A FEW REMARKS REGARDING EVIDENCE FROM THE INTERROGATION OF A WITNESS IN CONNECTION WITH THE SUBJECT OF A COMMUNITY INTERVIEW CONDUCTED IN A CRIMINAL CASE (ARTICLES 214 OF THE CODE OF CRIMINAL PROCEDURE)

The author discusses the role of documentary evidence in the form of the background survey in criminal proceedings. He also examines the possibilities and scope of verification of its content by interviewing as witnesses the person who conducted the evidence and the persons who provided information as part of the background survey. He emphasizes that it is justified in this case – in the context of the principle expressed in Art. 174 of the Code of Criminal Procedure – different approach to admitting and taking evidence from the testimonies of witnesses on the circumstances covered by the background survey. The article attempts to select typical cases in which it would be advisable to admit evidence from the testimonies of witnesses for the circumstances identified through the background survey.

GROUNDS FOR ANIMAL RESCUE PURSUANT TO ARTICLE 7(3) OF THE ANIMAL PROTECTION ACT OF 21 AUGUST 1997 IN REGARD TO THE INSTITUTION OF A COLLISION OF DUTIES UNDER ARTICLE 26 § 5 OF THE CRIMINAL CODE

The article discusses the conditions for the emergency receipt of animal from the owner in accordance with Art. 7 sec. 3 of the Act of August 21, 1997 on the protection of animals and indicates the need to enrich them with the premises for excluding criminal liability under Art. 26 § 5 of the Penal Code. The main research problems of the study are the premises of the proper and legal emergency receipt of animal from the owner within the meaning of Art. 7 sec. 3 of the Act, including an indication of when such behaviour is legal and when it is illegal, and a detailed specification of the scope of responsibilities of the person who performs the collection of the animal towards the owner of the received animal. According to Art. 217 of the Code of Criminal Procedure in connection with Art. 220 of the Code of Criminal Procedure only law enforcement agencies, including the prosecutor, police officers and other bodies authorized by the law, may search the apartment / land. Authorized representatives of a social organization whose statutory purpose is to protect animals do not have this competence, therefore they are required to cooperate with police officers in the scope of searches. The article shows that in the event of the emergency receipt of animal from the owner in accordance with Art. 7 sec. 3 of the Act, in the absence of Police officers and with the opposition of the owner of the apartment / land, there is no violation of the legal interest of protection of the home if the perpetrator acts in accordance with the principle of subsidiarity and the principle of proportionality underlying Art. 26 § 5 of the Criminal Code.

CRIMINAL AND ARCHITECTURAL PREVENTION

The article presents the most important aspects of the geographic dimension of criminology. Referring the considerations to areas such as sociology or, in general, knowledge about society, the subject matter was formulated in an interdisciplinary way, indicating its complexity and, at the same time, importance from the point of view of social sciences. In this work, space is seen in many perspectives - as a factor that has both a direct and indirect impact on the distribution of crime. Human activity in a given area and the possibility of spatial development of the area in terms of the tasks it is to fulfill are also important. The article is a theoretical analysis in which the analysis of Polish and foreign-language literature was used, as well as a descriptive historical method. There were also comparative analyzes in legal terms. The applied methodology contributed to the implementation of in-depth inferences, the results of which are the conclusions and research postulates presented at the end of the work. The article is dedicated primarily to people who have an impact on architectural changes in the area of towns and villages. The issues presented make a reference to the still valid problem of crime prevention. Spatial prevention should not only account for the so far unused opportunities that lie open to civil society, but also be a real change in the approach to construction. The process of space revitalization will be effective only through meta-analyzes consisting in the first place in recognizing, identifying existing or potential threats, and then implementing, in the course of social consultations, well-thought-out solutions that fit into a given space architecturally. These actions will require changes in the approach to the current protection against undesirable behaviors, focusing not on reducing the effects of adverse effects, but leaning towards criminal and architectural prevention. For this purpose, new legal solutions adequate to the existing national conditions will also be necessary.

THE TASKS OF A PROBATION OFFICER RELATED TO THE MONITORING OF PERFORMANCE OF PROBATIONAL OBLIGATIONS DURING THE TRIAL PERIOD IN “O” CASES

The tasks of the probation officer who execute judgments in criminal matters, resulting from the Executive Penal Code, include, inter alia, control of the execution by the convict of probation duties imposed by a court judgment. Their aim is to educate and prevent the return to crime. In connection with the supervision of the performance of duties during the trial period without adjudicated supervision, probation officers have a number of tasks that are discussed in this article. It also addresses issues raised by probation officers in the scope in which the implementing provisions do not directly specify the obligations of this professional group.

OUTLINE OF THE PROBATION SYSTEM IN NORWAY IN THE CONTEXT OF MINORS

Norway is one of the countries with a developed probation system. The purpose of this article is to review legal acts and literature, which is the basis for the general characteristics and specifics of this system, especially for minors. The example of Norwegian solutions may inspire the integration of social welfare, mediation and custodian courts activities. It may also indicate certain risks, especially in solutions concerning children and adolescents.

COUNTERACTING MOBBING IN THE PROBATION SERVICE

This article discusses the issues related to the possible causes of mobbing in the professional group of probation officers and the issues of tasks and activities of the probation officer employer in situations related to the phenomenon of mobbing in the probation officer service. Due to the special position of probation in the administration of justice, the author focuses on the tasks of presidents of regional and district courts aimed at counteracting the phenomenon of mobbing. It refers to activities that seem advisable in the event of the initiation of appropriate proceedings and remedial actions in the event of confirmation of mobbing. The issue of mobbing in the probation service has not been covered by a broader analysis so far. The aim of this study was to indicate the tasks incumbent on the presidents of courts as persons performing the tasks of the employer towards the probation officer, related to counteracting the phenomenon of mobbing. It cannot be ruled out that the variety and specificity of tasks entrusted to probation officers, the nature of these tasks and the structure of the location of this group in the structure of the judiciary may cause doubts as to the implementation of tasks related to counteracting mobbing.

ANALYSIS OF THE USEFULNESS OF VIDEO MONITORING RECORDS FOR THE PURPOSES OF IDENTIFYING THE PERPETRATORS OF HOMICIDES

The article presents content related to the assessment of the usefulness of video monitoring for the identification of perpetrators of homicides as well as qualifying it as an important element of crime prevention. It presents the impact of the growing tendency of mass use of public space monitoring systems on the increased sense of security and control over situations which may threaten society. Moreover, the issues related to a perpetrator’s awareness of the inevitability of preserving their image by means of visual monitoring and its impact on the manner of their conduct as well as the possible withdrawal from committing a prohibited act have been signalled. The article also attempts to explain the reasons for the long-term impunity of some killers from the 1960s to the 1980s in relation to the lack of certain technological solutions, and especially the lack of video surveillance in areas where it is commonly used today. The article also covers the current legal solutions allowing for the legitimate collection of images from video monitoring, including those related to the protection of personal data in connection with the processing of images of the perpetrator.

CRIMINAL LIABILITY RELATED TO THE SYSTEM OF ELECTRONIC SURVEILLANCE AND CIRCUMSTANCES IN WHICH SENTENCED PERSON AVOIDS PERFORMING DUTIES ORDERED BY THE COURT

The crucial aim of this article is to indicate grounds of legal liability connected with situations in which person sentenced to penalty, punitive measure or safeguard measure, within the system of electronic surveillance, violates certain duties. Considerations concerning the aforementioned issues are preceded by the analysis on the essence of the electronic surveillance, reasons for its implementation into the applicable legal system and means of its usage related to legal instruments of penal reaction to perpetrator’s behavior. Moreover, author of the article analyses legal character of the prison sentence performed with the usage of electronic surveillance. This constitutes starting point for answering practically important question: whether leaving the place of performing prison sentence within the system of electronic surveillance can be qualified as the offence of self-release, determined in art. 242 § 1 of the Criminal Code. At the end of the article, author presents de lege ferenda postulates concerning normative solution related to the legal ground of qualifying behaviors consisting in avoiding electronic surveillance.

ANALYSIS OF THE EFFECTIVENESS OF SOCIAL REHABILITATION INTERACTIONS AND THE POSSIBILITY OF ITS EVALUATION IN THE CONDITIONS OF PROBATION OFFICERS SERVICE FOR ADULTS

The effectiveness of social rehabilitation arouses a plethora of emotions both in the public opinion and in the environments connected with the activities supporting the processes of secondary socialization. This issue is still current and gives rise to emotions, which stems from multiple dilemmas referring to its scope, the factors influencing its level, the possibilities of measuring it, or even the precise definition thereof. In this article the attempt is undertaken to depict the complexity of the evaluation process as regards the effectiveness of social rehabilitation treatments. The review of the criteria allowing for the estimation of social rehabilitation effects is conducted, plus the reference is made to the results of findings over the effectiveness of treatments as carried out by the probation officers for adults, along with the mention of practice.

THE ALTERNATIVE SANCTIONS FOR FINES IN POLAND AFTER 2015

The subject of the article is the analysis of the model of substitute imprisonment for a fine adopted after the substantive amendment of the criminal executive law that entered into force in 2015. In the opinion of the Authors, the legislative changes at that time involuntarily contributed to a radical increase in adjudicated substitute penalties and, consequently, the costs of functioning of the justice system. The article presents also preliminary recommendations aimed at changing this state.