Pub Date : 2023-11-30DOI: 10.5604/01.3001.0054.1473
Dariusz Kala
Legal coercion is framed by certain norms. It takes an institutionalized form, while its use is legal and under social control. Unlawful coercion, on the other hand, is characterized by illegality (it is not based on the existing legal order). Legal coercion can be reduced to physical (physical coercion) or psychological (mental coercion) influence. The disciplinary custodial penalty is a means of legal coercion and is the most severe. This measure is classically isolationist, depriving the punished person of personal (locomotive) freedom. The behavior for which it is possible to impose the indicated disciplinary penalty boils down to a violation by the guilty person of the solemnity, peace or order of court activities. Its application serves the realization of procedural functions, which, on the grounds of criminal proceedings, should be reduced primarily to the realization of the conditions for a substantively correct (Article 2 1 point 1 of the Code of Criminal Procedure) and time-focused (Article 2 1 point 4 of the Code of Criminal Procedure, Article 45 paragraph 1 of the Constitution of the Republic of Poland) final resolution of the case being tried. Since the disciplinary penalty of Article 49 1 of the Act of 27th July 2001 Law on the common courts system, in its isolation form, is a measure that harms such a fundamental good as personal freedom, its adjudication should be carried out with due moderation and caution. In contrast, the very size of this extraordinarily troublesome disciplinary penalty must consider the nature of the offense (which, as a rule, has a significant burden of social harmfulness), the personal conditions of the punished person and the degree of guilt.
{"title":"Disciplinary custodial penalty under Article 49 1 of the act of 27th July 2001 law on the common courts system as an isolation coercive measure used in the criminal process","authors":"Dariusz Kala","doi":"10.5604/01.3001.0054.1473","DOIUrl":"https://doi.org/10.5604/01.3001.0054.1473","url":null,"abstract":"Legal coercion is framed by certain norms. It takes an institutionalized form, while its use is legal and under social control. Unlawful coercion, on the other hand, is characterized by illegality (it is not based on the existing legal order). Legal coercion can be reduced to physical (physical coercion) or psychological (mental coercion) influence. The disciplinary custodial penalty is a means of legal coercion and is the most severe. This measure is classically isolationist, depriving the punished person of personal (locomotive) freedom. The behavior for which it is possible to impose the indicated disciplinary penalty boils down to a violation by the guilty person of the solemnity, peace or order of court activities. Its application serves the realization of procedural functions, which, on the grounds of criminal proceedings, should be reduced primarily to the realization of the conditions for a substantively correct (Article 2 1 point 1 of the Code of Criminal Procedure) and time-focused (Article 2 1 point 4 of the Code of Criminal Procedure, Article 45 paragraph 1 of the Constitution of the Republic of Poland) final resolution of the case being tried. Since the disciplinary penalty of Article 49 1 of the Act of 27th July 2001 Law on the common courts system, in its isolation form, is a measure that harms such a fundamental good as personal freedom, its adjudication should be carried out with due moderation and caution. In contrast, the very size of this extraordinarily troublesome disciplinary penalty must consider the nature of the offense (which, as a rule, has a significant burden of social harmfulness), the personal conditions of the punished person and the degree of guilt.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139201470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-30DOI: 10.5604/01.3001.0054.0192
Jędrzej Dzięgielewski, Iga Barczak, Barbara Dalkowska, A. Junka, M. Bartoszewicz
Recommendation:By analyzing current research, the article provides useful strategies to prevent, detect, and treat HIV infection among the incarcerated population in the United States, emphasizing the critical need for interventions to mitigate the impact of the HIV epidemic among prisoners.Objective:The aim of this text is to present the challenges associated with the spread of the virus in the population incarcerated in correctional facilities and to emphasize the difficulties that the prison system faces in this context.Materials and Methods: Review of available literature using PubMed and Google Scholar platforms. Results and Conclusions: The article presents complex relationships between HIV infection and the prison system, emphasizing specific challenges and risk factors for infection. The history and evolution of the virus, its impact on the lives and health of prisoners, and issues related to treatment within the prison environment are discussed. The epidemiology of HIV in prisons is analyzed, pointing out positive trends, but further action is necessary. Ongoing intervention, improvement of access to healthcare, and collaboration are essential to effectively manage the issue of HIV infection among incarcerated individuals.Implications: The article implies that effective management of the HIV problem in the prison system requires a comprehensive approach, encompassing preventive strategies, equal access to healthcare, integration of care before and after release, elimination of racial and social disparities, as well as interinstitutional cooperation.
建议：通过分析当前的研究，文章为预防、检测和治疗美国被监禁人群中的艾滋病毒感染提供了有用的策略，强调了采取干预措施以减轻艾滋病毒在囚犯中流行的影响的迫切需要。目的：本文旨在介绍与惩教机构中被监禁人群中病毒传播有关的挑战，并强调监狱系统在此背景下面临的困难：材料与方法：使用 PubMed 和 Google Scholar 平台对现有文献进行回顾。结果和结论：文章介绍了艾滋病毒感染与监狱系统之间的复杂关系，强调了感染的具体挑战和风险因素。文章讨论了病毒的历史和演变、病毒对囚犯生活和健康的影响，以及在监狱环境中进行治疗的相关问题。分析了监狱中艾滋病毒的流行情况，指出了积极的趋势，但仍需采取进一步行动。持续干预、改善获得医疗保健的机会以及合作对于有效管理被监禁者中的艾滋病毒感染问题至关重要：这篇文章暗示，要有效管理监狱系统中的艾滋病问题，需要采取综合方法，包括预防策略、平等获得医疗保健、释放前后的综合护理、消除种族和社会差异以及机构间合作。
{"title":"An epidemic behind the bars: AIDS in American prisons","authors":"Jędrzej Dzięgielewski, Iga Barczak, Barbara Dalkowska, A. Junka, M. Bartoszewicz","doi":"10.5604/01.3001.0054.0192","DOIUrl":"https://doi.org/10.5604/01.3001.0054.0192","url":null,"abstract":"Recommendation:By analyzing current research, the article provides useful strategies to prevent, detect, and treat HIV infection among the incarcerated population in the United States, emphasizing the critical need for interventions to mitigate the impact of the HIV epidemic among prisoners.Objective:The aim of this text is to present the challenges associated with the spread of the virus in the population incarcerated in correctional facilities and to emphasize the difficulties that the prison system faces in this context.Materials and Methods: Review of available literature using PubMed and Google Scholar platforms. Results and Conclusions: The article presents complex relationships between HIV infection and the prison system, emphasizing specific challenges and risk factors for infection. The history and evolution of the virus, its impact on the lives and health of prisoners, and issues related to treatment within the prison environment are discussed. The epidemiology of HIV in prisons is analyzed, pointing out positive trends, but further action is necessary. Ongoing intervention, improvement of access to healthcare, and collaboration are essential to effectively manage the issue of HIV infection among incarcerated individuals.Implications: The article implies that effective management of the HIV problem in the prison system requires a comprehensive approach, encompassing preventive strategies, equal access to healthcare, integration of care before and after release, elimination of racial and social disparities, as well as interinstitutional cooperation.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":"143 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139203350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-30DOI: 10.5604/01.3001.0054.1613
Katarzyna Kaczmarczyk-Kłak
The currently applicable Penal Code provides for the possibility of imposing a life sentence on the perpetrator for an act committed by him after a final conviction for a crime against life and health, freedom, sexual freedom, public security or for an offense of a terrorist nature. Also with respect to the perpetrator whose nature and circumstances of the act as well as his personal characteristics indicate that remaining at large will pose a permanent threat to the life, health, liberty or sexual freedom of other persons. The above solution was assessed through the prism of the fundamental principle under the Constitution of the Republic of Poland – human dignity. Excluding the possibility of conditional early release deprives the convict of any hope of improving his fate, which should be treated as lifelong mental torture. Since dignity is the source of all human and citizen rights and freedoms and is inviolable, the legal solution adopted in this regard should be assessed negatively. The only extraordinary possibility provided for by law, i.e. the right of pardon provided for in the Constitution of the Republic of Poland, is a presidential prerogative, which does not have to be based on social rehabilitation progress during serving the sentence, which contradicts the essence of serving the sentence.
{"title":"A few remarks on the penalty of absolute imprisonment against the background of the principle of human dignity","authors":"Katarzyna Kaczmarczyk-Kłak","doi":"10.5604/01.3001.0054.1613","DOIUrl":"https://doi.org/10.5604/01.3001.0054.1613","url":null,"abstract":"The currently applicable Penal Code provides for the possibility of imposing a life sentence on the perpetrator for an act committed by him after a final conviction for a crime against life and health, freedom, sexual freedom, public security or for an offense of a terrorist nature. Also with respect to the perpetrator whose nature and circumstances of the act as well as his personal characteristics indicate that remaining at large will pose a permanent threat to the life, health, liberty or sexual freedom of other persons. The above solution was assessed through the prism of the fundamental principle under the Constitution of the Republic of Poland – human dignity. Excluding the possibility of conditional early release deprives the convict of any hope of improving his fate, which should be treated as lifelong mental torture. Since dignity is the source of all human and citizen rights and freedoms and is inviolable, the legal solution adopted in this regard should be assessed negatively. The only extraordinary possibility provided for by law, i.e. the right of pardon provided for in the Constitution of the Republic of Poland, is a presidential prerogative, which does not have to be based on social rehabilitation progress during serving the sentence, which contradicts the essence of serving the sentence.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139206282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-30DOI: 10.5604/01.3001.0054.0129
Agnieszka Nowogrodzka, N. Trzeszczyńska, Ewa Mojs
Attention Deficit Hyperactivity Disorder is a disorder whose symptoms are mostly observed in childhood, however, their intensity may also persist into adulthood. What is more, research shows that the very nature of this disorder’s symptoms is such that adults experience numerous secondary consequences of the disorder. The purpose of the described pilot studies was to determine the connection between hyperactivity disorder and criminal behaviour as well as between hyperactivity disorder and mental functioning understood as the experience of trauma, maladaptive emotional schemas and mental health. Two groups of convicts participated in the research: first offenders and recidivists in prison aged from 21 to 65. Each group consists of 20 people (40 in total). Participants in the study were recruited from semi-open prisons in Poland (Detention Centre in Poznań, Iława Prison). The control group consisted of men without a criminal record aged from 21 to 65 – 20 men in total. The DIVA 5.0 questionnaire was used in order to recognise the intensity of ADHD symptoms. Other questionnaires used in the study were the Childhood Trauma Questionnaire (CTQ), the Family Adaptability and Cohesion Scale IV (FACES-IV), Young Schema Questionnaire (YSQ) and the General Health Questionnaire (GHQ-30). The results of pilot studies demonstrate that ADHD materially correlates with the experience of early childhood trauma. ADHD intensity also correlates with the evaluation of family functioning – these people evaluated relationships in their families of origin more negatively than the control group. Finally, ADHD intensity correlates with the disclosure of maladaptive emotional schemas. Research results did not demonstrate a connection between the intensity of ADHD symptoms and the tendency to get into conflicts with the law.The conducted research is innovative in nature as it attempts to provide a multifactorial approach to relationship between ADHD and criminal behavior.
{"title":"The relationship between attention deficit hyperactivity disorder (ADHD) and criminal behavior: a psychological profile of convicts serving custodial sentences. Pilot studies","authors":"Agnieszka Nowogrodzka, N. Trzeszczyńska, Ewa Mojs","doi":"10.5604/01.3001.0054.0129","DOIUrl":"https://doi.org/10.5604/01.3001.0054.0129","url":null,"abstract":"Attention Deficit Hyperactivity Disorder is a disorder whose symptoms are mostly observed in childhood, however, their intensity may also persist into adulthood. What is more, research shows that the very nature of this disorder’s symptoms is such that adults experience numerous secondary consequences of the disorder. The purpose of the described pilot studies was to determine the connection between hyperactivity disorder and criminal behaviour as well as between hyperactivity disorder and mental functioning understood as the experience of trauma, maladaptive emotional schemas and mental health. Two groups of convicts participated in the research: first offenders and recidivists in prison aged from 21 to 65. Each group consists of 20 people (40 in total). Participants in the study were recruited from semi-open prisons in Poland (Detention Centre in Poznań, Iława Prison). The control group consisted of men without a criminal record aged from 21 to 65 – 20 men in total. The DIVA 5.0 questionnaire was used in order to recognise the intensity of ADHD symptoms. Other questionnaires used in the study were the Childhood Trauma Questionnaire (CTQ), the Family Adaptability and Cohesion Scale IV (FACES-IV), Young Schema Questionnaire (YSQ) and the General Health Questionnaire (GHQ-30). The results of pilot studies demonstrate that ADHD materially correlates with the experience of early childhood trauma. ADHD intensity also correlates with the evaluation of family functioning – these people evaluated relationships in their families of origin more negatively than the control group. Finally, ADHD intensity correlates with the disclosure of maladaptive emotional schemas. Research results did not demonstrate a connection between the intensity of ADHD symptoms and the tendency to get into conflicts with the law.The conducted research is innovative in nature as it attempts to provide a multifactorial approach to relationship between ADHD and criminal behavior.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":"61 40","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139196787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-30DOI: 10.5604/01.3001.0053.8728
Artur Furga
Almost immediately after the emergence of the SARS-CoV-2 coronavirus, it was observed that people with chronic diseases, including diabetes, presented an increased risk of hospitalization and mortality. Diabetes can increase the risk of COVID-associated mortality by more than six times. The hypothesis of a bidirectional relationship between COVID-19 and diabetes assumes that diabetes is a risk factor for worse outcomes of COVID-19 treatment and that coronavirus infection is a predisposing factor for newly diagnosed diabetes or hyperglycemic emergencies. New diagnoses or exacerbations of existing diabetes are associated with direct damage to the pancreas or the body's response to chronic inflammation, and ACE receptors play a large role in this pathomechanism. Restrictions implemented in many countries have resulted in poorer control and underdiagnosis of diabetes. In this review, we summarize the impact of acute COVID-19 on people with diabetes, discuss how presentation and epidemiology changed during the pandemic, and consider the broader impact of the pandemic on patients and healthcare delivery.
{"title":"COVID-19 and diabetes","authors":"Artur Furga","doi":"10.5604/01.3001.0053.8728","DOIUrl":"https://doi.org/10.5604/01.3001.0053.8728","url":null,"abstract":"Almost immediately after the emergence of the SARS-CoV-2 coronavirus, it was observed that people with chronic diseases, including diabetes, presented an increased risk of hospitalization and mortality. Diabetes can increase the risk of COVID-associated mortality by more than six times. The hypothesis of a bidirectional relationship between COVID-19 and diabetes assumes that diabetes is a risk factor for worse outcomes of COVID-19 treatment and that coronavirus infection is a predisposing factor for newly diagnosed diabetes or hyperglycemic emergencies. New diagnoses or exacerbations of existing diabetes are associated with direct damage to the pancreas or the body's response to chronic inflammation, and ACE receptors play a large role in this pathomechanism. Restrictions implemented in many countries have resulted in poorer control and underdiagnosis of diabetes. In this review, we summarize the impact of acute COVID-19 on people with diabetes, discuss how presentation and epidemiology changed during the pandemic, and consider the broader impact of the pandemic on patients and healthcare delivery.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136277048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-30DOI: 10.5604/01.3001.0053.8644
Ewa Grudziewska, Sylwia Huczuk- Kapluk
The role of personal competences in human life, especially of young people, plays a significant role. And coping with stress is one of them. Therefore, the aim of the research was to establish the relationship between the sense of personal competence and coping with stressful situations by juveniles from probation centers. The KompOs Scale by Z. Juczyński and the JSR Scale by Z. Juczyński and N. Ogińska-Bulik were used to collect the material, and 106 juveniles from probation centers took part in the research. The obtained results indicate that the juvenile respondents are characterized by an average level of personal competences and active coping with stress, which is important from the point of view of planning educational and social rehabilitation interactions. The optimal level of intensity of these variables allows us to satisfactorily establish and maintain interpersonal relationships and, in difficult, problematic or conflict situations, to deal with them effectively without harm to ourselves and other people.
{"title":"A sense of personal competence and coping with stressful situations of minors from probation centers","authors":"Ewa Grudziewska, Sylwia Huczuk- Kapluk","doi":"10.5604/01.3001.0053.8644","DOIUrl":"https://doi.org/10.5604/01.3001.0053.8644","url":null,"abstract":"The role of personal competences in human life, especially of young people, plays a significant role. And coping with stress is one of them. Therefore, the aim of the research was to establish the relationship between the sense of personal competence and coping with stressful situations by juveniles from probation centers. The KompOs Scale by Z. Juczyński and the JSR Scale by Z. Juczyński and N. Ogińska-Bulik were used to collect the material, and 106 juveniles from probation centers took part in the research. The obtained results indicate that the juvenile respondents are characterized by an average level of personal competences and active coping with stress, which is important from the point of view of planning educational and social rehabilitation interactions. The optimal level of intensity of these variables allows us to satisfactorily establish and maintain interpersonal relationships and, in difficult, problematic or conflict situations, to deal with them effectively without harm to ourselves and other people.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136277051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-30DOI: 10.5604/01.3001.0053.8718
Czesław Paweł Kłak
The author analyzes the amendment to the Executive Penal Code of 2022 in relation to the explicit introduction to this act of the possibility of conducting sexological tests in order to answer, among others, to the question whether the amendment was justified and necessary (necessary), whether in the amended legal status the sexological examination regulated in the K.K.W. does it have an independent character?; what is the scope of sexological examinations in enforcement proceedings; did the legislator correctly edit the indicated provisions relating to sexological examinations?, as well as whether the amendment to the Executive Penal Code – the legislator's explicit use of the concept of sexological examination – should lead to the amendment of the Code of Criminal Procedure, which does not know such a concept and does not clearly impose an obligation on the accused undergo such an examination? The author finally recognizes that the legislator has properly identified the area requiring legislative intervention, but at the same time he indicates arguments for the need to specify the adopted solutions.
{"title":"Sexological examination of the convicted and temporarily arrested in the amended (2022) Executive Penal Code","authors":"Czesław Paweł Kłak","doi":"10.5604/01.3001.0053.8718","DOIUrl":"https://doi.org/10.5604/01.3001.0053.8718","url":null,"abstract":"The author analyzes the amendment to the Executive Penal Code of 2022 in relation to the explicit introduction to this act of the possibility of conducting sexological tests in order to answer, among others, to the question whether the amendment was justified and necessary (necessary), whether in the amended legal status the sexological examination regulated in the K.K.W. does it have an independent character?; what is the scope of sexological examinations in enforcement proceedings; did the legislator correctly edit the indicated provisions relating to sexological examinations?, as well as whether the amendment to the Executive Penal Code – the legislator's explicit use of the concept of sexological examination – should lead to the amendment of the Code of Criminal Procedure, which does not know such a concept and does not clearly impose an obligation on the accused undergo such an examination? The author finally recognizes that the legislator has properly identified the area requiring legislative intervention, but at the same time he indicates arguments for the need to specify the adopted solutions.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136277050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-30DOI: 10.5604/01.3001.0053.8646
Michał Grudecki
In 2022, another attempt at a comprehensive amendment of the Penal Code was submitted to the Sejm. One of the proposed changes is the elimination of the penalty of 25 years imprisonment and its replacement with a term imprisonment with an extended upper limit from 15 to 30 years. This project is an opportunity to conduct an in-depth analysis of the sentence of 25 years imprisonment, paying particular attention to its advantages and disadvantages. It is also a chance for a comprehensive assessment of long-term imprisonment from the perspective of the function of criminal punishment and the principle of proportionality, which is a new element in Polish literature in this field. The author hypothesizes that neither leaving the penalty of 25 years imprisonment nor extending the term of imprisonment to 30 years is a correct solution from the point of view of the functions and principles of criminal law. Then he tries to prove its validity, using research methods adopted in jurisprudence: formal and dogmatic analysis of legal provisions, as well as a critical review of literature and judgements.The conducted research confirmed the hypothesis. In the author's opinion, long-term imprisonment may be negatively assessed from the perspective of the constitutional principle of proportionality. Instead of announcing postulates that provide for an increase in punitive criminal law by introducing more repressive penalties, it is worth considering taking the opposite actions, aimed at easing penal repression and focusing on effective resocialization. According to the author, the article may be a contribution to a discussion on changes in criminal policy, thus contributing to the development of criminal law and executive criminal law.
{"title":"Advantages and disadvantages of long-term penalties – considerations in connection with the removal of the penalty of 25 years of imprisonment from the Penal Code","authors":"Michał Grudecki","doi":"10.5604/01.3001.0053.8646","DOIUrl":"https://doi.org/10.5604/01.3001.0053.8646","url":null,"abstract":"In 2022, another attempt at a comprehensive amendment of the Penal Code was submitted to the Sejm. One of the proposed changes is the elimination of the penalty of 25 years imprisonment and its replacement with a term imprisonment with an extended upper limit from 15 to 30 years. This project is an opportunity to conduct an in-depth analysis of the sentence of 25 years imprisonment, paying particular attention to its advantages and disadvantages. It is also a chance for a comprehensive assessment of long-term imprisonment from the perspective of the function of criminal punishment and the principle of proportionality, which is a new element in Polish literature in this field. The author hypothesizes that neither leaving the penalty of 25 years imprisonment nor extending the term of imprisonment to 30 years is a correct solution from the point of view of the functions and principles of criminal law. Then he tries to prove its validity, using research methods adopted in jurisprudence: formal and dogmatic analysis of legal provisions, as well as a critical review of literature and judgements.The conducted research confirmed the hypothesis. In the author's opinion, long-term imprisonment may be negatively assessed from the perspective of the constitutional principle of proportionality. Instead of announcing postulates that provide for an increase in punitive criminal law by introducing more repressive penalties, it is worth considering taking the opposite actions, aimed at easing penal repression and focusing on effective resocialization. According to the author, the article may be a contribution to a discussion on changes in criminal policy, thus contributing to the development of criminal law and executive criminal law.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136277052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-30DOI: 10.5604/01.3001.0053.8653
Beata Maria Nowak, Marcin Strzelec
Based on the assumptions of the personalistic-existential concept of the sense of the quality of life, the authors of the article address the issue of planning the outside life by prisoners who were repeatedly sentenced to prison isolation. The article presents the results of a study aimed at comparing the life plans of penitentiary recidivists with their actual implementation, considering it an important determinant of the process of social readaptation and an indicator of prisoner’s efforts to change their current, criminal lifestyle. 245 penitentiary recidivists participated in the study that used the method of the diagnostic survey along with the corresponding technique of a categorized and narrative interview, in a written form. These documents were subject to the content analysis technique, which gave insight into the life plans of the respondents after the end of prison isolation, the discrepancies between the expectations and reality, and their effect on the sense of the quality of life. The results of the study show large discrepancies between expectations of functioning outside of incarceration of the surveyed recidivists and the actual implementation of their life plans. This gives grounds for the statement that this discrepancy significantly reduces the sense of the quality of life of former prisoners, and is a risk factor that may lead to recidivism.
{"title":"(Un)Safe life plans of the incarcerated in the context of recidivism","authors":"Beata Maria Nowak, Marcin Strzelec","doi":"10.5604/01.3001.0053.8653","DOIUrl":"https://doi.org/10.5604/01.3001.0053.8653","url":null,"abstract":"Based on the assumptions of the personalistic-existential concept of the sense of the quality of life, the authors of the article address the issue of planning the outside life by prisoners who were repeatedly sentenced to prison isolation. The article presents the results of a study aimed at comparing the life plans of penitentiary recidivists with their actual implementation, considering it an important determinant of the process of social readaptation and an indicator of prisoner’s efforts to change their current, criminal lifestyle. 245 penitentiary recidivists participated in the study that used the method of the diagnostic survey along with the corresponding technique of a categorized and narrative interview, in a written form. These documents were subject to the content analysis technique, which gave insight into the life plans of the respondents after the end of prison isolation, the discrepancies between the expectations and reality, and their effect on the sense of the quality of life. The results of the study show large discrepancies between expectations of functioning outside of incarceration of the surveyed recidivists and the actual implementation of their life plans. This gives grounds for the statement that this discrepancy significantly reduces the sense of the quality of life of former prisoners, and is a risk factor that may lead to recidivism.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136277046","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-30DOI: 10.5604/01.3001.0053.8643
Barbara Dalkowska, Artur Furga
The homelessness crisis in Poland poses a serious challenge to the state, with the number of homeless individuals exceeding 30,000 in 2019. In this paper we highlight one of the most common surgical issue of people experiencing homelessness – venous leg ulcers – and present current treatment guidelines. Homeless individuals, particularly exposed to inadequate living conditions, poor hygiene, and circulatory disorders, are at high risk of developing them. Venous ulcers are chronic wounds with prolonged and complex healing processes.They arise due to venous hypertension associated with chronic venous insufficiency and thrombosis. Often, specialized treatment is necessary, which is a challenge for homeless individuals due to difficulties in accessing regular care.The treatment of venous leg ulcers involves a multi-stage process. The gold standard for managing venous leg ulcers is compression therapy, which reduces edema and venous reflux. The TIME strategy outlines the approach to chronic wound management, emphasizing the importance of initial wound cleansing (surgically, enzymatically, or larvotherapy), infection prevention, maintaining proper moisture and wound edge preparation. This requires the use of suitable antiseptics, dressings, and wound hygiene.People experiencing homelessness face specific issues that necessitate a holistic approach, which includes health education, nutrition, and rehabilitation.
{"title":"Lower limb ulcers in people experiencing homelessness","authors":"Barbara Dalkowska, Artur Furga","doi":"10.5604/01.3001.0053.8643","DOIUrl":"https://doi.org/10.5604/01.3001.0053.8643","url":null,"abstract":"The homelessness crisis in Poland poses a serious challenge to the state, with the number of homeless individuals exceeding 30,000 in 2019. In this paper we highlight one of the most common surgical issue of people experiencing homelessness – venous leg ulcers – and present current treatment guidelines. Homeless individuals, particularly exposed to inadequate living conditions, poor hygiene, and circulatory disorders, are at high risk of developing them. Venous ulcers are chronic wounds with prolonged and complex healing processes.They arise due to venous hypertension associated with chronic venous insufficiency and thrombosis. Often, specialized treatment is necessary, which is a challenge for homeless individuals due to difficulties in accessing regular care.The treatment of venous leg ulcers involves a multi-stage process. The gold standard for managing venous leg ulcers is compression therapy, which reduces edema and venous reflux. The TIME strategy outlines the approach to chronic wound management, emphasizing the importance of initial wound cleansing (surgically, enzymatically, or larvotherapy), infection prevention, maintaining proper moisture and wound edge preparation. This requires the use of suitable antiseptics, dressings, and wound hygiene.People experiencing homelessness face specific issues that necessitate a holistic approach, which includes health education, nutrition, and rehabilitation.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136277053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：