Archiwum Kryminologii (Archives of Criminology)

7-26

Authors: Magdalena Grzyb

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.

39-55

Authors: Joanna Derlich-Mielczarek

The aim of this article is to analyse the limits of penal reaction to the phenomenon of prostitution. First, various legal systems are reviewed according to the treatment of prostitution. Penal responses to the said social problem such as prohibitionism, reglamentarism (and neore-glamentarism), and abolitionism are discussed. Apart from the positive aspects of legal solutions, the article presents also negative and criminogenic consequences of such solutions (along with description of particular examples). Finally, the article discusses the situation of persons providing sexual services in the view of Polish law. The article presents a conclusion that it is impossible to show the only right method of fight against prostitution. This results not only from the complexity of the said phenomenon but also from the need to refer to particular historical and cultural context of the phenomenon in each case being considered. Nevertheless, an attempt of drawing the boundaries of penal reaction to behaviours related to prostitution is made. In particular, separation of methods of fight with the phenomenon from the moral judgments of the phenomenon is suggested. This enables to free the criminal law from the role of upholder of moral standards which the criminal law is often attributed.

163-195

Authors: Dagmara Woźniakowska-Fajst

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.

213-225

Authors: Grzegorz Wrona

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.