由专业感化官使用训诫制度

Probacja Pub Date : 2021-09-30 DOI:10.5604/01.3001.0015.2709
Krzysztof Stasiak
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引用次数: 0

摘要

在波兰,缓刑官有权对被定罪的罪犯发出警告。其使用的先决条件是满足《波兰刑事执行法典》第173条第3款所述的条件。根据制宪者的意图,它应该对被定罪的人进行纪律处分,使他们遵守现行法律,并在缓刑期间遵守强加给他们的义务。由于这一法律制度已生效近10年,因此决定研究一下它在实践中是如何运作的。为此目的进行了研究,其中试图确定法庭缓刑官员如何对已定罪的罪犯适用训诫制度,以及训诫制度是否是影响其行为的有效工具。该研究包括2015年至2017年期间缓刑官实施训诫的151起案件。这项研究是在对缓刑档案进行分析的基础上进行的。因此,除其他事项外,确定在某些情况下,可以观察到在发出警告后被定罪者(罪犯)的行为发生了变化。还有人指出,警告的效力受发出警告的方式的影响。
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USE OF THE INSTITUTION OF ADMONITION BY PROFESSIONAL PROBATION OFFICERS
In Poland, probation officers have the power to issue admonitions to convicted offenders. The prerequisite for its use is the fulfilment of the conditions referred to in Article 173 § 3 of the Polish Criminal Executive Code. According to the intention of the framers, it was supposed to discipline the convicted person so that they would observe the law in force and, in the period of probation, submit to the obligations imposed on them. Since this legal institution has been in force for almost 10 years, it has been decided to have a look at how it functions in practice. For that purpose, research was carried out, in which an attempt was made to establish how court probation officers apply the institution of admonition to convicted offenders and whether it is an effective tool in influencing their behaviour. The research included 151 cases in which probation officers applied admonition in 2015-2017. The research was carried out on the basis of an analysis of probation files. As a result, it was established, among other things, that in some of the cases a change in the convicted person’s (offender’s) behaviour can be observed after the admonition was given. It was also noted that the effectiveness of an admonition is affected by the manner in which it is given.
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来源期刊
自引率
0.00%
发文量
21
审稿时长
12 weeks
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