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Tytuł:
Przestępstwa stwierdzone w latach 1970-1974 oraz osoby podejrzane o ich dokonanie
Offences cleared up in 1970-1974 and the persons suspected of them. Data based on police statistics
Autorzy:
Mościskier, Andrzej
Syzduł, Edward
Powiązania:
https://bibliotekanauki.pl/articles/699298.pdf
Data publikacji:
1976
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość
materiały statystyczne
statystyki policyjne
crime
statistic materials
police statistics
Opis:
The publication compiles data from police records on the offences cleared up in Poland in 1970-1974 and the persons suspected of them. In view of the legislation changes that have taken place in Poland in the meantime, a comparison of the data presented now with those of 1965- 1969 and published in volume five of the Archives of Criminology is very difficult. In Poland since 1970 a new Penal Code has been in force and since 1972 a Contravention Code. On the basis of the latter some petty offences (to which a theft of a property worth less than 500 zlotys was included) were recognized as petty misdemeanours.  
Źródło:
Archiwum Kryminologii; 1976, VII; 287-328
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:
Przestępczość i sprawcy przestępstw z użyciem agresji
Agressive Offences and their Perpetrators
Autorzy:
Wójcik, Dobrochna
Powiązania:
https://bibliotekanauki.pl/articles/698506.pdf
Data publikacji:
1991
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość
sprawcy przestępst
użycie agresji
statystyki sądowe
badania kryminologiczne
delinquency
perpetrators
aggressive offences
court statistics
criminological research
Opis:
The object of the paper is to show the trends of convictions for aggressive offences in Poland in the years 1972-1987 basing on court statistics, and to characterize this type of offences and their perpetrators. Moreover, basing on the findings of several Polish criminological studies, some of the factors have been indicated which may play an important part in the origin of aggressive offences. The main focus here is the problem of such offenders aggressiveness and their drinking habits, as the two factors are rather clearly connected with the discussed type of offences. Offences to be submitted to statistical analysis have been separated according to psychological and criminological criteria and not to the classification adopted in the Polish penal code. Thus only those offences from various chapters of the penal code have been taken into account where the facts of the given cases contained an explicit element of physical aggression against person or object, or of verbal aggression. Naturally, there is a great variety of acts which contain an element of aggression and are numbered among offences: they infringe different human values and interests from as vital as life and health to dignity, honour, or religious feelings. Also different is the seriousness of those acts (both misdemeanours and crimes being found among them), as well as the danger they create to the public weal, and the statutory penalties provided for them. Throughout the analysed period 1972–1987, the total number of convicted persons was relatively stable and amounted to the average of 150–160 thousand a year; it went down in 1977 and 1981–1984, only to increase again to the previous level in the years 1985–1987. Also the crime rate fluctuated similarly, amounting to 65–59 per 10,000, adult population, with the exception of 70.6 in 1972. In some years, the decrease of both the number of convictions and the crime rate can be explained with amnesty laws, while the increased number of convictions, in the years 1985–1987 resulted, among other things, from certain additional though temporary legal regulations introduced in that period (particularly from the Act  of 1985 on special criminal responsibility). In the period under analysis, the proportion of persons convicted for aggressive offences amounted to about 40 per cent of the total number of convictions. At the same time, starting from 1975, a certain slight downward trend in the proportion of such convictions can be found, to as low as 35-36 per cent in the years 1979–1980, followed by an increase to the previous level. A certain decrease in the extent of convictions for aggressive offences can be explained partly with demographic changes. In the period under analysis, despite the general increase of the population aged 17 and more (by 12.9 per cent),  the number of men aged 17–20 went down by about 35.5 per cent, and the same trend could be found in the case of men aged 21–24. It is a well-known fact that aggressive offences are committed mostly by young persons. Analysing the extent of aggressive offences from the point of view of the offenders’ sex and age, we find somewhat different trends in young adult as compared with adult men and women. Aggressive offences constitute about 60 per cent of all offences committed by young adult men, and 34–40 per cent of those of adult men. In the period under analysis, offences of this type committed by young adult men kept up the above level, fluctuations being greater in the case of adult men. In the structure of female crime, aggressive offences play a less significant role and constitute about 20 per cent in both age groups. There is also, as in the case of men, a distinct trend: stability of proportion of convictions of young adult women for such offences (about 20 per cent), and a distinct decrease in the case of adult women (from 23 to 12.6 per cent). Taking certain groups of offences as well as the separate acts into account, we find a considerable increase in the number of aggressive offences against property. It is determined mainly by the increase in the proportion of convictions for burglary and of particularly audacious larceny, and to a slight extent – for damage to property. Instead, proportions of convictions for robbery are rather stable. In the discussed period, robbery which contains an explicit element of aggression revealed no changes as regards the number of convictions: instead, upward trends could be found mainly in the case of burglary and of particularly audacious larceny where explicit aggressive traits can not always be found. Thus this finding corresponds but to some extent with the world trend. In the discussed period, a downward trend could be found as regards convictions for offences which involved physical and verbal aggression against person. Convictions for offences traditionally regarded as serious and dangerous for the public weal, such as murder or rape, remained at the same level, while those for bodily injury trended downwards. As has been mentioned above, the number of robberies, also included among serious offences, remained stable, the proportion of convictions for offences of this type arnong all convictions for aggressive acts being rathen low (murder, 0.5–07 per cent; rape, 2 per cent; robbery, 6.8 per cent). What should also be stressed is the decrease in convictions for participation in a brawl or battery, particularly in rural districts, and for assault on a public functionary or police officer, starting from 1978. Instead, convictions for physical or moral cruelty towards a family member maintain a rather high level with a slight upward trend. A regular increase it the number of convictions for that offence which dates from 1950s, is related to the trends in prosecuting and sentencing policy in family cases. The influence of the changes in criminal policy and legislation is also distinct in the case of convictions for violation of bodily inviolability, insult, and insult of a police officer which went down to begin with and then started increasing in numbers. The second part of the paper contains a discussion of the problem of conditions of aggressive crime. An attempt was made basing on the findings of criminological studies to answer the question whether most perpetrators of aggressive offences can be characterized as highly aggressive persons and excessive drinkers. The analysis concerned both the fact of repeated perpetration of aggressive offences, and the occurrence of aggressiveness as a permanent personality trait. As may be concluded from the studies of offences committed by different samples of young adults those in whose criminal career was at least one aggressive offence (c.g.) robbery, hooligan act, homicide) were more frequently than others convicted for aggressive offences. Thus the question should be answered whether most of the perpetrators of aggressive acts are characterized by distinct aggressiveness as a permanent personality trait. One can hardly suppose in this connection that a single aggressive offence might constitute a sufficient proof of the offendner’s aggressiveness. If, however one and the same person repeatedly commits aggressive offences, he might be an aggressive individual. A person has been defined as aggressive who reveals aggressive behaviour or a decidedly hostile attitude towards many persons in different situations. It has been found basing on psychological examination with the Buss- Durkee questionnaire and detailed data from interviews (which the authoress used to construct scales of aggressiveness), that most perpetrators of aggressive offences are characterized by a considerable aggressiveness as a relatively stable personality trait. Moreover, aggressiveness measured this way is a significantly less frequent characteristic of young adult offenders against property, and of non-delinquent youth. The above findings contribute but to some extent to the explanation of the nature of aggressive crime, as aggressiveness of offenders should be considered in connection with many other factors which exert a mutual influence on one another and jointly determine a criminal act in a given situation. In studies of various samples of aggressive offenders, their considerable excessive drinking was found. The issues under analysis included, among other things, the role of drinking in the origin of aggressive crime, alcohol’s direct as well as indirect influence on criminal behaviour taken into account. It was arqued that the offender’s intoxication plays a greater part in the origin of aggressive crime than of offences against property. Also the interdependence between aggressiveness and excessive drinking. As shown by the findings (among other things, of studies of young adult perpetrators or robbery and hooligan acts), excessive drinkers revealed intense aggressive behaviour significantly more often than those who did not drink excessively; moreover, such behaviour was found already at school which means that those persons were already aggressive as children, before they developed excessive drinking habits. Theorefore, their subsequent regular drinking could have been related to emotional instability with which also their aggressiveness was connected. They could have seeked relief of their emotional tension in excessive drinking. Also aggressive behaviour served to abreact that tension. To conclude, it should be stated that the perpetrators of aggressive acts, as opposed to those who commit mostly offences against property, are highly aggressive as a rule. Most of them also regularly drink excessively. Though they were not found to be significantly different in this respect from offenders on the whole, nevertheless alcohol no doubt plays an important part in most of their aggressive acts. In a given situation, their excessive drinking habits, intoxication at the moment of the act, or aggressiveness caused or intensified their already existing serious conflicts with the environment, influenced their distorted perception and interpretation of the reality, and facilitated an impulsive reaction to casual misunderstandings, and could therefore contribute to the emergence of aggressive acts qualified as offences.
Źródło:
Archiwum Kryminologii; 1991, XVII; 75-115
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Polityka stosowania kary konfiskaty mienia w PRL
Forfeiture of property. The policy of its imposition in Polish Peoples Republic
Autorzy:
Rzeplińska, Irena
Powiązania:
https://bibliotekanauki.pl/articles/698520.pdf
Data publikacji:
1992
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kara konfiskaty mienia
Polska Rzeczpospolita Ludowa (PRL)
statystyki sądowe
forfeiture of property
the Polish People's Republic 1944-1989
court statistics
Opis:
Fofeiture of property is the most severe of all penalties affecting property that have ever been  imposed in hisiory. It consists in the convicted offender’s property being taken over – wholly or in part – by the treasury. The paper deals with the history of this particular penalty in the criminal policy of Polish People’s Republic in the years 1944–1990. The penalty of forfeiture of property was not provided for in the 1932 penal code (which remained in force till December 31, 1969). It appeared in the legislation shortly before World War II, in the act of June 23, 1939 on special criminal responsibility for desertion to the enemy or abroad. Before the passing of the 1932 penal code, the codes of the partitioning powers had been in force in the Polish territories (as until the regaining of independence in 1918, Poland was partitioned by Russia, Austria and Germany). Also those codes did not provide for forfeiture of property. It was only the legislator of People’s Poland who introduced forfeiture of property as an additionar penalty and provided for its broad adjudication. The history of forfeiture of property in postwar Poland is analyzed divided into four stages which differ from one another due to significant changes in the  legislation. The changes reflected re-orientation of criminal policy in connection with a succession of political crises. The first such stage in the history of forfeiture of property were the years 1944–1958. The data discussed in the paper that concern this period are statistics of civilians convicted by military courts from the spring of l944 till April 30, 1955 (till which date in special cases provided for in statutes, civilians fell under the jurisdiction of military courts), and statistics of convictions by common courts till 1949. The second stage began with the passing of the act of June 18, 1959 on protection of social property. Stage three was initiated by the entering into force, on January 1, 1970, of the new penal code of April 19, 1969. The fourth and last stage began with the passing of the act of May 10, 1985 on special criminal  responsability and ended with the act of February 23, 1990 which derogated the penalty of forfeiture of property. The introduction of forfeiture of property as an additional penalty is characteristic of the earliest legislative acts of the new authorities of People’s Poland, imposed from without. Its broad application and obligatory character demonstrate the importance attached by those authorities to forfeiture as an element of political game against society. The first legal acts of the Polish Committee for National Liberaltion provided for that penalty: the decree of August 31, 1944 on statutory penalties for the Nazi was criminals, the decree of September 23, 1944 – Penal Code of the Polish Army, and the decree of October 30, 1944 on protection of State. One year later, the decree of November 11,1945 was passed on offences of particular danger in the period of reconstruction of State (which quashed the former wartime decree on protection of State). It was in turn replaced with a new one under the same title, passed on June 13, 1946. The Council of Ministers justified the new decree with the need for aggravation of penalties for all activities that disturbed internal peace, order, and safety, and impaired Poland’s international position. The decree piovided for particularly severe penalties for perpetration of, incitement to, and approval of fratricide; for membership of illegal organizations and terrorist groups; for distribution of illegal literature; for illegal possession of firearms; for helping the members of terrorist groups; and in some cases of failure to inform on an offence. (The decree was generally known as the small penal code – s.p.c.). As provided for in the decree, the additional penalty of forfeiture of property was obfigatory in two cases: sentence to death or to life imprisonment, and conviction for attempt with violence or membership of an armed union. It was optional in the case of sentence to a prison term (Art. 49 para 1 and 2 of the decree). The provisions of s.p.c. extended the application of forfeiture: the court could at ail times adjudicate forfeiture of the property not only of the convicted person himself but also of his spouse or familly members (this did not concern, though, the property such persons attained themselves, inherited, or acquired gift not donated by the convicted persons). Thus forfeiture could affect a very large group of actually innocent persons. Here the decree introduced group responsability for crime. In 1953, four decrees were passed; according to the people’s legislator, they aimed at protecting social property and the interests of buyers in commercial trade. Two of them, the decree of March 4, 1953 on protection of buyers in commercial trade and another one passed on that same date on increased protection of social property, provided for the possibility of forfeiture of the offender’s property wholly or in part. In that case, forfeiture was optional. Statistical data concerning the adjudication of forfeiture were gathered since 1949. Beginning from August 15, 1944, though, forfeiture of property was also adjudicated in cases of civilians convicted by military courts which had civilians in their jurisdiction by force of the decree of October 30, 1944 on protection of State. Military courts were competent to decide in cases of persons accused of offences specified in Art. Art. 85–88 and 101 – 103 of penal code of the Polish Army, in the decree on protection of State, and – the latter quashed – in s.p.c. The jurisdiction of military courts in cases of civilians was abolished in the act of April 5, 1955 on transfer to common courts of the former competence of military courts in cases of civilians, functionaries of public security agencies, the Civic Militaria and Prison Staff. Military courts retained their competence in cases of the specified categories of civilians accused of espionage (Art. 7 s.p.c.). The passing of that act was the first manifestation of a gradual abolition of the legal and judiciary terror. Convictions of civilians tried by military courts were two or three times more frequent than convictions of military service men. Starting from as early as the latter half of 1944, civilians were convicted for membership of illegal or delegalized organizations (mainly the former Home Army) and for illegal possession of firearms (70 per cent of all convictions). Aftcr 1952, the number of persons convicted for the latter went down; instead, more persons were convicted for banditry and failure to inform on an offence. Forfeiture of property was adjudicated in about 40 to 50 per cent of cases of civilians; it  accompanied sentences to long prison terms or to death, as well as another additional penalty: deprivation of public rights. It was imposed first of all on those who opposed the newly introduced political system, but also on chance perpetrators of what was called anti-State propagande. Common courts adjudicated forfeiture of property mainly for offences specified in two decrees: the one of August 31, 1944 on statutory penalties for Nazi war criminals, and the decree of June 28,1946 on criminal responsability for repudiation of Polish nationality during the 1939-1945 war. Over 90 per cent of all forfeiture were adjudicated in such cases. During the 1959–1969 decade, the additional penalty of forfeiture of property was imposed basing on special statutes. Two statutes were passed as a novelty which provided for forfeiture while aiming at special protection of the social property. They were: the act of January 21, 1958 on increased protection of social property, and the act of June 18, 1959 on criminal responsability for offences against social property. Nearly all forfeitures in that period were adjudicated for offences specified in the act of June 18, 1959, and the actual offence concerned was appropriation of social property in practically all cases. Convictions for the offences specified in the discussed statut constituted one-fifth of all convictions; most cases, however, concerned petty or not too serious offences where forfeiture was optional only. This is why that penalty was imposed rather seldom; there were realatively few acts for which it was obligatory. Forfeiture was also most seldom adjudicated by force of ther statutes. It amounted to 1,5–2,2 per cent of all additional penalties imposed. The new penal code passed on April 19, 1969 introduced forfeiture of property to its catalogue of additional penalties. Forfeiture of the whole or part of property was obligatory on the case of conviction for the following crimes: 1) against the basic political or economic interests of Polish People’s Republic: betrayal  of the fatherland, conspiracy against Polish People’s Republic, espionage, terrorism, sabotage, abuse of confidence in foreign relations, misinformation, participation in organized crime against the economy or foreign currency regulations; and 2) appropriation of social property of considerable value. Besides, the court could adjudicate forfeiture of property wholly or in part in the case of conviction of another crime committed for material profit. The code’s regulation of application of forfeiture was clearly copied from the earlier legislation: the s.p.c. and the acts that increased the protection of social property. During the fifteen years 1970–1984, forfeiture of property was among the least frequently imposed penalties and constituted from 1,2 to 3,3 per cent of all additional penalties. It accompagnied nearly exlusively the convictions for two types of offences: appropriation of social property of considerable value, and that same offence committed by a person who availed himself of the activity of a unit of socialized economy, and acted in conspiracy with others to the detriment of that unit, its customers or contractors. Convictions for these offences constituted about 1 per cent of all convictions for offences against property. The fourth and last period discussed are the years 1985–1990 when forfeiture was again adjudicated very often, as in the 1940’s – 1950’s, to be abolished completely in the end. The entire five-year period was characterized by changes in penal law, one completely opposing another: from extension of penalization and increase of repressiveness introduced by the acts of 1985 to liberalization in 1990. Two acts were passed bearing the same date – may 10, 1985: on changing some provisions of penal law and the law on transgressions, and on special criminal responsability (the so-called provisional act in force till June 30, 1988). They introduced significant changes in the range of application of forfeiture of property, making its adjudication possible, and for some time even obligatory, for common offences. In the discussed period, that penalty was imposed mainly for offences against property. Nearly a half of them were burglaries, and the victims were usually – in two-thirds of cases – natural persons. In the period of particular intensity of convictions – 1986–1987 – forfeiture accompanied 11–12 per cent of ail convictions, the proportion going down to a mere 0,1 per cent in 1989. The imposition of that penalty was extremely broad: consequently, forfeiture  was adjudicated in cases of quite petty offences where it was inappropriate and out of all proportion to the seriousness of the act and the guilt of the offender. This made the execution of forfeiture actually ineffective as it usually proved objectless in the case of petty common offenders. Forfeiture of property evolved in a way from was practically non-existence to emergence in special statutes and then in the penal code, to its special use in the criminal policy of the eighties when grounds well known from the past were given for its broader imposition: the need for severe penal repression towards offenders against property, to a complete abolition of that penalty in 1990. Forfeiture was extensively applied in the years 1949–1958 (when common courts adjudicated 1044, and military courts – 1538 forfeitures a year on the average). The next two periods were similar as to the number of forfeitures (503 and 513 respectively). The use of forfeiture was the broadest under the provisional statute (10,345 cases a year on the average). Forfeiture is no doubt one of the most severe penalties affecting property, or penalties in general, which is why it should have been adjudicated in exceptional cases only. Its use under the provisional statute in cases of ,,ordinary” offenders violated the principle of just punishment. On the other hand, forfeiture can hardly be called a just penalty anyway as it always affects not only the offender himself but also his family. The political changes in Poland made it possible to liberalize penal law and to remove the most unjust solutions it contained, the penalty of forfeiture of property included.
Źródło:
Archiwum Kryminologii; 1992, XVIII; 147-167
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępczość w Warszawie w 1992 r. (Analiza Statystyczna)
Crime in Warsaw in 1992 (Statistical Analysis)
Autorzy:
Gruszczyńska, Beata
Powiązania:
https://bibliotekanauki.pl/articles/699066.pdf
Data publikacji:
1994
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość
Warszawa
1992
analiza statystyczna
statystyki policyjne
delinquency
Warsaw
statistical analysis
police statistics
Opis:
This work contains a statistical analysis of crime in Warsaw in 1992 based on the data on crime recorded by the Warsaw Police Headquarters. Changes in the dynamics, structure, and spatial distribution of crime in the years 1988 to 1992 are shown in accordance with the city’s basic administrative division into 17 districts.Territorial differentiation of crime in areas subordinated to the separate police stations (47) is shown in figures and maps of rates and changes in crime in 1992 as compared to 1991. Separated because of their specific nature are typical big city areas, neighborhoods of railway stations and the airport, as well as suburbs.             Changes in crime recorded in Warsaw in 1989‒1992 were relatively much greater than those found on the national scale. An exception here was the year 1990 when a similar growth in the proportion of recorded offences took place both in Warsaw and Poland – by 64% and 61% respectively as compared 1989. After a rapid growth of recorded crime staring in 1989, a downward trend began in 1991 at a pace that was higher in Warsaw than all over Poland.             In 1992, the crime rate (mean numbers of offences recorded yearly per  100 thousand of the population of a given area) in Warsaw was 2.3 times higher than the national average which was a drop as compared to 1990 and 1991 when the indices were 2.7 and 2.6 respectively.             Changes in the extent of crime in the separate districts of Warsaw in 1989‒1992 have been depicted by chain indices of dynamics. The values of those indices manifest considerable differences in the changes in crime between the separate districts, and occurrence of opposing trends in succeeding years. The districts that had the greatest growth in crime in 1990 (Mokotów, Ochota, Praga Południe, Żoliborz) showed the greatest drop next year (1991). A similar trend could be found in 1992 in the districts of Praga Północ and Śródmieście (an increase, relatively high as compared to the other districts, followed by the greatest decrease). These findings may evidence both “displacement” of real crime, and the impact of other factors related to the activities of the police and public prosecutor’s office (in the spheres of both crime prevention and control, and the methods of recording offences).             As shown by analysis of the rates and structure of crime in the separate disricts of Warsaw, the different areas of the city are much differentiated in this repect. In 1991 and 1992, differentiation of the rates crime was three times higher as compared to 1990.             The highest crime rates could be found in Śródmieście – 10265.1, and Praga Północ – 6145.5; this resulted, among other things, from concentration of economic life and a high mobility of the population in those districts which stay busy for twenty-four hours a day. The lowest mean crime rates were found in Mokotów (3664). The next stage of statistical analysis of crime recorded by the police in Warsaw consists in the presentation of the territorial differentiation of crime in the areas of operation of the separate police stations. Differentiation of the crime  rates was very high, ranging from 1,700 offences per 100 thousand of the population recorded at the 3rd station to 27,559 recorded at the 17th station (in Śródmieście district). At the  same time, as was the case with crime analysed by city districts, a reverse trend of the changes in rates and intensity of crime could be found. In some areas which, admittedly, had the relatively lowest crime rates in 1992, there was a relatively high growth in crime as compared to 1991. In Śródmieście  district, despite the drop in crime in 1992 as compared to 1991 (which was the highest at the 17th station ‒ by 31% and the lowest at the 26th station – by 8%) the crime rates per 100 thousand of the population proved among the highest. This may confirm the thesis as to “displacement” of crime. On the  other hand, it may also result from different relations between the extent of real crime and that of recorded offences. What speaks for these latter conclusions are the results of regression and correlation analysis which manifest a significant correlation between the rates of recorded crime in general and offences against property: thefts of private property and breaking and entering of private buildings where the “dark numer” is high. Therefore, the distribution of crime in Warsaw is determined by offences against property where evaluation of the numer of  undetected offences is particularly difficult. As follows from the police data, the clearance rate of crime in Warsaw was differentiated according to both type and site of the offence. The highest mean clearance rate was found in Ochota district (27.5%), and the lowest in Praga Północ (16.3%). The probability of successful detection was highest with respect to traffic offences (0.93) and lowest in cases of breaking and entering (0.05). Clearance rate was highly differentiated (57%) in the case of car burglaries. The relatively highest probability of detection was found in Wola district (0.16), the lowest ‒ in Żoliborz (0.033) and Śródmieście  (0.038). The probability of detection of offences against persons in Warsaw in 1992 was about 0.6 (e.g. 60%), and against property – several per cent. The differentiation of both the dynamics and structure of crime in the separate districts of Warsaw and in areas of the separate police stations within the districts again confirms the thesis as to existence of areas that are particularly threatened with crime – the crime-generating areas. On the other hand, this differentiation suggests a large and indefinite numer of unrevealed or unrecorded offences. The present analysis, part of a study on the state of safety in Warsaw  initiated by the Superintendent of Warsaw Police and the Major of Warsaw,  confirmed the need for improving the data gathering system, securing the continuity of data, and the use of computer data carriers.
Źródło:
Archiwum Kryminologii; 1994, XX; 137-153
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Obraz przestępczości w Niemczech oraz w Polsce w okresie transformacji ustrojowej (wybrane aspekty)
Crime in Germany and Poland in the Period of Transformation (Selected aspects)
Autorzy:
Kury, Helmut
Krajewski, Krzysztof
Obergefell-Fuchs, Joachim
Powiązania:
https://bibliotekanauki.pl/articles/699163.pdf
Data publikacji:
1996
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość
Niemcy
Polska
okres transformacji ustrojowej
statystyki policyjne
delinquency
Germany
Polska
period of transformation
police statistics
Opis:
Among the negative side-effects of the fall of "Realsozialismus" in Central and Eastern Europe and the process of political, social and economic transformations initiated in 1989 there was a deterioration of internal safety in those countries. According to a popular opinion, this was manifested, among other things, by a growth - a rapid one in many instances - in the extent and intensity of crime, and also in negative changes of its structure which consisted in a particularly fast growth of tle most serious crime or emergence of its new and very dangerous forms, hitherto unknown in those countries. From this viewpoint, criminological literature in all those countries without exception has recently been presenting an extremely pessimistic picture of a growing threat of crime which can at any moment get out of control. As a consequence, fear of crime is growing in societies involved, and appeals can be heard more and more often from politicians that “law and order” be instituted. The present paper does not aim at negating either the growth of crime in post-Communist societies itself or the negative changes of the structure of crime. It is our aim first of all to compare the state of crime that follows from the two basic modern sources of information on this area, that is oflicial statistics of crime and victimization surveys, and to point to some related problems. The analysis is limited to two countries, Germany and Poland. Concerned in the former case is, of course, mainly analysis of phenomena found in the new federal lands of united Germany, that is the territory of former GDR, but also consequences of the union for the state of crime in Germany as a whole. One of the basic problems posed by analysis of extent, intensity and dynamics of reported crime, that is crime recorded in oflicial statistics in countries of Central and Eastern Europe, is reliability of statistical data from the period of “Realsozialismus” which serve as the point of departure of all comparisons. The growth in reported crime in the territory of former GDR has indeed been dramatic after 1990; yet the point of departure for comparisons involved here are GDR police statistics which showed the extent of reported crime as 10% of that in “old” FRG. Today, German criminologists agree that GDR crime statistics were regularly “improved” for ideological and political reasons, the real extent of crime being much higher there.             Similar problems can be found in Poland where a rapid growth in reported crime took place only once in principle, that is in 1990. Later on, the extent of reported crime became stabilized at the new level “established” in 1990. It is highly improbable that the impact of social and economic reform on crime in Poland was limited to a “big bang” in 1990 and then ceased. Also here, we dealt rather with a specific statistical artifact and not with a single rapid growth in the extent of crime. What also speaks for this thesis is the fact that crime used to be “under-recorded” in police statistics in Poland as well through a policy of extremely selective reception by the police of information about offenses. Abandonment of this practice after 1989 resulted in a serious growth of recorded crime. Appraising the dynamics of reported crime in Central and Eastern Europe, one should also bear it in mind that the growth in crime there not necessarily followed the breakdown of “Realsozialismus”. In many countries, former USSR in particular, the growth in crime actually preceded change. Also in recent years, Central and East-European statistics have by no means been showing a constant and rapid growth in reported crime. There were rather fluctuations (if quite rapid at times), followed by a recent downward trend in some of the countries involved. Still another important problem is comparison of the extent of reported crime in post-Communist and in developed Western societies. Discussing the “flood” of crime in Central and Eastern Europe, one tends to forget that in most cases, the actual extent of crime in the region is still much lower than in most countries of Western Europe. Comparison of the situation in Germany and Poland may serve as an example here. I ulated. As far as possible, the state of crime in post-Communist societies should also be appraised on the basis of sources other than the official statistics. Helpful here can be first of all data from victimization surveys, alas still a rarity in Central and Eastern Europe. Yet basing on available data for Germany and Poland (chiefly from the International Crime Survey of 1992) it can be stated that victimization surveys show an extent of real crime much higher than the one that follows from official statistical data. This means a very high dark number of crime in Poland and elsewhere in the region, caused probably by the people’s very low tendency to report facts of victimization to the police. At any rate, from data on victimization it follows that the extent of real crime in Poland is higher as compared to Germany. This is not to say, though, that crime in Poland “breaks all the records”. With some exceptions concerning chiefly offenses against property such as theft and pickpocketing, Poland has an average extent of crime judging by European “standards'” in this respect. Basing on data from victimization surveys, also the territorial differentiation of the extent of crime in Germany and Poland can be analyzed. The basic problem in Germany is the noticeable difference between southern and northern lands, the latter having a much higher extent of crime, and also the process of the new lands “catching up” with or even “outstripping” the old ones in this respect during the last five years. Quite distinct regularities can also be found in Poland; some of them are known from earlier literature. Thus first of all, there is a noticeably higher extent of crime in Western and Northern Territories of Poland and a low extent in Wielkopolska region. It is interesting to correlate those regularities with selected demographic and socio-economic data on individual regions of the two countries. In Germany, unfavorable values of those indices found in the north of “old” FRG and in former GDR are rather explicitly correlated with a higher extent of crime. In Poland where territorial differentiation of the indices is less distinct, some regularities in this respect can nevertheless be found, too. At the samo time it seems, though, that the extent of crime in Poland is the highest in regions where, due to specific local features, the social costs of reform are the greatest and most painful.
Źródło:
Archiwum Kryminologii; 1996, XXII; 7-41
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępczość w Rzeszowie w latach 1990-1995
Crime in Rzeszów in the Years 1990-1995
Autorzy:
Tuziak, Bożena
Powiązania:
https://bibliotekanauki.pl/articles/699140.pdf
Data publikacji:
1996
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość
Rzeszów
patologia społeczna
statystyki policyjne
badania kryminologiczne
1990-1995
delinquency
social pathology
police statistics
criminological research
Źródło:
Archiwum Kryminologii; 1996, XXII; 149-163
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Relacje pomiędzy projektowanymi Systemami Informacji Przestrzennej z systemem statystyki państwowej oraz katastrem nieruchomości po zmianie przepisów prawnych dotyczących katastru
Autorzy:
Czech, G.
Powiązania:
https://bibliotekanauki.pl/articles/131052.pdf
Data publikacji:
2001
Wydawca:
Stowarzyszenie Geodetów Polskich
Tematy:
System Informacji Przestrzennej
system statystyki państwowej
kataster nieruchomości
prawo
Spatial Information System
state statistics system
real estate cadastre
law
Opis:
W poniższym opracowaniu została przeprowadzona analiza przepisów prawnych dotyczących statystyki państwowej w oparciu o ustawą o statystyce państwowej i o przepisy pokrewne oraz zaproponowano koncepcją relacji między systemem informacji przestrzennej, katastrem a systemem statystyki publicznej.
Źródło:
Archiwum Fotogrametrii, Kartografii i Teledetekcji; 2001, 11; 2-19-2-24
2083-2214
2391-9477
Pojawia się w:
Archiwum Fotogrametrii, Kartografii i Teledetekcji
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Wybrane metody analizy cenzurowanych czasów zdatności produktów
Selected methods of analysis of censored lifetimes of goods
Autorzy:
Andrzejczak, Karol
Powiązania:
https://bibliotekanauki.pl/articles/905372.pdf
Data publikacji:
2002
Wydawca:
Uniwersytet Łódzki. Wydawnictwo Uniwersytetu Łódzkiego
Tematy:
czas zdatności
cenzurowanie
testowanie
regresja
intensywność uszkodzenia
statystyki
estymator
Statistica
Statgraphics
Opis:
The study of goods lifetimes, for various reasons, might be time-restricted. In such cases the so called censored observation might appear, for which the exact lifetimes are not known. We only might say that lifetimes of certain goods are longer than the monitoring time. The aim of this work is to describe selected methods of censored lifetimes analysis, comprising: - lifetime description, estimation of survival function, hazard function and probability density, - fitting distributions to lifetime data, - comparison of lifetimes for two or more lots of goods, - regression models. The described methods were at first developed and applied for medical and biological sciences. Nowadays, international conventions and regulations demand the application of statistical methods e.g. in quality control for the study of lifetime of certain goods. Moreover, statistical methods are frequently used as a tool in social sciences, economics and engineering, and also by managements ol various companies, especially insurance companies. The range of the statistical methods for censored data described in this work is limited to those present in statistical packages. Due to a rapid development o f statistical software we limit our methods to those present in the Survival Analysis module of STATISTICA, and such procedures like: Kaplan, Lifetab and Paramod of STATGRAPHICS.
Badanie czasu zdatności produktów, z różnych powodów, może być ograniczone w czasie. W takich przypadkach mogą pojawić się tzw. obserwacje cenzurowane, dla których nie są znane dokładne czasy zdatności. Można powiedzieć jedynie, że czasy zdatności pewnych produktów są większe od ich czasów monitorowania. Celem tej pracy jest przedstawienie wybranych metod analizy cenzurowanych czasów zdatności obejmujących: - opisywanie czasów zdatności; - estymację funkcji niezawodności, intensywności uszkodzenia oraz gęstości prawdopodobieństwa; - dopasowywanie do danych rozkładów zdatności; - porównywanie czasów zdatności dla dwóch lub większej liczby partii produktów; - modele regresji. Przedstawione metody początkowo były rozwijane i stosowane w naukach medycznych i biologicznych. Obecnie międzynarodowe konwencje i unormowania wymagają stosowania metod statystycznych, np. w kontroli jakości do badania czasu zdatności określonych produktów. Ponadto podane metody statystyczne są coraz częściej stosowanym narzędziem nie tylko w naukach społecznych, ekonomicznych czy inżynierskich, lecz również przez zarządzających firmami produkcyjnymi i usługowymi, szczególnie zaś przez zarządzających firmami ubezpieczeniowymi. Zakres przedstawionych w tej pracy metod statystycznych, dotyczących danych cenzurowanych, jest ograniczony do tych, które są już dostępne w pakietach statystycznych i można je stosować z wykorzystaniem technik komputerowych. Ze względu na szybki rozwój i rozpowszechnianie oprogramowania specjalistycznego ograniczamy się do tych metod statystycznych, które są dostępne w module „Analiza przeżycia i regresja dla danych uciętych” pakietu STATISTICA oraz procedur „Kaplan”, „Lifetab” i „Paramod” pakietu STATGRAPH1CS. Prezentowane w tej pracy metody można zastosować do podstawowego problemu poznawczego w badaniach inżynierskich dotyczących analizy cenzurowanych czasów zdatności, jakim jest rozstrzygnięcie - czy pewne zmienne towarzyszące wpływają na czas zdatności badanego produktu. Metody te są oparte na konstrukcji modelu regresji, w którym czas zdatności ma rozkład zależny od innych zmiennych.
Źródło:
Acta Universitatis Lodziensis. Folia Oeconomica; 2002, 156
0208-6018
2353-7663
Pojawia się w:
Acta Universitatis Lodziensis. Folia Oeconomica
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Skazani recydywiści w Polsce w okresie transformacji w świetle danych statystycznych
Recidivists Convicted in Poland in the Transition Period, in the Light of Statistical Data
Autorzy:
Szymanowski, Teodor
Powiązania:
https://bibliotekanauki.pl/articles/698795.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
recydywiści
recydywa przestępcza
recydywa penitencjarna
przestępstwa
statystyki więzienne
statystyki sądowe
recidivists
multiple relapse into crime
offences
court convictions statistics
prison statistics
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 739-761
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Polish phoneme statistics obtained on large set of written texts
Statystyki polskich fonemów uzyskane z dużych zbiorów tekstów
Autorzy:
Ziółko, B.
Gałka, J.
Ziółko, M.
Powiązania:
https://bibliotekanauki.pl/articles/305639.pdf
Data publikacji:
2009
Wydawca:
Akademia Górniczo-Hutnicza im. Stanisława Staszica w Krakowie. Wydawnictwo AGH
Tematy:
przetwarzanie języka naturalnego
statystyki głosek
przetwarzanie mowy
NLP
triphone statistics
speech processing
Polish
Opis:
The phonetical statistics were collected from several Polish corpora. The paper is a summary of the data which are phoneme n-grams and some phenomena in the statistics. Triphone statistics apply context-dependent speech units which have an important role in speech recognition systems and were never calculated for a large set of Polish written texts. The standard phonetic alphabet for Polish, SAMPA, and methods of providing phonetic transcriptions are described.
W niniejszej pracy zaprezentowano opis statystyk głosek języka polskiego zebranych z dużej liczby tekstów. Triady głosek pełnią istotną rolę w rozpoznawaniu mowy. Omówiono obserwacje dotyczące zebranych statystyk i przedstawiono listy najpopularniejszych elementów.
Źródło:
Computer Science; 2009, 10; 97-106
1508-2806
2300-7036
Pojawia się w:
Computer Science
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Badania metody opracowania losowych obserwacji na podstawie równoległego ich porównania z zestawem obserwacji referencyjnych
Investigations of the method for processing the random observations based on their parallel comparison with a set of the reference observations
Autorzy:
Dorozhovets, M.
Powiązania:
https://bibliotekanauki.pl/articles/158183.pdf
Data publikacji:
2010
Wydawca:
Stowarzyszenie Inżynierów i Techników Mechaników Polskich
Tematy:
opracowanie
obserwacje
obserwacja referencyjne
statystyki pozycyjne
processing
observations
reference
order statistics
reference samples
measurement result
Opis:
W artykule zbadano metodę statystycznego opracowania losowych nieskorelowanych obserwacji o nieznanych a priori rozkładach prawdopodobieństwa (RP). Metoda polega na równoległym porównaniu uporządkowanych obserwacji z zestawem obserwacji referencyjnych, którymi są wartości przeciętne losowych statystyk pozycyjnych odpowiadających wybranym RP. Przedstawione są wyniki badań metodą Monte-Carlo skuteczności zaproponowanych algorytmów obliczania wyniku pomiaru. Metoda zapewnia mniejsza standardową niepewność wyniku pomiaru w porównaniu z niepewnością wartości średniej.
In the paper the method for statistical processing of random uncorrelated observations of unknown a priori probability density distribution (PDD) of the population is investigated. The method is based on parallel comparison by the weighted least squares method ((1), Fig. 2) of the sorted input observations with the collection of the so-called reference observations (Fig. 1) which are the expected values of order statistics, that correspond to the specified PDD. The results of comparison are the estimators of the location ž (measurement result) and width ? parameters (1) of the input observations. The analysis of the residual sums of squares (RSS) (5, Fig. 3) deviations of the input from the all set reference observations is used for determining the best measurement result. The measurement result according to algorithm A1 is based on determination of the minimum value of all RSS (6, Fig. 3), (7) and according to the algorithm A2 the result is calculated as the weighted mean from all results (8), (9). In this case the weight coefficients are proportional to the inverse values of appropriate RSS. The efficiency of both algorithms is investigated by the Monte-Carlo method. It has been stated that algorithm A1 provides the best (after standard deviation) measurement result if the input observations are obtained from population whose PDD is also used for forming the reference observations (Figs. 4, 5). If the input observations are obtained from population whose PDD is not used for forming the reference observations, then algorithm A2 provides the best results. And both algorithms ensure better measurement results in comparison with the average value (Figs. 4, 5).
Źródło:
Pomiary Automatyka Kontrola; 2010, R. 56, nr 10, 10; 1201-1204
0032-4140
Pojawia się w:
Pomiary Automatyka Kontrola
Dostawca treści:
Biblioteka Nauki
Artykuł

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