bluuebunny/crossref_metadata_2025 huggingface dataset:
Kryminologia kulturowa. Wprowadzenie do koncepcji
Authors: Edyta Drzazga
Published: July 2024

Cultural criminology which emerged in the 1990s, based on new criminology of Taylor, Walton, Young, and the achievements of National Defiance Conference and British studies of subcultures, can be regarded as part of the critical approach to the phenomenon of crime. Since it first appeared, cultural criminology has tried to adjust the point of view on crime by engaging various perspectives. By principle, cultural criminology is supposed to challenge conventional criminology and provide a distinguishable alternative. Its distinctive features are emphasis on cultural components (i.e. style, symbols, meanings, emotions and media information) in investigating the phenomenon of crime and use of postmodernist interpretation in the analyses. Cultural criminology, by placing crime and crime control in the context of culture and regarding them as cultural products, focuses on the way in which social actors – all potential participants to the phenomenon of crime, i.e. offenders, victims, organs of social control, journalists and reporters – construe meaning and attribute it to delinquency, act of crime and each other. One of the key problems of cultural criminology is critical reflection on the postmodern world, that is a world in constant flux, marked with the processes of marginalisation and social exclusion but also ambiguous potential of creativity, transcendence, and transgression. In a series of conceptions, one can find references to such symptoms of postmodernism like, on one hand, consumerism fuelled by the media, imperative of expressiveness and ever increasing significance of personal development, on the other hand decreasing job security and family ties stability, pluralism of values enhanced by migration and global conflicts. What results from the clash of these opposite forces is increasing loss of sense of security of the a modern man and in collective categories, loss of public confidence. The vision of society assumed by cultural criminology is a society based on conflict, and all explanations of subcultures must include current relations of power and patterns of social inequality. At the same time, accepting M. Weber’s statement that culture is a network of meanings which are continuously created by a man and in which a man is suspended, it is postulated to seek these meanings by interpretation. Such assumptions concerning culture and means of its examination, along with the conflict-based vision of society, puts cultural criminology at the charge of combining various methods of explanation assumed by social sciences. In ethnographic studies in the area of cultural criminology the pursue of meaning by thorough exploration of cultural practices is reserved only for deviant subcultures. The world of social control is labelled with terms in line with conflict orientations in criminology.
Porządek publiczny jako zasadniczy przedmiot ochrony prawa wykroczeń i czynnik rozgraniczający z powszechnym prawem karnym
Authors: Marek Lubelski
Published: July 2024

The author reviews those types of prohibited acts under criminal code and petty offences code which provide for public order protection. This serves as an attempt to prove that a value like public order should rather be protected under petty offences code (or other forms of legal sanctions eg. administrative ones) rather than under criminal law. The scope of criminalisation should not be extended towards criminalisation of acts against public order. This can be summarised in a debate on forms of legal reaction to prohibited acts. The review of the relevant act of law becomes the point of departure to formulate the opinion that public order is a separate object of legal protection. It does not require penal sanctions provided for crimes – in spite of well-established opinions in legal literature that petty offences differ from crimes basically only in the degree of social damage they cause. The author also makes numerous observations of a classical penal reaction indicators which can be described as “punitive type sanctions”. This proves that our times bring an abrupt increase of legal regulations which create norms of public order and prohibit acts of administrative character which do not belong to the area of criminal law and should not require sanctions provided for acts classified as crimes. A thorough examination of types of petty offences made in the article provides a surprising picture of what the legislator included under the sphere of public order. Names of particular divisions of the code are irrelevant here. In the view of the examination of the acts prohibited by petty offences code, public order is recognised by designators, that is objects protected by particular types of acts, regardless of the title of the chapter they were placed in. They include quiet night hours, protection of plants in public green areas, lack of graffiti on buildings, freedom from aggressive prostitution offers, beggary without a substantial cause, lack of soil in public places, conducting a business without registration required by law, registration of place of residence, obeying rules on public roads, freedom from various forms of disturbance of peace and quiet, freedom from infringements of public assembly or no production of skeleton keys and seals or stamps without a licence. There is also a category of bitypical offences that is prohibited acts which are classified as a petty offence or a crime depending on the value of property (eg. theft of an item of values less than PLN 250 is a petty offence, not a crime). In the opinion of the author, if they are classified as petty offences they can also be included in the category of violation of order, although this order has more of a civil that administrative character. Separate comments concern the criteria of classification of petty offences in fiscal penal code.
Przestępczość o charakterze terrorystycznym w Rosji-wprowadzenie do problematyki
Authors: Katarzyna Laskowska
Published: July 2024

The publication depicts the phenomenon of terrorist crime in Russia, both in legal and criminological approach. It attempts to define the phenomenon and, subsequently, defines the scope of criminalised acts and the manner of penalisation thereof under Russian law. Consequently the phenomenon, aetiology and prevention are analysed. Such an approach allowed to present the tendencies and threats resulting from this category of crime. Analyses have been aiming at conclusion what are the needs and directions of preventing this phenomenon in Russia. Analyses allowed to establish that the following offences should be deemed terrorist ones: act of terror (article 205), support for terrorist activities (article 2051), public incitement of terrorist activity or public justification of terrorism (article 2052 ), taking a hostage (article 206), organisation of illegal armed unit or taking part in such (article 208), hijacking of an aircraft, a vessel, or a train (article 211), attempt of assassination of public servant or social activist (article 277), seizure of power using violence, or exercise of power with the use of violence (article 275), armed uprising (article 279) public incitement of extremist activity (article 280) organisation of an extremist union (article 282) assault on people, or institutions which are under international protection (article 360). The analysis indicates that abovementioned acts of terrorism are, above all, a threat to public safety, legal government, and the foundations of constitutional order and state security, as well as peace and security of humankind. They have a criminal, political, and international character. They exhibit associations to organised crime and extremist crime. The study found that the reasons of their occurrence in Russia are deeply rooted in social, economic, and political problems. The weakness of the state and its structures, and the inability to solve problems, built up over decades, resulted in the development of the phenomenon which peaked between 1997 and 2004. During this period most false notices of terrorist acts were recorded, while crimes of organizing illegal armed units, and crimes of terror (terrorist acts) were also recorded but to a much less extent. The phenomenon has been undergoing changes for years and requires an appropriate response from the state. Therefore, apart from an improvement of anti-terrorism laws, the authorities should aim to reduce causes and factors which support the development of such crimes, especially to constantly monitor social situation in Russia, including the sources of tension. The authorities should also counteract fundamentalism, ease social tensions on nationality and religion grounds, and additionally control weapon trafficking, ensure adequate preparation of antiterrorist forces in terms of material, technical, and psychological basis.
Zielona kryminologia
Authors: Magdalena Grzyb
Published: July 2024

The article outlines the issue of green criminology – a new branch of critical criminology. Green criminology is one of variations of critical criminology based on neo-Marxist notions of class conflict between the oppressed and the oppressing classes. Green criminology aims not so much to analyse and explain the types of crimes or the social consequences of neoliberal market economy for the society but rather ecological consequences for the whole planet and the participation of the dominating classes in the production of ecological damage. By focusing on criminal actions of the states and corporations and dialectical understanding of social processes, in my opinion green criminology draws more on leftist idealists than realists focused on more traditional objects of criminological studies. The article presents the origin of green criminology, including separate definition of crime (understood broader than the legal one) as well as three main approaches which present different relation between the human being and the environment and define ecological dam-age in different way: anthropocentric, biocentric and ecocentric. The author subsequently lists the tasks of green criminology which are: to examine the ecological damage, to investigate the functioning of legislative mechanisms and the institution of informal social control of ecological damages, and to see into the relationships between the changes in particular environments and criminalization processes. Other authors quoted by the author present different task lists, that is: to document existing crimes against environment and to create it typology and differentiation criteria such as primary and secondary, to outline ways of development of ecological legislation and evaluate generated political problems, to combine issues of social inequalities and crimes against environment, to assess the role of green movements (and “empire counterstrikes” which accompany them) in the process of changing the perception of ecological problems. Subsequently, types of crimes against environment are enumerated. One typology divides them into primary (basic) and secondary (symbiotic). These include deforestation, air pollution, species extinction and animal cruelty, water pollution, and institutionalized violence against opposition groups and organized crime dealing with toxic waste trade. The other ty-pology divides crimes according to their public perception and the type of damage they cause. Later the author draws readers’ attention to the international character of eco-crime and the difficulties in potential criminalization of actions against environment. The article concludes with problems which are currently the sources of ecological conflicts and which are related to ecological racism. At present conflicts and social protests are concentrated over four areas: renewable resources, effects of global warming, uneven natural resources use, and transfer of ecological damages.
Nieletnie dziewczęta 10 lat później - badania katamnestyczne
Authors: Dagmara Woźniakowska-Fajst
Published: July 2024

History of criminal studies dates back to the 1930s. However, since 1990s it has been going through a revival. Presently, it is called developmental criminology or life-course criminology. The object of the study was to trace further criminal histories of under-age girls who committed a punishable offence in 2000. Between 2003 and 2005, files of 873 under-age girls were examined . In 2010 it has been 10 years since the studied girls had a court trial. The youngest ones were 23, the oldest ones 27 – and adult women are most frequently sentenced between the age of 23 and 27. The first stage of the study was to apply to National Criminal Registry for information if the perpetrators of criminal deeds committed in 2000 broke the law within the next 10 years as adults, if they were sentenced, if so – how many times, and for what types of crimes. The second stage was to analyse the data from the Registry according to a questionnaire. The third stage was to compare the results with the data obtained previously in the study of the under-age: the crimes which had been committed as well as social and family backgrounds. Data concerning education, profession and work history are hardly present in the Reg-istry. The only information available is profession. It is impossible to obtain information how many sentenced women actually worked as adults. 7 of them (6%) declared “unemployed” so we know they were unemployed but it is unknown if they actually had any profession. Un-doubtedly more than a half of the sentenced women (52%) had no profession. Those who had a profession were cooks (9%), shop assistants (6%) and dressmakers (5%. Three persons (2,7%) were technicians (graduated from technical colleges) of economy and administration, sales, and environment protection. Most women (61%) were sentenced only once, 19 of them twice (17%). Two “record holders” were convicted 11 times during the 10 years. In the adult life, just like previously, most offences are against property. 39% are deeds of exclusively such nature, 23% are offences against property related to other types of offences (e.g. against life and health, safety in transport, documents or related to drug possession and trafficking). In total In total, 62% of crimes were against property. Second noticeable category of crimes (which was not committed by under-age girls) were crimes against transport safety (13,5%). Crimes against health and life were 13% of the overall number. Definitely more adult women than under-age girls commit crimes against document credibility (8%). There are also more punishable deeds related to drug production, trafficking and possession (7%). The study confirms legitimacy of risk factors known for a long time.
Obowiązki nakładane na osoby skazane z art. 207 § 1 k.k. w orzecznictwie sądów rejonowych
Authors: Grzegorz Wrona
Published: July 2024

The article contains an analysis of district court sentences which included protective and re-straining orders under article 72§1 of Polish Criminal Code (hereinafter referred to as PCC) on perpetrators of harassment punishable under article 207§1 of PCC. Because of the character of the crime of harassment, the main part of the article concerns orders of refraining from contacts with victims and of leaving the common place of residence. The article contains analysis and conclusions of a research of cases which ended in a decree absolute in 2008 – 2009 and concerned prosecution under article 207§1 of the Code. The research, completed in 2010, was conducted in eleven district courts, all of them subordinate to different courts of appeals. The results of the research show a significant divergence in the manner of sentencing restraining orders throughout the country. One may notice the extremes of the approach, particularly as far as the order of leaving the common place of residence is concerned. As a result, the courts use such opportunity only in a few percent of the cases where such orders can be sentenced. It is hard to speak of any line of sentencing with such a small number of cases. Meanwhile, the legislator amended the Act on Family Violence Prevention with the view on the duties imposed under article 72§1 of PCC. As a result of this amendment, two changes were introduced. The first consisted in distinguishing correctional and educational actions in section 6a. The second concerned the order of refraining from contacts with the victim in section 7a of the said article which was extended by adding a restraining order of staying away at a minimum distance from the victim. At the same time the legislator did not take into account the doubts expressed by the doctrine about possibility of successful enforcement of orders under sections 7a and 7b (order to leave the common place of residence). The conclusions of the article concern the necessity of more frequent interpretation of duties under article 72§1 sections 7a and 7b PCC by the courts and, as a consequence, of es-tablishing a uniform and consistent judicature in sentencing such restraining orders. It is sug-gested that this can be achieved if the guidelines by Polish Attorney General on preliminary proceedings in family violence cases include an instruction for the prosecutors to apply to courts for such restraining orders. This way, the courts of law will be obliged to take a stance on such motions and a chance to standardise the manner of sentencing them will arise.
The dawning of a new era in social reaction to crime: promise, potential and limitations of restorative justice
Authors: Ezzat A. Fattah
Published: July 2024

Despite dramatic social changes and unprecedented technological innovations penal philosophy has undergone little change. Retribution continues to be the key principle in sentencing and judges continue their hopeless struggle to make the punishment fit the crime. It is truly baffling that the CJS has remained archaic in its philosophy, its outlook and its tools and has remained insulated from whatever changes and advances that had taken place in modern society? For as yet unexplained reasons the system has resisted every attempt to modernize and change? This is probably why it is that despite the manifest advantages and benefits of R.J. over a punitive, retributive system, whose sole aim is to inflict pain and suffering on the wrong-doer, there is still reluctance to do away with the ideas of expiation and penitence in favor of reconciliation and compensation. The strong support for victims of crime, coupled with the undeniable fact that victims are the main losers in a punitive system of justice, have not yet succeeded in convincing politicians, lawmakers or the general public of the need to replace the medieval practice of punishment by a more constructive, more peaceful and less harmful means of dealing with crime and conflict. And yet, the destructive and detrimental effects of punishment are too evident to ignore. All this suggests that the time is right for a paradigm shift in society’s response to crime. There is a desperate need to move from philosophical abstraction to restorative action, from senseless retribution to meaningful restitution, from just deserts to restorative justice. But there is also a need for realism. R.J. is not a pana-cea. Although superior in every respect to retribution R.J. does have certain limitations and there are certain dangers to be avoided when moving towards the full implementation of a restorative justice system.
Związki między wiktymizacją oraz ubóstwem i wykluczeniem społecznym
Authors: Witold Klaus  , Dagmara Woźniakowska-Fajst
Published: July 2024

Since the emergence of criminology as a science, one of the main problems taken up by criminologists was the relations between poverty and crime. Initially, the studies aimed to work out actions to prevent crime and to protect the rest of the society from the marginalized, the excluded and the poor. It was pointed out that that the group called the underclass was marked by criminal deeds of its members, alcohol abuse, family disruption, single parenting, dependence on social security, and physical abuse in families. Only until later, with the development of victimology, the other side started to be observed – the description of the underclass is true as much in the case of perpetrators as it is in the case of victims. It has been proved that poverty and marginalization are related to a higher risk of becoming a victim of a crime. In case of poverty and social exclusion, one can speak of a cause-effect relationship but undoubtedly this can work in both directions – poverty usually adds to social exclusion while social exclusion (particularly more severe, like e.g. ostracism) can lead to poverty. Already at the time of emergence of victimology it was observed that victimization does not concern all members of a society to the same degree. Some social groups become crime victims more often than others. Certain categories of people were recognized as particularly vulnerable to wrongful deeds. In 1947 Hans von Hentig drafted up the first categorisation of persons who were at an increased risk of victimization. It included particular categories of people whose psychological, physical, and behavioural features predispose them to the role of a victim. The author listed larger social groups (eg. young people or women) but also such groups which are included in the context of social exclusion today. He claimed that, among others, mentally ill, retarded, substance dependant are particularly vulnerable to victimisation because their limited perception of situation makes them an easier target to theft, con or fraud. He listed immigrants who are in cultural conflict and rejected by the majority as „aliens”, the poor, and people with emotional problems as all these weaknesses could be easily used by criminals. Other minorities faced similar problems. Social inequality touches upon them in a greater degree and this increases the risk of victimisation. Today, we speak of victimisation of minorities also in the context of prejudice-motivated crimes and the elderly are one of the most vulnerable groups. Benjamin Mendelsohn accented not individual features of victims but their behaviour in cer-tain situational context. According to the author, persons whose behaviour infringes principles of social co-existence and, as a consequence, who put themselves at risk of marginalization, are exactly those who can easily become victims. Living apart from the society and contrary to its rules after all influences the risk of victimization.
Młodociani w świetle prawa i badań kryminologicznych
Authors: Paulina Wiktorska
Published: July 2024

The article discusses the problem of young adult offenders in the light of provisions of current Polish criminal law and of criminological studies on this category of convicts over the years. Polish criminal code of 1997 in the article 115 paragraph 10 defines a young adult offender as a person 21 years old who commits a crime or a person under 24 years who is tried in a court of first instance. Two basic issues are involved in the notion of a young adult offender. First the age limits of the subject, second the character of penal measures to be used towards this particular category of offenders. Both issues are discussed at length in the article, particularly with respect to the fact that criminal law makes use of scientific findings from sociology, psychology and medicine to create normative regulations concerning conditions of liability of young adult offenders for their unlawful acts. As an example, one may discuss particular normative directives of the sentence provided for a young adult offenders as the court is obliged to, most of all, educate and resocialise. Educational and resocialisation aspect of the punishment does not mean that young adult offender are treated leniently, sometimes it may indicate a longer time of resocialisation and, at the same time, a longer imprisonment sentence to execute this objective . While sentencing a young adult offender, the court should decide in such a manner so that the liability of the accused is directed more into educational model than repressive one, yet this does not denote resignation from administering the penalty of unconditional imprisonment. Still, it needs to be admitted that in the Polish legal system there are few concrete provisions of law which define in detail how a young offenders should be treated which, according to the author, is somehow concerning. There are significant differences in criminal execution law. First, as a rule, young adult offenders should be imprisoned separately from adult ones. This is understandable because of susceptibility of young people to influence and pressure from adults. Moreover, young adult offenders are subject to system of programmed educational and resocialisation measures during imprisonment, which on one hand seems right, on the other evokes a series of questions and reservations. Discussion of normative situation of young adult offender are illustrated with selected criminological studies carried out so far concerning this category of offenders. Reported results of research show that young adult offenders have typical features characteristic for the whole group. Information on dysfunctional families and alcohol problems are always present. It is accompanied by low education level of their parents and their unemployment. Problems in the behavior of such offenders appear already in kindergarten age and increase during school education while the education process itself leaves a lot to be desired.
Monitoring wizyjny miejsc publicznych w dużym mieście na przykładzie Warszawy. Próba analizy kosztów i zysków
Authors: Paweł Waszkiewicz
Published: July 2024

Vision monitoring system cameras have been merging into the landscape of public places in Polish agglomerations for over a decade. Their spread neither has been publicly discussed nor it has been examined what is their effectiveness in crime prevention and as an irrefutable proof in criminal proceedings. Also the legislator has long failed to attempt to regulate this sphere – which not only in theory can be in conflict with the right to privacy. Similarly, no financial analyses of creating and maintaining complex systems have been made. The article presents research from selected countries (United Kingdom, Spain, Germany, and Poland) on preventive effectiveness of video surveillance systems based on police and other service statistics as well as victimisation studies of inhabitants. The problem of economic analysis of the systems of this type in public areas of big cities on the example of the research by M. Spriggs and A. Gill (United Kingdom) is also discussed. An attempt of cost calculation of the greatest Polish system functioning in Warsaw is also made. It includes both material and social costs. They are compared with potential and actual profits from the use of the system and accompanied by a short survey of research on the effectiveness of video surveillance systems. Warsaw has been chosen because of the size of the system and relatively greatest availability of financial data and reports from Zakład Obsługi Systemu Monitoringu m.st. Warszawy (Surveillance System Administration Office of the Capital City of Warsaw). The article summarises the descriptions of administrators’ and system owners’ reactions to the results of the studies.
Przestępczość w II Rzeczpospolitej w świetle danych statystycznych
Authors: Krzysztof Krajewski
Published: July 2024

After Poland regained independence in 1918, the system of crime statistics had to be organised from scratch and unified. At the same time, until new criminal code became effective, there were three criminal laws each of them with different scopes and forms of criminalization. Because of this in 1924 – 1934, crime statistics were based on classification drafted by the State Police Headquarters. Only since 1934 the statistics were base on the classification of the new criminal code. There was also a problem of separating statistical data concerning more serious crimes, defined by L. Radzinowicz as “true crime” from petty offences (which today are subject to Offences Code). As far as crime dynamics is concerned, the interwar period should be divided into three subperiods of 1924-1930, 1931-1934, and 1934-1938. In the first period crime intensity fluctuated yet with an overall increasing tendency. In 1931-1943 there was an explicit increase, particularly in 1931 and 1931. Reasons for this should be sought in the influence of the Great Depression. Since 1935 there was a decrease in reported crimes. In the last year of available statistics, that is 1938, crime level was 22,3% lower than in 1934. What draws one’s attention is the differences in reported crime levels before and after the war. Particularly, in the 1950s and 1960s crime levels were comparable to those in 1920s, that is before the Great Depression. It fell below this level only in 1970s, and in 1980s it increased again to the level comparable with 1920s. Reported crime levels throughout the period of communist Poland was however lower than in most of 1930s before the war. At the same time, it is clear that present crime levels are much higher than any of those in the interwar period. Data concerning intensity and dynamics of murders between 1924-1937 are particularly interesting. In 1920s number of murders increased similarly to increase of overall crime figures. After 1930 number of murders fluctuated only and its dynamics diverged from an explicit increase in overall crime. This fact made L. Radzinowicz conclude that the Great Depression – unlike it influenced crimes against property – did not influence violent crimes in an the same way. A decrease in violent crimes during an economic depression can be related, according to the author, with decreased alcohol consumption resulting from lower incomes of the population. There are many signs that murders are related to differences in the level of civilization, economic, and cultural life of particular parts of the country before the war and not to the economy cycle. What is interesting in the light of this is that the number of murders in post-war Poland never approached the number of crimes which were observed before the war. Dynamics of robbery was much different. Number of robberies in 1920s uninterruptedly decreased, and it increased since 1930s. But in comparison to the post-war period, robberies seem almost marginal.
Przestępczość polityczna w województwie lubelskim w okresie międzywojennym
Authors: Grażyna Kędzierska  , Zbigniew Siemak
Published: July 2024

In the system of security organs of the Second Polish Republic fight with crime described as political belonged to the duties of National Police. The department of political Police was a secret specialized internal service of the National Police designed most of all to invigilate almost the whole of the political and social life of the country as well as to persecute perpetrators of crimes against the state, with particular focus on persons suspected of acts of subversion. Between the wars the political police underwent a complex reorganization four times each time under a different name: Defensywa Polityczna, Służba Informacyjna, Policja Poli-tyczna i Służba Śledcza (respectively: Political Defence, Information Service, Political Police, and Investigation Service) and with specialised units for fight with various forms of political crime. Illegal political activity, form the point of view of law then, was divided into activity against the state and espionage for other countries. Until 1926 political service in lubelskie voivodship conducted full operational observation of factions and political movements of communist character, of ethnic minorities, and of radical peasant activists. Political movements of bourgeois character were not of interest to political counterintelligence, still they were under discreet operational observation. After the May Coup in Poland, interest of the political police, apart from communists and national minorities, was extended also to the whole legal opposition against the government. Political police in lubelskie voivodship was occupied with revealing social tensions, antigovernment moods, subversive actions, and actions against the state (in particular those by communists and nationalists form national minorities), observation of legal political formations and parties, but also of trade unions and members of parliament. Until 1934 the police statistics included, for example, high treason, rebellion and resistance against the government, desertion, and other crimes against military power and the state. After 1934 the police statistics included high treason (articles 93, 94, 95, 96, 97, 98 of contemporary criminal code), insult to the government or its institution (art. 125, 127), individual and group resistance (art. 129, 131, and 169 in relation to art. 129), insult and assault of an official (art. 132, 133, and para. 4 of art. 256), insult to the nation and the state (art. 152, 153), incitement to crime (art. 154, 155, 156, 157, 158), incitement to crime (art. 165 – 167), riots (art. 163, 163). “Incitement to crime” in lubelskie voivodship was carried out mainly by offenders’ by “dis-playing flags and banners” of anti-state and subversive content (26,5 % of national overall) and “spreading communist pamphlets and appeals” (16,5%). Such acts as “high treason” (7,9%), “insult to the government or its institution” (6,9%), “group resistance” (11%) were above national average.
Skazani z Warszawy osadzeni w więzieniu karnym "Mokotów" w latach 1918-1939. Obraz statystyczny i próba charakterystyki (ustalenia wstępne)
Authors: Mateusz Rodak
Published: July 2024

Within twenty years of Second Polish Republic over 20,000 prisoners passed through the Criminal Prison "Mokotów". Nearly 13,000 prisoners of this group came from Warsaw. Thanks to the well-preserved original documentation, which consists of the personal records of prisoners of Mokotow prison, the chance to begin research on the functioning of that specific environment opens for historians. Especially that until now all the historical narratives describing the society of the Second Republic neglect the thread of crime and criminals in social history. This article is the result of search query that started in 2010 and includes qualitative and quantitative analysis of more than 20,000 archiving units from archive of Criminal Prison „Mo-kotów”. The research was conducted thanks to a scientific grant funded by the National Cen-tre for Science (Grant No. NN108268139). The final result of the query should be a study of the environment of the interwar prisoners detained in Mokotów, as well as other selected pris-ons of smaller prison districts like Płock, Łowicz, Sieradz, Łódź and Lublin. The subject of the analysis contained in the article is a community defined as "convicts from Warsaw", i.e. prisoners who lived within the limits of the then Warsaw, when placed in the institution. The selection of this group of prisoners, rather than the presentation of the whole environment, is a result of two factors. The first one is the volume of the article that prevents one from a presentation of a comprehensive picture of the whole criminal environment. On the other hand, the geographical restriction allows the query to cover a very actual social group, which was a part of the interwar capital’s reality. The archives of Mokotów prison in addition to the documents on the operation of the institution primarily consist of personal acts of the detained. They are the basis of the analysis presented in the article. A little more than 2,000 files from among more than 20,000 thousand personal sheets of prisoners detained between 1918 - 1939 were selected to complete the analysis. There was no any special key of selection established, every tenth folder was selected. The collected statistical material based on data which were contained in all the questionnaires and which can be analyzed over the entire twenty years. The appearance and the content of the questionnaire changed three times. There was a fixed set of data, which remained unchanged in every version, and certain positions occurring only in one of each versions. For example, in the first version of the questionnaire the information about the number of children and military service were given. Since the mid-20s the questions about these issues disappear from the personal sheet. The available data allowed to create a list of characteristics on which the analysis presented in the article was carried out.
Kariery kryminalne nieletnich sprawców przestępstw
Authors: Irena Rzeplińska
Published: July 2024

Thirteen years ago, while conducting criminological research of juvenile delinquents within a research programme of the Ministry of Education “Juvenile delinquents in the past and today” I decided to research two groups of juvenile delinquents representative for Poland: 1. The first was juvenile delinquents tried in the courts between 1985 and 1988, the choice of files was made on the basis on their availability. According to assumptions I planned to research a representative group of cases of criminal deeds committed by juveniles and tried in criminal courts in 1980. It appeared to be impossible, files of juveniles from 1980 in 2000 when I organized research were, according to regulations, destroyed (hereinafter I use the term “80’s group”). 2. The second is a sample of a group of cases of criminal deeds committed by juveniles and tried in criminal courts in 2000 representative for Poland The main research assumption of the project of research of juvenile delinquents was to investigate and characterize juvenile crime and their social profiles. The research concerned contemporary juveniles – “2000 group” and juveniles in the past who were tried in courts between 1985 and 1989. I intended to investigate juvenile delinquents who belonged to the generation of the parents of those from “2000 group”. Yet a step backward by a generation was impossible (the files were destroyed). I decided that the object of the research will be the group of juvenile delinquents tried in juvenile courts in the 1980s. In 2010 I searched the National Criminal Registry for the records of both “1980s” and “2000 group”. Follow-up period for the latter group was 9 years. After they turned 17 (which is the age limit of legal responsibility under Polish law), from the “2000 group” tried in 2000 in juvenile courts 390 persons, that is 51,3%, were later convicted for crimes. This group, at the moment of record search, was between 20 and 28 and majority of perpetrators were between 24 and 28 – that is young adults in the period of the highest criminal activity. The group of juvenile delinquents from 1980s was 555 persons. The follow-up period was 22 to 22 years. In this group, according to National Criminal Registry information, 187 persons, that is 33,7% had a criminal record at the moment of file search, and they were be-tween 35 and 44. As far as this group is concerned, part of criminal records were erased so a part of convictions in this group remains unknown. Study of previous juvenile delinquents life histories, longitudinal study, criminal career study – these are the names of the same types of research in criminology whose main and common questions is: how many of previous juvenile delinquents commit crimes in adult life. More detailed questions are: - what is the type and significance of crime commited by previus juvenile dalinquents in their adult lives?
Wizerunek ofiary handlu kobietami w krajowym orzecznictwie karnym na podstawie analizy wyroków w sprawach o handel ludźmi w latach 1997-2009
Authors: Maryla Koss-Goryszewska
Published: July 2024

The article presents results of an analysis on Polish courts' judgements passed in criminal cases between 1997 and 2009 concerning human trafficking, i.e. former Article 253§1 and 204§4 Penal Code, conducted with an aim to investigate the image of the party injured as a result of such crime. The research included 59 court cases concerning sexual abuse of women, in which a judgement of conviction (either final and binding or not) was passed. The aim of the research was to the reconstruct the process in which a victim of women trafficking is seen by judges, to analyse the language used by judges in dealing with the victims, and to check if there is a specific model or models in the manner the victims' image is seen by judges. As part of this research, an analysis of semantic fields and qualitative analysis were conducted. The conclusions from the former show that the language used by judges when referring to the crime victims is highly diversified: ranging from formal, official registers ('the injured party', 'women', 'witness'), to vernacular and hardly formal, or even vulgar ('white slaves', 'roadside hookers'). As long as the first of the above registers does not carry any judgemental aspect in describing victims of human trafficking, the other style proves how negative the image is: one of a prostitute or a naïve, reckless girl. The semantic field analysis showed that among the expressions referring to the victims, the ones suggesting that the women got what they deserved were predominant. This language contains an element of the victim's causative involvement, suggesting that the women had some part of the blame for the circumstances, or that the circumstances were not as threatening or traumatising. It is often emphasised that the victims themselves agreed to travel, or had had prostitution experience before. Interesting conclusions can be drawn from analysis of semantic field equivalents, or in other words, the expressions used in lieu of the word 'victim'. Two groups emerge from among them: one, negative judgemental language used towards the injured party, and two, neutral. In the former group expressions such as: 'subject of trade', 'social outcast', 'property', 'human merchandise', 'merchandise subject to', 'a working girl', 'ladies of the evening', 'girls' are found. A considerable portion of these expressions indicates that the human trafficking victims are seen as de facto prostitutes ('prostitutes', 'roadside hookers', 'ladies of the evening'). Another thing that draws attention is the register of the language, with examples of colloquial or even vulgar words being used, which is certainly improper in documents of such importance. The fact that judges used inverted commas when they opting for some of these expressions in writing cannot serve as an excuse.
O kontroli chuligaństwa futbolowego w Polsce ze szczególnym uwzględnieniem sytuacyjnej prewencji uwag kilka
Authors: Edyta Drzazga
Published: July 2024

The development of international measures of football hooliganism control has been proceeding along several paths and included a number of different aspects of broadly understood control over the phenomenon. One can define 4 periods differing in the football hooliganism control paradigms applied: the first period - stretching from 1960s to 1985, second - between 1985 and 1997, third - 1997 to 2000 and fourth - from 2000 up to the present day. Consider-ing the issue of situational prevention of football hooliganism, control measures could be divided into two groups, or levels. The first level was mostly concerned with 'hard' means, i.e. such based on activities that rendered breaking the law or upsetting the public order more challenging. This was done with simple techniques of isolating opposing groups of supporters from each other by police cordons, fencing out sections of stadiums, putting up barriers, or 'cages' for visiting fans. Other popular 'hard' means aimed at increasing the perpetrator's risk of being subject to negative consequences, which mostly meant intensified police presence at a stadium. The progression to level 2 control was triggered by results brought by research on crowd management techniques conducted after the 2000 European Championship. The new trend involved gradual balancing out the 'hard' and 'soft' means, the latter having the purpose of limiting provocation and excuses (promoting the atmosphere of a joyful festival at football events, avoiding 'arming' and confrontation by security personnel, employment of surveillance and emergency services, etc.). A comparison of the ways in which football hooliganism situational prevention developed with the integrated model of situational crime prevention brings an interesting insight into the effectiveness of the new situational trend, which is a method broadly employed in Western Europe to counter football hooliganism. According to R. Wortley, while the notion of opportunity reduction assumes that there already is an offender who is motivated or at least ambivalent and ready to commit a crime, the fact is that motivation to commit a crime may occur as a result of particular situational factors. Wortley defined 4 types of factors motivating a perpetrator to commit a crime, or the so-called precipitators: prompts, pressures, permissibility, and provocations. The integrated concept of situational prevention discussed in the article is a merger of the traditional methods of limiting crime opportunities, or the so-called 'hard' means, with a complementary set of techniques minimizing other situational factors proposed by R. Wortley, i.e. 'soft' means. D.B. Cornish and R.V. Clarke proposed a combination of the two approaches, which resulted in vastly broadened array of situational crime prevention techniques.
Atypowe przypadki korupcji w oceNach sądów i prokuratur na przykładzie przestępstw z art. 228 i 229 k.k.
Authors: Paweł Bachmat
Published: July 2024

The article presents results of file research invovling an analysis of the manner in which court and prosecution applied law in resolving atypical cases of bribery. The subject of the said research were atypical cases of bribery involving crimes under Article 228 and Article 229 of the Penal Code perpetrated by persons performing public functions. The cases discussed followed a number of varied scenarios which, in general, consisted in accepting or granting material or personal benefit or a promise of such in connection with the perpetrator's official capicity. Hence the conduct of the perpetrator did formally fulfil the definition of the crime defined in Articles 228 and 229 Penal Code. However, since some specific circumstances took place, such as a statutory body's decision or penal jurisprudence, the perpetrated act should not render the perpetrator liable to prosecution. It was found that, when classifying atypical acts of corruption, judicial authorities made some effort to employ lenient penal-legal assessment of the perpetrator's conduct, but they often did so with insufficient diligence and by implementing inappropriate provisions of the penal law. The atypical bribery cases included circumstances in which physicians misled their patients by suggesting they should purchase a highend endoprothesis or medicine produced abroad, on an allegedly free market outside the National Health Fund (NFZ) refunding system. The patients they did so, in spite of the fact that such recommendations have no substantiation in the public functions of a medical doctor. Physicians would then claim that they assumed the role of an intermediary between a patient and a foreign dealer or manufacturer. In practice, they used prothesis or medicines refunded by the National Health Fund (NFZ). Unaware of that fact, patients acted in error as to the circumstances, fulfilling the definition of an unlawful act (error facti), and in particular, the patients were not aware that the money they handed over was in fact a bribe granted in connection with official capacity of the physician. In consequence, the criminal procedure in such cases should either be closed by means of discontinuation or refusal to instigate under Article 17 § 1.2 Criminal Procedure Code subject to Article 28 § 1 Penal Code. Prosecution bodies, however, avoided such classification and in cases like that opted for exempting the informer - briber from the penalty (Article 229 § 6 Penal Code), which did not fully reflect the actual legal and formal circumstances of a misinformed patient's conduct. Especially disagreeable was the fact that the solution adopted by prosecution assumed such patients were guilty. It was established that the notion of customary gifts, widely accepted in penal law publications as lawful excuse, is in practice defunct. This does not mean that similar facts were never subject to criminal procedure.