Probacja最新文献

{"title":"Reflections on the functioning of the guardian ad litem appointed for a minor victim during a criminal trial: A prospects for change","authors":"Katarzyna Osiak-Krynicka, Mateusz Derdak","doi":"10.5604/01.3001.0015.9871","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9871","url":null,"abstract":"A minor as a victim cannot act independently in a criminal trial. In accordance with Article 51(1) of the Code of Criminal Procedure, the rights of the minor are represented by their statutory representatives, i.e. their parents (if the minor remains under their parental authority). If, however, the perpetrator of the crime against the child is the other parent or a spouse of the parent, the non-offending parent is excluded from representing the child. In this case, the guardianship court will appoint a guardian ad litem. The goal of this institution is to implement and safeguard the interests of the child during the criminal trial. In practice, however, it often happens that these guardians do not fulfil their duties in a way that guarantees the due protection of the minor. In extreme cases, they are not appointed at all or are appointed too late. While looking for a solution that would guarantee the proper protection of the rights of the minor, the Ministry of Justice presented a proposal for the introduction of the position of “helper” of a minor who is a victim. This publication is a detailed analysis of the institution of the guardian ad litem, and studies the validity of the introduction of an additional entity with the authority to defend the rights of an aggrieved child.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48783230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The idea of mutual recognition of probation decisions within the European Union from the perspective of the State and the convicted person","authors":"Alan Kosecki","doi":"10.5604/01.3001.0015.9667","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9667","url":null,"abstract":"In this paper the author addresses the issue of mutual recognition of probation decisions within the European Union from the perspective of the State and the convicted person. He characterizes the idea and general regulation of this aspect of cross-border cooperation in order to present the benefits and dangers of this institution for both entities. Through the analysis of legal acts, jurisprudence and reports on the practical application of these provisions, it points out the need for further development of international cooperation in criminal matters but also for changes in this area, putting forward the thesis that this institution is currently underestimated and underdeveloped in practical terms. The article contains a comprehensive characterization of both the formation of cooperation between European Union Member States in the area of mutual recognition of probation decisions and the principles on which it is based. It pays particular attention to the process of social resocialization and the influence of this institution on general and individual prevention. The analysis of the above issue will lead to postulates aimed at finding a remedy for at least some of the problems raised in the paper with the application of the institution in practice. The article is also a response to the accelerating process of globalization, the spreading of free movement of people within the European Union and the development trends of the Community, which implies a situation in which more and more crimes are committed by foreigners taking advantage of the openness of borders.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46644768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The obligatory research on the pupils’ sense of self-security in youth educational centers and youth socio-therapy centers – from the current law perspective","authors":"J. Siemionow","doi":"10.5604/01.3001.0015.9670","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9670","url":null,"abstract":"Youth social rehabilitation and socio-therapy centres are places for socially maladjusted adolescents aged between 12 and 19 who have special educational needs, require special interactions and therapy as well as suffer from behavioural and emotional disorders. The role of these institutions is to prepare young people for independent, creative and responsible life in non-institutional environment. The study of sense of self-security is one of the main obligatory tasks which should be performed minimum twice a year in each institution as regulated by the Polish law according to the Polish Ministry of Education and Science which administers all the centres. This study aims at recognizing how youth social rehabilitation centres and socio-therapy centres conduct the surveys connected with the sense of adolescents’ self-security when they are in residential care. The article presents the quantitative research with over ninety participants, which constitutes almost 60% of all these institutions in Poland. The participants responded to the online questionnaire. The main research problem is the way the process of examining youths' sense of security in these institutions is carried out and the factors it depends on. The results show that there are no differences between these two kinds of researched institutions in investigating the youths’ sense of self-security. Youth social rehabilitation and socio-therapy centres fully perform this duty but do so differently. The results of the research in the article also show that it is necessary to analyze further the information and data about youth’s self-security.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42703840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Execution of imprisonment during the COVID-19 epidemic","authors":"Czesław Paweł Kłak","doi":"10.5604/01.3001.0015.9668","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9668","url":null,"abstract":"The article presents an analysis of the relationships related to the execution of a custodial sen-tence in the period of an epidemic threat or state of epidemic announced due to COVID-19 – a break in the execution of a custodial sentence, placing a convict in an appropriate treatment facility and ”remote” treatment penitentiary court. These solutions have been in force until now, but it is postulated that the court will not be able to hold meetings in executive proceed-ings in a ”remote” form ”permanently”.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46210932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analysis of criminal liability under criminal code for the act of throwing out tenants who not pay rent","authors":"J. Kluza","doi":"10.5604/01.3001.0015.9666","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9666","url":null,"abstract":"The subject of the article is to answer the question whether the perpetrator of a prohibited act under Art. 193 or 191 § 1a of the Criminal Code may be the owner of an apartment who undertakes the forced eviction from the apartment of tenants who have stopped paying for the apartment and whose tenancy has been terminated. In the doctrine and jurisprudence, it has already been settled in principle that the owner of the apartment may be responsible for the violation of the home life during the term of the contract between him and the aggrieved party. However, the issue of what the situation looks like in the event of an effective termination of the contract was not commented on in greater detail. This issue requires a closer look.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47976267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Electronic supervision as a form of imprisonment","authors":"Aneta Łyżwa","doi":"10.5604/01.3001.0015.9669","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9669","url":null,"abstract":"The article deals with electronic surveillance as one of the forms of imprisonment. The author's intention was to present this institution as serving the realization of statutory goals of imprisonment. In this way, the hypothesis that this supervision is an important element of the contemporary penitentiary policy of our country has been proved. In addition, the aim of the presented study was to present the social aspects of the use of electronic surveillance, including the benefits that the prisoner achieves. The author has described the institution in question and the principles of its functioning. She also formulated a de lege ferenda postulate to limit the possibility of using the supervision in question by convicts serving their sentences in penitentiary institutions. She presented selected results of surveys conducted twice by the Justice Institute and an audit conducted by the Supreme Chamber of Control in 2013 to assess the functioning of electronic supervision. She referred to the opinions of some representatives of doctrine in the aspect of evaluation of the supervision in question, including as a tool of the state's re-socialisation policy. She also formulated a number of conclusions and her own assessments.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44226369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PENITENTIAL HOLDING IN THE NON-PROCESS\u0000COURT MEASURES SYSTEM","authors":"Marcin Jurgilewicz, Andrzej Dana","doi":"10.5604/01.3001.0015.8796","DOIUrl":"https://doi.org/10.5604/01.3001.0015.8796","url":null,"abstract":"The article in its content refers to the little commented issue related to penitentiary detention as a Wednesday of legal reaction and in its terms it has a de lege lata character. The aim of the article was to draw attention to the procedural and technical sphere related to the detention of a person in the penitentiary detention mode. Another aim of the article has become an attempt to draw attention to whether it is possible to regulate penitentiary detention in a standardized manner in one normative act. The legal exegesis presented in the study clearly indicates that the issue of penitentiary detention has been dispersed in many normative acts. Such a situation, in turn, creates undefined spheres, because its implementation is carried out in time – from the moment the person is arrested by the Police until the person is brought to a penitentiary unit. Therefore, the study posed a research question to what extent it is possible to simplify this procedure at the normative level, which would include a consolidated legal act.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49409855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE PRINCIPLE OF JURISDICTIONAL AUTONOMY\u0000OF A COURT ADJUDICATING IN A CRIMINAL\u0000FISCAL CASE IN THE JUDICIAL PRACTICE OF\u0000ORDINARY AND ADMINISTRATIVE COURTS","authors":"W. Cieśla, Adam Pawlyta","doi":"10.5604/01.3001.0015.8799","DOIUrl":"https://doi.org/10.5604/01.3001.0015.8799","url":null,"abstract":"In cases of fiscal offences and fiscal transgressions, an element of evidence in a case is often a tax decision issued in tax proceedings conducted against a person who acts as a defendant in a penal fiscal proceedings. As a result, a question arises as to the evidentiary value of such a decision, which was issued for the purposes of tax proceedings and not criminal fiscal proceedings. In particular, an important question is whether the criminal fiscal court is bound by the findings included in such a decision? An additional problem for the issue addressed is the question, whether between tax and penal fiscal proceedings there is any kind of preliminary relationship, which makes the examination of a penal fiscal case dependent on the prior tax decision issued by a relevant tax administration authority. The analysis of the jurisdiction of common and administrative courts does not allow for an excplicit answer in this respect, which led the authors to take up the presented issue and to formulate de lege lata conclusions, related also to the need to unify the jurisdprudence. The paper also discusses the principle of free assessment of evidence in the context of characterising a tax decision (of both, constitutive and declaratory nature) as one of the possible evidences that a fiscal court has to deal with.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44962299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE NATIONAL SECURITY THREAT MAP\u0000IN POLAND – PRACTICAL ASPECTS IN\u0000A CRIMINOLOGICAL PERSPECTIVE","authors":"Monika Bieniek-Ciarcińska","doi":"10.5604/01.3001.0015.8798","DOIUrl":"https://doi.org/10.5604/01.3001.0015.8798","url":null,"abstract":"Having made a depict of the crime or by other words putting an adverse event on the map is not a new way to fight with the crime. The officers still use old, proven tools that enable them to present both crimes and offenses geographically. In this way, it is possible to identify areas at risk, as well as obtain information aimed at selecting an appropriate strategy of activities for the dislocation of patrol services. With the advancement of technology, also in this case the basic tools have been partially replaced by modern software. An interactive equivalent of pushpins and coloured sticky notes with notes put on a map is the National Map of Security Threats in Poland (hereinafter referred to as KMZB). The purpose of this article is to present a detailed analysis of the issue in question, with particular emphasis on the possibility of its practical application. It was preceded by appropriate considerations, both based on my own scientific research and the prospects of changes that were made over the next few years (from 2016). The issue remains valid in the context of searching for new forms of counteracting crime, and it should certainly follow technical changes that are constantly evolving. Using the analysis of the literature and available Internet sources, including the analysis of legal acts, the KMZB application, also through extensive research of materials obtained from the Police Headquarters, Warsaw Police Headquarters and Provincial Police Headquarters, the focus was on a comprehensive approach to the issue. These activities led to a clear distinction in the field of threat maps – internal secret documents of the Police (so-called patrol assignments) and the KMZB – an online tool available to the entire society. The result of the research effort undertaken is the indication of conclusions and postulates that may in the future contribute to the verification of the effectiveness of the tool by its originators, as well as to its modification with new components or elimination of identified irregularities. The evaluation of the previously developed guidelines for officers and the considerations undertaken regarding possible amendments to the legal basis underlying the KMZB are also crucial. All these activities ultimately have the chance to contribute to the further development of national legislation established to improve security situation in local communities based on new methods and interactive tools, especially in changing circumstances.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43351532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"YOUNGSTERS’ PERCEPTION OF PHYSICAL\u0000VIOLENCE TOWARDS CHILDREN IN POLAND","authors":"Joanna Helios, Wioletta Jedlecka, Tomasz Kalisz, M. Mościbrodzka","doi":"10.5604/01.3001.0015.8794","DOIUrl":"https://doi.org/10.5604/01.3001.0015.8794","url":null,"abstract":"Introduction: The subject of this article is to examine young people’s awareness of the legal provisions in force in Poland regarding punishment for using physical violence against children. The research problem is an attempt to determine the degree of compliance, application and enforcement of legal provisions in Poland in the field of criminality of acts constituting physical violence against children. The initial thesis is based on the assumption that in Poland there is a low awareness of young people about the binding legal provisions prohibiting the physical punishment of children and about the harmfulness of all forms of physical violence. Method: The sociological method was used. They were students of secondary schools and a post-secondary school in Wrocław. The research consisted in analyzing the experience of individuals – students in order to determine how these problems are perceived by young people, how they deal with them and how they interpret the world around them and what they encounter, was the basic assumption of our research. Results: The results of the surveys indicate an urgent need for intensive social education on the harmfulness of beating children, including the elimination of seemingly harmless spanking as an educational form. The fundamental problem, in the context of the perceived consent to physical discipline of children in Poland, results from the traditionally understanding of the so-called non-statutory of educational punishment. Key practitioner messages: This text is intended to influence the further development of judicial decisions in the field of educational discipline.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47331794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}