Archiwum Kryminologii (Archives of Criminology)

29-34

Authors: Irena Rzeplińska

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49-63

Authors: Konrad Buczkowski, Witold Klaus, Dagmara Woźniakowska-Fajst

The article includes an in-depth analysis of the work carried out over the years at the Department of Criminology of the Institute of Legal Sciences of the Polish Academy of Sciences, from the perspective of the employees who have recently joined the staff of the research centre. The comparative material presented in the text comes from the results of both current and initial research conducted at the Department. The text first of all introduces the research topics which were addressed and are still being addressed by those employed at the Department. The issues being researched are related to juvenile and underage crime, recidivism, alcohol addiction,and the conditions and causes of committing crimes (robbery, crimes against property, hooliganism, prostitution, and freeloading). The article also presents the methodology according to which the researchers conduct their scientific research. Thanks to the primarily interdisciplinary approach of the Department’s employees, the outlook on these problems is characterised by simultaneous use of many methods applied in various fields of science. The joint analyses of psychologists, lawyers, and sociologists enabled a multifaceted look at the issues, which would not have been possible if the research had been conducted individually. The authors also point out the challenge of the interdisciplinary research, which required the team members to constantly expand their knowledge and educate themselves in many different areas. The result of this approach, about which the Department can undoubtedly boast, is a multi-dimensional, in-depth, and varied interpretation of the results. The background to the article is a description of the history of research conducted since the Institute was established, inaugurated by the first head of the Department of Criminology, Professor Stanisław Batawia. His contribution to the research was undoubtedly immense, mainly because he always focussed on multifaceted phenomenological research. In his studies, he also applied in-depth qualitative analysis of the actions of people who exhibited deviant behaviour. The authors of the text emphasise the exceptional commitment of Stanisław Batawia, who initiated research on socially maladjusted minors in Poland, at the same time conducting an analysis of their family situation, possible alcohol addictions, or motives for committing crimes. The article also discusses the most important fields of study conducted at the Institute from the 1970s to the present day. Among them, the most attention is paid to research on minors (in the context of which the groundbreaking evaluation research on the introduction of mediation into proceedings with minors deserves recognition), the phenomenon of repeat offending, and research on the causes and nature of alcoholism. The authors emphasise the fact that criminological research is part of the so-called basic research. As the Polish state nowadays does not invest in this type of research on the grounds that it does not bring immediate benefits – unlike, for example, research conducted within the framework of the applied sciences – its contribution is worth highlighting because it provides an in-depth analysis of reality. In the long run, they may bring initially unseen benefits and make a valuable contribution to scientific research.

75-80

Authors: Janina Błachut

The author of the article ponders whether the term ‘dark number’ of crimes should be used in criminology. The starting point is a detailed clarification of the term’s components. Błachut points out that defining both disclosed and undisclosed crime depends on the individual approach of criminologists. Different interpretations of the issue result first of all from different perceptions of social phenomena that are considered as crime. According to the article, crime is identified with social constructs, which involve assigning an adequate meaning to human behaviours. The social constructs that criminologists use are mainly crime statistics, which are not just a source of data about crime, but an individual object of research. Crime statistics are thus equated with the product of social, organisational, and political processes. Depending on the standpoint adopted by criminologists in defining the phenomenon of crime, they also study its extent differently and express their views on the legitimacy and necessity of using the term dark number. The author argues that the use of this term may not be fully accurate, because crimes do not function autonomously in the social space. We can only talk about them after conferring meaning to certain behaviours of individuals. Moreover, the classification of an act as a criminal offence is decided by authorised bodies, so behaviour that has been recognised as criminal must be classified as such. In this situation, talking about undisclosed crimes, described as the dark number of crimes, may seem illogical; therefore, the term should be examined only as conventional. At the same time, the author notes that criminologists need to develop their research methodology by looking at new sources of crime data. She lists the following ones as the most useful for the development of criminology: experiments, participatory observation, andsurveys (self-reported and, most importantly, victimisation surveys). Hence, the study of undisclosed crime aims to determine the total scale of real delinquency. The text seeks to familiarise the audience with the way criminologists use the definitions that they construct to measure crime. For efficient calculations, the concept of crime has been mapped with appropriate terms for crimes, such as recorded, found, detected, and judged. The article also highlights the superiority of citizens and social institutions over law enforcement agencies in revealing crime.

93-98

Authors: Nils Christie

The author of the article, a member of Faculty of Law herself, begins by presenting the two absolute theories of punishment: the one claiming that punishment is necessary, and the opposite theory calling for no punishments at all. There are other theories mentioned as well, such as those created by social scientists who brought up the questions regarding the actual effects of imprisonment. The author then presents the main concept of the article: prisons are institutions created in order to inflict pain and suffering on human beings, which is ethically unacceptable. The author argues that the large numbers of prisoners are hampering the message in cases where the country goes to war to create freedom elsewhere. In her opinion, the low prison rates within welfare states might be seen as arguments for such states, in contrast to those that give free reign to market liberalism. Moreover, it seems to be clear that any increases in the prison population can be used as a warning signal against political developments.

113-118

Authors: Anna Kossowska

The article explores the question of how the use of social capital theory may affect research within the framework of in-depth criminological analyses. The author draws attention primarily to the problems and difficulties associated with the use of the concept of social capital in the social sciences. According to A. Kossowska, the first problem in applying the concept is the absence of a universally binding definition of the term, which seems to be developed each time by the authors of academic texts according to their beliefs and perception of social reality. The author looks at various attempts to define the concept and points to three key authors: Pierre Bourdieu, James Coleman, and Robert Putnam. She then seeks to explain the role of social capital theory in criminological research by highlighting its contribution to the advancement of theories commonly used by researchers in the field, such as structural and differential links. Social capital theory is also of great value in the study of juvenile delinquency. According to the author, reference to social capital theory can explain the determinants of delinquency in research on the power and effectiveness of social control. The article focusses on the importance of assessing not so much the social capital itself, but its characteristics. It suggests that social capital may also have an enforcing effect in the context of engaging in behaviour which is commonly perceived of as deviant, an example of which may be criminal behaviour. In this way, this text also discusses the negative side of social capital, which is rarely mentioned in the literature. According to the author it is also inaccurate to say that a higher level of social capital reduces the rate of crime. Turning to the international literature, Kossowska points to examples of high levels of social capital among members of organised crime, and explains that high capital resources also contribute to organised criminal activity.

133-142

Authors: Helmut Kury, Martin Brandenstein

The article aims to answer the question of to what extent harsh punishments can help decrease crime rates. The analysis of data showing a correlation between crime rates and imprisonment rates in the USAindicates that, with regard to crime prevention, the severity of punishment plays only a minor role, if any. The data collected by a commission within the Health Ministry of Portugal after the reorganisation of the drug policy (which resulted in the decriminalisation of personal use and possession of small amounts of hard drugs, the implementation of substantial prevention programmes and measures to minimise risks of addiction, the extension of treatment and reintegration measures, and the expansion of scientific research in this field with strict evaluation of the measures implemented) indicate that persecution and sanctioning of drug addicts with a view to reducing the problems surrounding drug addiction have no or very little favourable effect on drug consumption, instead generating more problems. In conclusion, the author suggests that the average terms of imprisonment should be shortened and the offenders should systematically receive the opportunity to be released on parole, as long as they do not show an indication of committing crimes in the future. That would serve as a motivation to change their lives and to engage within rehabilitation programmes.

155-167

Authors: Andrzej Mościskier

The issues addressed in the article concern the genetic causes of behaviour inherent in human nature, which constitute a barrier to manifestations of human transgression. The author introduces the issue of characteristics of human nature and sociobiology, which is the science of biological grounds for social behaviour. The main purpose of the paper is to show that sociobiological and neurobiological research indicate that human morality is an innate feature of human nature with a genetic origin. Andrzej Mościkier looks at the innate features of human nature, such as egoism and drive for domination, which lead to violence and aggressive behaviour and which have a genetic basis. Among other natural negative human traits, the author lists malice and deceit, which surely have a criminogenic character. In the text, Mościkier tries to determine whether counteracting the natural negative tendencies of human nature lies within the sociocultural sphere or is merited by the evolution of the human species. To this end, he presents an in-depth analysis of the phenomena of kin altruism and reciprocal altruism. Then, he discusses the theory of inborn fundamentals of morality, which is based on the conviction that kin altruism is the genetic basis of morality and a derivative of such feelings as empathy, compassion, or respect for another human being. When summarising his text, Mościkier emphasises that crime is a product of both nature and culture (upbringing). A human being is rather a moral being by nature and exceptional cases of lack of morality are connected with dysfunctions of the individual’s nervous system. The human conscience, on the other hand, is a control mechanism that deters the perpetration of criminal acts and has a genetic background.

193-202

Authors: Jan M. Stanik

In his article, Stanik discusses the issue of identifying the differences in the personalities of offenders who commit different types of crimes, which would make it possible to understand the motivation behind their actions. In the author’s opinion, it is an indispensable element in the proper execution of the trial, punishment, and effective course of rehabilitation. The text presents research on a group of 129 people convicted of beating, robbery, assault with robbery, and burglary who were beingheld in the semi-open penitentiary in Wojkowice with restrictive and liberalised regimes. The study was conducted using three psychological inventories: the IBZO DSM-IV by Radochoński and Stanik, the SABD by Buss-Durkee, and the SUI by Stanik. A detailed description of each of the above questionnaires is included in the text as an introduction to the analysis of the research findings, which are presented in tables and show the differences between the convicts who committed the above-mentioned crimes. The text also interprets the results. According to the author, perpetrators of theft and burglary are characterised by deeply rooted attitudes of distrust and suspicion and negation of social and legal requirements. For this reason, according to the author, these crimes are not sporadic. The author also refers to the doctoral dissertation of Kucharewicz (Psychologiczna analiza procesów motywacyjnych przestępstw popełnionych przez nieletnich [A psychological analysis of motivational processes in crimes committed by minors]), which reports the results of research carried out on a group of 36 minors. In conclusion, it can be found that in the majority of the respondents criminal behaviour is motivated by personality mechanisms and not by variable situations.

215-225

Authors: Leon Tyszkiewicz

The aim of the article by Leon Tyszkiewicz is to prove and demonstrate the role of the study of criminogenesis in the research on crime. The author defines criminogenesis and points out that in the past, its use in criminological researchwas ignored, especially by representatives of the positivistic trend. The research on criminogenesis has been developed mainly by humanistic criminology, which, based on moderate indeterminism, paid more attention to a person’s free will and the decision-making process that culminates in committing a crime. In his article, Tyszkiewicz refers to a paper delivered by a Belgian criminologist Etienne de Greeff, who in 1950 during the Second International Congress of Criminology in Paris was the first to stress the role of criminogenesis. The author suggests that the reasons for the increasing value of this method are that some criminologists are weary of quantitative research and do not use individual research methods enough, thus they treat criminals as statistical tables without their own unique histories, or base their research on weak statistical correlations. The author also argues that criminology should make more use of the advances of psychology, as this very field focusses on the motivations of human actions, which may be directly related to criminogenesis. Further in the article, Tyszkiewicz conducts an in-depth analysis of the methods for studying criminogenesis and distinguishes the following approaches: analytical, synthesizing, life history research, biographical method, and research into the decision-making process of criminals. The author looks at the individual methods, pointing out their strengths and weaknesses, and provides examples of research in which they were used. Tyszkiewicz further implies that criminogenesis is closely related to the science of social pathologies, pathogenesis. The article also mentions Polish criminologists who dealt with pathogenesis in their research, such as Batawia, Jasiński, Kołakowska-Przełomiec, Ostrihanska, Siemaszko, or Wójcik. In the conclusion of the text, the author stresses that although it would be necessary to decide which of the proposed methods of studying criminogenesis could be the most appropriate, one should not indicate any in order to maintain the necessary freedom of research. The author leaves it up to criminologists to choose the best method for studying the individual history of each person, stressing that it is not an easy task since science always tends to generalise to some extent.

239-252

Authors: Dagmara Woźniakowska-Fajst

The aim of the article is to acquaint the reader with the problem of female delinquency by looking at the criminological theories crucial to the phenomenon. The text by Dagmara Woźniakowska-Fajst draws attention to the limitations of research approaches used in studies on female crime. The author argues that the theories used in criminology to study female offenders ignore gender differences and are based on the same factors that define male criminality. As women’s crime is considered a marginal occurrence, researchers try to explore it by looking for either unusual abnormalities or reasons why women are less likely than men to commit criminal acts. The material presented in the article comprises criminological theories that have been or are being used to study female criminality. The author lists those theories that identify the causes of female delinquency as the parenting style for girls, such as the theorythat criminal behaviour is learned(Sutherland), according to which women – whose primary group was to be a strongly controlling family – were less likely to learn criminal behaviour than boys. Differential association theories claim that women’s criminal behaviour is strongly related to their aberrant lifestyles. These women observe criminal and antisocial behaviour in their mothers, fathers, cousins, and siblings over many years and internalise this way of being as appropriate. Next, the author cites biochemical theories that attempt to explain women’s criminal behaviour as a result of hormonal and biological changes caused, for example, by premenstrual syndrome (PMS) or pregnancy. Then, the text presents theories related to the position of women in society, such as Merton’s strain theory of deviance, Cohen’s theory of cultural syndromes, or Cloward and Ohlin’s theory of differential opportunity systems. In this case, the means do not have to be specific tools. It is sufficient that the set of values or attitudes that facilitate the unlawful behaviour are accepted among women. This theory is easier to ‘fit’ into criminal acts committed by women. Further on, Woźniakowska-Fajst mentions Tannenbaum’s social labelling theory, according to which deviants (in this case women) are labelled criminals based on the stereotypical perception of them. The articlealso presents the main tenets of control theories, including the social bond theory by Hirschi and Hinderlang and the power-control theory by Hagan, which, although used primarily to study male delinquency, sought to explain the lower rates of delinquency among girls by drawing attention to the impact of parents’ careers and social class on the prevalence of criminal acts among minors. Finally, the article discusses integrated theories, which are investigations that try to obtain a single model from a combination of known criminological theories. The author believes that these theories are the future of criminological research on women’s crime and stresses the positive influence of the contemporary trend in modern criminology, which is marked by a broader view of the causes of criminal behaviour.

269-285

Authors: Tadeusz Bojarski

The purpose of the article is to examine the treatment of minors by Polish courts, pointing out the essence and relevance of this issue. The article covers the practice of Polish courts in dealing with minors from the 16th century until the 21st century. The author also raises the issue of differences in the treatment of minors accused of delinquency and those prosecuted for committing a punishable act. In the text Tadeusz Bojarski also carries out a comparative analysis of juvenile cases in courts and the types of acts committed by juvenile sand discusses the breakdown of measures handed down to them on the basis of data from the Statistics Division of the Ministry of Justice between 1999 and 2004. In conclusion, the author draws attention to the increase in unruly behaviour among minors since the early 1980s. According to Bojarski, the main reasons for this trend are a decrease in the effectiveness of educational measures taken in conjunction with a decline in moral social principles, an increase in adult crime, and high unemployment.

297-311

Authors: Andrzej Gaberle

The article by Gaberle attempts to present the ways of reacting to the behaviour of minors according to the concepts developed by the legal and guardianship system. The author comments on and explains the differences and common assumptions of the concepts forreacting to the socially undesirable behaviour of minors by means of a system conventionally referred to as juridical and protective. Gaberle believes that due to the changing history and social views on the treatment of persons who commit crimes but are not considered adults by the law, the ways of reacting to their misdemeanours have also changed. The author tries to argue in favour of the correct concept by weighing up the pros and cons of the state’s use of the guardianship and jury systems. He also draws attention to the expediency of both systems through the simultaneous use of legal measures and non-legal ones.The text analyses the legal definition of a minor. It questions the legitimacy of resorting to legal and penal measures with regard to people who are not legally considered adults due to their incomplete ability to rationally assess the consequences of their own behaviour. According to the author, the reality imposed by legal definitions does not take into account the real circumstances in which the minor finds himself or herself, namely his or her biological and psychological development. The article presents arguments in favour of the state’s choice of a guardianship system over the behaviour of a minor who has committed a criminal act. According to the author, this system is more strongly supported by the sociological sciences and is the basis of the tradition of Polish legal regulations on minors. The choice of the guardianship system should not be seen as more lenient than the juridical system. Both have the same goal: to save the minor from going completely astray from the path of socialisation and eventually entering a life of crime.The measures applied within the framework of the guardianship system may be equally severe, but they should not be considered on par with a punitive sanction. The institutions which minors encounter in the care system should have trained staff using the resources with which it has been equipped by the state, including legal means.

331-347

Authors: Witold Klaus

The purpose of the text is to present the difference between the practical work of the family court in dealing with minors and the ideas referring to such work. The author begins by presenting the principles of juvenile proceedings and stresses the importance of the principle of the good of the juvenile. The text then characterises the measures imposed on minors on the basis of fundamental data of court statistics, the structure of which has not changed significantly over the years, according to the author. Witold Klaus lists the following measures: probation supervision, obliging the juvenile to behave in a certain way, or sending them to a juvenile detention centre. The publication is based on the author’s own research, which examined the structure of family court decisions against minors under the age of 13. Referring to the conclusions of the analysis, Klaus emphasises first of all the higher percentage of discontinued or pending cases, the less frequent probation supervision, and decisions to place minors in institutions, which are common for this category of decisions. The author also outlines the problem of a sense of guilt lacking in the parents of minors, who blame the deeds of their children on others during the proceedings and try to defend them under any circumstances. Klaus brings attention to charging the parents with the costs of the proceedings, which, according to him, can be a quasi-measure to encourage a sense of responsibility in the guardians’ for their children’s behaviour. The text also discusses court rulings in follow-up studies aiming to trace the influence of court cases on the further criminal career of juveniles and to analyse the judges’ adjudication. To conclude the paper, the author comments on the effectiveness of measures applied to juveniles by family courts and analyses them based on the objectives of the proceedings. Klaus once again highlights the gap between the observable practice of dealing with juveniles and its underlying assumptions. He suggests necessary changes in the juvenile justice system involving, for instance, building a cooperation network made up of various institutions and introducing prevention programmes based on the findings of criminological research.

361-374

Authors: Marianna Korcyl-Wolska

The study constitutes an analysis of the role of the wronged party in court proceedings for crimes committed by minors. In the first part, the current legal status in view of the Juvenile Justice Act of 1982 is described, highlighting its numerous imperfections, such as the dualism of procedures. It then describes the reform of the Act in 2000, when the role of the victim in juvenile proceedings was increased. The author refers to the documents of international law, on the basis of which the Polish regulations were adjusted to European standards. The author of the article also presents the results of empirical research on the issue and indicates the passivity of entities directly interested in resolving the case. This inactivity is connected with the fact that procedural bodies are not obliged to inform the parties and other participants of the proceedings about their rights and obligations. It is also important that proceedings against minors are not contentious in nature and that the wronged party does not have the rights of a litigant. The article discusses cases in which an ordinary court may rule on a juvenile case and the role of the prosecutor’s office in family court proceedings. The author also identifies the rights of the party wronged by a juvenile criminal act, pointing out that it is not possible to withdraw a motion for prosecution. Korcyl-Wolska states that the adopted amendment increased the rights of the victim, but did not change their position in the proceedings. Further in the article, the draft of the Juvenile Justice Act of 2008 and the history of legislative work on it are discussed. Among the objectives of the new regulations was the unification of procedures. Moreover, in the draft bill the institution of parties to the proceedings was eliminated and the institution of participants to the proceedings was introduced. The text also stresses the strengthening of the role and broadening of the rights of the victim. According to the author, the draft bill is clearly aimed at removing existing de lege lata interpretation doubts concerning the victim.

383-391

Authors: Andrzej Marek

The article is devoted to the transformation of juvenile law based on the Actof 26 October 1982 on proceedings in juvenile matters. The author offers his comments and presents proposals of new regulations in this field. The starting point for the discussion is the circumstances of the creation of the first juvenile court in 1989 in Chicago, which was based on the Act on dealing with neglected and delinquent youth. Andrzej Marek also discusses the possibility of creating special educational centres based on the European model, where the greatest merits lie in the sociological school and Franz Liszt’s programme (the Marburg Programme),which emphasise the need for special educational and correctional centres for minors.Marek draws attention to two lines of approach to the punishment of juveniles that emerged at that time. The opponents argued with each other, first of all, whether juvenile law should be completely separated from criminal law, or whether the responsibility for some special acts should remain under criminal jurisdiction. After much discussion, the decision was made to separate the competences. From now on, criminal law would normalise and apply measures to juveniles for committing criminal acts, while family and guardianship law was to counteract manifestations of social maladjustment by applying guardianship and educational measures. The conditional responsibility of juveniles – who would answer unconditionally to the juvenile court until the age of 13, whilst between 13 and 17 they could answer criminally if the court so decided – was criticised after World War II. At that time the ideas of the guardianship modelof juvenile justice, which was mainly found in Belgium, Spain, and Poland, were gaining popularity. Further in the article, Marek recalls the moment when family courts were established in Poland. The courts were equipped with a wide range of competences and could rule on both care and criminal cases. The author looks at the individual provisions of the 1982 Juvenile Justice Act, listing its weaknesses. Among the major drawbacks of the solution, Marek points out the reliance on outdated educational principles, the failure to fully implement a unified concept of educational protection, and the improper right of the courts to impose penalties on juveniles (including the 25-year sentence for murder). The article also draws attention to the increasingly common tendency in Poland to tighten penal provisions, especially those concerning minors. Among the proposed solutions, the author mentions the idea of waiving the penalty up to twothirds of the upper limit of the punishment prescribed for a crime, because of the right of judges to maintain judicial discretion in determining the punishment. Marek also mentions attempts of Gaberle’s team to amend the Juvenile Code in 2003–06, which was to be based on a compilation of substantive, procedural, and executive law provisions. The draft bill was not approved and met with much criticism, despite being a groundbreaking solution to these issues. In conclusion, the author points to the need for major changes in the law on juveniles, particularly in raising the age of criminal responsibility to 18. Marek also suggests more frequent application of probationary measures such as probation, reparation, or compensation, which are still connected with educational influences on minors and do not only constitute punishment.

409-415

Authors: Irena Rzeplińska

The author looks at the social situation of juveniles held accountable for crimes before a family court who have committed a criminal act as adults. Rzeplińska tries to investigate the social and family conditions of the juveniles examined – adult offenders – which could have also been the risk factors pushing them to start a life of crime. The goal of the article is to investigate the knowledge of the institutions (primarily the juvenile courts) that they had at the time of adjudicating their acts. The text focusses mainly on a comparative analysis of the social profiles of juveniles. The author compares the situation of juvenile offenders who were sentenced as adults with the situation of juvenile offenders who later, as adults, were not registered in the National Criminal Register. The starting point is the conclusions from the file research conducted by the author, among which the following have been examined: opinions on the family of juvenile delinquents, opinions on the juvenile – especially on his/her school situation – possible behavioural problems, and his/her being recorded by the police. An additional set of data contains information on measures applied to the minor by institutions, including the opinions of the Family Diagnostic and Consultation Centre. The author notes, however, that opinions on the instruments of influence on minors appeared sporadically. The text shows that minors were rarely referred to the Family Diagnostic and Consulting Centre. The source of the empirical material presented in the article was a nationwide survey conducted in 2005, which covered case files on a group of 771 minors (79 girls and 692 boys) aged 13–16 whose cases were registered in 2000 in juvenile courts. Juveniles who committed criminal acts as adults, and consequently ‘continued’ their criminal career and ended up in the National Criminal Register,comprised 16.5% of the women and 46.2% of the men. The author of the text remarks on the missing information in the juveniles’files – such as community interview orthe opinions of the probation officer and other institutions which dealt with the juveniles and whose information could have significantly improved the creation of their profiles and helped us understand their family and social situation. Rzeplińska doubts the effectiveness of juvenile court decisions in which Article 21 §2 of the Act on proceedings against minors was applied, namely the non-initiation or termination of proceedings due to, for example, measures imposed on a minor in an earlier case. The jurisprudence showed that despite the fact that juveniles had already complied with the measures imposed on them, it did not prevent them from committing another crime. The conclusions presented mainly concern the need to change the reaction of courts by extending the range of methods of educating minors. One of the suggestions is to comprehensively influence juvenilesby applying measures that encompass their family and friends, such as probation.

431-443

Authors: Piotr Stępniak

This paper presents the findings of research on the perception of the French concept of juvenile prisons by managers of Polish penitentiary facilities in the context of potentially creating similar facilities in Poland. The author describes the French model of juvenile prisons based on conclusions from an analysis of French legal texts and official documents concerning ways of preventing juvenile crime. The article also shows a comparative analysis of juvenile delinquency in France and Poland based on numerical data presented in tables. Stępniak indicates that despite the increasing number of crimes committed by minors, the rate in Poland is lower than in France. Further, the text contains information on the reform of the criminal law and the provisions on the punishment of minors in France. Moreover, he describes the so-called ‘13 200 programme’, aimed at improving the conditions of imprisonment for minors – who were previously incarcerated in adult prisons – and implementing new educational methods. The final section of the article contains the results of a survey conducted among the Polish penitentiary personnel – students of the Penitentiary Studies at the Adam Mickiewicz University in Poznań– on the French model of juvenile prisons and whether it should be introduced in Poland. The author outlines the methods of the survey and characterises the respondents. The paper contains an analysis of the findings, taking into account the respondents’ opinions on the benefits of creating juvenile prisons, the effects of employing people from outside the prison service in prisons, and the introduction of prison guards in correctional institutions. Based on the results, the author expresses his lack of support for the concept of creating juvenile prisons due to the current organisation of Polish penitentiary facilities. Moreover, the respondents did not perceive major benefits from the creation of special prisons for juveniles. On the other hand, the proposal to partially incorporate correctional facilities into the penitentiary system received strong support.

459-472

Authors: Janina Czapska

The text offers an analysis of the development of joint activities for crime prevention in Europe since the unification movement. The author mentions that one of the common goods for which the European community decided to fight beyond national borders was international security. The importance of security was first emphasised in the European Treaty of Maastricht under the ‘third pillar’. Preventive police cooperation was intended to prevent primarily terrorist attacks, illegal drug trafficking, and other significant forms of international crime. Janina Czapska notes that a common endeavour to maintain security was evidenced by a gradual tightening and formalisation of cooperation between states, resulting in the establishment of new European institutions of the justice system. Consequently, the article describes the successive stages of shaping the prevention policy in the European Union. A particular emphasis is placed on discussing the Communication of the Council and the European Parliament on crime prevention in the Union from March 2004. The Communication played an important role in the Europeanisation of crime prevention, as it presented its legal basis, the concepts of common crime, and an analysis of new trends in crime development. The article also mentions institutional forms of joint activities in the area of prevention, such as the establishment of the European Crime Prevention Network, of which Poland has been a member since 2004. Examples and forms of its activities are widely discussed by Czapska in this study, who concludes by stating that in a general assessment of the degree of Europeanisation of crime prevention in the Polish framework, the role played by the partnership with the Netherlands and the United Kingdom in the 1990s should not be forgotten.

489-493

Authors: Marian Filar

This article discusses the role of the media in generating fear and spreading populism among the Polish public opinion. The author points out the mutual dependence of the world of politics and the media: on the one hand, the mass media follow the political line of the party that finances its activities; on the other hand, politicians succumb to the social moods generated by the media and introduce legislative changes under such pressure. The text explains the mechanism used by the fourth estate to arouse fear among the public. The media create the Other and identify it with social pathology and the source of danger, then political groups win the votes of voters with the promise of protectingthem from the Other. According to the author, such a phenomenon increases the process of criminalisation and penalisation. He also points to the multitude of amendments to the Penal Code in a short period. The article cites statistics on the decrease in crime between 2005 and 2007, which contradict the media messages calling for changes to the penal code due to rising crime. Filar presents a pattern of media coverage which promotes the belief that a given right (sensitive to the public good) is at risk. The media then publicise a single criminal case, thus stirring up fear and a sense of threat among the public. In response, politicians draft amendments to criminal law, making it more stringent, and then the parliament adopts them, often in an ill-considered manner. The text also includes examples of such amendments, as in the case of car theft or paedophilia. In conclusion, the author stresses the important role of the media in creating and encouraging legal populism, which in consequence leads to destabilisation and destruction of the law.

507-518

Authors: Jolanta Jakubowska-Hara

The study analyses the jurisdiction of Polish courts in petty offence cases in accordance with selected statistical data. The author familiarises the reader with the changes introduced by systemic and procedural reforms which extended the scope of judicial control over the activity of misdemeanour courts. The article discusses extensively the Act of 8 June 1990 and the Act of 28 August 1998, which aimed to unify proceedings in all cases of criminal offences. Jolanta Jakubowska-Hara mentions the changes in the division into penalties and penal measures, which have been stipulated in misdemeanour law since 1998, following the example of the Penal Code, such as the forfeiture of objects or a driving ban. Apart from that, the author also analyses the educational measures, stressing that under the current regulation, offenders may be subjected to instructions or disciplinary measures. The main objective of the article and the subject of the statistical analysis carried out by the author are the rulings of district courts on misdemeanour cases between 2002 and 2007 compared with data from the period 1972–2000, when misdemeanour cases were handled by misdemeanour courts. In conclusion, Jakubowska-Hara emphasises the greater differentiation of court responses to misdemeanours compared to misdemeanour courts in the years under analysis and the judiciary’s more frequent use of the penalty of restriction of liberty and the use of alternative arrest for those sentenced to a fine.

533-541

Authors: Barbara Kunicka-Michalska

This article focusses on the section of the Spanish Penal Code that deals with family law. Such mattersare regulated by a set of provisions called ‘crimes against family relations’. The text refers to the rights contained in the Spanish Constitution and the UN Convention on the Rights of the Child. The author takes a closer look at individual regulations and explains their meaning and the entities to which they apply. Additionally, sanctions for committing particular crimes are listed. In the first part of the article the author discusses Title XII, Chapter I, which contains regulations on illegal marriages – in particular the issues of bigamy and entering into and certifying invalid marriages. Later, the text presents Chapter II, entitled ‘Faking childbirth, conversion of parenthood, the status or situation of a minor’. It contains regulations on the faking of childbirth, concealing a child or transferring a child to a third party, substituting a child for another, and using one’s profession to commit one of the above acts. Each offence is followed by a list of sanctions which may be imposed for it. The third and final chapter deals with the issue of acts violating family rights and obligations. The author specifies three sections,which regulate the following issuesin turn: offences consisting in a violation of guardianship duties and inciting a minor to leave home, offences of abducting a minor, and offences of abandoning a family, minors, or incapacitated persons. The study also contains an explanation of the concept of ‘faltas’, or acts of lesser severity than crimes. It lists such behaviours as failing to help a minor or an incapacitated person who has been found or violating the regime of guardianship of minor children through a parents’ lack of compliance with their duties. The author points out the great importance attached to the issue of minors in Spanish criminal law and emphasises the daily and monthly fines and division of acts into crimes and the aforementioned faltas.

555-565

Authors: Robert I. Mawby, Lesley A. Simmonds

The article focusses on victims of domestic burglary. The author begins by showing the evidence of the harm to the victim’s well being caused by this type of crime. Furthermore, the author presents examples of services that provide personal help shortly after a crime, from both the US (victim assistance programmes) and the UK (victim support services) in order to illustrate the differences between them and the difficulties of moving towards common policies. Research conducted with Plymouth Victim Support shows the cost of spreading a wider net of victim support by replacing personal contact with phones and letters: only a small minority of the victims who are contacted by post request any further contact. The author argues that these forms may make the victims reluctant to ask for help and may leave them unaware of what help is available. The article ends with a critique of the changes made to the British victim support system, which have resulted in a reduced role of direct contact in favour of quicker forms of contact, such as letters and telephone conversations. The author believes that shift to be based on the falseassumption that victims who are particularly in need, at the precise moment they are most vulnerable, will have enough persistence to follow up on the offer of further help.

581-599

Authors: David Miers

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617-628

Authors: Emil W. Pływaczewski

The article represents an attempt to look at the current state of Polish penal policy from the perspective of the last several decades. The author describes changes in the Penal Code since the 1970s that resulted in impunity connected with numerous conditional dismissals of proceedings under Article 26 of the Penal Code and at the same time increased repression characterised by the application of severe accumulated penalties and abuse of the institution of pre-trial detention and overcrowding of penitentiaries. Emil Pływaczewski then focusses on the attempts to reform and design the penal system in the 1980s. The author stresses the importance of the introduction of martial law in Poland and the Act on Special Criminal Responsibility of 10 May 1985, which tightened the previous penal legislation. The article also discusses other groundbreaking political events in Poland that led to obstruction of attempts to maintain the existing penal policy, such as the elections for the Sejm and Senate in 1989, the new codification of the Penal Code in 1997, and the Resolution on amendments to the Penal Code of 10 February 2003. In conclusion, the author emphasises that the effects of the previous penal system advocating a particular approach will be visible in Polish penal policy for a long time to come. According to him, the necessary changes require, first of all, a change in the mentality of the entities applying and creating the law and a change in the philosophy of penal policy.

643-652

Authors: Olga Sitarz

The text deals with the problem minorities from different cultural backgrounds complying with the national law of the host country. The author analyses and discusses in detail the provisions of the 27th International Covenant on Civil and Political Rights of 16 December 1966, selected articles of the Constitution of the Republic of Poland, and the content of the Framework Convention for the Protection of National Minorities. Olga Sitarz emphasises the role of custom and tradition in the life of every human being and its influence on their behaviour and choices, including the decision to commit crimes. The author encourages us to look at the problem of cultural distinctiveness from two perspectives – legislation and law enforcement – stressing that we need to contemplate more deeply the human right to cultivate one’s own customs and traditions, whilst keeping in mind the social order, legal order, and sense of security of all individuals. The article also outlines examples of countries that have decided to include cultural identity in their legal system. The author explains the issue of defence of culture and how belonging to a cultural group can be used as an argument to exclude responsibility. The article also discusses the problem of the possible abuse of the defence of culture by people who consider themselves to be members of particular social groups and whose aim is to avoid responsibility for behaviour that does not comply with the applicable norms of criminal law. In conclusion, the author discusses the cultural factors that affect the behaviour of individuals in the context of criminal responsibility, listing the circumstances that abrogate the criminality of an act (excluding guilt, lawlessness, or abolishing social harmfulness), abrogate punishability, mitigate within the framework of extraordinary mitigation of punishment, and mitigate within the framework of statutory threat of punishment, adequate to a lower degree of social harm.

659-668

Authors: Tadeusz Smyczyński

The subject of the article is the amendment of the alimony law in the context of family law and the penal code. The author explains the concept of the obligation to pay alimony,explains how this obligation is fulfilled, and comments on its moral justification. In the first part of the study, the scope of the obligation is described.Smyczyński lists the relationships in which the obligation may arise: direct relatives, siblings, and cousins. He also discusses the issue of the obligation to pay alimony in favour of a child who has reached the age of majority andthe need, in the author’s opinion, to amend the provision regulating it. The text also mentions the ways in which the maintenance obligation may be executed. Another issue raised in the article is the abuse of the law, which occurs when the obligation in question is evaded. Smyczyński describes proposed amendments to the Family Code that will make it possible to assess claims in the light of compliance with the rules of social conduct. Moreover, the study covers the functions of social benefits and their impact on the existence and scope of the obligationto pay alimony, indicating that they are subsidiary in nature and do not reduce the obligation. In the study, considerable attention is devoted to the offenceof non-payment of alimony, including its definition and the legal regulations contained in the Code. The author questions whether a criminal sanction is appropriate for non-performance of a civil-law obligation, referring to the autonomy of family life. Smyczyński analyses Article 209 of the Penal Code on persons that commit such an act and the conditions under which an offence occurs. Then, he discusses the reasons why those who are obliged most often evadepaying alimony. In conclusion, the author notes that the draft amendment of the alimony law aims to facilitate the execution of the obligation to provide means of subsistence by allowing it to be executed in forms other than financial. The current criminal sanction has also been called into question because imprisonment aggravates the inability to pay alimony. In the author’s opinion, applying a criminal sanction against debtors of persons other than the next of kin should not be allowed, as this is regulated by the Civil Code.

679-689

Authors: Zbigniew Hołda

The aim of the article is to look back at the activity and work of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment in Poland over its 20 years. The text familiarises the reader with the tasks of the Committee and the principles guiding its work, such as confidentiality and cooperation. Some of the most important tasks are submitting annual reports to the Committee of the Council of Europe on visits to penitentiaries, officer training, monitoring of health care in penitentiaries, or compulsory placement in psychiatric institutions. The article refers to contemporary Polish research on the implementation of the Committee’s recommendations, which consists of a detailed description of all correctional facilities and remand centres and comparative research on visits in selected countries. The next part of the study discusses the conditions, frequency, and duration of the visits as well as the terms of publication of the reports. The author emphasises that, in retrospect, the results of the Committee’s visits have not been discussed in the Polish context. Despite the abuses highlighted by its members in Poland, such as prison overcrowding or aggression on the part of the officers, reforms have not been introduced. ZbigniewHołda also examines the Committee’s public statements, which are issued when a given country refuses to cooperate or does not follow the recommendations. In the conclusion of the article, the author draws attention to the merits of the activities of the European Committee for the Prevention of Torture in its 20 years, among which the attempts to improve the situation of persons deprived of their liberty in European countries should be considered as the most important. Hołda also highlights the difficulties that the Committee encounters in its effective work and stresses that it is necessary to wait a considerable time for the effects of its work to become visible.

703-718

Authors: Zbigniew Lasocik

The article is an attempt to describe the wards for so-called dangerous prisoners by defining their place and role in the Polish penitentiary system. The starting point for the discussion is to question the accuracy of the term ‘dangerous prisoner’. Considering its legitimacy, the author tries to define the term in both an etymological and a moral context, on the grounds that it has not been defined in any official legal act. To this end, the author familiarises the reader with his doubts concerning the use of the word ‘dangerous’ with regard to people. The etymological problems arise mainly from the difficulty of defining the inventory of features that should be included in the term, primarily the permanence in time and objective categorisation. Moreover, it follows from the article that a person may be considered dangerous only after committing an act of that nature. In turn, in an ethical context such naming violates the rhetoric common in the social discourse of respect for human dignity and recognition of the uniqueness of each individual. Lasocik’s text explains and analyses what a prison ward for dangerous inmates is in fact (a specially marked-off area within a penitentiary) and conceptually (the feeling of hyper-isolation on the part of both the dangerous inmates and the staff of the Penitentiary Service). The author does not hesitate to call such a ward a ‘prison within a prison’. The empirical material presented here comes from an analysis of studies conducted by the author in 2007–08 as part of a research project entitled A preliminary assessment of the functioning of wards for ‘dangerous prisoners’. The project sought to analyse the experiences of ten inmates selected according to the length of time during which they belonged to the category of prisoners who are considered especially dangerous. The empirical underpinnings rested onan examination of the files of selected inmates and interviews conductedwith them. The issues addressed in the project mainly concerned the social effects of hyper-isolation, the reasons for qualifying prisoners in this category, the treatment of dangerous prisoners, and their relations with relatives and the Prison Service. The key finding presented in the article is the definition of the role of the dangerous ward in the Polish penitentiary system. The conclusions show the introduction of dangerous prisoner wards in Poland as a revolution that has not been entirely successful. Highlighting its weaknesses, Lasocik draws attention especially to the incompatibility of the end results with the earlier plans for setting up the wards and the insufficient consultation with specialists in the field. According to the author, although this measure did indeed lead to an increase in revenue to the budget of the Polish prison system, it did not in any way translate into increased social, cultural, or educational work with prisoners. The funds have only contributed to technical improvements of this type of facility, such as the purchase of electronic equipment. In addition, no positive action is taken with respect to the detainees in such establishments, as it is not expected that they will ever cease to be considered dangerous,and there are no rules for dealing with dangerous prisoners who are to leave the prison in the future. The author’s accurate observation leads to the conclusion that inmates in dangerous wards are not included in the re-socialisation process.

729-738

Authors: Grażyna B. Szczygieł

The goal of this text is to examine the group of convicts who are members of criminal groups as unique and distinguishable from other groups of inmates, from the point of view of Prison Service officers. Despite the fact that members of criminal groups in detention centres and penitentiaries constitute only 3.7% of the total prison population, they are perceived as special due to the fact that they have been convicted of crimes with a high degree of social harm. The author, in supporting the thesis presented in the article, draws attention first of all to the long list of acts committed by these convicts, such as: human trafficking, organisation of illegal migration, forgery of money and documents, illegal production of weapons, smuggling of narcotics, economic fraud, organisation of illegal prostitution, illegal gambling, robbery, or even contract killings. Next, relying on the content of Article 90 of the Penal Code, Grażyna B. Szczygieł describes special conditions of serving a sentence, such as closed cells, supervised movement around the prison, employment under escort, or the right to two visits per month. The text also outlines other provisions of the code. As the author rightly points out, although the law clearly states that the conditions of imprisonment for persons convicted of involvement in a criminal group are insufficient and should be tightened in comparison with the conditions of imprisonment in a detention facility, it did not specify them in detail in the cited provisions. Additional conditions for the imprisonment of the above-mentioned prisoners is contained in Art. 88b of the Penal Code, including round-the-clock closing of cells and more frequent inspections of prisoners by psychologists and wardens who work with this group of prisoners. The author then presents the findings of a research project entitledLegal and organisational-technical solutions in combating organised crime with particular reference to the issue of litigation evidence and the institution of a state witness,2000–2006. Among the problems raised in the study, there were issues of assessing the changes that resulted from the appearance of inmates who were members of criminal groups in prisons. The empirical material was comprised of the statements of 705 Prison Service officers, including 210 educators, 495 wardens, and 43 psychologists, who had direct contact with the convicts under study. The article discusses the following characteristics among convicted members of criminal groups: better material situation, higher intelligence level, more intensive care for tidiness in one’s cell, personal appearance and physical strength, increased entitlement, better orientation in one’s rights, or close contact with one’s family. In conclusion, the author draws particular attention to the danger of other convicts’material dependence on members of criminal groups. This situation can lead to members of criminal groups forcing the convicts benefiting from their material support to engage in behaviours that threaten the safety of Prison Service officers.

763-775

Authors: Paulina Wiktorska

The article is a study of the factors influencing the change in how the institution of conditional early release (from serving the remainder of a prison sentence) is applied for juveniles. The issue presented in the text pertains to conclusions from penitentiary research conducted by the author in the penal facility for juveniles in Wloclawek on convicts who applied for conditional release in the years 1996, 1999, and 2002. The aim of the analysis undertaken by Paulina Wiktorska is to assess the effectiveness of the application of the institution of conditional early release by this penitentiary court. The study concerns two cases of convicts – those released conditionally in a given year without applying for this institution and juvenile offenders who had previously applied for conditional early release and had the court rule against their application. In conclusion, the author cites the reasons for refusing to grant conditional release, such as general prevention goals, a premature end of the sentence, a disproportion between the sentence served and the sentence imposed, a failure to achieve the retributive function of the punishment, or citing grounds that do not comply with the requirements of the Penal Code. Wiktorska draws the readers’ attention to the necessity of focussing more on the conditions on which conditional early release is granted, rather than on tightening the policy of granting it. The primary goal of using this institution should be a preparation for freedom and not only a remission of part of a sentence.

791-801

Authors: Marek Andrzejewski

The underlying idea of the article is an attempt to answer whether the existence of children’s homes in an unchangeable and outdated form, developed under the previous system, is justified. The author wrote the article because he was urged to comment on the discussion caused by numerous media messages concerning the protection of the rights of children in institutions. The motive for this was the growing inaccuracies and oversimplifications that lacked careful analysis. Referring to his own experience, Marek Andrzejewski calls attention to the common contemporary underestimation of the usefulness of educational institutions. The author suggests that the failures of institutions do not lead to the necessary criticism and that the complexity of the institution of foster care gets lost in superficial public debate. The text cites the aftermath of a discussion that began in 1998 with a media campaign under the slogan of Let’s close children’s homes by the weekly magazine Polityka. As a result, a dozen or so articles appeared in the press arguing for the introduction of a modern approach to placing children in foster families and in care and educational institutions. The new approach was to support dysfunctional families. The public debate emphasised the need to expand the range of activities aimed at the parents and the rest of the family of a foster child, and to move away from focussingexclusivelyon the minor placed in an institution. According to the author, the new goal was to reintegrate the whole family from which the legal guardians of the child had previously been excluded. The text also presents the effects of the foster care reform initiated by the Buzek government, which entrusted the responsibility for running foster care centres and foster families to local governments, thereby establishing the district family assistance centres. The author cites arguments for not closing down the children’s homes, such as the well-established tradition of such institutions in democratic countries that respect human rights, the need to individually tailor the form of separatinga child from the family without using foster services that may prove harmful to and incompatible with the situation of a particular child, and the strong local presence of the institution. At the same time, Andrzejewski emphasises that not all children’s homes incorporate contemporary solutions in their work. For example, graduates of educational faculties who are not prepared to work in the institution, despite their enthusiasm and willingness, are not taught how to work with families. In his conclusions, the author warns against an antagonistic perception of institutional and family forms of foster care, which should not be pitted against each other. Andrzejewski suggests that more emphasis should be placed on the way of working in both types of foster care. Fundamental to this should be a move away from archaic forms of work to contemporary methods.

815-825

Authors: Władysław Czapliński

The article deals with the question of the criminal responsibility of natural persons for the crime of aggression in the context of the conditions set out in international criminal law. The author presents the issue of responsibility being difficult to define in regards to the current provisions of international law. The text presents the various stages of work on the definition of ‘acts of aggression’ by the international community. In his analysis, Władysław Czapliński points to UN General Assembly Resolution 3314 of 14 December 1974, which is the most important legal act as far as the crime of aggression is concerned. The author lists an armed attack on the territory of another state, military occupation, the annexation of conquered territory, the bombardment of other states, a blockade of ports and coasts, an attack of armed forces against the troops of another state, or sending armed groups and mercenaries by a state or on its behalf. Czaplińki emphasises here that this list of acts may be extended by the UN Security Council and only serves as an auxiliary. The paper presents the reasons for the Security Council’s failure to react to all manifestations that may meet the criteria of an act of aggression. Czapliński mentions the Security Council’s lack of powers to decide on the responsibility of a state for a particular act or the necessity for its members to be unanimous in order to take a decision on intervention. In conclusion, the author stresses the dependence of the jurisdictional competence of the court on the decisions of the Council, which contradicts the principle of the independence of an international court or tribunal, as well as the emergence of new forms of criminal activity, such as cyber-aggression, which are not criminalised under international law.

837-851

Authors: Marzena Kruk

The goal of this article is to characterise mediation as a form of conflict resolution between offenders and victims. The article provides the characteristics of the issue of conflict, indicating its different faces, types, and methods for resoltion. The author describes and characterises avoidance, competition, mitigation, cooperation, and negotiation as styles of reaction to conflict. Moving on to the main issue, Marzena Kruk describes consensual ways of solving disputes, including mediation as a form of restorative justice. The paper presents various concepts, including the theory of social stigma, social control, and reintegrative shaming, which have contributed to the growing importance of restorative justice in conflict resolution. The article also highlights figures pivotal to restorative justice, such as Nile Christie, who advocated that crimes should be resolved by those who are a party to them, believing that conflict should not be ‘appropriated’ by the state. The text also discusses the history of the development of mediation programmes since the mid-1970s worldwide and in Poland. The author analyses the number of cases submitted to mediation proceedings between 1999 and 2007 in Poland. In the conclusion of the text, Kruk points out the benefits of mediation for both the victim and the perpetrator and stresses the value of redress in conflict resolution.

859-869

Authors: Danuta Raś

The study touches upon the reasons for which a person becomes a criminal from the point of view of criminological studies by Batawia, Pawełczyńska, and Kępiński. It is based on an analysis of their most important research on the Holocaust in Poland, regarding the situation in the concentration camp in Auschwitz. Danuta Raś discusses the research questions and dilemmas of criminologists dealing with the source of crime and cruelty. The article tries to introduce the reader to the researchers’ conclusions. Among the most important observations on the behaviour that pushes people to perform acts of violence and cruelty, one could mention the influence of upbringing and living in a conducive parental and ideological atmosphere, as well as the will to totally submit to orders and to place one’s own fate in the hands of others. Raś assumes that, apart from the issue of biology, a factor that pushes people towards crime may be the influence of the family and community, though committing criminal acts is mainly influenced by the will of the perpetrator. The article leaves the reader with the suggestion that despite the passage of many years since the atrocities of the Second World War, criminologists and researchers are still asking themselves questions about the causes of evil and crime.

885-893

Authors: Halina Wantuła

This article discusses the essence, premises, and objectives of the abolitionist movement as a defence of humanitarian values. The text begins with Halina Wantuła’s definition of the term ‘abolitionism’, which covers various movements against social slavery. The author recalls the stages of evolution of the abolitionist approach in science and law, the beginnings of which can be traced back to the 1970s. The article also highlights the influence of the development of abolitionist thought on the preoccupation with the situation of convicted persons and possible abuses in this area. The author further compares the situation of prisoners to that of protesting workers, which was considered an important manifestation of the class struggle. The article emphasises that the ultimate goal of the abolitionists is to reject the penal system (abolishing prison sentences and leading to consensual and non-punitive practices). The text also shows the influence of the abolitionist movement on criminal law, which, according to the author, transpires as a theoretical perspective (relevant claims that justify the argument about the ineffectiveness of the penal system), a strategy (an offensive radical struggle for the humanisation of criminal law or a defensive gradual implementation of specific projects), and a moral call and practical activity (actions aiming at the complete abolition of prisons). In conclusion, the author suggests that in the abolitionist movement the moderate realism of its members is currently gaining the upper hand over radical extremism.

905-943

Authors: Andrzej Rzepliński

The author of this article takes an in-depth look at capital punishment in Poland under the summary execution procedure, using a selected example. For this purpose, he introduces a famous case (ref. IVK dor. 24/83), which was examined in a summary procedure by the Voivodship Court in Warsaw and as a result of which one of the perpetrators was finally sentenced to 25 years’ imprisonment and the other to the death penalty. Andrzej Rzepliński emphasises that the example under discussion was the most important trial on the death penalty in Poland at the time when the provisions of the 1969 Penal Code were in force. The article also discusses data relating to provincial courts that renounced the death penalty in the period of 1970 to 1998. The article then describes the crime committed by the two defendants and their profiles. In addition, it includes a profile of the victim and, most importantly, an in-depth analysis of the trial itself. It also contains an in-depth look at the punishment that was meted out to the perpetrators. The author describes at length the conduct and voting of the judges responsible for the verdict, the course of the unsuccessful proceedings to pardon one of the perpetrators, his 108-day stay on death row, and his execution. The study also includes a description of the social reception and media coverage of the case, which the author based on a survey of the newspapers and periodicals that appeared in the year of the execution. In conclusion, Rzepliński notes the insufficiently justified decision of the judges to hand down the sentence of imprisonment to one convict and of death to the other. He also draws attention to the fact that those dispensing justice are fallible, and that if they impose the death penalty, they have no opportunity to remedy the consequences of their error.