison are followed by longer terms in the outside world. In other words,  it would be interesting to know if long-term incarceration has a deterrent effect. In this case, too, no significant statistical defferences were found (X2 = O,32; dt= 3, which is below the level of significance). Thus it would  seem that in our group of subjects' length of time in prison had no effect at all on the tempo of recidivism. This was confirmed by analysis of the duration of the first stay in prison as compared with the subsequent  time spent in freedom:  (X2 = 2.80; df = 4, which is below the level of significance).       There have been more and more frequent assertions of late, that the Polish criminal justice system has becoming more  and more punitive. The present study tried to test whether these assertions are justified with reference to the  population of multi-recedivists. Hence the period 1948-1978 was divided into five stages more or less corresponding to different phases of penal policy in Poland. These stages are as follows: Period I (l948-1955), Period II (1956-1960), Period III ( 1961-1965), Period IV (1966-1969), and Period V (197O-1978). The next step was to determine the character of penal policy towards recidivists during these various stages. As regards the length of the first prison sentences, the t test for the significance of the differences between the means showed that the mean duration of prison sentences in Period I (which was a very punitive period) was significantly greater than the duration of sentences passed in Period II and III. On the other hand, the mean duration of sentences passed in Periods I and IV showed no significant difference. This means that from the high figure un the "Stalin era”, the mean length of first prison sentences fell sharply in the next decade (especially in the „post October 1956" period), after which it gradually rose again, till in the period 1966-1969 it had reached a level not much lower than that of the "Stalin era". A similar analysis was made  of the second prison sentences meted out. Our findings were that during the whole time under review there were no drastic changes of penal policy towards persons previously sentenced. (None of the differences between the means representing the duration of second prison sentences were statistically significant). The highest mean length of prison sentences  was noted in Period I. There was a sharp fall in Period II, followed again by a gradual rise, until Period V, when length of sentence again was nearly as great as in Period I. Since similar results were obtained when the means of the length of third prison sentences in the various periods were compared, as well as the  means for the length of all sentences meted out in all five periods (here the tendency we have been discussing was particularly evident), the hypothesis as to the steadily increasing punitive character of the punitive justice system in Poland would seem to be borne out by the evidence.          Use of the means has this drawback: that with the exception of the standard deviation we have no other information about the sentences coming into different duration categories. For this reason we carried out an extra test, which consisted in comparing the distribution of sentences in the same five periods, but in categories with sentences of up to 1 year, from 1 year to 2 years, and sentences of two years and over. Here, too, the same tendency was found (X2=119.19;  df = 8; p<0.01).          The following conclusions were reached as a result of this study. The principles behind the paragraph of the Penal Code which deals with special multiple recidivism, and the construction of that paragraph, are wrong. Instead of being aimed maiunly at the perpetrators of serious crimes against person, as well as serious crimes against property, this paragraph in actual fact affects the perpretators of petty or very petty offences against property. On the whole these are habitual petty thieves, who offer no real serious threat to law and order. The result is that in the practice of punitive justice system even a very petty theft comitted in conditions of special multiple recidivism leads to a long term of  imprisonment. The consequence is that it also leads to a formal increase of recidivism, for if the law were different, the case could be discontinued or suspended. Hence Art. 60 § 2 of the Penal Code should definitely be abrogated.
Źródło:
Archiwum Kryminologii; 1983, X; 23-54
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Postępowanie pojednawcze w społeczności lokalnej: polityka nieformalnego rozwiązywania konfliktów
Community arbitration: the politics of informal conflict handling
Autorzy:
Gröfors, Martti
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699210.pdf
Data publikacji:
1985
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
postępowanie pojednawcze
społeczność lokalna
rozwiązywanie konfliktów
polityka nieformalna
conciliation
local society
conflict handling
informal policy
community arbitration
Źródło:
Archiwum Kryminologii; 1985, XII; 89-100
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Granice reformy więziennictwa
The Limits of Prison Reform
Autorzy:
Porowski, Michał
Rzepliński, Andrzej
Powiązania:
https://bibliotekanauki.pl/articles/699237.pdf
Data publikacji:
1986
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
instytucje społeczne
reforma więzienia
polityka więzienna
stereotyp
granice
neoklasycyzm
social institutions
prison reform
Prison Policy
stereotype
borders
neoclassicism
Opis:
A reform consists in the intention to introduce changes into a given system of social institutions which would not be aimed at its radical and qualitative transformation but would resolve themselves into improvement or rationalization. The reformatory thought may be inspired by conservative, liberal or radical attitudes which determine the motives, limits and profoundness of the changes. In the present paper, a conception of a reform of the prison system has been presented which would assimilate its contents to the substance of punishment, i.e. retribution in its humanistic interpretation and the values that come to the foreground of the axiological system of our times. These values are included in the notion of the dignity of a human being which results from treating man as the aim in itself and a being endowed with free will. The authors have assumed in the present paper that when reforming the prison system, all of its elements can be manipulated with the following exceptions: deprivation of the isolated person of his right to decide about his place of abode, and his duty to stay in a place determined by the authority which executes the penalty. Therefore, the following things can be changed: the ideological grounds of the system, i.e. its aims, functions and the role it plays in the global system of interests; external organization of the system, i.e. its -management regulation of interactions between the isolated and the isolating communities, organization the staff; material equipment of the system, i.e. buildings and their architecture, the arrangements concerning security, economy nd production. The authors oppose the conception which has been called here the reason of humanized retribution to the two contemporary variants of the prison policy. Ideologists of the first of them (the variant oriented at a psycho-social corrective treatment) model prisons having in view the future law abiding functioning of the offender in the society. An individual is here but a ,.human material" which is to undergo transformation as a result of the application of adequate measures. Ideologists of the second variant (one oriented at education through work) emphasize the social needs not connected with the prisoner who is treated as a quantum of man power that can be used. Retribution is inherent in the prison policy irrespective of the intention of its promotors and executors. After all it is one of the elements of the execution of penalty. The moral value of retribution resulting from a just punishment was recognized in the philosophy and dogmatic assumptions of pastoral theology. Recognizing punishment to be the offender’s personal right, we at the same time recognize his dignity due to a rational person. Therefore, punishment based on retribution certifying to the subjectivity and dignity of an human being, is tantamount to the humane attitude. To render possible the realization of the reason of humanized retribution, definite conditions have to emerge. These are: consistently grounding the punishment on the responsibility for the commission of a given act: this excludes the use of the perpetrator’s way of life, state or personality, and opinions as the essential criteria for meeting out punishment, and leads to the imposition of prison sentences for the most serious crimes only; stopping both the building of new prisons an the artificial increase of the capacity of the existing ones; overcoming the barrier of functional connections between prisons and state enterprises which use the immates cheap and first of all easily disposable man power. The reform of the prison policy inspired by the reason of humanized retribution can be expressed in three fundamental postulates which are: (i) the principle of the rule of law and that of mutual respect for the legel status of the prison staff and of the inmates; (ii) the principle of respect for the prisoners dignity; (iii) and the principle of minimalization of isolation of the prison system and of increasing its integration with the outside social environment. The rule of law which is the content of the first principle is the order not only of an absolute observance of the law, but also of the consistence of its contents with the achievements of civilization and morals of the global , society. Thus, on the one hand, the importance of the law as an instrument to eliminate arbitrariness of decisions from the process of execution of penalty is emphasized here, and, on the other hand, the postulate acquires justification that the prisoners' rights - instead of resulting from discretional decisions - be the articulation of the socially accepted values and their realization in accordance with the spirit of times. Thus the prisoners rights become the content and at the same time the safeguard of an humane attitude towards him.  The recognition of the rule of law as the central principle of the prison policy is justified by the very reason of humanized retribution. According to this principle. the process of execution of the deprivation o [ liberty is treated as a sui generis legal relationship between the prison management and the prisoner. the safeguard o[ which is the principle of mutual respect for the both parties legal positions. The construction of a definite catalogue of these rights is the task of the legislation. In any case, the prisoner retains his rights to the extent appropriate of any citizen in barracks. The only thing the penal isolation eliminates is the personal participation in the outside social life. A specific prison right is the inmates' right to use the period of isolation in the way that would be most helpful for their evelopment, which means, among other things the opportunity to participate in treatment alternatives offerred to them, or the conditions for individual development. For the principle of mutual respect of legal statuses to be realized, the prisoner should be equipped with effective means of execution of his rights. This is dictated by two reasons. Firstly, the conception of the process of execution of the penalty of deprivation of liberty as a legal relationship between the prisoner and the management naturally brings the normative factor. to the fore; secondly, prison-as an extremely dense social environment-releases tensions increased by the particural susceptibility to aggression on the part of both of its communities. The prison policy is a negation of the principle of respect for the prisoner’s human dignity in the present interpretation, its contents being adjusted to the Spartan attitude towards men in which an human being has an instrumental Value only. Therefore, he may be modeled after a freely chosen pattern by means of open repression, behavioural conditioning and other kinds of manipulation. On the other hand, the opposite Socratean model of influencing the individual is consistent with the authors assumptions. According to this model, the principal means of the so-called prisoners resocialization are discussed in the paper (work, education, access to culture, as well as punishment and award), in the effort to define them in such a way as never to disturb the ideological contents of the Socratean attitude towards the development of the individual. Prisons are social institutions for which everybody is responsible, though to a varying degree. This gives significance to the principle of minimum of isolation and integration of the prison with the outside social milieu. In this connection, a detailed discussion has been included in the present paper of the forms of isolation (internal, external), the effects of its accomplishment (material and social), and the effects of alienation of penal institutions ( totalitarization, prisonization, exlusion of social control, strict control of contacts with the outside social milieu). To sum up, the approach presented in the present paper is aimed at overcoming the stereotype that consist in a critical analysis of the separate  elements of the prison system without a comprehensive appraisal of its theoretical and practical values. This stereotype does nothing but consolidate the system the value of which has never been verified, and results in the prison policy becoming more and more eclectic.
Źródło:
Archiwum Kryminologii; 1986, XIII; 141-172
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Merytoryczne przesłanki orzekania kar i innych środków wobec wielokrotnych recydywistów
Penalties and other measures applied towards multiple recidivists
Autorzy:
Janiszewski, Bogusław
Powiązania:
https://bibliotekanauki.pl/articles/699228.pdf
Data publikacji:
1986
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
recydywa
wielokrotny recydywista
kara
kodeks karny
środki karne
polityka karna
wymiar kary
kara pozbawienia wolności
orzecznictwo
badania empiryczne
statystyki sądowe
recidivism
multiple recidivists
punishment
penal code
penal measures
criminal policy
sentence
imprisonment
case law
empirical research
court statistics
Opis:
The aims of the present study have been: 1) to ascertain the actual conditions of the courts' decisions applying penalties and other measures towards multiple recidivists; 2) to determine the present penal policy towards this category of convicted persons; 3) to compare this policy with the assumptions included in the Penal Code in force. Punishment imposed upon multiple recidivists is regulated by the provisions of Art. 60, para. 2 and 3 Art. 61 of the Penal Code. Their formulation is as follows: on a perpetrator sentenced twice in the conditions specified in para. 1 (special basic recidivism), who has served altogether at leat one year of deprivation of liberty and in the period of 5 years after the serving of the last penalty commits again an intentional offence with the purpose of obtaining a material benefit or of a hooligan character, similar to at least one of the previously committed offencęs, the court shall impose a penalty within the limits of from three times the lowest sanction, but not less than 2 years, up to the highest statutory sanction increased by one half, and if the highest statutory sanction is not higher than 3 years: up to 5 years deprivation of liberty. The increase of the lowest statutory sanction provided in para. 1 or 2 shall not apply, when the offence is a serious offence; in this case the court shall consider the commission of the offence in the conditions specified in para 1 or 2 as a circumstance increasing the penalty. In particularly justified cases when even the lowest penalty imposed on the basis of Art. 60. paras 1 or 2 would be incommeasurably Severe by reason of the motives for the action of the perpetrator, his traits and personal conditions as well as his way of life before the commission and his behaviour after the perpetration of the offence, the court when imposing the penalty may refrain from applying the rules specified in Art. 60. paras 1 or 2; in these cases the court shall take into consideration the commission of the offence in the conditions specified in Art. 60, para 1or 2 as circumstances influencing increasing the penalty. With regard to a perpetrator sentenced in the conditions specified in Art. 60, para. 2 he court shall adjudge protective supervision; if adjudging this supervision is not sufficient to prevent recidivism, the court shall adjudge .the commitment of the sentenced person to a social readaptation centre. (Art. 62, para. 2). The present work has been based on the author's own research and to a minimum extent only on the analysis of the national statistical data. The point of departure for the study of the actual conditions of the courts decisions were the conditions specified in the Penal Code now in force. The conditions specified in Art. 61 of the Penal Code and related to the offender only have been assumed to form the ratio legis of special recidivism in the Polish penal legislation. If, however, when aplying this provision, the courts prefer the conditions related to the most recent act of the offender, this mignt be an indication of their different attitude towards the aim of punishment in the case of the discussed category of offenders. The existence of such divergences between the conditions of application of Art 61 of the Penal Code as included in the law on the one hand, and those applied by the courts on the other hand  has been one of the hypotheses verified in the present study.  The study has been based on the examination of court records. All the accessible records of criminal cases (230) have been included in it, in which Sentences were passed with regard to multiple recidivists (under Art 60. para. 2  and Art. 61 in connection with Art. 60, para. 2 of the Penal Code) in the District Court of the city of Poznań in the years 1975-1981. The question arised whether this could be treated as an equivalent to a random sample of the national population of convicted multiple recidivists. As shown by a comparison of distributions in question are highly convergent. A questionnaire to investigate the ourt records consisted of 41 questions concerning the convicted recidivist, his previous offences and criminal record, his last offence and the content of the last sentence. The impact of a number of variables on the application of Art. 61 of the Penal Code, on the length  of the prison sentence and on the decision of commitment to a social readaptation centre has been analysed in succession. Conclusions from the study are as follows: 1. In the application of Art.61 of the Penal Code ,the predominating part is played by the conditions connected with the degree of socil danger of the act and with its legal label. The conditions connected with the person of the perpetrator seem to have a much smaller effect. The reason of this state of affairs may be seeked in the fact that the court is obligated by Art. 60, para.2 of the Penal Code to impose long-term penalties of deprivation or liberty regardless of the degree of social danger (seriousness) of the offence which may be trivial in particular cases. Therefore, it is not to be wondered at that in these cases the courts apply Art. 61 of the Penal Code so as to impose a lower or more lenient penalty in order to make it commeasurable with the offence. The following conditions have been found to exert the greatest influence on the length of sentences to deprivation of liberty under Art. 60, para. 2: firstly, the legal appraisal of the offence and the related content of the instructions for meting out punishment specified in Art. 60, para. 2 of the Penal Code, and secondly, the degree of social danger of the offence. The character of the offence and the appraisal of its social danger influence the sentence too, including the type of penalty, when Art. 61 of the Penal Code is applied by the court. This is probably a further result of following the same conditions already when deciding on the application of Art. 61 of the Penal Code. When adjudging the commitment of convicted persons to a social readaptation centre, the courst were guided by the conditions connected with intense symptoms of demoralization of these persons and with a previous application of various penal measures towards them; thus the conditions were formally the same as those to be found in the Penal Code. At the same time, conditions connected with the recently committed offence were left out of account here. One should be particularly careful when interpreting the findings in this case aS the decisions in question may be conditioned by the courts' various attitudes towards the practical functioning of the centers, and by different purposes of their adjudgement in definite cases. The length of the perod for which commitment to a social readaptation centre was adjudged has appeared to increase with the length of the sentence to deprivation of libety. Admittedly, outright conclusions as to the need for amendments of the provisions of the Penal Code in its part concerning recidivists do not follow immediately from the findings of the present study. These findings have. however, demonstrated the degree to which the instructions for meting out, punishment specified in Art. 60, para. 2 of the Penal Code sever the relation between the offence and punishment, as  well as the fact that the corrective function of punishment imposed upon multiple recidivists - officially assumed by the legislator-has a fictious character in practice. In consequence, Art. 61 of the Penal Code is used in discord with its purpose; it is applied to adjust the adjudicated punishment to the seriousness of the offence committed.
Źródło:
Archiwum Kryminologii; 1986, XIII; 109-139
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Polska myśl kryminologiczna od schyłku XIX w. do 1939 r.
The Polish Criminological Thought from the Close of the 19th Century till 1939
Autorzy:
Nelken, Jan
Powiązania:
https://bibliotekanauki.pl/articles/699220.pdf
Data publikacji:
1986
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
prawo karne
historia
filozofia
szkoła antropologiczna
psychopatia
socjologia
osobowość
przestępca
polityka kryminalna
criminology
criminal law
history
philosophy
anthropological school
psychopaty
sociology
personality
criminal
criminal policy
polish criminological thought
Opis:
Both the anthropological school of Lombroso, established in the late half of the 19th century, and the sociological school established by Ferri and other criminologists ( Liszt, Prins, van Hammel, Tarde) met with a keen interest in Poland. However, the anthropological school was criticized, as it was the case in other countries too, both by the classical school of penal law, and from the sociological point of view. A critical analysis of the views of Lombroso and his successors was made by the leading representative of the classical school of penal law in Poland in those days Krzymuski who  postulated that recognition of the individual’s free will to be condition of his penal liability, Krzymuski opposed free will to be conception of a born criminal propagated by Lombroso. Lombroso’s theory was also criticized by  Krzywicki, a sociologist and anthropologist who considered the former’s  approach towards the conditions of crime to be too narrow, leaving out of account those resulting from the social and economic conditions. On the other  hand, Polish criminologists considered it to be Lombroso’s unquestionable merit that he had called attention to the necessity of studying the offender's personality, and in this way initiated the modern criminology. Opinions of various sociological schools were discussed in the Polish literature and accepted by the majority of authors starting from the close of the 19th century. In particular, the most accepted one was the opinion that offence is a result of both individual and social factors, and the aim of punishment meted out by the court should be not only to deter. the perpetrator from committing offences, but also to reeducate him. Due to the fact that in the 19th-centuiy judicial practice the sentence depended on the extent of damage caused by the offender, it was emphasized in the Polish literature that punishment should take into consideration also the offender's individual features, as it is only then that it can fulfil its tasks (Stebelski). With the accepted division of offenders into professional and causal, the fact was stressed that - if the offender reveals a tendency to relapse into crime- the measures the society applies towards him should be more drastic since the society has to defend itself against incorrigible criminals in an effective way. Instead, more lenient measures should be applied towards causal offenders, such measures  being sufficient for their reeducation. In the period between the two world wars, criminology in Poland became a separate branch and extended its range; the establishment of the Polish Criminological Society in 1921 and of the Department of Criminology at the Free Polish University in 1922, later (I932) transformed into the Criminological Institute, contributed to this situation. The Polish criminology of that period faced the task of studying and defining in detail the basic factors of crime: individual (endogenous) and social (exogenous). This was related to the necessity to learn about the sources of crime with the aim of its effective control by means of preparing a Penal Code and properly shaping the criminal policy (Wróblewski). When studying the individual factors of crime, particular attention was paid to the psychopathic personality. Criminal psychopaths were believed to suffer from a pathological moral defect resulting from their underdevelopment in the sphere of emotions. It was stated that psychopaths who committed an offence should not be recognized as mentally irresponsible (Nelken). Psychopathy cannot be treated psychiatrically; on the other hand, intensified resocialization of the offender is necessary here, conditions for this treatment created during his prison term. At the same time, an adequate segregation of prisoners should be applied based on the psychopathological criterion (Łuniewski). The science of the offender's personality was called criminal biology; it dealt with the physical and mental structure of the offender. Criminal biology was to make use of the general anthropological, psychological and psychiatric data as well as those gathered by means of other clinical methods. Aimed at  gathering comprehensive data concerning the whole of the offender’s mental and physical properties, criminal biology should not confine itself to a mere specification of his various traits: it should also study their origin, methodically examining the development of these properties in the milieu in which the offender’s personality was formed. Thus the criminal-biological research must be made from the psychological and medical as well as sociological points of view. Particular importance was attached to detailed environmental research in the study of juvenile delinquents (Batawia). In the early Thirties, the Ministry of Justice initiated criminological- biological research in prisons. The research was carried out by special commissions with the use of a specially prepared comprehensive questionnaire . The greatest part was played by psychiatric and psychological examination. The  criminal-biological research in prisons was interrupted by the outbreak of the war. In connection with the criminogenic role of alcoholism, criminologists spoke for a considerable reduction of production and sale of spirits. Moreover, an opinion was expressed that a commission of an offence in the state of a normal (the so-called physiological) intoxication should not result in the recognition of the offender as mentally irresponsible. Only pathological intoxication may be considered from the point of view of irrespossibility. The offender should not avail himself of his intoxication as a mitigating circumstance (Nelken). The scientists opposed the introduction of compulsory sterilization which was to be applied toward persons whose children could inherit serious  pathological traits from them. The opposition had both scientific and humanistic grounds (Łuniewski, Nelken). Compulsory sterilization was not introduced. The main trend of the Polish criminology in the period between the wars corresponded with the sociological school which took into account the relationship between the endogenous (biological) and the exogenous (social) factors in the origins of crime. A vast majority of Polish criminologists opposed the conception of a “born criminal” put forward by Lombroso. Some of the Polish scholars of the period between the wars who used the term “criminal anthropology” (e.g. Rabinowicz), emphasized the evolution of this science which differed from the Lombroso’s doctrine, and postulated the social milieu as a factor be largely taken into consideration in the studies on the causes of crime. In the Polish criminology of those days, the stress was laid principally on criminal biology due to the fact that the internal factor is usually less  conspicuous and more difficult to prove than the external one in the etiology of crime. It was emphasized that not all of persons who  found themselves in unfavourable social conditions turned offenders (Neymark, Lemkin); therefore, the biological (somato psychological) factor determines the individual’s moral resistance to the unfavourable external conditions. On the other hand, also the social factor, in addition to the biological one, was included in the causes of crime, due to the considerable impact of living conditions on the human mind. The opinion was that - though the etiology of an offence is usually determined by a combination of the external and internal factors - in each case one should attempt to find out which of these factors prevailed in the origin of a given act; this should also be taken into account in the criminological prognosis. In general, the chance for correction is smaller in the case of an offender of the endogenous type who requires a more thorough and longer resocialization as compared with one of the exogenous type; this should be taken into account by the court when meting out punishment (Rabinowicz, Lemkin). The Polish  Penal Code of 1932 (in force till 1969) was an expression of the compromise between the classical school of penal law and the sociological school. In the code, many legal structures included in the General Part were formulated in accordance with the achievements of the science of penal law in its classical form; this concerns particularly the definition or the essence of crime and the principles of liability including that of subjectivism as responsibility for a culpable act. A compromising character was given in the code to meting out punishment which was conditioned not only  by the weight of the offence according to the classical principle of retribution and deterrence, but also by the offender's personality and the life he had led hitherto according to the instructions of the sociological school (Art. 54). The discussed code did not adopt from the Italian positivism the so-called ante-criminal prevention, i.e.. the application of sanctions towards an individual who has not committed any prohibited act yet. Also indeterminate sentences were not adopted in the Code in relation to penalties and not protective measures, as this would be contradictory to the principle of individualization of punishment. Under the influence of the sociological school the Code contained of a possibility of suspension of ęxceution of the penalty, and of its extraordinary rnitigation, as well as the release from prison before the expiration of term (separately regulated by the law of 1927-) and a possibility to mete out a more severe penalty in the case of recidivists. In addition to the medical security measures, which consisted in the commitment of the offender to a mental hospital and which the court could apply towards the persons guilty of acts committed in the state of mental irresponsibility or decreased responsibility, the code introduced - basing on the postulates of the sociological school-isolating security measures applied towards the offenders whose acts were connected with reluctance to work, and towards recidivists and professional as well as habitual criminals if their staying at liberty endangered the legal order. The isolating security measures were applied together with the penalty (not instead of it), the necessity of their application connected with the ‘’ state of danger", i.e. the perpetrator's probability of commission of further offences; in the criminological literature, subjective and state of objective criteria of the danger were distinguished (Strasman). According to Art. 84 of the  Penal Code, offenders of this type were  committed to a special institution  for at least 5 years, and the court decided after the termination of each such period whether it was necessary to prolong the commitment for the next five years. In the Penal Code of 1932, also the measures applied towards juvenile delinquents were divided into educational measures on the one hand, and commitment to a corrective institution on the other hand, depending  on the juvenile's age and of his possible discernment or lack there of when committing the forbiden act.
Źródło:
Archiwum Kryminologii; 1986, XIII; 223-260
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępczość i polityka karna sądów w Węgierskiej Republice Ludowej
Crime and the penal policy of courts in the Hungarian peoples republic
Autorzy:
Kubiak, Jacek R.
Powiązania:
https://bibliotekanauki.pl/articles/699255.pdf
Data publikacji:
1987
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
polityka karna
republika ludowa
przestępczość
ustawodawstwo
prawo karne
Węgry
orzecznictwo
gwałt
sądownictwo
pozbawienie wolności
grzywna
ludobójstwo
people's republic
criminality
legislation
criminal law
Hungary
certification
rape
judiciary
deprivation of liberty
fine
genocide
criminal policy
criminal Policy
Opis:
There is in Hungary a many years tradition. of gathering and publishing criminal statistics and its theoretical analysis. This tradition dates back to the early 19th century. In the modern days, it was discontinued in the years 1944-1956 only. However, in 1957, the publication of the basic data of criminal statistics in Statistical Yearbooks published by the central statistical Office was started anew. As shown by an analysis of the trends of the number of convictions of adults in the years 1944-1984 based on official sources, there is a high substantial changes in these trends with changes in the provisions of the penal law and to some extent in the socio-political climate. The following can thus be noticed: A very big number of convictions in the late fourties and early fifties (with the culminating point in 1952), accompanied by rapid drops in the years when amnesty laws were passed or new provisions of the penal law were introduced. A great drop in the number of convictions in 1956 and, 1957 which was related directly first of all to the course of events before and after October 23, 1956, and to the fact that a part of the jurisdiction of common courts of law was taken over by special courts of law was taken over by special courts the activity of which is not reflected in the analysed statistical data. A relative stabilization of the number of convictions in the years of gradual socio-political consolidation ( 1958-1962). A gradual increase in the number of convictions after the entering into force of the Penal Code of 1961 and its amendment of 1971. Accompanied by intermittent drops in the amnesty years and in the years when provisions that modified the Penal Code entered into force. An increase in the number of convictions after the entering into force of the Penal Code of 1978. The rate of convictions per 100,000 of the population in 1984 was 2'5 times higher than in 1952, but not much lower than the 1961 rate. The rise in crime in the recent years is also evident in the available data from the police and public prosecutor's statistics. The number of reported offences went up by one-third in the period 1965-1985 and has a constant upward trend. Among the offences reported most numerous are offences against property (about 60 per cent of all reported offences), traffic offences (about 12-13 per cent), offences against public order (hooliganism and parasitism in particular), and offences against person (about 7-8 per cent).  As compared with 1965, the number of burglaries was 3.5 times as big in the eighties, and the number of robberies - 7 . times. The number of traffic offences increased by over one-third as well. Also offences against person reveal a small upward trend, with the number of homicides being stable. However, the number of homicides in Hungary has for many years been considerably larger than the mean European figure (mean homicide rate per 100,000 of the population amounting to 3.8 in the years 1979--1983). The rise in crime concerned financial offences also (offences against the foreign currency exchange regulations, against customs regulations, tax offences) which are included in ,the group of offences against the national economy. The penal policy of the Hungarian courts has rather frequently been subject to spectacular transformations. In the early seventies, stabilization was achieved in this policy which manifested itself by a limited application of unconditional deprivation of liberty and by a broad use of fine and other measures not involving deprivation of liberty. However, the rise in crime in the eighties influenced a more frequent application of unconditional deprivation of liberty, which resulted in the growth of prison population. In 1979, the number of persons deprived of liberty amounted to 16,764 (157 per 100,000 of the population), while in 1984 the respective number was 21,884 (205 per 100.000 of the population). In Hungary, conditional suspension of the execution of the penalty of deprivation- of liberty is not as popular as in other European socialist countries. For every fifth convicted person, the execution of penalty is suspended. In 1973, the courts for the- first time passed a greater number of fines (48.8 per cent) than prison sentences (43.9 per cent). In the-following years, the share of fines in the structure of penalties even exceeded 50 per cent. However, after entering into force of the new Penal code, an unexpected drop in the number of fines took place things to the which was due among other fact that some of the  petty offences were removed from the Penal Code , and that a new penal measure without deprivation of liberty, i.e. probation, was introduced. In 1983, the share of fines dropped to 40 per cent of all sentences. The Hungarian courts were most reluctant to apply the penalty of corrective and educational work as soon as the penalty was introduced in 1950. For a dozen-odd years the share of this penalty in all penalties imposed never exceeded 10 per cent. After the 1961 Penal Code was introduced the penalty of corrective and educational work  showed an upward trend (up to 15,8 per cent in 1964), but later on started to fall up, to 4 per cent in 1983. In the years 1962 -1983. common courts sentenced 105 persons to death penalty, for qualified homicide in the vast majority of cases. Since 1968, this penalty has been applied exlusively towards the perpetrators of homicide. In 1984, the extent of reported crime in Hungary was similar to that found in Poland (1, 470 per 100,000 o0f the population); however, in Hungary the response to the rise in crime has been in general much more balanced and quiet.
Źródło:
Archiwum Kryminologii; 1987, XIV; 43-95
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Główne kierunki polityki karnej realizowanej przez kolegia do spraw wykroczeń w latach 1972–1989
The Main Directions of Penal Policy Pursued by Transgession Boards in the Years 1972–1989
Autorzy:
Szumski, Jerzy
Powiązania:
https://bibliotekanauki.pl/articles/698530.pdf
Data publikacji:
1993
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
polityka karna
środki karne
wykroczenia
penal policy
penal measures
contraventions
Opis:
The paper characterizes the evolution of penal policy with respect to per peetrators of transgressions, pursued in Poland by elected agencies attacbed to the state administration and called “transgression boards”. In the years 1972–1989, their decisions were supervised by the Minister of Internal Affairs. Most of the discussion, based on statistical materials, concerns changes in the structure and dynamics of penal measures applied by the boards. The measures have been defined as all legal reactions applicable upon the finding the perpetrator’s guilt. The present paper does not deal with all of those measures, though: for lack of statistical data, tukets imposed by the penal prosecution agencies and the possible reactions on part of those agencies if they renounce moving the case to the board for punishment according to the principle of  expediency of prosecution could not be discussed. Penal policy has been characterized against the background of amendments introduced in the period under analysis and of instructions issued by the Minister of Internal Affairs that shape the boards’ decisions. After 1982, such instructions usually aimed at aggravating repression. The statutory catalogue of penal measures contained in the transgressions code is relatively extensive. The most severe measure is detention which amounts to deprivation of liberty for up to 3 months. As stated in the code, it should be applied in exceptional cases only. In the first decade of validity of the code, detention was imposed in l–l.5 % of all decisions which meant the deprivation of liberty of 9,00–10,000 persons. It is therefore doubtful whether detention was indeed treated as an exceptional measure by practicians. In the next years, it was imposed much less often. The penalty of suspended detention played any role in the practice of transgression boards. As shown by studies, those who applied law  treated suspended detention as a separate penal measure to replace other measures not involving deprivation of liberty rather than a way of limiting the use of immediaste detention. Also disappointed were the  expectations related to another new measure, formally more severe than fine, that is limitation of liberty which was to “educate through work”. According to the legislators’ assumptions, that penalty was to  be the main alternative to detention; in practice, it was imposed rather often  (about 5% of all measures applied) but served mainly as a substitute for fine. The basic measure applied to perpetrators of transgressions was fine, imposed on 90% of cases of those punished by the boards. According to provisions of the Transgressions Code, though, a substitute penalty of detention can be imposed in the case of justified doubts as to the possibility of execution of fine. For this reason, it was found advisable in the present analysis to treat this form of fine as a measure different in quality from fine imposed without a substitute penalty which could in no case lead to imprisonment. Also research findings encouraged the treatment of these two kinds of fine as separate penal measures: the substitute penalty was treated in practice as a specific method of aggravating repression, and imposed in defiance with provisions of the Code. Owing to this approach it could be evidenced that the proportion of fines combined with the threat of deprivation of liberty (another measures designed as exceptional) went up rapidly in mid-1910s to become stabilized at about 20% of all decisions of the  transgression boards. The abuse of that measure, also designed as exceptional, was accompanied mainly by less frequent fines without a substitute penalty. At the same time, the proportion of the two most lenient measures, that is admonition and renouncement of inflicting punishment, went down regularly and amounted to a mere 2% of decisions despite the broad applications of those measures contained in the Code. This reflects the practicians’ tendency to use the aggravating legal solutions much more often than those which mitigate penalty; this led to increased repressiveness of penal policy. Beside the above-mentioned reactions, the Transgressions Code provides for a number of measures called additional penalties which are to accompany the principal ones. They can also be applied as self-standing measures in specific situations. Yet the agencies that apply law never availed themselves of this latter possibility. Instead, additional penalties were lavishly imposed (particularly the witholrawal it driving licence and the penalty of making the sentence publicly known) which led to accumulation of repressions suffered by the punished person. This is why the serious growth in the number of additional penalties, after the legal changes introduced in mid-l980s and instructions issued by the Minister of Internal Affairs in particular, was still another proof of the aggravation of penal policy with respect to perpertrators of transgressions. Characteristically, the Polish Transgressions Code combines the application of some of the non-custodical measures with the threat of deprivation of liberty in the case of failure in the execution of those measures. This concerns the above-mentioned fine but also, in definite conditions, the limitation of liberty and suspended detention. In practice, the threat of imprisonment was used very often, the total proportion of the three above measures becoming stabilized, after an initial growth, at about 20–25% of decisions which mainly resulted from excessive imposition of fines with a substitute penalty of detention. Most importantly, though, that threat was realized with respect to every fifth or sixth person in that group. As a result, the average of 20–25 thousand persons a year were imprisoned despite the fact that a measure not involving deprivation of liberty had originally been applied to them. A paradoxical situation arose where persons sentenced to the principal penalty of detention constituted a small percentage of those imprisoned by force of decisions of the transgression boards, while most served a substitute penalty due to a failure in the execution of the previously applied non-custodial measure. Still another expression of the growing repressiveness of penal policy was the greater and greater involved in the most frequently imposed penalty of fines in both of its forms: due to amendments of the Transgressions Code, the amound of fine went up a quicker pace than the average wages in socialized economy during most of the 1980s. A statutory solution concerning transgression that was most vehemently critized by the doctrine was the most limited judicial supervision over  decisions of the transgression boards. The appel instance were boards of  the second instance; only decisions imposing detention and limitation of liberty could be appealed against to the court. Thus judicial supervision concerned neither the substitute penalties which involved deprivation of liberty nor the most acute ban on driving motor vehicles. Meanwhile as shown by experimental findings, 6–15% of persons punished by the boards were acquitted by the court to which they complained, and a non-isolation measure was  substituted for deprivation of  liberty in over one-third of the cases. This shows that courts saw decisions of the boards not only as essentially defective but also as excessively repressive. This latter conclusion is rather symptomatic the fact considered that penal policy pursued by courts with respect to offenders was sewere, too. What has also to be stressed when characterizing the decisions in cases of transgressions is the frequent use of the statutory possibility of deciding in expedited proceedings and proceedings  by writ of payment. From the viewpoint of rational penal policy, that tendency deserves to be criticized as protection of the defendant’s basic processual guaranties suffers statutory limitation in those modes of procedure, and the speed and simplification of proceedings affect the individualization of punishment. Also of importance was the fact that the frequent decisions in expedited proceedings served as a specific form of aggravation of represion since – as shown by research findings – the penalties imposed in that mode were more severe than in the ordinary proceedings. Analysis of the evolution of decisions of the transgression boards has led to the conclusion that throughout the period under analysis, penal policy was regularly aggravated which was largely influenced by punitive instructions of the Minister of Internal Affairs. The only periods of mitigation of penalties were  the years 1981 and 1989: this resulted mainly from social conflicts and public opinion pressure on reduction of repressiveness of the penal system. For this reason, the 1989 amendment of the Transgression Code, forced by systemic changes, which deprived the Minister of Internal Affairs of his original control over decisions of the transgression boards and submitted all of those decisions to judical review brings the hope for liberalization and rationalization of penal policy in cases of transgressions.
Źródło:
Archiwum Kryminologii; 1993, XIX; 107-131
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Wyświetlanie 1-15 z 6604

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