Pub Date : 2023-03-31DOI: 10.5604/01.3001.0016.2854
Piotr Sławicki
The aim of the article is to present de lege ferenda postulates regarding the status of a mediator. Current regulations indicate certain requirements regarding formal conditions and rules for disclosing a mediator in the list of institutions and persons authorized to conduct mediation proceedings in the field of criminal matters. The specificity of the criminal executive proceedings, in particular the admissibility of conducting mediation proceedings in solitary confinement, requires the introduction of special provisions regarding the status of a mediator conducting mediation after the sentence.The article uses the dogmatic-legal method, but its main assumption - in the absence of a separate legal regulation in this area - is the formulation of de lege ferenda postulates.This study is divided into three parts. The first chapter presents the general principles of regulating the status of a mediator in Polish law. Then, the current normative solutions regarding the role of the mediator in mediation after the judgment and an attempt to interpret them will be subject to evaluation. The last part will contain de lege ferenda postulates indicating the directions and scope of the required changes.The presented considerations lead to the conclusion that legislative intervention is necessary in the scope of specifying the status of the mediator at the stage of mediation after the judgment, in particular with regard to the rights and obligations related to the course of mediation in solitary confinement. In order to ensure proper flexibility of legal regulations and their adaptation to individual penitentiary units, one should first of all postulate the regulation at the level of internal regulations.This study is an innovative approach to the presented issues, taking into account the practical experience of mediators operating within the Lublin Center for Arbitration and Mediation at the John Paul II Catholic University of Lublin in mediation after the sentence in the District Inspectorate of Prison Service in Lublin.
{"title":"MEDIATOR STATUS IN CRIMINAL EXECUTIVE PROCEEDINGS DE LEGE FERENDA","authors":"Piotr Sławicki","doi":"10.5604/01.3001.0016.2854","DOIUrl":"https://doi.org/10.5604/01.3001.0016.2854","url":null,"abstract":"The aim of the article is to present de lege ferenda postulates regarding the status of a mediator. Current regulations indicate certain requirements regarding formal conditions and rules for disclosing a mediator in the list of institutions and persons authorized to conduct mediation proceedings in the field of criminal matters. The specificity of the criminal executive proceedings, in particular the admissibility of conducting mediation proceedings in solitary confinement, requires the introduction of special provisions regarding the status of a mediator conducting mediation after the sentence.The article uses the dogmatic-legal method, but its main assumption - in the absence of a separate legal regulation in this area - is the formulation of de lege ferenda postulates.This study is divided into three parts. The first chapter presents the general principles of regulating the status of a mediator in Polish law. Then, the current normative solutions regarding the role of the mediator in mediation after the judgment and an attempt to interpret them will be subject to evaluation. The last part will contain de lege ferenda postulates indicating the directions and scope of the required changes.The presented considerations lead to the conclusion that legislative intervention is necessary in the scope of specifying the status of the mediator at the stage of mediation after the judgment, in particular with regard to the rights and obligations related to the course of mediation in solitary confinement. In order to ensure proper flexibility of legal regulations and their adaptation to individual penitentiary units, one should first of all postulate the regulation at the level of internal regulations.This study is an innovative approach to the presented issues, taking into account the practical experience of mediators operating within the Lublin Center for Arbitration and Mediation at the John Paul II Catholic University of Lublin in mediation after the sentence in the District Inspectorate of Prison Service in Lublin.","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":"45391219","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 : 2022-12-31DOI: 10.5604/01.3001.0016.1625
Tomasz Demendecki
The subject of this study is a critical analysis of the current solutions in the field of civil procedural law, concerning the mechanism of ensuring the effectiveness and enforceability of foreign judgments on the territory of the Republic of Poland. As part of the 2008 amendment to the Code of Civil Procedure, the legislator removed from art. 1148, providing for the obligatory participation of the prosecutor in the delibation proceedings. Contrary to the previously and currently applicable regulations of the civil procedural law, it is proposed to leave the exclusion of the obligatory participation of the prosecutor in the delibation proceedings. At the same time, the possible introduction of the adjudicating court's obligation to inform the indicated public interest ombudsman about the initiation of delibation proceedings is under consideration, leaving the prosecutor an independent decision on whether to join the initiated proceedings (Article 59 in connection with Article 13 § 2 of the Code of Civil Procedure). Such a solution, providing for the obligation of the court to deliver to the prosecutor a copy of each motion initiating delibation proceedings, would be a compromise, because on the one hand it should not result in an excessive increase in the obligations of the prosecutor's office, but on the other hand, in doubtful situations it would allow for the real participation of the prosecutor in the proceedings.
{"title":"The postulated model of the prosecutor's participation in the delibation proceedings in civil cases. De lege lata and de lege ferenda remarks","authors":"Tomasz Demendecki","doi":"10.5604/01.3001.0016.1625","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1625","url":null,"abstract":"The subject of this study is a critical analysis of the current solutions in the field of civil procedural law, concerning the mechanism of ensuring the effectiveness and enforceability of foreign judgments on the territory of the Republic of Poland. As part of the 2008 amendment to the Code of Civil Procedure, the legislator removed from art. 1148, providing for the obligatory participation of the prosecutor in the delibation proceedings. Contrary to the previously and currently applicable regulations of the civil procedural law, it is proposed to leave the exclusion of the obligatory participation of the prosecutor in the delibation proceedings. At the same time, the possible introduction of the adjudicating court's obligation to inform the indicated public interest ombudsman about the initiation of delibation proceedings is under consideration, leaving the prosecutor an independent decision on whether to join the initiated proceedings (Article 59 in connection with Article 13 § 2 of the Code of Civil Procedure). Such a solution, providing for the obligation of the court to deliver to the prosecutor a copy of each motion initiating delibation proceedings, would be a compromise, because on the one hand it should not result in an excessive increase in the obligations of the prosecutor's office, but on the other hand, in doubtful situations it would allow for the real participation of the prosecutor in the proceedings.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42611947","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 : 2022-12-31DOI: 10.5604/01.3001.0016.1255
Bożenna Piątkowska, Klaudia Skelnik
Money laundering is and certainly will be the subject of many studies in which this concept is presented in criminological and forensic terms - examples of studies: E. Pływaczewski, Money Laundering. Possibilities of counteraction taking into account the role of the banking system, Toruń 1993; J.W. Wójcik, Counteracting Money Laundering, Kraków 2004; J. Grzywacz, Money Laundering, Warsaw 2011; W.C. Gilmore, Dirty Money: Methods of Counteracting Money Laundering, Warsaw 1999; W. Jasiński, Money Laundering, Warsaw 1999. An extremely important legal aspect cannot be overlooked, due to the negative effects that this practice has in the economic area, by introducing values from illegal sources into it. Therefore, it is understandable that normative acts are being developed in international, global and national forums in order to develop appropriate mechanisms that will ensure the most effective protection against this practice. At the same time, it should be noted that to a large extent the latter legal regulations are based on EU regulations. This is dictated by the fact that EU directives are a kind of signpost for EU countries, because when creating national legal acts, they should take into account the aspects contained in these directives in the field of anti-money laundering. The aim of this article is to answer the research problems posed: How the provisions of Polish legislation in the field of counteracting money laundering were shaped. How do statutory provisions differ from EU regulations? How can statutory provisions affect the different regulation of the system of combating money laundering? How the solutions of the EU directive were transposed into the national legal order? The formulation of research problems made it possible to generate the main objective of the research, which is to assess the transposition of the solutions of the EU directive into the national legal order and its impact on the regulation of the money laundering system. In addition, the subject issue was presented, in particular in terms of the practical application of the provisions of the Act of 1 March 2018 on counteracting money laundering and terrorist financing by obliged institutions and the issue of adapting national provisions to EU regulations, including primarily in relation to the IV, V and VI AML Directives. As part of the research, the formal and dogmatic method was used, as part of which national and EU legal acts relating to the studied issues were analyzed. In addition, as part of the participatory observation, experience from participation in the implementations of the solutions described in the article was pointed out and on their basis a research hypothesis was formulated: Errors in transposing the solutions of the EU directive into the national legal order caused differences in Polish regulations, which causes different regulations of the money laundering system. Before starting the analysis of legal solutions in this area, a very simplified i
{"title":"Binding solutions in the penality system in the related institutions in the context Anti -money laundering directive","authors":"Bożenna Piątkowska, Klaudia Skelnik","doi":"10.5604/01.3001.0016.1255","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1255","url":null,"abstract":"Money laundering is and certainly will be the subject of many studies in which this concept is presented in criminological and forensic terms - examples of studies: E. Pływaczewski, Money Laundering. Possibilities of counteraction taking into account the role of the banking system, Toruń 1993; J.W. Wójcik, Counteracting Money Laundering, Kraków 2004; J. Grzywacz, Money Laundering, Warsaw 2011; W.C. Gilmore, Dirty Money: Methods of Counteracting Money Laundering, Warsaw 1999; W. Jasiński, Money Laundering, Warsaw 1999. An extremely important legal aspect cannot be overlooked, due to the negative effects that this practice has in the economic area, by introducing values from illegal sources into it. Therefore, it is understandable that normative acts are being developed in international, global and national forums in order to develop appropriate mechanisms that will ensure the most effective protection against this practice. At the same time, it should be noted that to a large extent the latter legal regulations are based on EU regulations. This is dictated by the fact that EU directives are a kind of signpost for EU countries, because when creating national legal acts, they should take into account the aspects contained in these directives in the field of anti-money laundering. The aim of this article is to answer the research problems posed: \u0000How the provisions of Polish legislation in the field of counteracting money laundering were shaped. How do statutory provisions differ from EU regulations? \u0000How can statutory provisions affect the different regulation of the system of combating money laundering? \u0000How the solutions of the EU directive were transposed into the national legal order? \u0000The formulation of research problems made it possible to generate the main objective of the research, which is to assess the transposition of the solutions of the EU directive into the national legal order and its impact on the regulation of the money laundering system. In addition, the subject issue was presented, in particular in terms of the practical application of the provisions of the Act of 1 March 2018 on counteracting money laundering and terrorist financing by obliged institutions and the issue of adapting national provisions to EU regulations, including primarily in relation to the IV, V and VI AML Directives.\u0000As part of the research, the formal and dogmatic method was used, as part of which national and EU legal acts relating to the studied issues were analyzed. In addition, as part of the participatory observation, experience from participation in the implementations of the solutions described in the article was pointed out and on their basis a research hypothesis was formulated: Errors in transposing the solutions of the EU directive into the national legal order caused differences in Polish regulations, which causes different regulations of the money laundering system. Before starting the analysis of legal solutions in this area, a very simplified i","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48080208","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 : 2022-12-31DOI: 10.5604/01.3001.0016.1261
Adam Zienkiewicz
Introduction – Research Goals The main goal of the article is, on the one hand, to introduce the basic assumptions, including the objectives of a particular type of courts, the so-called Problem-Solving Courts, implementing the postulates of the Therapeutic Jurisprudence orientation, which is the leading current co-creating the Comprehensive Law Movement. On the other hand, is to make an attempt to establish the existence of a specific iunctim between the therapeutic and transformative aims of Problem-Solving Courts and the potential of criminal mediation in this regard. Materials and methods The study, according to the concept of ontological and methodological approach to law as multi-leveled phenomena, is of interdisciplinary nature. It refers to both: theory and practice of mediation and also to the idea of Comprehesive Law Movement, Problem-Solving Courts, Therapeutic Jurispridence, as well as theory and philosophy of law, Polish legal dogmatics and selected psychology issues. The paper is based primarily on the literature in question. The reasoning is dominated by the logico-linguistic method, supported by the comparative method. Results and conclusions The conducted research allowed to meet the descriptive goals of the paper, as well as to point out the specific iunctim between the therapeutic and transformative goals of Problem-Solving Courts and the potential of mediation in criminal cases in this regard. At the same time, the need to consider the possibility of the transfer of selected ideas and solutions (adopted within the framework of Problem-Solving Courts and Therapeutic Jurisprudence) to Polish legal ground and social order was highlighted. Implications Intentional purpose of the text is to introduce the key assumptions of the Comprehensive Law Movement, the interdisciplinary type of Problem-Solving Court and the orientation of Therapeutic Jurisprudence into Polish ground. It is, as well, to trigger the discussion on the possibility of activating the therapeutic and transformative potential of 'law in action' within the behavioural and personal (internal) area of the parties to disputes (including disputes arising from the crime committed). Such potential may be supported within the framework of innovative judicial and extra-judicial proceedings, in particular: during transformative mediation in criminal cases.
{"title":"The Objectives of Problem-Solving Courts and the Transformative Potential of Mediation in Criminal Cases – Some Remarks from the Perspective of Comprehensive Law Movement","authors":"Adam Zienkiewicz","doi":"10.5604/01.3001.0016.1261","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1261","url":null,"abstract":"Introduction – Research Goals\u0000The main goal of the article is, on the one hand, to introduce the basic assumptions, including the objectives of a particular type of courts, the so-called Problem-Solving Courts, implementing the postulates of the Therapeutic Jurisprudence orientation, which is the leading current co-creating the Comprehensive Law Movement. On the other hand, is to make an attempt to establish the existence of a specific iunctim between the therapeutic and transformative aims of Problem-Solving Courts and the potential of criminal mediation in this regard.\u0000Materials and methods\u0000The study, according to the concept of ontological and methodological approach to law as multi-leveled phenomena, is of interdisciplinary nature. It refers to both: theory and practice of mediation and also to the idea of Comprehesive Law Movement, Problem-Solving Courts, Therapeutic Jurispridence, as well as theory and philosophy of law, Polish legal dogmatics and selected psychology issues. The paper is based primarily on the literature in question. The reasoning is dominated by the logico-linguistic method, supported by the comparative method.\u0000Results and conclusions\u0000The conducted research allowed to meet the descriptive goals of the paper, as well as to point out the specific iunctim between the therapeutic and transformative goals of Problem-Solving Courts and the potential of mediation in criminal cases in this regard. At the same time, the need to consider the possibility of the transfer of selected ideas and solutions (adopted within the framework of Problem-Solving Courts and Therapeutic Jurisprudence) to Polish legal ground and social order was highlighted.\u0000Implications\u0000Intentional purpose of the text is to introduce the key assumptions of the Comprehensive Law Movement, the interdisciplinary type of Problem-Solving Court and the orientation of Therapeutic Jurisprudence into Polish ground. It is, as well, to trigger the discussion on the possibility of activating the therapeutic and transformative potential of 'law in action' within the behavioural and personal (internal) area of the parties to disputes (including disputes arising from the crime committed). Such potential may be supported within the framework of innovative judicial and extra-judicial proceedings, in particular: during transformative mediation in criminal cases.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49408431","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 : 2022-12-31DOI: 10.5604/01.3001.0016.1257
Marek A. Dąbrowski
The subject of the article is a formal and dogmatic analysis of the right to mediation, which is part of the right of access to restorative justice. The aims of the article are determined by the structure of the content, with the limitation of considerations to the stage of executive proceedings in criminal cases. First, the aim is to analyze the legal structure of the right of access to restorative justice and mediation. Secondly, the answer to the question of whether, in the light of EU and international law, there is an obligation for state authorities to ensure that the right to mediation is exercised, together with an analysis of its content. Third, the formulation of de lege ferenda proposals related to the establishment of the right of access to restorative justice and mediation. Despite the position, formulated for years in the documents of the Council of Europe, that restorative justice and mediation should be a public service at every stage of criminal proceedings, it has not been established at the stage of executive proceedings. However, this does not result from a defective implementation of EU law, which does not impose an obligation to ensure the right of access to restorative justice and mediation services in areas where these services are not available, making EU Member States only guardians of the standards of services provided, and not guarantors of the possibility of implementing the right to use mediation. De lege ferenda establishing the right of access to restorative justice and mediation would include the power to submit a request for mediation and the obligation of state authorities to create conditions enabling its implementation but not guaranteeing mediation. The analysis of the right to access mediation, which has not been the subject of an explication in the doctrine so far, is to provide knowledge on the structure and potential directions of normative work, taking into account the regulations of EU law and documents of the Council of Europe related to the regulation of mediation proceedings at the stage of executive proceedings in criminal cases.
{"title":"The right of access to restorative justice and mediation at the stage of criminal enforcement proceedings. Comments de lege lata and de lege ferenda","authors":"Marek A. Dąbrowski","doi":"10.5604/01.3001.0016.1257","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1257","url":null,"abstract":"The subject of the article is a formal and dogmatic analysis of the right to mediation, which is part of the right of access to restorative justice. The aims of the article are determined by the structure of the content, with the limitation of considerations to the stage of executive proceedings in criminal cases. First, the aim is to analyze the legal structure of the right of access to restorative justice and mediation. Secondly, the answer to the question of whether, in the light of EU and international law, there is an obligation for state authorities to ensure that the right to mediation is exercised, together with an analysis of its content. Third, the formulation of de lege ferenda proposals related to the establishment of the right of access to restorative justice and mediation.\u0000 Despite the position, formulated for years in the documents of the Council of Europe, that restorative justice and mediation should be a public service at every stage of criminal proceedings, it has not been established at the stage of executive proceedings. However, this does not result from a defective implementation of EU law, which does not impose an obligation to ensure the right of access to restorative justice and mediation services in areas where these services are not available, making EU Member States only guardians of the standards of services provided, and not guarantors of the possibility of implementing the right to use mediation.\u0000De lege ferenda establishing the right of access to restorative justice and mediation would include the power to submit a request for mediation and the obligation of state authorities to create conditions enabling its implementation but not guaranteeing mediation.\u0000The analysis of the right to access mediation, which has not been the subject of an explication in the doctrine so far, is to provide knowledge on the structure and potential directions of normative work, taking into account the regulations of EU law and documents of the Council of Europe related to the regulation of mediation proceedings at the stage of executive proceedings in criminal cases.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45713657","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 : 2022-12-31DOI: 10.5604/01.3001.0016.1262
Damian Bara
Mediation as an alternative method of dispute resolution is gaining more and more popularity in various areas of social life. The currently binding legal acts regulating the issues related to serving a sentence of imprisonment do not contain provisions on the use of mediation as an amicable method of dispute resolution giving the possibility of reconciliation between the perpetrator of the prohibited act for which the court adjudicated the penalty of imprisonment, and the victim of the crime. Therefore, it should be clarified whether the lack of regulations in the indicated scope constitutes an obstacle to the use of mediation after the end of criminal proceedings as an element implementing the idea of restorative justice. The aim of this study is to present the course of mediation proceedings conducted after the end of the criminal trial. The analysis of the course of the mediation procedure will be carried out on the basis of the provisions of the regulations developed for the implementation of the project entitled: “Pilot of the program implementing the idea of restorative justice in the District Inspectorate of Prison Service in Lublin”. The article is divided into nine parts. The first part is an introduction to the considerations on the idea of restorative justice allowing for reconciliation between the inmate and the victim of the crime. The next part is devoted to international regulations, which constitute the basis for the use of mediation at the stage following the end of criminal proceedings. Parts from three to eight contain an overview of the course and organization of the mediation procedure based on the provisions of the regulations developed for the implementation of the Pilot Project, from the moment of its initiation to its completion. The last part summarizes the analysis performed. The considerations presented in the article lead to the conclusion that the lack of regulations in generally applicable acts of law does not constitute an obstacle to the use of post-conviction mediation as a method enabling the implementation of the idea of restorative justice and giving the possibility of reconciliation between the perpetrator of the prohibited act and the victim of the crime.
{"title":"The course of mediation proceedings on the basis of the rules of organization and conducting out-of-court mediation at the stage of executive proceedings","authors":"Damian Bara","doi":"10.5604/01.3001.0016.1262","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1262","url":null,"abstract":"Mediation as an alternative method of dispute resolution is gaining more and more popularity in various areas of social life. The currently binding legal acts regulating the issues related to serving a sentence of imprisonment do not contain provisions on the use of mediation as an amicable method of dispute resolution giving the possibility of reconciliation between the perpetrator of the prohibited act for which the court adjudicated the penalty of imprisonment, and the victim of the crime. Therefore, it should be clarified whether the lack of regulations in the indicated scope constitutes an obstacle to the use of mediation after the end of criminal proceedings as an element implementing the idea of restorative justice.\u0000 The aim of this study is to present the course of mediation proceedings conducted after the end of the criminal trial. The analysis of the course of the mediation procedure will be carried out on the basis of the provisions of the regulations developed for the implementation of the project entitled: “Pilot of the program implementing the idea of restorative justice in the District Inspectorate of Prison Service in Lublin”.\u0000 The article is divided into nine parts. The first part is an introduction to the considerations on the idea of restorative justice allowing for reconciliation between the inmate and the victim of the crime. The next part is devoted to international regulations, which constitute the basis for the use of mediation at the stage following the end of criminal proceedings. Parts from three to eight contain an overview of the course and organization of the mediation procedure based on the provisions of the regulations developed for the implementation of the Pilot Project, from the moment of its initiation to its completion. The last part summarizes the analysis performed.\u0000The considerations presented in the article lead to the conclusion that the lack of regulations in generally applicable acts of law does not constitute an obstacle to the use of post-conviction mediation as a method enabling the implementation of the idea of restorative justice and giving the possibility of reconciliation between the perpetrator of the prohibited act and the victim of the crime.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49088882","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 : 2022-12-31DOI: 10.5604/01.3001.0016.1254
Natalia Szymczyk-Urwentowicz
The article is a discussion of the issue of abuse of procedural rights in the criminal process. Its aim is to systematize considerations and to enrich the discussion taking place in the doctrine of basic issues concerning instrumentalization. Using the method of theoretical-legal analysis a terminological distinction is indicated and the question of what is the abuse of procedural law in a criminal trial is referred to. Using the method of dogmatic-legal analysis, an analysis of individual provisions was carried out, reading the norms expressed by them and pointing to the risks associated with their instrumentalization. At the same time, the research also drew attention to the examples of abuse of procedural law in the criminal process, wrongly indicated in the doctrine. Moreover, the topic of the legal basis for the introduction of the institution of abuse of procedural law on the grounds of the criminal trial has been addressed, signalling at the end a certain possible interpretation.
{"title":"The concept of abuse of process rights and the criminal process","authors":"Natalia Szymczyk-Urwentowicz","doi":"10.5604/01.3001.0016.1254","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1254","url":null,"abstract":"The article is a discussion of the issue of abuse of procedural rights in the criminal process. Its aim is to systematize considerations and to enrich the discussion taking place in the doctrine of basic issues concerning instrumentalization. Using the method of theoretical-legal analysis a terminological distinction is indicated and the question of what is the abuse of procedural law in a criminal trial is referred to. Using the method of dogmatic-legal analysis, an analysis of individual provisions was carried out, reading the norms expressed by them and pointing to the risks associated with their instrumentalization. At the same time, the research also drew attention to the examples of abuse of procedural law in the criminal process, wrongly indicated in the doctrine. Moreover, the topic of the legal basis for the introduction of the institution of abuse of procedural law on the grounds of the criminal trial has been addressed, signalling at the end a certain possible interpretation.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48005769","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 : 2022-12-31DOI: 10.5604/01.3001.0016.1260
Włodzimierz Broński
Mediation in criminal executive proceedings is a method of implementing the idea of restorative justice, that is an approach aimed at finding a constructive response to a specific crime. Its defining feature is the departure from the logic of confrontation towards constructive dispute resolution. It is a way of improving communication to enable the offender, the victim, the community affected by the crime as well as the mediator as a consensus facilitator to seek optimal solutions to the case at hand. Mediation relies on values such as the indisputable dignity of the human person, forgiveness, reconciliation, and taking into account the values and beliefs of each of the participants. Hence, mediation serves the perpetrator and the victim of the crime, and it safeguards the common goal of building social capital of trust. This claim is well-evidenced by the results of the programme implemented at the Regional Inspectorate of Prison Service in Lublin, as described in this study. A separate testimony comes from the reported experiences of mediators participating in the “Restorative Justice Pilot Programme at the Regional Inspectorate of Prison Service in Lublin” financed from the funds of Poland's “Justice Fund”. Finally, the worthiness of mediation in penal contexts is confirmed by conclusions from empirical research conducted with inmates and victims – participants of mediation.
{"title":"Mediation in criminal executive proceedings as a method of implementing the idea of restorative justice","authors":"Włodzimierz Broński","doi":"10.5604/01.3001.0016.1260","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1260","url":null,"abstract":"Mediation in criminal executive proceedings is a method of implementing the idea of restorative justice, that is an approach aimed at finding a constructive response to a specific crime. Its defining feature is the departure from the logic of confrontation towards constructive dispute resolution. It is a way of improving communication to enable the offender, the victim, the community affected by the crime as well as the mediator as a consensus facilitator to seek optimal solutions to the case at hand. Mediation relies on values such as the indisputable dignity of the human person, forgiveness, reconciliation, and taking into account the values and beliefs of each of the participants. Hence, mediation serves the perpetrator and the victim of the crime, and it safeguards the common goal of building social capital of trust. This claim is well-evidenced by the results of the programme implemented at the Regional Inspectorate of Prison Service in Lublin, as described in this study. A separate testimony comes from the reported experiences of mediators participating in the “Restorative Justice Pilot Programme at the Regional Inspectorate of Prison Service in Lublin” financed from the funds of Poland's “Justice Fund”. Finally, the worthiness of mediation in penal contexts is confirmed by conclusions from empirical research conducted with inmates and victims – participants of mediation.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48808082","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 : 2022-09-30DOI: 10.5604/01.3001.0015.9673
Daniel Mielnik
W dniach 1-2 kwietnia 2022 r. w Ośrodku Szkolenia Służby Więziennej w Popowie odbyła się Ogólnopolska Konferencja Naukowa – „Funkcjonowanie systemu penitencjarnego i kurateli sądowej”. Organizatorem tego wydarzenia było Ministerstwo Sprawiedliwości oraz redakcja kwartalnika naukowego „Probacja” . Konferencja skierowana była do szeroko rozumianego środowiska kuratorskiego, sędziów, praktyków oraz teoretyków, jak i do osób, które zawodowo zajmują się zagadnieniami związanymi z kuratelą sądową oraz wymiarem sprawiedliwości in genere.
{"title":"Sprawozdanie z Ogólnopolskiej Konferencji Naukowej – „Funkcjonowanie systemu penitencjarnego i kurateli sądowej”","authors":"Daniel Mielnik","doi":"10.5604/01.3001.0015.9673","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9673","url":null,"abstract":"W dniach 1-2 kwietnia 2022 r. w Ośrodku Szkolenia Służby Więziennej w Popowie odbyła się Ogólnopolska Konferencja Naukowa – „Funkcjonowanie systemu penitencjarnego i kurateli sądowej”. Organizatorem tego wydarzenia było Ministerstwo Sprawiedliwości oraz redakcja kwartalnika naukowego „Probacja” .\u0000Konferencja skierowana była do szeroko rozumianego środowiska kuratorskiego, sędziów, praktyków oraz teoretyków, jak i do osób, które zawodowo zajmują się zagadnieniami związanymi z kuratelą sądową oraz wymiarem sprawiedliwości in genere.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47902630","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 : 2022-09-30DOI: 10.5604/01.3001.0015.9671
Agnieszka Lewicka-Zelent, W. Czerski
Introduction. In Poland, persons found to have committed a crime may serve their sentence in the electronic supervision system (ESS). Therefore, publications in this field appear on the publishing market, most often are in the mainstream of legal considerations. However, there is a lack of research reports involving people who can share their experiences of serving a sentence in this way. The aim of the research is to indicate selected conditions of readiness to change in prisoners who have been subject to ESS in the past. Materials and methods. The study was conducted in 2019 in 8 penitentiary units among 229 inmates. The diagnostic survey method and two research tools were used: the Readiness to Change Questionnaire and the Resilience Measurement Scale. In order to answer the formulated research problems, the following were used: descriptive statistics, r-Pearson correlation, Student's t-test and regression. Results. People participating in the study obtained a result indicating their high readiness to change and moderate resilience. Persons who have never served their sentence in ESS rated their ingenuity higher than inmates who have had personal experience with it. In the group of prisoners who were in ESS in the past, it was found that the longer they were subject to ESS, the lower their readiness to change was. Moreover, the more inmates who have not experienced the effects of ESS tolerate their failures, the more readily they are to change. The older they are, the less they are ready to change. Implications. In practice, it is worth conducting more studies with the participation of people who were subject to electronic supervision in order to identify predictors of their readiness to change. Ultimately, it is about indicating as many factors as possible conditioning the process of social readaptation of inmates, which should be taken into account at the level of ESS adjudication, striving to increase the effectiveness of serving a sentence in it.
{"title":"Selected determinants of readiness to change among offenders who underwent electronic monitoring","authors":"Agnieszka Lewicka-Zelent, W. Czerski","doi":"10.5604/01.3001.0015.9671","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9671","url":null,"abstract":"Introduction. In Poland, persons found to have committed a crime may serve their sentence in the electronic supervision system (ESS). Therefore, publications in this field appear on the publishing market, most often are in the mainstream of legal considerations. However, there is a lack of research reports involving people who can share their experiences of serving a sentence in this way. The aim of the research is to indicate selected conditions of readiness to change in prisoners who have been subject to ESS in the past.\u0000Materials and methods. The study was conducted in 2019 in 8 penitentiary units among 229 inmates. The diagnostic survey method and two research tools were used: the Readiness to Change Questionnaire and the Resilience Measurement Scale. In order to answer the formulated research problems, the following were used: descriptive statistics, r-Pearson correlation, Student's t-test and regression.\u0000Results. People participating in the study obtained a result indicating their high readiness to change and moderate resilience. Persons who have never served their sentence in ESS rated their ingenuity higher than inmates who have had personal experience with it. In the group of prisoners who were in ESS in the past, it was found that the longer they were subject to ESS, the lower their readiness to change was. Moreover, the more inmates who have not experienced the effects of ESS tolerate their failures, the more readily they are to change. The older they are, the less they are ready to change.\u0000Implications. In practice, it is worth conducting more studies with the participation of people who were subject to electronic supervision in order to identify predictors of their readiness to change. Ultimately, it is about indicating as many factors as possible conditioning the process of social readaptation of inmates, which should be taken into account at the level of ESS adjudication, striving to increase the effectiveness of serving a sentence in it.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45942916","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：