“Archiwum Kryminologii” (“Archives of Criminology”) is the oldest and the most prestigious Polish criminological journal, published since 1960 by the Institute of Law Studies of the Polish Academy of Sciences. The founder and the editor-in-chief was Proffesor Stanisław Batawia. The journal is published biannual and it is bilingual (papers in Polish and English are accepted). The Editorial Committee of the journal consists of eminent European criminologists and the reviewers are recruited from among experts in the field. The aim of the journal is to promote the outcomes of well-designed empirical research, as well as methodological and theoretical studies. Papers published in “Archiwum Kryminologii” (“Archives of Criminology”) focus on various topics: criminality and criminalisation, criminal and penal policy, the practices of criminal justice systems, victimisation and victims’ rights, crime prevention, juvenile delinquency, criminological theories etc. The journal constitutes a platform for scientific communication among academics especially (but not exclusively) from Poland and other Central and Eastern European countries. The Journal publishes original articles that utilize a broad range of methodologies and perspectives when examining crime, law, and criminal justice processing. All submitted manuscripts undergo a double blind peer review process before publication via an online-first model in Open Access.
Instytut Nauk Prawnych Polskiej Akademii Nauk
All articles published in "Archiwum Kryminologii / Archives og Criminology" are published under the CC-BY open license. By submitting a publishing proposal, the authors agree to grant a free, non-exclusive and territorially unlimited CC-BY 4.0 PL license, if the article will be accepted for publication in the biannual journal. The license is available at: https://creativecommons.org/licenses/by/4.0/legalcode.
Crimes and violence against women in Kyrgyzstan and their aetiology
This paper presents crime and violence against women in contemporary Kyrgyzstan from a criminological point of view. Its purpose is to show the scope and background of these phenomena. It discusses the difficult situation of women resulting from discriminatory and criminal practices on the part of men, such as the kidnapping of women for marriage, early marriage, polygamy and dome­stic violence. The peculiarities, manifestations and causes of these practices are indicated. It is shown that their extent is closely related to the patriarchal family model that exists to this day in Kyrgyzstan.
Copyright (c) 2025 Katarzyna Laskowska https://creativecommons.org/licenses/by/4.0
Estimating the extent of unreported crime: Results of the Second National Victimisation Survey in the light of new challenges
Victimisation surveys are an integral part of crime analysis. They complement the reality presented in official statistics, and they draw attention to victims who do not files reports with the relevant law enforcement agencies. In this article, we describe the problems in estimating undisclosed crime using the example of selected groups which are particularly invisible in terms of victimisation data collection (invisible victims): children, foreigners, prisoners and victims of cybercrime. We then present the results of the Second National Victimisation Survey, commissioned by the Institute of Justice in 2024. We compare the results with previous victimisation surveys in Poland. One of the major findings is that Poles are increasingly becoming victims of crimes committed with new technologies: theft from a bank account or payment card and online shopping fraud.
Copyright (c) 2025 Paweł Ostaszewski, Justyna Włodarczyk-Madejska, Joanna Klimczak https://creativecommons.org/licenses/by/4.0
Assistance for crime victims: Evaluation of the pilot programme
The programme “Assistant for crime victims”, implemented by the Crime Victims Assistance Foundation and the Blue Line, aimed to support victims by having assistants present during legal proceedings. The pilot programme entailed training volunteers in law, psychology and trauma. Surveys and interviews with assistants, victims and law enforcement conducted to evaluate the programme rated the usefulness of the training highly and demonstrated the real support provided by the assistants. The volunteers provided emotional and practical support, facilitating interactions between victims and institutions. The findings emphasize the need for further systemic support for developing and formally recognising assistants within aid structures. The importance of volunteer involvement, training quality and collaboration with public institutions was also highlighted.
Copyright (c) 2025 Maria Kopeć, Dagmara Woźniakowska, Dominik Wzorek https://creativecommons.org/licenses/by/4.0
The Expectations and Needs of Victims towards the Justice System
Polish victimology primarily focuses on the rights and procedural guarantees of victims, while less often giving voice to the victims themselves. In this article, we aim to present the perspec­tives of victims and to describe their needs and expectations regarding the justice system. The article is one of three texts (cf. Kopeć, Woźniakowska, Wzorek 2025; Francuzik, Szulecka 2025) presenting an evaluation of a pilot victim support program implemented by the Foundation for the Assistance of Crime Victims and the Emergency Service for Victims of Domestic Violence, “Niebieska Linia.” The evaluation involved interviews with victims of violence in close relationships, representatives of the justice system, and victim support professionals. We show that victims perceive the justice system as a complex whole. Their key needs and expectations include being heard, having their harm acknowledged, and feeling safe.
Copyright (c) 2025 Dr hab. Witold Klaus, prof. INP PAN, Łukasz Kuliński https://creativecommons.org/licenses/by/4.0
Challenges for the police investigating border crime in Bangladesh: An exploratory study on the Bangladesh Police
Border crime in the north-western region of Bangladesh is severe, as illegal activities such as illegal trade, drug trafficking and unauthorised border crossings occur on a regular basis. This study explores the challenges faced by the Bangladesh Police in investigating border crime and examines the nature and causes of these offences. The research uses a qualitative approach, collecting primary data through in-depth interviews with investigation officers from police stations located in border areas. The data were coded, and later revealed several themes and subthemes. The findings of this study indicate that open borders, a lack of supervision and corruption among agencies are the primary causes. These offences are often committed by powerful individuals who exploit young and economically vulnerable populations to carry out such activities. Investigative challenges include insufficient evidence, excessive caseloads, personnel shortages, limited access to information, inadequate financial support, political pressures, misleading sources, hostile environments and poor communication systems in border areas. The study suggests that increasing resources, depoliticising law enforcement, providing support to secure evidence, enhancing inter-agency collaboration and improving access to information can help reduce these investigative challenges.
Copyright (c) 2025 Mostak Bari Fahim, Nelufer Yesmen https://creativecommons.org/licenses/by/4.0
Sexual violence in a relationship – the scale and characteristics of the phenomenon
The main aim of the study was to estimate the scale of sexual violence experienced by women in relationships. The study was nationwide and was part of a pan-European victimisation study on gender-based violence (GBV). The study was carried out in 2021–2023 by Statistics Poland and was co-financed by Eurostat. It used a survey questionnaire prepared by Eurostat, and involved a group of 5,247 respondents from all sixteen voivodeships of Poland. The article presents the results regarding sexual violence in a relationship; therefore, only the questionnaires completed by women who were currently or previously in a relationship were analysed. A total of 5,242 survey questionnaires that met the established criteria were collected. According to the results, nearly 4% of the women had experienced serious acts of sexual violence in a relationship by a current or former partner. Sexual violence from a partner is usually combined with psychological and physical violence. Such acts are extremely rarely reported – typically only when there are physical injuries which require medical attention.
Copyright (c) 2025 Anna Więcek-Durańska https://creativecommons.org/licenses/by/4.0
A lone voice in the wilderness? Persistent problems with victim support in Czechia
This article examines the challenges in implementing victim support in Czechia and highlights discrepancies between legislative frameworks and practical applications. The study employs a mixed-methods approach, including a focus group conducted in 2017 with experts in victim support and an expert survey in 2022. While the 2013 adoption of the Act on Victims of Crime led to notable improvements in victims’ rights and services, persistent problems include ineffective information delivery, regional disparities in service provision and a lack of inter-agency coordination. The article concludes that while legislative reforms have laid a solid foundation, systemic changes and practical implementation are essential to ensuring effective victim support and mitigating secondary victimisation.
Copyright (c) 2024 Michaela Roubalova, Hana Preslickova, Jakub Holas https://creativecommons.org/licenses/by/4.0
Comparison of Albert K. Cohenʼs theory of delinquent subculture with selected psychological theories
In this article, I reinforce Albert K. Cohen’s theory with selected psychological theories. Cohen’s concept may seem outdated today, as it presents a twentieth-century social structure. A comparison between the theory of delinquent subcultures and psychological theories brings to light similarities and convergences between the theses put forward by Cohen and the remarks of more contemporary authors. These analogies make it possible to present the concept of delinquent subcultures in the form of a model that could be empirically verified in the future. The similarities I discuss include issues of self-esteem, status, aggression, and adjustment.
Copyright (c) 2024 Jakub Orłowski https://creativecommons.org/licenses/by/4.0
Enhancing the criminology of mobility: A need for interdisciplinary and multi-sited research approaches. Introduction
Scholars from various disciplines, geographic locations and research traditions have examined border dynamics – investigating what occurs at borders, how it happens, its origins, consequences and normative implications. This has given rise to the burgeoning field of the “Criminology of Mobility”, an academic discipline focussed on issues such as citizenship, race, gender, ethnicity and immigration control. This relatively new and innovative academic discipline delves into the processes of inclusion and exclusion both at and within state borders, often employing methods traditionally associated with the criminal justice system, law enforcement and military operations – frequently without the safeguards typically in place. Scholars in this field investigate how existing inequalities – particularly those related to gender, race, nationality and class – are exacerbated by new power structures and systems of belonging. We have observed that there remains a notable lack of diversity in research from global regions, as well as a lack of attention to the perspectives of those directly affected by or involved in border control mechanisms and their extraterritorial dimensions. This special issue is a step to address this gap.
Copyright (c) 2024 Cristina Fernandez-Bessa, Valeria Ferraris, Witold Klaus, Mieke Kox https://creativecommons.org/licenses/by/4.0
Dark personality traits and cyber-dating abuse: The moderating role of empathy
The results of research on cyber-dating abuse in intimate relationships are presented in this article. The study analysed dark personality traits (i.e. narcissism, Machiavellianism, psychopathy and sadism) treated as relevant individual risk factors for this kind of violence. The sample consisted of 200 young adults (72% women). The following measures were used in the research: the Cyber Dating Abuse Questionnaire, the Short Dark Tetrad and the Interpersonal Reactivity Index. The results indicate that the severity of both the Dark Triad and sadism is related to the perpetration of cyber-violence and victimisation from an intimate partner. The research also showed that men more often than women use direct aggression in cyber-dating abuse. Moreover, the moderating role of empathy in the relationship between dark personality traits and cyber-dating abuse was confirmed.
Copyright (c) 2024 Krzysztof Nowakowski, Aleksandra Gubała https://creativecommons.org/licenses/by/4.0
Life imprisonment without parole: Results of a longitudinal study in Hungary
The main goal of the study was to raise questions concerning life sentences and to demon­strate how it evolves and impacts the criminal, who is cast out from society and incarcerated for decades. The data collection phase of this qualitative longitudinal research spanned ten years, from March 2011 to December 2020. The narrative interviews were analyzed using content analysis. The prison system has the potential to facilitate both personality development and changes in mental­ity, but it can also hinder them. The legal institution of a life sentence without parole excludes the possibility of making positive changes in the convict’s mindset and does not take into account the chance for the inmates’ personality to develop during their long sentences. The legal institution of a life sentence, due to the exclusion of the possibility of review, could only be considered a rational institution in case of an infallible investigative and judicial system.
Copyright (c) 2024 Agnes Solt https://creativecommons.org/licenses/by/4.0
Asylum procedure as a means of transferring victims of human trafficking to Poland
Research on human trafficking highlights that its victims can be exploited in many areas of the economy. Moreover, some victims of trafficking are also forced to commit a crime (e.g. drug smuggling), though the victims of this peculiar type of crime can also be found among those seeking refugee status or international protection. This article discusses a new way of transferring victims of human trafficking across borders and describes who these people are, how they were recruited and how they were transported from their country of origin to the transit countries and finally reaching Poland. The modus operandi and profile of the perpetrators are also discussed. The research also describes the process of identifying victims of human trafficking, attempting to determine how, when and by whom these people were identified. The research findings are based on the files of asylum seekers that were gathered between 2012 and 2020 by the Office for Foreigners in Poland (the institution responsible for providing asylum status in Poland).
Copyright (c) 2024 Łukasz Wieczorek https://creativecommons.org/licenses/by/4.0
Human smugglers or smuggled persons? An approach to the situation of youths accused of human smuggling in southern Spain
The lack of safe entryways into Europe generates alternative maritime routes from Africa to the European continent. In recent years, there has been an increase in these arrivals and in the detention of individuals accused of migrant smuggling on the Central Mediterranean route to Italy and the North-west African (Atlantic) route to the Canary Islands upon their arrival by sea. Both the UNODC and various NGOs have suggested in recent reports that the punitive response to boat captains may have less to do with tackling the crime of human smuggling than it may initially appear. During fieldwork conducted as part of the JEPRAN project, a surprising number of youths accused of human smuggling were identified in a prison in Almería, Spain, having arrived via the Western Mediterranean route. This serendipitous finding allows for reflection within this article on the crime of human smuggling across different routes into Europe based on interviews with youths accused of this crime and imprisoned in the south of Spain.
Copyright (c) 2024 Jacqueline Carvalho da Silva https://creativecommons.org/licenses/by/4.0
Social sorting in Europe: Self-censorship in a digital asylum
In recent decades, global mobility control and digital surveillance measures have increasingly prioritised affective aspects and perception-based policies. However, these practices encounter resistance, particularly in the everyday use of connected migrants. Through qualitative data analysis within the tradition of critical surveillance studies, this paper investigates how marginalised mobile groups – often labelled suspects of terrorism and organised crime – circumvent mobile surveillance and social sorting mechanisms within and beyond Fortress Europe. Rising tech literacy and surveillance awareness among users challenge digital policing, reshaping interactions between suspected newcomers and border control authorities. While existing studies focus on countersurveillance activities, less attention is given to strategic “silences” and social filters used to evade profiling and sorting mechanisms, protecting those who fear the risks of crossing a border. Based on notions of secure connectivity, this research employs a multi-site analysis of refugee polymedia use to examine countersurveillance strategies and digital self-censorship practices in transit countries.
Copyright (c) 2024 Veronika Nagy https://creativecommons.org/licenses/by/4.0
The reform of administrative detention in Italy: A “declaration of war” to irregular migrants and asylum seekers
Dating back to Italy’s first comprehensive immigration law in the 1990s, the practice of detaining irregular migrants has served various explicit and implicit purposes, both practical and symbolic. Two decrees passed in 2023, under the far-right government of Giorgia Meloni, were explicitly framed as responses to the increasing number of migrants arriving at the borders. The aim of these decrees was to prolong the detention of asylum seekers and irregular migrants, with the stated aim of increasing returns. However, despite these measures, available data suggests that the capacity of detention centres has not increased significantly, and the rate of returns has remained stable. Against this backdrop, this article seeks to explore the explicit and implicit functions of detention by examining recent reforms and publicly available quantitative data obtained through a request under Italy’s Freedom of Information Act. It suggests that whilst detention serves practical purposes for a minority of migrants, its symbolic role in conveying state sovereignty and strict border control is equally important.
Copyright (c) 2024 Costanza Agnella, Eleonora Celoria https://creativecommons.org/licenses/by/4.0
This essay asks how consideration of middle-class prisoners can elucidate assumptions and blind spots of mainstream prison research. Prisoner experience has recently been studied at the intersection of gender, race, religion, citizenship and other categories. Nevertheless, nothing similar has been done with regard to socioeconomic status. Once an individual has crossed the threshold of a prison, his or her class is no longer of interest to a criminologist. As a result, it has been taken for granted that a prisoner is proletarian, and little attention has been paid to those who transition into the carceral world from a background of privilege. However, middle-class prisoners do exist, and considering their experiences can further our understanding of prison. For instance, the middle class’s adaptation to carceral settings could inform the perennial deprivation/importation debate or challenge the dominant notions of rehabilitation. The essay concludes with a case for broadening the research agenda.
Copyright (c) 2024 Andrzej Uhl https://creativecommons.org/licenses/by/4.0
How does restorative justice work? Shame, guilt and procedural justice in restorative meetings
Restorative justice (RJ), despite its thriving development worldwide, remains a niche issue in Poland. The impact of RJ on individuals participating in it has been widely studied for years. Simultaneously, exploration into how restorative meetings actually work has only recently begun, aiming to design them to produce the best possible results. In this article, I address these very issues. I discuss and confront research on the theory of reintegrative shaming, procedural justice and concepts of readiness in the context of restorative justice. I analyze how these theories interact with each other, aiming to highlight the factors that influencing the outcomes of restorative meetings, including mediations. Based on the synthesis, I identify key areas for the development of the practice in Poland.
Copyright (c) 2024 Łukasz Kuliński https://creativecommons.org/licenses/by/4.0
Changing penologies and European crime policy: Theory and practice in the global context. Introduction
This Special Issue deals with the significant questions about changing penologies and European crime policy. The discussed topics cover the general picture, trends and aim of today’s European penology. The focus is paid on the effectiveness of crime policy, its role in contemporary penology and fundamental values which are closely linked with human rights orientated approach. The issue of punishment and prison standards are also presented in the context of International and European standards. Furthermore, Scandinavian approach to crime policy is widely illustrated, especially based on the Finnish and Norwegian studies.
Copyright (c) 2023 Joanna Beata Banach-Gutierrez, Tom Daems, Anthea Hucklesby, Jarosław Utrat-Milecki https://creativecommons.org/licenses/by/4.0
Facilitator or victim? On punishment for facilitating illegal border crossings during the Polish–Belarusian humanitarian border crisis
Punishing perpetrators for facilitating illegal border crossings or illegal stays is one of the priorities of the European Union’s migration policy. The author decided to take a look at the practice of such criminal proceedings before Podlasie courts (a region bordering Belarus). In this case, does it truly involve organising an illegal procedure – especially when it comes to family members or co-workers? The purpose of this article, therefore, is to examine the criminal case files of those convicted of organising illegal border crossings – individuals whose behaviour consisted solely of picking up migrants who were already in Poland. Law enforcement authorities charged such people, mainly foreigners, with aiding and abetting the organisation of illegal border crossing. The author addresses the question of whether such behaviour fulfils the elements of the crime specified in Article 264 (3) of the Criminal Code, and what scope of freedom the actors have when deciding on the charges and convictions.
Copyright (c) 2024 Magdalena Perkowska https://creativecommons.org/licenses/by/4.0
The aim of this article is to characterize the sexual behavior of women committing sex crimes and to determine the possible similarities and differences in the criminal activity of female perpetrators of such crimes. The study is theoretical in nature and is based on the literature review method. The research findings made it possible to conclude that the criminal activity of women in terms of sex offenses does not differ significantly from similar behavior by men. Women engage in the most brutal sex crimes, including rape and sexual murder, both alone and with other people of both sexes. Very often, they also initiate these acts, which contradicts the belief that they are passive participants. The victims include both family members and those outside the family circle, although in the case of the perpetrator–victim relationship, women are more likely to harm people they know and with whom they have had some relationship. Women use violence no less than men. Even if they themselves do not directly contribute to extreme injuries or even the death of the victim, they do not discourage their accomplices from such behavior and, on the contrary, repeatedly encourage them to commit cruel acts.
Copyright (c) 2024 Małgorzata H. Kowalczyk https://creativecommons.org/licenses/by/4.0
The development of criminal law and criminal executive policy in Ukraine (during the period of independence) concerning juveniles who have committed a prohibited act
In every society, resocialising juveniles who have committed a prohibited act and fully reintegrating them back into society remains a pressing issue to resolve. Societies devise various unique approaches to address these challenges. Ukraine has established its own distinct model encompassing prevention, deterrence, punishment and resocialisation, specifically tailored for juveniles. The article examines the principles of criminal liability for juvenile offenders in Ukraine, detailing the system of criminal penalties and social rehabilitation measures applied to them. It delves into the evolution of punitive policies for juveniles in Ukraine since gaining independence, highlighting the conditions of their detention in Ukrainian penal institutions and how they differ from those for adult convicts. Additionally, it discusses the institutional development of penitentiaries in Ukraine. The focus was placed on the factors shaping the development of criminal and criminal executive policies in independent Ukraine, notably the shift in the state’s trajectory towards democratic and civilised principles, adherence to the rule of law and Ukraine’s integration into European frameworks. The article scrutinises changes to the legal framework regulating the sentencing of juveniles for criminal offences, and changes in the conditions under which juveniles serve their sentences. It highlights the gradual transformation of the approach to juvenile criminal punishment, underscored by an increasing recognition of the need for novel methods of resocialising juveniles in order to facilitate their reintegration into a healthy social environment. The article also examines the fluctuating trends in juvenile crime rates. Since the 2000s, there has been a significant decrease in the number of juveniles sentenced to imprisonment due to positive developments within the state, the humanization of criminal law, and the broader implementation of alternative forms of punishment for juvenile offenders. The introduction of probation in Ukraine has also played a positive role.
Copyright (c) 2024 Liudmyla Dubchak https://creativecommons.org/licenses/by/4.0
Hope for success as a predictor of the effectiveness of the rehabilitation process of juveniles in correctional facilities
The article addresses the factors influencing the effectiveness of the rehabilitation process for youth in Polish juvenile detention centers. A significant predictor of this effectiveness is considered to be the level of hope for achieving success in life. Here, hope is understood as one of the important social competencies. Therefore, based on the diagnostic survey method, from October to November 2021, a study was conducted to determine the level of hope characterizing the mentioned youth, using the Hope for Success Questionnaire by Charles R. Snyder, adapted to Polish by Mariola Łaguna, Jerzy Trzebiński, and Mariusz Zięba. The questionnaire was distributed by mail to all juvenile detention centers in Poland. Out of the returned questionnaires, 278 were qualified for further analysis. The results indicate a high level of optimism among the youth regarding their competencies to cope with life's difficulties, and consequently, a high level of hope for achieving success. These results also form the basis for formulating methodological recommendations.
Copyright (c) 2024 Przemysław Frąckowiak , Michał Nowak https://creativecommons.org/licenses/by/4.0
Struggles over the borders of international protection: A socio-legal analysis of climate-induced migration in Italy
The paper explores the multifaceted nature of borders, drawing on Sandro Mezzadra and Brett Neilson’s (2013) concept of a border as both a demarcation line between States and an instrument for governing global space. Borders, including legal ones, are simultaneously sites of control and resistance, as articulated by Bell Hooks (1991). The paper delves into border struggles within the international protection system, especially concerning environmentally driven migration. Climate change disrupts established migration control policies and protection frameworks, challenging legal spaces to reconcile human rights protection with migration control. By analysing documents related to residence permits issued for environmentally induced migration, this study aims to uncover the nuances of these border struggles through semantic analysis. In addition, this research situates itself within Sousa Santos’ theoretical framework, “human rights theories” (2015). It examines how Italian jurisprudence responds to climate-induced migration, particularly focussing on the interpretation of humanitarian protection for those displaced by environmental factors. Despite judicial recognition of climate migration, legislative changes in 2018 eliminated humanitarian permits, limiting avenues for protection. The study advocates for reimagining legal frameworks to address emerging challenges, highlighting the pivotal role of human rights in shaping migration governance and advocating for a comprehensive approach that prioritises social justice.
Copyright (c) 2024 Michela Trinchese https://creativecommons.org/licenses/by/4.0
Behind the desk: Examining the decision-making and legitimation practices of immigration officials in return procedures in Belgium
Scholars have highlighted the crucial role that immigration officials play as “street-level bureaucrats” in the implementation of restrictive immigration policies. This study describes the working and decision-making practices of immigration officials in return procedures in Belgium, based on observations, expert interviews, and an analysis of case law. We demonstrate that their work primarily involves desk work and writing justifications in their decisions. Their decision-making is characterized by a heavy sense of pragmatism and standardization, primarily focusing on “what holds up in administrative court.” In return procedures, Belgian immigration officials therefore experience little need for legitimation work: from their perspective, legitimation primarily entails meeting administrative burdens of proof. Our analysis indicates that this distanced administrative system disadvantages the affected migrants, especially considering that the appellate body evaluates procedural aspects of the decision-making rather than conducting in-depth case (re-)evaluations.
Copyright (c) 2024 Laure Deschuyteneer, Lars Breuls https://creativecommons.org/licenses/by/4.0
Military violent crime in the Ukrainian criminal law system: Analysis, gaps, and prospects
There is a significant gap in the academic literature on military violent crime due to the fact that the delimitation and categorization of military violent crimes has not yet been carried out. The article focuses on the problem of military violent crime in Ukraine in the context of martial law and determines the differences in the classification and regulation of such crimes in accordance with domestic and international legislation. The aim of the article is to analyze the dynamics of military violent crime in Ukraine during martial law. Moreover, gaps in the classification of such crimes are identified, while their characteristics are compared in accordance with the Criminal Code of Ukraine and international criminal law. Apart from that, various types of violence in the military enshrined in the Criminal Code of Ukraine are investigated and court sentences on such cases are analyzed. The article covers the period from the beginning of Russia’s military aggression in 2014 to the full-scale invasion in 2022, revealing trends and gaps in criminal legislation. Finally, suggestions to amend the legislation on military violent crime are presented in order to improve the legal situation in the country.
Copyright (c) 2024 Ganna Sobko, Valerii Molotai, Andrii Lyseiuk, Oleksii Kryzhanovskyi, Tetiana Nikolaienko https://creativecommons.org/licenses/by/4.0
“The Sámi Exceptionalism”? Sámi People as inmates in Norwegian prisons: Ethnos and penitentiary policy
The Sámi are one of the three indigenous ethnic groups in Scandinavia, and more than half of the Sámi population lives in Norway. The special status of the Sámi in this country, and thus the legal solutions adopted by the Norwegian authorities, is a result of historical conditions, particularly the indigenous nature of this group. Particularly noteworthy are the rights granted to the Sámi in Sameloven – a law from 1987 that introduces the exceptional right of the Sámi to use their language while serving sentences in prison. The aim of this article is to present the rights of the Sami people as they are situated within Norwegian correctional facilities from three perspectives: theoretical, showcasing the key relevant legislative solutions; practical, pointing out violations of the rights of Sámi prisoners and Norway’s attempts to address these violations; and axiological, explaining the origin and philosophy of the special treatment of Sámi inmates in Norway (and, more broadly, of the Sámi People).
Copyright (c) 2023 Katarzyna Witkowska-Rozpara https://creativecommons.org/licenses/by/4.0
Convergent and divergence pathways: Electronic monitoring (EM) in England and Wales and Poland
Electronic monitoring (EM) is a fixture in most criminal justice systems in Europe and around the world, but there is limited research on how EM operates in Eastern European states. Previous comparative research identified two distinct approaches to how EM is used and operated but Eastern Europe was not included in the analysis (Hucklesby, Beyens, Boone 2021). This paper addresses this knowledge gap by examining the use of EM in Poland and comparing it with England and Wales, thereby identifying similarities and differences in their approaches. The two jurisdictions are good comparators because the Polish system was originally modelled on England and Wales, they were both early adopters of EM in their respective parts of Europe, they share common problems of high prison populations and overcrowded prisons and they use EM extensively. The paper explores whether Poland has a distinct approach to EM implementation which differs from the British or Western European approaches and whether there might be a distinctive Eastern European model of EM. It argues that whilst the Polish approach to EM has evolved away from the British approach to share many of the features of the Western European model, it is sufficiently distinctive to suggest the existence of a third model or approach. Consequently, it raises questions about whether there is an Eastern European model or whether Poland’s approach is unique. The paper concludes by examining enduring questions about whether the approach of England and Wales or Poland have more effectively managed prison populations. It suggests that EM’s impact on prison populations has been marginal at best in both jurisdictions, putting ethical issues about its use into sharper focus.
Copyright (c) 2023 CC-BY https://creativecommons.org/licenses/by/4.0
On 22 March 2016 Belgium suffered a severe terrorist attack on its national airport, in Zaventem, close to Brussels, and the Maelbeek metro station. Thirty-two people were killed that day. Another 340 victims, some of whom suffered particularly serious injuries, will carry the scars for the rest of their lives. Such terrorist attacks, in the heart of Europe, pose an enormous challenge, one that goes beyond the role of the police and the judiciary or questions about the design and security of open or semi-open spaces, such as markets, metro stations, concert halls, nightclubs or airports. In addition to prevention and criminal investigation, there is also the question of the appropriate response when the perpetrators or their accomplices are caught. What is an appropriate punishment in such a context, for such awful offences? How long do we need to punish? And for what purpose do we punish? In this article we offer some reflections on these questions. We argue that the question of how to respond to crime – crimes of all kinds – should not be narrowed down to how we can impose “deserved” pain or how we can reach the goals of punishment more effectively; no, we should rather broaden it to the question of how we can strengthen and affirm our values and ideals through our response. “In figuring the equations of punishment … we cannot hold the punisher constant”, as James Whitman (2003) wrote in “Harsh Justice”. Punishment is not just about the defendants in the dock: it concerns us all, it affects us all.
Copyright (c) 2023 Tom Daems https://creativecommons.org/licenses/by/4.0
In search of the future of penology. Can we escape from the fatalistic vision of criminal law?
Penology, like the criminal law to which it essentially refers, is seen as a science in crisis. This crisis is related to the unclear conceptual and problematic scope to which it is intended to refer. In this text, the author presents a proposal for the broadest deployment of penology and juxtaposes it with contrology, a science that also includes methods of influence and control over human behaviour other than criminal. The author notes that it is impossible to predict the development of penology without reference to three factors that determine the development of almost all modern fields of knowledge: technological progress, medicalisation and economisation. It seems a sad anachronism to think about punishment as the basic response to crime in future. Instead, we should be aiming to develop methods to help people avoid situations in which their behaviour must be corrected through suffering.
Copyright (c) 2023 Wojciech Zalewski https://creativecommons.org/licenses/by/4.0
Penal exceptionalism in countries of Central Europe. Why is the region different?
The countries of Central Europe have for many years occupied a leading position in Europe when it comes to the level of incarceration. This begs the question of what lies behind this state of affairs. It may be connected with the history of the region, being under authoritarian rule for years. Another factor may be the penal populism that is present everywhere in the world, but has specific features in this region. One version of such explanations is the concept of “penal nationalism”. The research also indicates a relationship between social policy and egalitarianism, among other factors, and the size of the prison population. This raises the question of the extent to which the concepts relativizing punitiveness to categories of political economy apply to the region. Finally, there are other explanations that point to some prosaic factors of a “technical” nature that may have an undesirable influence on punitiveness. None of these concepts fully explain the unique situation of the region as a whole. However, they can be a starting point for building a more integrated concept.