Archives of Criminology
type: channel
description: “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.
publisher: Instytut Nauk Prawnych Polskiej Akademii Nauk
language: en
publication name: Archives of Criminology
issn: 0066-6890
copyright: 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.
items: Estimating the extent of unreported crime: Results of the Second National Victimisation Survey in the light of new challenges
items: The Expectations and Needs of Victims towards the Justice System
items: Sexual violence in a relationship – the scale and characteristics of the phenomenon
items: A lone voice in the wilderness? Persistent problems with victim support in Czechia
items: Comparison of Albert K. Cohenʼs theory of delinquent subculture with selected psychological theories
items: Enhancing the criminology of mobility: A need for interdisciplinary and multi-sited research approaches. Introduction
items: Dark personality traits and cyber-dating abuse: The moderating role of empathy
items: Life imprisonment without parole: Results of a longitudinal study in Hungary
items: Asylum procedure as a means of transferring victims of human trafficking to Poland
items: Human smugglers or smuggled persons? An approach to the situation of youths accused of human smuggling in southern Spain
items: Social sorting in Europe: Self-censorship in a digital asylum
items: The reform of administrative detention in Italy: A “declaration of war” to irregular migrants and asylum seekers
items: Why study the imprisoned middle class?
items: How does restorative justice work? Shame, guilt and procedural justice in restorative meetings
items: Changing penologies and European crime policy: Theory and practice in the global context. Introduction
items: Facilitator or victim? On punishment for facilitating illegal border crossings during the Polish–Belarusian humanitarian border crisis
items: Sexual predators: Female sex offenders
items: The development of criminal law and criminal executive policy in Ukraine (during the period of independence) concerning juveniles who have committed a prohibited act
items: Hope for success as a predictor of the effectiveness of the rehabilitation process of juveniles in correctional facilities
items: Struggles over the borders of international protection: A socio-legal analysis of climate-induced migration in Italy
items: Behind the desk: Examining the decision-making and legitimation practices of immigration officials in return procedures in Belgium
items: Military violent crime in the Ukrainian criminal law system: Analysis, gaps, and prospects
items: “The Sámi Exceptionalism”? Sámi People as inmates in Norwegian prisons: Ethnos and penitentiary policy
items: Convergent and divergence pathways: Electronic monitoring (EM) in England and Wales and Poland
items: A penology for Europe
items: In search of the future of penology. Can we escape from the fatalistic vision of criminal law?
items: Penal exceptionalism in countries of Central Europe. Why is the region different?
items: Short-term detention in Austria
items: Theoretical framework for an analysis of the recent criminal law reforms in Poland
items: The translation of humanity into prison design: How do the new, standardised “Model 2015” prison buildings meet normative demands in Norwegian crime policy?

Estimating the extent of unreported crime: Results of the Second National Victimisation Survey in the light of new challenges
type: item
description: 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.
subject: Articles
  topic: section
subject: victimisation
  topic: keywords
subject: crime
  topic: keywords
subject: vulnerable groups
  topic: keywords
subject: cybercrime
  topic: keywords
subject: survey
  topic: keywords
creator: Paweł Ostaszewski
creator: Justyna Włodarczyk-Madejska
creator: Joanna Klimczak
rights: Copyright (c) 2025 Paweł Ostaszewski, Justyna Włodarczyk-Madejska, Joanna Klimczak https://creativecommons.org/licenses/by/4.0
date: 2025-11-06
publication date: 2025-11-06
starting page: 33 ss.
ending page: 33 ss.
doi: 10.7420/AK2025.05

The Expectations and Needs of Victims towards the Justice System
type: item
description: 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.
subject: Articles
  topic: section
subject: victimology
  topic: keywords
subject: victim
  topic: keywords
subject: victimization
  topic: keywords
subject: Victim Support Assistants
  topic: keywords
subject: survivor
  topic: keywords
creator: Witold Klaus
creator: Łukasz Kuliński
rights: Copyright (c) 2025 Dr hab. Witold Klaus, prof. INP PAN, Łukasz Kuliński https://creativecommons.org/licenses/by/4.0
date: 2025-08-14
publication date: 2025-08-14
starting page: 39 ss.
ending page: 39 ss.
doi: 10.7420/AK2025.03

Sexual violence in a relationship – the scale and characteristics of the phenomenon
type: item
description: The main aim of the study was to estimate the scale of sexual violence in relationships experienced by women. The study was nationwide and was part of a pan-European victimization study on gender-based violence (GBV). The study was carried out in 2021-2023 by the Central Statistical Office with co-financing by EUROSTAT. The study used a survey questionnaire prepared by Eurostat, and the study was carried out on 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 in a relationship or in the past were analyzed. A total of 5,242 survey questionnaires were collected that met the established criteria. It turned out that nearly 4% of women experienced serious acts of sexual violence in a relationship by a current or former partner. Sexual violence is usually combined with experiences of psychological and physical violence from a partner. Reporting this type of acts is extremely rare and most often only when there are physical injuries requiring medical consultation.
subject: Articles
  topic: section
subject: violence against women
  topic: keywords
subject: sexual violence
  topic: keywords
subject: sexual violence in a relationship
  topic: keywords
subject: marital rape
  topic: keywords
subject: partner rape
  topic: keywords
creator: Anna Więcek-Durańska
rights: Copyright (c) 2025 Anna Więcek-Durańska https://creativecommons.org/licenses/by/4.0
date: 2025-11-04
publication date: 2025-11-04
starting page: 24 ss.
ending page: 24 ss.
doi: 10.7420/AK2025.04

A lone voice in the wilderness? Persistent problems with victim support in Czechia
type: item
description: 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.
subject: Articles
  topic: section
subject: victims of crime
  topic: keywords
subject: victim support
  topic: keywords
subject: Czechia
  topic: keywords
subject: legislative framework
  topic: keywords
subject: secondary victimisation
  topic: keywords
creator: Michaela Roubalova
creator: Hana Preslickova
creator: Jakub Holas
rights: Copyright (c) 2024 Michaela Roubalova, Hana Preslickova, Jakub Holas https://creativecommons.org/licenses/by/4.0
date: 2025-04-07
publication date: 2025-04-07
starting page: 18 pp.
ending page: 18 pp.
doi: 10.7420/AK2025.01

Comparison of Albert K. Cohenʼs theory of delinquent subculture with selected psychological theories
type: item
description: 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.
subject: Articles
  topic: section
subject: self-esteem
  topic: keywords
subject: status
  topic: keywords
subject: agression
  topic: keywords
subject: delinquent subculture
  topic: keywords
subject: Albert K. Cohen
  topic: keywords
creator: Jakub Orłowski
rights: Copyright (c) 2024 Jakub Orłowski https://creativecommons.org/licenses/by/4.0
date: 2025-05-06
publication date: 2025-05-06
starting page: 21 ss.
ending page: 21 ss.
doi: 10.7420/AK2025.02

Enhancing the criminology of mobility: A need for interdisciplinary and multi-sited research approaches. Introduction
type: item
description: 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.
subject: Articles
  topic: section
subject: criminology of mobility
  topic: keywords
subject: border criminology
  topic: keywords
subject: crimmigration
  topic: keywords
subject: criminalisation of migrants
  topic: keywords
subject: border practices
  topic: keywords
creator: Cristina Fernandez-Bessa
creator: Valeria Ferraris
creator: Witold Klaus
creator: Mieke Kox
rights: Copyright (c) 2024 Cristina Fernandez-Bessa, Valeria Ferraris, Witold Klaus, Mieke Kox https://creativecommons.org/licenses/by/4.0
date: 2024-09-30
publication date: 2024-09-30
starting page: 5
ending page: 14
doi: 10.7420/AK2024.14

Dark personality traits and cyber-dating abuse: The moderating role of empathy
type: item
description: 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.
subject: Articles
  topic: section
subject: cyber dating abuse
  topic: keywords
subject: intimate violence
  topic: keywords
subject: dark triad
  topic: keywords
subject: dark tetrad
  topic: keywords
subject: psychopathy
  topic: keywords
subject: sadism
  topic: keywords
subject: empathy
  topic: keywords
creator: Krzysztof Nowakowski
creator: Aleksandra Gubała
rights: Copyright (c) 2024 Krzysztof Nowakowski, Aleksandra Gubała https://creativecommons.org/licenses/by/4.0
date: 2025-02-14
publication date: 2025-02-14
starting page: 29 ss.
ending page: 29 ss.
doi: 10.7420/AK2024.16

Life imprisonment without parole: Results of a longitudinal study in Hungary
type: item
description: 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.
subject: Articles
  topic: section
subject: life imprisonment
  topic: keywords
subject: personality development in prison
  topic: keywords
subject: prison effects
  topic: keywords
subject: career model in prison
  topic: keywords
subject: death penalty
  topic: keywords
creator: Agnes Solt
rights: Copyright (c) 2024 Agnes Solt https://creativecommons.org/licenses/by/4.0
date: 2024-12-20
publication date: 2024-12-20
starting page: 197
ending page: 220
doi: 10.7420/AK2024.12

Asylum procedure as a means of transferring victims of human trafficking to Poland
type: item
description: 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).
subject: Articles
  topic: section
subject: human trafficking
  topic: keywords
subject: modern slavery
  topic: keywords
subject: forced labour
  topic: keywords
subject: asylum
  topic: keywords
subject: violence
  topic: keywords
subject: protection of the victim
  topic: keywords
subject: foreigners
  topic: keywords
creator: Łukasz Wieczorek
rights: Copyright (c) 2024 Łukasz Wieczorek https://creativecommons.org/licenses/by/4.0
date: 2025-02-10
publication date: 2025-02-10
starting page: 29 ss.
ending page: 29 ss.
doi: 10.7420/AK2024.15

Human smugglers or smuggled persons? An approach to the situation of youths accused of human smuggling in southern Spain
type: item
description: 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.
subject: Articles
  topic: section
subject: migration
  topic: keywords
subject: asylum
  topic: keywords
subject: sea
  topic: keywords
subject: crime
  topic: keywords
subject: defencelessness
  topic: keywords
subject: law
  topic: keywords
subject: moral
  topic: keywords
creator: Jacqueline Carvalho da Silva
rights: Copyright (c) 2024 Jacqueline Carvalho da Silva https://creativecommons.org/licenses/by/4.0
date: 2024-09-30
publication date: 2024-09-30
starting page: 69
ending page: 100
doi: 10.7420/AK2024.06

Social sorting in Europe: Self-censorship in a digital asylum
type: item
description: 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.
subject: Articles
  topic: section
subject: surveillance
  topic: keywords
subject: censorship
  topic: keywords
subject: hardware
  topic: keywords
subject: imaginaries
  topic: keywords
subject: migration
  topic: keywords
creator: Veronika Nagy
rights: Copyright (c) 2024 Veronika Nagy https://creativecommons.org/licenses/by/4.0
date: 2024-09-30
publication date: 2024-09-30
starting page: 149
ending page: 179
doi: 10.7420/AK2024.13

The reform of administrative detention in Italy: A “declaration of war” to irregular migrants and asylum seekers
type: item
description: 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.
subject: Articles
  topic: section
subject: administrative detention
  topic: keywords
subject: borders
  topic: keywords
subject: asylum seekers
  topic: keywords
subject: deterrence
  topic: keywords
subject: symbolic policies
  topic: keywords
creator: Costanza Agnella
creator: Eleonora Celoria
rights: Copyright (c) 2024 Costanza Agnella, Eleonora Celoria https://creativecommons.org/licenses/by/4.0
date: 2024-09-30
publication date: 2024-09-30
starting page: 101
ending page: 129
doi: 10.7420/AK2024.11

Why study the imprisoned middle class?
type: item
description: 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.
subject: Articles
  topic: section
subject: middle-class prisoners
  topic: keywords
subject: prison sociology
  topic: keywords
subject: class
  topic: keywords
subject: importation
  topic: keywords
subject: deprivation
  topic: keywords
subject: rehabilitation
  topic: keywords
creator: Andrzej Uhl
rights: Copyright (c) 2024 Andrzej Uhl https://creativecommons.org/licenses/by/4.0
date: 2024-12-20
publication date: 2024-12-20
starting page: 181
ending page: 196
doi: 10.7420/AK2024.07

How does restorative justice work? Shame, guilt and procedural justice in restorative meetings
type: item
description: 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.
subject: Articles
  topic: section
subject: restorative justice
  topic: keywords
subject: victim-offender mediation
  topic: keywords
subject: procedural justice
  topic: keywords
subject: reintegrative shaming theory
  topic: keywords
subject: concept of readiness
  topic: keywords
subject: guilt
  topic: keywords
subject: shame
  topic: keywords
creator: Łukasz Kuliński
rights: Copyright (c) 2024 Łukasz Kuliński https://creativecommons.org/licenses/by/4.0
date: 2024-12-20
publication date: 2024-12-20
starting page: 123
ending page: 154
doi: 10.7420/AK2024.02

Changing penologies and European crime policy: Theory and practice in the global context. Introduction
type: item
description: 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.
subject: Articles
  topic: section
subject: contemporary penology
  topic: keywords
subject: European crime policy
  topic: keywords
subject: punishment
  topic: keywords
subject: international prison standards
  topic: keywords
subject: Scandinavian crime policies
  topic: keywords
creator: Joanna Beata Banach-Gutierrez
creator: Tom Daems
creator: Anthea Hucklesby
creator: Jarosław Utrat-Milecki
rights: Copyright (c) 2023 Joanna Beata Banach-Gutierrez, Tom Daems, Anthea Hucklesby, Jarosław Utrat-Milecki https://creativecommons.org/licenses/by/4.0
date: 2023-12-31
publication date: 2023-12-31
starting page: 7
ending page: 14
doi: 10.7420/AK2023.20

Facilitator or victim? On punishment for facilitating illegal border crossings during the Polish–Belarusian humanitarian border crisis
type: item
description: 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.
subject: Articles
  topic: section
subject: facilitation
  topic: keywords
subject: illegal border crossings
  topic: keywords
subject: discretion
  topic: keywords
subject: criminal liability
  topic: keywords
subject: family members
  topic: keywords
creator: Magdalena Perkowska
rights: Copyright (c) 2024 Magdalena Perkowska https://creativecommons.org/licenses/by/4.0
date: 2024-09-30
publication date: 2024-09-30
starting page: 37
ending page: 67
doi: 10.7420/AK2024.10

Sexual predators: Female sex offenders
type: item
description: 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.
subject: Articles
  topic: section
subject: sexual aggressors
  topic: keywords
subject: sexual predators
  topic: keywords
subject: sex killers
  topic: keywords
subject: rapists
  topic: keywords
subject: women sexually abusing children
  topic: keywords
creator: Małgorzata Kowalczyk
rights: Copyright (c) 2024 Małgorzata H. Kowalczyk https://creativecommons.org/licenses/by/4.0
date: 2024-12-20
publication date: 2024-12-20
starting page: 69
ending page: 122
doi: 10.7420/AK2024.03

The development of criminal law and criminal executive policy in Ukraine (during the period of independence) concerning juveniles who have committed a prohibited act
type: item
description: 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 offende…
subject: Articles
  topic: section
subject: criminal offense
  topic: keywords
subject: juvenile crime
  topic: keywords
subject: guilt
  topic: keywords
subject: juvenile delinquency
  topic: keywords
subject: juvenile criminal punishment
  topic: keywords
subject: educational colony
  topic: keywords
creator: Liudmyla Dubchak
rights: Copyright (c) 2024 Liudmyla Dubchak https://creativecommons.org/licenses/by/4.0
date: 2024-12-20
publication date: 2024-12-20
starting page: 29
ending page: 68
doi: 10.7420/AK2024.05

Hope for success as a predictor of the effectiveness of the rehabilitation process of juveniles in correctional facilities
type: item
description: 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.
subject: Articles
  topic: section
subject: juvenile
  topic: keywords
subject: rehabilitation
  topic: keywords
subject: hope
  topic: keywords
subject: effectiveness
  topic: keywords
subject: social skills
  topic: keywords
subject: social maladjustment
  topic: keywords
creator: Przemysław Frąckowiak
creator: Michał Nowak
rights: Copyright (c) 2024 Przemysław Frąckowiak , Michał Nowak https://creativecommons.org/licenses/by/4.0
date: 2024-12-20
publication date: 2024-12-20
starting page: 155
ending page: 180
doi: 10.7420/AK2024.08

Struggles over the borders of international protection: A socio-legal analysis of climate-induced migration in Italy
type: item
description: 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.
subject: Articles
  topic: section
subject: climate migration
  topic: keywords
subject: international protection
  topic: keywords
subject: human rights
  topic: keywords
subject: courts
  topic: keywords
subject: border struggles
  topic: keywords
creator: Michela Trinchese
rights: Copyright (c) 2024 Michela Trinchese https://creativecommons.org/licenses/by/4.0
date: 2024-09-30
publication date: 2024-09-30
starting page: 131
ending page: 147
doi: 10.7420/AK2024.09

Behind the desk: Examining the decision-making and legitimation practices of immigration officials in return procedures in Belgium
type: item
description: 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.
subject: Articles
  topic: section
subject: immigration officials
  topic: keywords
subject: administrative decision-making
  topic: keywords
subject: desk work
  topic: keywords
subject: legitimacy
  topic: keywords
subject: legitimation work
  topic: keywords
subject: crimmigration
  topic: keywords
creator: Laure Deschuyteneer
creator: Lars Breuls
rights: Copyright (c) 2024 Laure Deschuyteneer, Lars Breuls https://creativecommons.org/licenses/by/4.0
date: 2024-09-30
publication date: 2024-09-30
starting page: 15
ending page: 36
doi: 10.7420/AK2024.04

Military violent crime in the Ukrainian criminal law system: Analysis, gaps, and prospects
type: item
description: 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.
subject: Articles
  topic: section
subject: criminal offense
  topic: keywords
subject: martial law
  topic: keywords
subject: military personnel
  topic: keywords
subject: violent offenses
  topic: keywords
creator: Ganna Sobko
creator: Valerii Molotai
creator: Andrii Lyseiuk
creator: Oleksii Kryzhanovskyi
creator: Tetiana Nikolaienko
rights: Copyright (c) 2024 Ganna Sobko, Valerii Molotai, Andrii Lyseiuk, Oleksii Kryzhanovskyi, Tetiana Nikolaienko https://creativecommons.org/licenses/by/4.0
date: 2024-12-20
publication date: 2024-12-20
starting page: 5
ending page: 27
doi: 10.7420/AK2024.01

“The Sámi Exceptionalism”? Sámi People as inmates in Norwegian prisons: Ethnos and penitentiary policy
type: item
description: 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).
subject: Articles
  topic: section
subject: Sámi People
  topic: keywords
subject: prison
  topic: keywords
subject: Norway
  topic: keywords
subject: punishment
  topic: keywords
subject: discrimination
  topic: keywords
subject: indigenous peoples
  topic: keywords
subject: undoing historical wrongs
  topic: keywords
creator: Katarzyna Witkowska-Rozpara
rights: Copyright (c) 2023 Katarzyna Witkowska-Rozpara https://creativecommons.org/licenses/by/4.0
date: 2023-12-07
publication date: 2023-12-07
starting page: 25
ending page: 73
doi: 10.7420/AK2023.11

Convergent and divergence pathways: Electronic monitoring (EM) in England and Wales and Poland
type: item
description: 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.
subject: Articles
  topic: section
subject: electronic monitoring
  topic: keywords
subject: non-custodial sanctions and measures
  topic: keywords
subject: alternatives to prison
  topic: keywords
subject: suspended sentences
  topic: keywords
subject: pre-trial measures
  topic: keywords
creator: Anthea Hucklesby
creator: Paulina Sidor-Borek
rights: Copyright (c) 2023 CC-BY https://creativecommons.org/licenses/by/4.0
date: 2023-12-31
publication date: 2023-12-31
starting page: 285
ending page: 313
doi: 10.7420/AK2023.18

A penology for Europe
type: item
description: 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.
subject: Articles
  topic: section
subject: acts of terror
  topic: keywords
subject: punishment
  topic: keywords
subject: penal law
  topic: keywords
subject: European penal identity
  topic: keywords
subject: penology
  topic: keywords
creator: Tom Daems
rights: Copyright (c) 2023 Tom Daems https://creativecommons.org/licenses/by/4.0
date: 2023-12-31
publication date: 2023-12-31
starting page: 15
ending page: 28
doi: 10.7420/AK2023.13

In search of the future of penology. Can we escape from the fatalistic vision of criminal law?
type: item
description: 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.
subject: Articles
  topic: section
subject: penology
  topic: keywords
subject: criminology
  topic: keywords
subject: contrology
  topic: keywords
subject: penal law
  topic: keywords
subject: criminal law
  topic: keywords
creator: Wojciech Zalewski
rights: Copyright (c) 2023 Wojciech Zalewski https://creativecommons.org/licenses/by/4.0
date: 2023-12-31
publication date: 2023-12-31
starting page: 315
ending page: 328
doi: 10.7420/AK2023.16

Penal exceptionalism in countries of Central Europe. Why is the region different?
type: item
description: 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.
subject: Articles
  topic: section
subject: penal policies
  topic: keywords
subject: punitiveness of criminal justice
  topic: keywords
subject: penal exceptionalism
  topic: keywords
subject: incarceration rates
  topic: keywords
subject: penal climate
  topic: keywords
creator: Krzysztof Piotr Krajewski
rights: Copyright (c) 2023 CC-BY https://creativecommons.org/licenses/by/4.0
date: 2023-12-31
publication date: 2023-12-31
starting page: 171
ending page: 211
doi: 10.7420/AK2023.09

Short-term detention in Austria
type: item
description: One of the main concerns of the 1975 Austrian criminal law reform was to largely avoid the execution of short prison sentences. Due to their predominant disadvantages, they were to be replaced with fines wherever possible, and the execution of short custodial sentences was to be suspended as a subsidiary measure. Under Section 37 of the Austrian Criminal Code, a short custodial sentence for an offence that carries a maximum term of imprisonment of ten years is to be replaced by a monetary penalty if the court deems it justifiable for preventive reasons.
subject: Articles
  topic: section
subject: short-term detention
  topic: keywords
subject: resocialisation
  topic: keywords
subject: preventive prognosis
  topic: keywords
subject: negative effects of imprisonment
  topic: keywords
subject: alternatives to imprisonment
  topic: keywords
creator: Kathrin Stiebellehner
rights: Copyright (c) 2024 Kathrin Stiebellehner https://creativecommons.org/licenses/by/4.0
date: 2023-12-31
publication date: 2023-12-31
starting page: 267
ending page: 284
doi: 10.7420/AK2023.19

Theoretical framework for an analysis of the recent criminal law reforms in Poland
type: item
description: In the article, I analyse certain aspects of recent criminal law reforms in Poland from the perspective of criminal punishment being a complex legal and social institution of a processual nature. It is intended to enable a critical examination of the punitiveness of the penal system, which can hardly be explained by its effectiveness or even by penal populism. In the study I use the following methods: historical legal, comparative legal, formal logical, dialectical, analytical, synthetical and inductive/deductive. The synthesis and triangulation of the methods follow the principles of culturally integrated social and legal studies (Królikowska, Utrat-Milecki 2010).
subject: Articles
  topic: section
subject: punishment as a legal and social institution
  topic: keywords
subject: processual nature of punishment
  topic: keywords
subject: the potentiality of punishment
  topic: keywords
subject: enforceability of punishment
  topic: keywords
subject: penal denial
  topic: keywords
creator: Jarosław Utrat-Milecki
rights: Copyright (c) 2023 CC-BY https://creativecommons.org/licenses/by/4.0
date: 2023-12-31
publication date: 2023-12-31
starting page: 213
ending page: 242
doi: 10.7420/AK2023.14

The translation of humanity into prison design: How do the new, standardised “Model 2015” prison buildings meet normative demands in Norwegian crime policy?
type: item
description: Prison architecture reflects the ideas and values of a penal policy, providing insights into punishment philosophies. In Norway, normalisation, resettlement and dynamic security norms have shaped correctional care. Based on a mixed method study, this article examines how these norms are translated into “Model 2015” prisons. Despite spaces for positive prisoner relationships, the design faces challenges in escaping pervasive systems of control and discipline. Architectural boundaries obstruct dynamic security and impede the staff’s involvement in resettlement. Inadequate facilities for prisoner progression and daytime activities further undermines these processes. While some architectural and technological initiatives aimed at normalising prison life have proved successful, they tend to normalise not only the prison environment, but also the prisoners. The study demonstrates architecture’s critical role in realising humane prison conditions and emphasises the need for humane design.
subject: Articles
  topic: section
subject: prison architecture
  topic: keywords
subject: quality of prison life
  topic: keywords
subject: resettlement
  topic: keywords
subject: dynamic security
  topic: keywords
subject: humanity
  topic: keywords
subject: mixed methods
  topic: keywords
creator: Berit Johnsen
creator: Aleksandra Bartoszko
creator: Elisabeth Fransson
creator: Hilde Pape
creator: Francesca Giofrè
rights: Copyright (c) 2023 CC-BY https://creativecommons.org/licenses/by/4.0
date: 2023-12-31
publication date: 2023-12-31
starting page: 85
ending page: 114
doi: 10.7420/AK2023.10