Temat: criminal statistics - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: The unspoken phenomenon: Forced labour in Hungary
Przemilczane zjawisko: praca przymusowa na Węgrzech
Autorzy:: Windt, Szandra
Powiązania:: https://bibliotekanauki.pl/articles/1375676.pdf
Data publikacji:: 2021-05-27
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: praca przymusowa
wykorzystanie
statystyki przestępczości
ofiary
forced labour
exploitation
criminal statistics
victims
Opis:: According to official criminal statistics, a total of 36 registered forced labour crimes were committed in Hungary between 2013 and 2019. Forced labour (Section 193 of the Criminal Code) was a separate statutory element in Hungary between July 1, 2013 and June 30, 2020. In 2019, nearly 40 forced labour cases were analysed, the sociological and criminological characteristics of which are summarised and shown in this article following the statistical review. Based on the cases we examined, it can be said that the victim has alcohol problems, is homeless and unemployed, is in extremely poor health condition, has a low intellectual level and is elderly. In terms of their gender, there was a significant number of men among the victims of forced labour. Victims of forced labour and those crimes that were committed against them are even more hidden, even more difficult to detect and to prove than are acts of sexual exploitation. These people are a ‘hidden population’, statuses such as ‘subtenants’ or ‘accepted relatives’ obviously do not reveal the real situation to police officers arriving on the scene. It is possible that this situation prevails for years and is not brought to the authorities.
According to official criminal statistics, a total of 36 registered forced labour crimes were committed in Hungary between 2013 and 2019. Forced labour (Section 193 of the Criminal Code) was a separate statutory element in Hungary between July 1, 2013 and June 30, 2020. In 2019, nearly 40 forced labour cases were analysed, the sociological and criminological characteristics of which are summarised and shown in this article following the statistical review. Based on the cases we examined, it can be said that the victim has alcohol problems, is homeless and unemployed, is in extremely poor health condition, has a low intellectual level and is elderly. In terms of their gender, there was a significant number of men among the victims of forced labour. Victims of forced labour and those crimes that were committed against them are even more hidden, even more difficult to detect and to prove than are acts of sexual exploitation. These people are a ‘hidden population’, statuses such as ‘subtenants’ or ‘accepted relatives’ obviously do not reveal the real situation to police officers arriving on the scene. It is possible that this situation prevails for years and is not brought to the authorities. Jak podają oficjalne statystyki dotyczące przestępczości, w latach 2013-2016 na Węgrzech zarejestrowano 36 przestępstw związanych z pracą przymusową. W okresie od 1 lipca 2013 r. do 30 czerwca 2020 r. czyn ten był odrębnym przestępstwem uregulowanym w art. 193 węgierskiego kodeksu karnego. W niniejszym artykule zostały przedstawione wyniki przeprowadzonych analiz – statystycznej, jak i socjologiczno-kryminologicznej dotyczącej charakterystyki 40 przypadków ofiar pracy przymusowej. Na ich podstawie można stwierdzić, że ofiary tego rodzaju przestępstwa to osoby mające problem z alkoholem, bezdomne, bezrobotne, których stan zdrowia można określić jako zły, a poziom intelektualny jako niski. Zwykle to osoby w podeszłym wieku. Wśród ofiar przeważają mężczyźni. Ofiary pracy przymusowej trudno jest zidentyfikować, a popełnione przeciwko nim przestępstwa trudno wykryć. Jest to jeszcze trudniejsze niż w przypadku przestępstwa wykorzystania seksualnego. Ofiary pracy przymusowej stanowią bowiem „ukrytą” grupę. O ich faktycznej sytuacji trudno dowiedzieć się choćby funkcjonariuszom policji w trakcie interwencji na miejscu zdarzenia, a to z uwagi na fakt, że ofiary przedstawia się jako dalekich krewnych lub osoby podnajmujące mieszkanie. Niewykluczone, że sytuacje takie trwają wiele lat, a informacje o nich nie docierają do władz.
Źródło:: Archiwum Kryminologii; 2021, XLIII/1; 119-141
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Rozbój i sprawcy rozboju
Robbery and its perpetrators
Autorzy:: Łukaszewicz, Zdzisław
Szymanowski, Teodor
Powiązania:: https://bibliotekanauki.pl/articles/699184.pdf
Data publikacji:: 1960
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: rozbój
sprawcy rozboju
badania
Polska
statystyka kryminalna
napad rabunkowy
miasta
wsie
robbery
perpetrators of robbery
research
Polska
criminal statistics
cities
villages
police statistics
villges
Opis:: In the period immediately following the end robberies of the hostilities the number of recorded in polish police statistics was very high. In 1945 there were 26 471 robberies recorded, and 23 987 in 1946. As from 1947 onwards that number underwent a visible and considerable decrease, which found its expression in the figures of 10 231, 5224, 3018 and 2089 for the years 1947, 1948, 1949 and 1950 respectively. In later years, beginning with 1955, an increase in the number of robberies was once more recorded; that number reached the figure of 3185 in 1957. The coefficient of robberies (as per 100 000 of the inhabitants) amounted to 7.6 in 1954 and to 8.9 in 1958. The highest coefficients were recorded in the capital city of Warsaw, in Łódź, the second largest city in the country, in the voivodeship of Katowice and in the western voivodeships, consequently in industrial regions and areas with large numbers of inhabitants who had immigrated there from other parts of the country. While, in 1958, this coefficient for rural areas amounted to 4.6, in the cities and towns it was as high as 13.8, in cities of more than 200 000 inhabitants the same coefficient amounted to as much as 21.3. It ought to be noted that in the immediate post-war period, i.e. the years 1945 to 1946 the largest number of robberies were committed in rural areas, and a very big percentage of them consisted in armed robberies, committed by bands armed with firearms. By 1958 robberies committed arms in hand constituted a mere 10.4 per cent of the total number. The number of robberies involving manslaughter amounted to an average of 50 yearly in the years 1954 to 1958. Below we shall discuss the results of the examination of 302 judicial records concerning 474 perpetrators of robbery convicted in 1955; such examination has been undertaken in order to find out what robberies in recent period looked like and out of what kind of offenders their perpetrators were recruited. Investigation has comprised 63 per cent of all the persons convicted of robbery in 1955 by all the courts in the country; the rack of any selection in collecting such records allows us to treat the material collected as representative for robbery in Poland in this period. Our materials comprised 94.1 per cent of men and 5.9 per cent of women. 36.2 per cent of the perpetrators acted singly, 34.7 per cent of them - in twos, 17.3 per cent - in threes, and only 11.8 per cent in larger groups. 32,4 per cent of all the robberies were committed in the countryside, and 67.6 per cent of them - in the cities and towns, an overwhelming majority of them in cities of above 100 000 inhabitants. The perpetrators of robbery are, as a rule, young people: 69.5 per cent of those convicted of robbery were below 26 years of age. Only 13.2 per cent of the perpetrators were over 30. 78.3 per cent of the convicts lived in the cities and towns, 21.7 per cent of them - in the countryside; part of the offenders who now live in towns recruit from the rural population recently arrived in the towns. Part of the robberies in rural areas were perpetrated by persons recently living in towns, and who went to the country in order to perpetrate a robbery. Nearly all those convicted of robbery who lived in cities and towns figure in the records as workers (95.7 per cent of them), but 50 per cent of the perpetrators of robbery did not work in the period immediately preceding the commission of robbery. As far as the convicts who lived in the country are concerned, only 17.5 per cent of them have been recorded as farmers, while 77.7 per cent said they were workers. The percentage of non-working persons is high, as it amounts to 37.8 per cent. The perpetrators of robbery have had plenty of criminal experience behind them. In spite of the lack of complete data covering the period up to 17 years of age it appears that out of 474 perpetrators of robbery 320 had already committed at least one criminal offence in the past. The percentage of recidivism in this sense of the word consequently amounts to 67.5 per cent. The data concerning the criminal past of these 320 offenders present the following picture: 60.3 per cent of those convicted of robbery had committed one or two offences in the past, 20.6 per cent - three or four offences, 19.1 per cent - five or more offences. When we analyze the kinds of offences previously committed by the 320 recidivists, we are in a position to select the following groups among them: a) 22.3 per cent of the recidivists had already committed robberies in the past, along with other offences, which, as a rule, were thefts; b) 42 per cent of the recidivists had committed only thefts in the past; c) 10.6 per cent of them committed mostly thefts, but also offences against authorities and offices, as weII as injury to the body (acting from hooligan motives); d) 14.8 per cent committed almost exclusively offences of a hooligan character; e) 10.8 per cent of the recidivists committed various other offenses, not previously enumerated. As can be seen from the above, the criminal past of the perpetrators of robbery is far from uniform, while with the majority dominate of the recidivists there, offences against property, nearly all of them thefts (74 per cent). A very large majority of the recidivists were town-dwellers (84.5 per cent), 58.6 per cent of the recidivists were under 26 years of age, but the share of recidivists among the perpetrators of robbery increases in the older age groups. Among the convicts aged from 26 to 30 years there were 70.7 per cent of recidivists, among those aged 31 to 40 years – 75.5 per cent of recidivists. Thus the majority of the older perpetrators of robbery consists of recidivists. Very essential are the differences which occur between the robberies committed in the towns and those committed in rural areas. A typical town robbery is perpetrated with the use of violence (86 per cent), which, as a rule, boils down to the aggressor beating up his victim. The place where robberies take place are, in 56 per cent of the cases, streets, squares and parks, in 12.4 per cent of the cases - suburban groves, fields while it only in exceptional cases that we have to do with assaults with the purpose of robbery at home (6.6 per cent), just like robberies of shops (7.1 per cent). On the other hand, robbery in the countryside is done with using violence (beating up) only in 46 per cent of the cases, and in 54 per cent of the cases with the use of threats, frequently supported with a show of weapons or mock-revolvers. The place where robberies are committed are roads, fields and forests in 52 per cent of the cases, and the dwelling or croft of the victim in 33 per cent. The value of the loss sustained by the victim did not exceed 500 zlotys in 37 per cent of the cases in towns and 30 per cent of the cases in the countryside. Robberies in which the victims sustained big losses exceeding 5000 zlotys amounted to only 7.1 per cent in the towns and to 22.6 per cent in the countryside. It should be added that in the robberies involving the use of violence (73 per cent of the total number of robberies) it was only in 22 per cent of the cases, both in town and country, that the victims sustained more serious bodily harm, which caused serious injury of the body. In the remaining cases we have to do with beating up, causing only sight injury of the body, or even merely an infringement of bodily inviolability. As for the towns, special attention is deserved by the numerous category of robberies on passers-by (55.4 per cent of the total) perpetrated, without any previous planning, in the streets, in the evening or at night, as a rule, by young men in a state of ebriety, 61 per cent of whom had already been punished by the law-courts previously. An interesting fact is that, in the towns, really only one-third of the robberies comprised by the material under investigation can be described as having previously planned and prepared. For, indeed, with, part of the robberies classified as the planned ones we have to do with offenders with whom the intention of committing offence has arisen in special circumstances, after having met a drunken individual in a restaurant. After thus striking acquaintance and, usually, a common consumption of alcohol such offenders entice their victim to some out-of-the-way place (frequently with the participation of women), where, after severely beating up their victim, they rob him of money, watch, etc. Among such offenders there is also a very large percentage of recidivists, as well as of young individuals who systematically abuse alcohol. Research on robbery brings to light the importance of the problem of young adult delinquents. 69.5 per cent of the perpetrators of robbery are below 25 years of age. The majority of them are recidivists who, in spite of their youth, mix with a criminal environment and refuse to do any work. The remaining ones, who constitute about 40 per cent of the total number, are to be sure, individuals not previously punished by the law-courts and seemingly leading a normal life, but highly demoralized, with a clearly hooligan attitude; all of them systematically abuse alcohol. With regard to such juvenile offenders it is indispensable to apply a special penitentiary policy, based on Borstal principles.
Źródło:: Archiwum Kryminologii; 1960, I; 215-239
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 3.

Tytuł:: Przestępczość narkotykowa w Polsce w latach 1985-1996 w świetle danych statystyki policyjnej i sądowej
Drug Crime in Poland 1985-1996 in the Light of Police and Court Statistics
Autorzy:: Krajewski, Krzysztof
Powiązania:: https://bibliotekanauki.pl/articles/698937.pdf
Data publikacji:: 2000
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość
narkotyki
statystyka
prawo karne
criminality
narcotics
statistics
criminal law
Opis:: In many countries of Western Europe, and of Northern America in particular, drug crime is a most serious problem both in the quantitative and the qualitative terms. This means that oflences of this type engage a considerable portion of the forces and means put at the disposal of law enforcement and criminal justice in those countries. Against this background, the question arises about the recent situation in this respect in Poland. The problem is that for many years after World War II, drug addiction was a problem of minor importance, also from the viewpoint of the police and courts. It was only in the latter half of the seventies, that a considerable drug subculture emerged in Poland, which resulted from propagation of homemade Polish heroin. And yet there was in Poland no "real'' black drug market or the division into dealers and consumers, as the addicts usually manufactured Polish heroin for themselves. Bigger changes only took place in the nineties, when Poland became a significant manufacturer of amphetamine for Western markets and an important transit country, especially for heroin smugglers from the so-called Balkan route. What remains unclear, instead, is the impact of those phenomena on the internal drug market. The extent of opiates subculture does not seem to have grown considerably, and Polish heroin still plevails, the "real" one being too expensive. What did go up, and significantly at that, is consumption of other drugs, especially amphetamine and marihuana. Yet against the general "moral panic" related to amphetamine, few epidemiology surveys indicate the greatest popularity of marihuana and not amphetamine among the school youth. The analysis discussed in the present paper aims first and foremost at answering the question as to the extent to which the above changes in drug addiction and traffic have been reflected in the functioning of law enforcement and criminal justice in Poland. To this aim, analyzed in the first place have been data on detected drug offences from police statistics, as well as date on convictions for such offences from court statistics. Basically, the analysis concerns the years 1985-1996 when the 1985 Drug Control Act was in force. With respect to the police statistics, analyzed have also been data for 1991-1998, that is the period of operation of the new 1997 Act. The major findings of my analysis can be summarized as follows. First and foremost, it has to be stated that in quantitative terms, the role of drug crime in the daily practice of law enforcement and criminal justice agencies in Poland in 1985-1996 was in fact of minor importance. Thus both detected drug offences shown in police statistics and convictions for such offences shown in court statistics constituted less than 1% of all offences and convictions as a rule. Admittedly, at the end of the discussed period, an upward trend in drug crime could be noticed in the police statistics in particular, and thus in the overall structure of crime; yet its extent is still much smaller compared to most West-European countries. The question remains largely open to what extent the growth in detected drug crime, particularly noticeable starting from 1994, results from an actual growth in the number of offences, as it may well result also from the Polish police forces' growing efficiency in detecting offences of this type. In 1985-1996, there was in Poland a most specific structure of drug crime. Thus two offences prevailed in the structure of both detected offences shown in police statistics and convictions contained in court statistics: illegal cultivation of poppy and illegal manufacture or processing of narcotic drugs. In some years, the two offences together accounted for over 80% of the bulk of drug crime registered by the police, and for even a greater proportion - up to 90% - of all convictions for such offences. Instead, the share in the overall structure of drug crime in Poland of such "classical'' offences as smuggling, trafficking and dealing in drugs was at the minimum level until 1994. It was only after that year that the proportion started to grow: by 1998, the structure was reversed with 65% of all offences detected that year being cases of dealing in drugs. So far, however, this shift is hardly reflected in the structure of convictions for such offences, which remains largely unchanged compared to previous years. This may demonstrate the Polish police forces' much greater efficiency in detecting drug dealers combined with persisting faults in the area of gathering evidence that would make it possible to indict specific persons in such cases. Another problem that can still be hardly called serious in Poland is punitive policy of courts with respect to drug offenders. Quite the contrary: there was a lot to indicate even in the eighties that the policy towards such offenders was even more liberal compared to the treatment received by other offenders. This was demonstrated by the role of fine as a selfstanding penalty, imposed much more often on drug offenders, and also by the more frequent staying of sentences. Of course, this situation resulted chiefly fiom the above-mentioned specific structure of the Polish drug crime. Traditionally prevailing among those guilty of the offence of illegal poppy cultivation were farmers, who whether intentionally ignored or were not aware of the limitations imposed on poppy cultivation by the 1985 Act. Among the illegal manufacturers of drugs, in turn, a considerable proportion were addicts who manufactured the Polish home-made heroin for themselves. Again, one can hardly speak of drug business in such cases. Most of the offenders were not profit-seekers. This means that under the 1985 Drug Control Act, Polish courts most seldom had to do with the "real" and "serious" drug crime - the long-established everyday routine of courts in most of the developed West-European and North-American countries where that crime absorbs a considerable portion of forces, means and energy of the local law enforcement. What is more, transformations of the Polish drug scene - reported by the police and the media - have so far been but slightly reflected in the work of Polish courts and in their penal policy. Again, the question remains open to what extent this situation might change over the next few years.
Źródło:: Archiwum Kryminologii; 2000, XXV; 81-121
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 4.

Tytuł:: Metody i zakres gromadzenia danych do statystyki policyjnej w II Rzeczypospolitej (1919–1934)
Methods and scope of the data collection to police statistics in the second Polish Republic (1919–1934)
Autorzy:: Kozdrowski, Stanisław
Powiązania:: https://bibliotekanauki.pl/articles/507220.pdf
Data publikacji:: 2017-05-21
Wydawca:: Akademia Pomorska w Słupsku
Tematy:: Policja Państwowa
policja kryminalna
przestępczość
statystyka policyjna
arkusz statystyczny
National Police
criminal police
crime
police statistics
the statistical sheet
Opis:: W Polsce międzywojennej główny ciężar walki z przestępczością spoczywał na barkach policji kryminalnej, która stanowiła jeden z pionów służbowych w strukturze Policji Państwowej, wyspecjalizowany do wykrywania i zwalczania przestępstw. Własną statystykę kryminalną w PP zaczęto tworzyć już w 1919 r., a następnie rozwijać w kolejnych koncepcjach. Autor niniejszego artykułu podjął próbę dokonania ogólnej charakterystyki systemów statystyki policyjnej, które funkcjonowały w latach: 1919–1934. Opisuje genezę tworzenia statystyki policyjnej dotyczącej przestępczości, strukturę i dynamikę ujawnionych przestępstw (i wykroczeń) w badanym okresie oraz metody gromadzenia danych statystycznych i zasady działania rozwiniętego systemu z 1922 r., w którym rejestrowano przestępstwa i inne zdarzenia przez 13 lat.
Despite the many flaws in the organization and activities of the national police, this does not change the fact that interwar Poland managed to organize an efficient police apparatus, which gave the public a sense of security and effectively combated social crime. The main burden of tasks relating to the detection and prosecution of criminal offences rested on the shoulders of the investigative services, which was established as a specialized division to fight crime. The first attempts to develop and implement police force crime statistics took place in 1919-1920. The basic sets were the daily reports of police officers from different units, initially with six districts (1919). Then statistical lists were improved and data was collected from all districts. A breakthrough in the organization of statistics came in 1922, which departed from "daily reports". Instead a detailed statistical sheet was used that did not change much for 13 years – to 1934, and subsequent changes occurred in 1935.
Źródło:: Studia nad Bezpieczeństwem; 2017, 2; 77-88
2543-7321
Pojawia się w:: Studia nad Bezpieczeństwem
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 5.

Tytuł:: Nieprawomocne orzeczenia sądów w sprawach karnych w świetle starego i nowego kodeksu karnego
Invalid judgments in criminal matters in the light of the ‘old’ and the new penal code
Autorzy:: Gruszczyńska, Beata
Marczewski, Marek
Powiązania:: https://bibliotekanauki.pl/articles/698931.pdf
Data publikacji:: 2000
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kodeks karny
orzeczenie nieprawomocne
statystyka
polityka karna
the Penal Code
statistics
criminal policy
judgement is not final
judgment is not final
Źródło:: Archiwum Kryminologii; 2000, XXV; 179-192
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 6.

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

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