Pub Date : 2023-06-30DOI: 10.5604/01.3001.0053.6701
M. Czechowska-Bieluga, Agnieszka Lewicka -Zelent, P. Zielińska
Undoubtedly, a pandemic is a crisis, which means that the lives of those who experience it will never be the same as before. It is certain that many people will suffer negative consequences, although observation alone does not provide sufficient evidence to confirm their occurrence. Therefore, it was decided to conduct research aimed at understanding the differences in the psychosocial effects of the pandemic between Poles in early, middle and late adulthood. Almost 300 people (n = 298) participated in the study conducted with the use of several research tools: The Fear of COVID-19 Scale in the Polish adaptation of Lewicka-Zelent and Czerski, the DJGLS Scale (in the Polish adaptation of P. Grygel, G. Humenny, S. Rbisz, P. witaj and J. Sikorska-Grygiel), the General Mood Scale and the Wojciszke and Barya Emotions Questionnaire, as well as the questionnaire by A. Lewicka-Zelent. The conducted analyzes proved that there are statistically significant differences between the compared groups of adults, especially in the severity of fear of COVID-19, experienced mood and emotions.
{"title":"The psychosocial effects of the pandemic Covid-19 between Poles in early, middle and late adulthood","authors":"M. Czechowska-Bieluga, Agnieszka Lewicka -Zelent, P. Zielińska","doi":"10.5604/01.3001.0053.6701","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6701","url":null,"abstract":"Undoubtedly, a pandemic is a crisis, which means that the lives of those who experience it will never be the same as before. It is certain that many people will suffer negative consequences, although observation alone does not provide sufficient evidence to confirm their occurrence. Therefore, it was decided to conduct research aimed at understanding the differences in the psychosocial effects of the pandemic between Poles in early, middle and late adulthood. Almost 300 people (n = 298) participated in the study conducted with the use of several research tools: The Fear of COVID-19 Scale in the Polish adaptation of Lewicka-Zelent and Czerski, the DJGLS Scale (in the Polish adaptation of P. Grygel, G. Humenny, S. Rbisz, P. witaj and J. Sikorska-Grygiel), the General Mood Scale and the Wojciszke and Barya Emotions Questionnaire, as well as the questionnaire by A. Lewicka-Zelent. The conducted analyzes proved that there are statistically significant differences between the compared groups of adults, especially in the severity of fear of COVID-19, experienced mood and emotions.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48611758","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 : 2023-06-30DOI: 10.5604/01.3001.0053.6711
Mariusz Karbowski
The author presents an innovative psychological perspective on destructiveness in the process of acculturation in the light of ressentiment, showing its connection with aggressive behavior. He defines the sphere of interest concerning negative emotions, such as hatred, malice, jealousy, envy and anger, in a cultural context. At the same time, he points out that there is the possibility of a positive impact on society and the importance of integration in the process of cultural assimilation. Referring to the views of John Berry, he shows four strategies of acculturation as a result of how to solve the basic issues faced by people in the direction of maintaining culture and personal identity affected by ressentiment.
{"title":"The destructive impact of ressentiment in the process of acculturation","authors":"Mariusz Karbowski","doi":"10.5604/01.3001.0053.6711","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6711","url":null,"abstract":"The author presents an innovative psychological perspective on destructiveness in the process of acculturation in the light of ressentiment, showing its connection with aggressive behavior. He defines the sphere of interest concerning negative emotions, such as hatred, malice, jealousy, envy and anger, in a cultural context. At the same time, he points out that there is the possibility of a positive impact on society and the importance of integration in the process of cultural assimilation. Referring to the views of John Berry, he shows four strategies of acculturation as a result of how to solve the basic issues faced by people in the direction of maintaining culture and personal identity affected by ressentiment.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44819249","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 : 2023-03-31DOI: 10.5604/01.3001.0016.2846
Wiesław Pływaczewski
The author presents green criminology and criminal ornithology i.e.,new directions of research interests in science about criminals and crime.He defines the material scope of both areas and points to contemporarychallenges related to environmental protection. Above all, he emphasizesthe rehabilitation and therapeutic potential of the presented disciplinesand highlights the usefulness of the so-called green programs and therapiesfor law enforcement, prisons, and other entities involved in crime prevention.In particular, he points to those areas related to the rehabilitation andreadaptation of offenders which may play an important preventive rolefrom the point of view of domestic and foreign penitentiary institutions.
{"title":"REHABILITATION AND THERAPEUTIC PROGRAMMESIN THE LIGHT OF GREEN CRIMINOLOGY (REFLECTIONS BASED ON THE EXPERIENCE OF SELECTED PENITENTIARY INSTITUTIONS)","authors":"Wiesław Pływaczewski","doi":"10.5604/01.3001.0016.2846","DOIUrl":"https://doi.org/10.5604/01.3001.0016.2846","url":null,"abstract":"The author presents green criminology and criminal ornithology i.e.,new directions of research interests in science about criminals and crime.He defines the material scope of both areas and points to contemporarychallenges related to environmental protection. Above all, he emphasizesthe rehabilitation and therapeutic potential of the presented disciplinesand highlights the usefulness of the so-called green programs and therapiesfor law enforcement, prisons, and other entities involved in crime prevention.In particular, he points to those areas related to the rehabilitation andreadaptation of offenders which may play an important preventive rolefrom the point of view of domestic and foreign penitentiary institutions.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48600693","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 : 2023-03-31DOI: 10.5604/01.3001.0016.2853
Dariusz Kuberski
The article regards the legal prerequisites for excluding the use of the electronic tagging system, in particular the relationship between the provisions of Article 431a 1 (1) of the Penal Enforcement Code and the provisions of Article 65 1 and 2 of the Penal Code. The article draws attention to the increasing use of the electronic tagging system in Poland and the benefits resulting from this fact. The publication contains an analysis of the problem of whether a conviction for a crime from the commission of which the offender has made a regular source of income or committed a crime acting in an organized group or association aimed at committing a crime and for a crime of a terrorist nature - constitute a negative premise for the use of the electronic tagging system. The article draws attention to the practical aspect of the problem raised in connection with the divergent interpretation of the above-mentioned provisions, which leads to a situation in which, in the same factual and legal situations, common courts issue divergent rulings. The author, assessing the relationship between the provisions of the Penal Enforcement Code and the Penal Code, notes that the provisions of the Penal Code are applicable in executive proceedings only in the event that the Penal Enforcement Code contains a direct reference to them. The author finally comes to the conclusion that the conviction of the offender for crimes listed in Article 65 1 and 2 of the Penal Code does not constitute a legal obstacle to the issuance of a ruling allowing the offender to serve his sentence in the electronic tagging system. The position expressed in the work has been supported by views presented in the literature and case law.
{"title":"CONVICTION UNDER THE CONDITIONS OF ARTICLE 65 1 AND 2 OF THE PENAL CODE AS A NEGATIVE PREREQUISITE FOR THE USE OF THE ELECTRONIC TAGGING SYSTEM INTERPRETATIVE DOUBTS","authors":"Dariusz Kuberski","doi":"10.5604/01.3001.0016.2853","DOIUrl":"https://doi.org/10.5604/01.3001.0016.2853","url":null,"abstract":"The article regards the legal prerequisites for excluding the use of the electronic tagging system, in particular the relationship between the provisions of Article 431a 1 (1) of the Penal Enforcement Code and the provisions of Article 65 1 and 2 of the Penal Code. The article draws attention to the increasing use of the electronic tagging system in Poland and the benefits resulting from this fact. The publication contains an analysis of the problem of whether a conviction for a crime from the commission of which the offender has made a regular source of income or committed a crime acting in an organized group or association aimed at committing a crime and for a crime of a terrorist nature - constitute a negative premise for the use of the electronic tagging system. The article draws attention to the practical aspect of the problem raised in connection with the divergent interpretation of the above-mentioned provisions, which leads to a situation in which, in the same factual and legal situations, common courts issue divergent rulings. The author, assessing the relationship between the provisions of the Penal Enforcement Code and the Penal Code, notes that the provisions of the Penal Code are applicable in executive proceedings only in the event that the Penal Enforcement Code contains a direct reference to them. The author finally comes to the conclusion that the conviction of the offender for crimes listed in Article 65 1 and 2 of the Penal Code does not constitute a legal obstacle to the issuance of a ruling allowing the offender to serve his sentence in the electronic tagging system. The position expressed in the work has been supported by views presented in the literature and case law.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48240402","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 : 2023-03-31DOI: 10.5604/01.3001.0016.2855
Arkadiusz Bieliński
The issues of mediation and the resulting agreement in the form of a settlement have been present in the society for many years. Despite this, the above issues are still popular due to the continuing doubts. This is dictated by various factors, including the specificity of the procedure in which mediation occurs. As it seems, this is clearly visible in the Executive Penal Code, where, due to the goals to be met by the settlement concluded as part of mediation proceedings and the residual regulation of Art. 162 1 sentence 1 of the Executive Penal Code, these doubts are fully justified. Therefore, in this study an attempt was made to consider the possibility of using the solutions from the Code of Civil Procedure and the Civil Code on the basis of Executive Penal Code.
{"title":"A MEDIATION SETTLEMENT UNDER THE CIVIL PROCEDURE CODE AND A SETTLEMENT UNDER ART. 162 OF EXECUTIVE PENAL CODE SELECTED ISSUES","authors":"Arkadiusz Bieliński","doi":"10.5604/01.3001.0016.2855","DOIUrl":"https://doi.org/10.5604/01.3001.0016.2855","url":null,"abstract":"The issues of mediation and the resulting agreement in the form of a settlement have been present in the society for many years. Despite this, the above issues are still popular due to the continuing doubts. This is dictated by various factors, including the specificity of the procedure in which mediation occurs. As it seems, this is clearly visible in the Executive Penal Code, where, due to the goals to be met by the settlement concluded as part of mediation proceedings and the residual regulation of Art. 162 1 sentence 1 of the Executive Penal Code, these doubts are fully justified. Therefore, in this study an attempt was made to consider the possibility of using the solutions from the Code of Civil Procedure and the Civil Code on the basis of Executive Penal Code.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48995372","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 : 2023-03-31DOI: 10.5604/01.3001.0016.2856
Weronika Ścibor
The article contains selected issues concerning the institution of forfeiture in Polish criminal law and its compatibility with the constitutional protection of property. The nature of compensatory measures as a special type of criminal measures is discussed. The above-mentioned issues remain a prelude to those discussed in the following parts of this article and form the foundation of the conclusions, providing a view of the legal order with the historical context and references to constitutional law. The institution of forfeiture is also discussed along with showing the characteristics of corporate forfeiture. Analysing the institution of forfeiture in the Polish criminal law, the prerequisites of its adjudication provided by the legislator in the penal code in force have been indicated. Selected issues concerning the consequences of imposing the forfeiture on the basis of legal regulations and doctrine are also presented. The culmination of considerations undertaken in this article is the juxtaposition of the institution of forfeiture with the provisions concerning the constitutional protection of the right to property. The comments from the doctrine and jurisprudence on the nature of this right, as well as the conclusions, inferences and arguments confirming the fulfilment of the aim of this article are included here. An assessment of the compliance of the substantive criminal law provisions concerning the adjudication of forfeiture with the provisions of the Constitution of the Republic of Poland relating to the protection of the right to property has been indicated, as well as conclusions concerning the intention and expected effectiveness of the institution of forfeiture by the legislator. The article has been developed through the use of the historical-legal and dogmatic-legal method. The aim of this article is to present the discussed measure of criminal reaction in Polish criminal law juxtaposing this issue to the essence of the right to property and its constitutional protection. The existence of the institution of forfeiture is significant in terms of both substantive and procedural criminal law. The present considerations lead to an answer to the question whether the current provisions on forfeiture do not constitute a violation of the constitutional right to property and whether they are compatible with it.
{"title":"FORFEITURE IN POLISH CRIMINAL LAW AND THE CONSTITUTIONAL PROTECTION OF PROPERTY SELECTED ISSUES","authors":"Weronika Ścibor","doi":"10.5604/01.3001.0016.2856","DOIUrl":"https://doi.org/10.5604/01.3001.0016.2856","url":null,"abstract":"The article contains selected issues concerning the institution of forfeiture in Polish criminal law and its compatibility with the constitutional protection of property. The nature of compensatory measures as a special type of criminal measures is discussed. The above-mentioned issues remain a prelude to those discussed in the following parts of this article and form the foundation of the conclusions, providing a view of the legal order with the historical context and references to constitutional law. The institution of forfeiture is also discussed along with showing the characteristics of corporate forfeiture. Analysing the institution of forfeiture in the Polish criminal law, the prerequisites of its adjudication provided by the legislator in the penal code in force have been indicated. Selected issues concerning the consequences of imposing the forfeiture on the basis of legal regulations and doctrine are also presented. The culmination of considerations undertaken in this article is the juxtaposition of the institution of forfeiture with the provisions concerning the constitutional protection of the right to property. The comments from the doctrine and jurisprudence on the nature of this right, as well as the conclusions, inferences and arguments confirming the fulfilment of the aim of this article are included here. An assessment of the compliance of the substantive criminal law provisions concerning the adjudication of forfeiture with the provisions of the Constitution of the Republic of Poland relating to the protection of the right to property has been indicated, as well as conclusions concerning the intention and expected effectiveness of the institution of forfeiture by the legislator. The article has been developed through the use of the historical-legal and dogmatic-legal method. The aim of this article is to present the discussed measure of criminal reaction in Polish criminal law juxtaposing this issue to the essence of the right to property and its constitutional protection. The existence of the institution of forfeiture is significant in terms of both substantive and procedural criminal law. The present considerations lead to an answer to the question whether the current provisions on forfeiture do not constitute a violation of the constitutional right to property and whether they are compatible with it.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43274332","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 : 2023-03-31DOI: 10.5604/01.3001.0016.2847
Krzysztof Wiak, Zuzanna B. Gądzik
The article concerns the latest changes in the institution of conditional release, contained in the Act of 7 July 2022 amending the Act the Penal Code and some other acts. Although these provisions have not been in force yet, their enactment may significantly affect the current shape and tighten the rules of criminal liability. It is worth mentioning that this is another attempt to amend the Penal Code in this respect. The article interprets provisions directly modifying the current form and scope of application of the indicated probation measure, as well as their consequences for the entire criminal law system. The context and ratio legis of the amendment, which includes the discussed changes, related to the tightening of the principles of criminal liability and the increase in the preventive function of criminal law, were taken into account. The article also refers to some controversial solutions concerning, i.a. exclusion of the possibility of applying conditional release in relation to certain categories of perpetrators. At the same time, an attempt was made to assess the constitutionality of some of the planned changes and their significance from the point of view of human rights protection.
{"title":"CHANGES IN THE INSTITUTION OF CONDITIONAL RELEASE CONTAINED IN THE ACT OF 7 JULY 2022 AMENDING THE PENAL CODE","authors":"Krzysztof Wiak, Zuzanna B. Gądzik","doi":"10.5604/01.3001.0016.2847","DOIUrl":"https://doi.org/10.5604/01.3001.0016.2847","url":null,"abstract":"The article concerns the latest changes in the institution of conditional release, contained in the Act of 7 July 2022 amending the Act the Penal Code and some other acts. Although these provisions have not been in force yet, their enactment may significantly affect the current shape and tighten the rules of criminal liability. It is worth mentioning that this is another attempt to amend the Penal Code in this respect. The article interprets provisions directly modifying the current form and scope of application of the indicated probation measure, as well as their consequences for the entire criminal law system. The context and ratio legis of the amendment, which includes the discussed changes, related to the tightening of the principles of criminal liability and the increase in the preventive function of criminal law, were taken into account. The article also refers to some controversial solutions concerning, i.a. exclusion of the possibility of applying conditional release in relation to certain categories of perpetrators. At the same time, an attempt was made to assess the constitutionality of some of the planned changes and their significance from the point of view of human rights protection.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45989252","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 : 2023-03-31DOI: 10.5604/01.3001.0016.2850
Anna Kalisz
Having regard to contemporary concepts of law it is easy to notice that many of them emphasize the role of communication and dialogue in law. Such dialog is based on mutual understanding or at least recognition of needs. The paper is an attempt to combine legal and social philosophy with theory and practice of mediation (mainly post-judgment mediation), including author's own experience as a mediator. The paper presents an interdisciplinary (within the legal sciences) approach, as it refers to both criminal and family law, to theory and practice of mediation and to legal theory and philosophy.First part of the paper deals with a selected type of mediation - post-sentence mediation in family and criminal cases. It shows both their hybrid nature and the pros and cons for mediation in such cases. The latter one refers to the theory of recognition, provided in the conception of law as communication.The theoretical and indirect aim of the article is to describe the recognition theory of A. Honneth against the background of the meta-need for recognition as a starting point for successful mediation. The direct and practical purpose is to emphasise the link between mediation (in general) and the recognition achieved through it and (in particular) with resolution of family disputes involving criminal elements.The paper is based on the relevant literature, legal provisions and complementarily police and mediation statistics. The paper is dominated by the logico-linguistic method, although some conclusions results from participant observation, i.e. the author's own mediation practice.As a conclusion, it was emphasised that the legal element is often only the 'tip of the iceberg' in disputes arising from family life, which, occasionally, determine the disputes governed by criminal law, and in such cases mediation serves as a multidisciplinary tool to achieve or restore mutual recognition and dignity.In its intention, the study is intended to imply both a better understanding of both the hybrid nature of mediation in family related criminal disputes and as well the role not to be underestimated of the non-legal element of recognition in their resolution. This, in turn, may have both theoretical implications (looking at family related criminal mediation not from the point of view of a discrepancies between branches of law, but through a holistic perspective) and practical implications (using mediation strategies and techniques to address the need for mutual recognition).
{"title":"THE ROLE OF MUTUAL RECOGNITION IN HYBRID MEDIATION OF FAMILY-RELATED CRIMINAL DISPUTES","authors":"Anna Kalisz","doi":"10.5604/01.3001.0016.2850","DOIUrl":"https://doi.org/10.5604/01.3001.0016.2850","url":null,"abstract":"Having regard to contemporary concepts of law it is easy to notice that many of them emphasize the role of communication and dialogue in law. Such dialog is based on mutual understanding or at least recognition of needs. The paper is an attempt to combine legal and social philosophy with theory and practice of mediation (mainly post-judgment mediation), including author's own experience as a mediator. The paper presents an interdisciplinary (within the legal sciences) approach, as it refers to both criminal and family law, to theory and practice of mediation and to legal theory and philosophy.First part of the paper deals with a selected type of mediation - post-sentence mediation in family and criminal cases. It shows both their hybrid nature and the pros and cons for mediation in such cases. The latter one refers to the theory of recognition, provided in the conception of law as communication.The theoretical and indirect aim of the article is to describe the recognition theory of A. Honneth against the background of the meta-need for recognition as a starting point for successful mediation. The direct and practical purpose is to emphasise the link between mediation (in general) and the recognition achieved through it and (in particular) with resolution of family disputes involving criminal elements.The paper is based on the relevant literature, legal provisions and complementarily police and mediation statistics. The paper is dominated by the logico-linguistic method, although some conclusions results from participant observation, i.e. the author's own mediation practice.As a conclusion, it was emphasised that the legal element is often only the 'tip of the iceberg' in disputes arising from family life, which, occasionally, determine the disputes governed by criminal law, and in such cases mediation serves as a multidisciplinary tool to achieve or restore mutual recognition and dignity.In its intention, the study is intended to imply both a better understanding of both the hybrid nature of mediation in family related criminal disputes and as well the role not to be underestimated of the non-legal element of recognition in their resolution. This, in turn, may have both theoretical implications (looking at family related criminal mediation not from the point of view of a discrepancies between branches of law, but through a holistic perspective) and practical implications (using mediation strategies and techniques to address the need for mutual recognition).","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47977657","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 : 2023-03-31DOI: 10.5604/01.3001.0016.2848
Igor Zgoliński
The paper discusses the restraining order, an instrument which is currentlypresent in three Polish penal codes, namely, the Penal Code, theCode of Penal Procedure, and the Penal Enforcement Code. Therefore,it should be considered a widely-used instrument of criminal policy. Thegenesis of its introduction into the legal order is rather surprising, as theproposal to implement this type of measure appeared only at a fairly advancedstage of parliamentary works. The main objective of the paper isto show the current shape of the main provisions regulating the restrainingorder in the particular codes and attempt to answer the question whetherthese provisions are sufficient, thus assessing the potential of the order.
{"title":"THE RESTRAINING ORDER. SELECTED OBSERVATIONS FROM THE AREA OF SUBSTANTIVE, PROCEDURAL, AND ENFORCEMENT LAW","authors":"Igor Zgoliński","doi":"10.5604/01.3001.0016.2848","DOIUrl":"https://doi.org/10.5604/01.3001.0016.2848","url":null,"abstract":"The paper discusses the restraining order, an instrument which is currentlypresent in three Polish penal codes, namely, the Penal Code, theCode of Penal Procedure, and the Penal Enforcement Code. Therefore,it should be considered a widely-used instrument of criminal policy. Thegenesis of its introduction into the legal order is rather surprising, as theproposal to implement this type of measure appeared only at a fairly advancedstage of parliamentary works. The main objective of the paper isto show the current shape of the main provisions regulating the restrainingorder in the particular codes and attempt to answer the question whetherthese provisions are sufficient, thus assessing the potential of the order.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42347121","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 : 2023-03-31DOI: 10.5604/01.3001.0016.2852
Konrad Burdziak, Magdalena Kowalewska-Łukuć
The aim of this paper is to give an adequate answer to the question of the status of information obtained by a psychologist in the course of his/her profession. This answer is closely related to the examination of whether such information constitutes a secret within the meaning of the Code of Criminal Procedure and whether it is a "professional secret", as referred to in Article 180 1 of the Code of Criminal Procedure, or a "medical secret", as referred to in Article 180 2 of the Code of Criminal Procedure. In order to examine these issues, the authors have used the analysis of normative material relating to the issue under examination, primarily the Act of 6 June 1997 - the Code of Criminal Procedure; and the analysis of the views of the doctrine of criminal law. The considerations contained in this paper, which illuminate the issue of professional secrecy of a psychologist, including also, or perhaps above all, its importance and relevance to practising this profession reliably and responsibly, lead to the conclusion that it is necessary to equate professional secrecy of a psychologist with medical secrecy.
{"title":"PSYCHOLOGIST'S PROFESSIONAL SECRECY VERSUS SECRECY IN CRIMINAL PROCEEDINGS","authors":"Konrad Burdziak, Magdalena Kowalewska-Łukuć","doi":"10.5604/01.3001.0016.2852","DOIUrl":"https://doi.org/10.5604/01.3001.0016.2852","url":null,"abstract":"The aim of this paper is to give an adequate answer to the question of the status of information obtained by a psychologist in the course of his/her profession. This answer is closely related to the examination of whether such information constitutes a secret within the meaning of the Code of Criminal Procedure and whether it is a \"professional secret\", as referred to in Article 180 1 of the Code of Criminal Procedure, or a \"medical secret\", as referred to in Article 180 2 of the Code of Criminal Procedure. In order to examine these issues, the authors have used the analysis of normative material relating to the issue under examination, primarily the Act of 6 June 1997 - the Code of Criminal Procedure; and the analysis of the views of the doctrine of criminal law. The considerations contained in this paper, which illuminate the issue of professional secrecy of a psychologist, including also, or perhaps above all, its importance and relevance to practising this profession reliably and responsibly, lead to the conclusion that it is necessary to equate professional secrecy of a psychologist with medical secrecy.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45169614","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}
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