SECURITY DIMENSIONS AND SOCIO-LEGAL...
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SECURITY DIMENSIONS AND SOCIO-LEGAL STUDIES EDITORS: ROBERT SOCHA PHD. JANUSZ GIERSZEWSKI PHD. JUDR. ŠTEFAN KOČAN, PHD. SCIENTIFIC JOURNAL NO. 7 Cracow June 2012
Transcript of SECURITY DIMENSIONS AND SOCIO-LEGAL...
SECURITY DIMENSIONS
AND
SOCIO-LEGAL STUDIES
EDITORS:
ROBERT SOCHA PHD.
JANUSZ GIERSZEWSKI PHD.
JUDR. ŠTEFAN KOČAN, PHD.
SCIENTIFIC JOURNAL
NO. 7
Cracow
June 2012
Scientific Board:
dr hab. Tadeusz Ambroży prof. nadzw.
prof. Yuriy Boshytskyi
dr Wojciech Czajkowski
dr hab. Jacek Dworzecki
dr hab. Marta Grzybowska
JUDr. Stefan Kocan, PhD.
doc. JUDr. Mojmir Mamojka, PhD.
prof. dr hab. Jerzy Ochmann
dr Juliusz Piwowarski
doc. JUDr. Karel Schelle, CSc.
dr prof. ośw. Aleksander Staniszew
prof. dr hab. Łukasz Trzciński
doc. PaedDr. Samuel Uhrin, CSc.
General Major JUDr. Jozef Zatko
Executive editor:
Agnieszka Wiczkowska
Editorial oversight:
Text, Kraków, www.text.bci.pl, [email protected]
Reviewers: dr hab. Tadeusz Ambroży prof. nadzw., płk dr Jerzy Depo, dr hab. Jacek Dworzecki, dr Adam Gołuch, dr hab.
Ladislav Hofreiter, dr Wojciech M. Hrynicki, dr hab. Kuba Jałoszyński, dr inż. Barbara Kaczmarczyk, dr hab. Krzysztof
Kaganek, dr hab. Leszek F. Korzeniowski prof. nadzw., dr Bogusław Płonka, prof. dr. hab. Jerzy Ochmann, doc. Samuel
Uhrin, dr Robert Socha, prof. dr hab. Bernard Wiśniewski
Printed edition: 100 cop.
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3
FOREWORD ........................................................................................................... 5
INSTRUCTIONS FOR AUTHORS ........................................................................ 7
MASS EVENTS SECURITY – THEORY AND PRACTICE. ............................... 9
THE INFLUENCE OF ALLIANCES ON THE SAFETY OF THE STATE. ....... 19
METHODS OF DETECTING POTENTIAL TERRORISTS AT AIRPORTS ..... 33
JUDGMENT BY DEFAULT. ................................................................................ 47
Ing. Petr Selinger, PhDTECHNICAL PROTECTION OF OBJECTS ....................................................... 62
Ing. Barbara Kaczmarczyk PhDLEGAL AND ORGANIZATIONAL ASPECTS OF CONDUCTING JOINT OPERATIONS OF BG WITH SELECTED ELEMENTS OF INTERNAL SECURITY SYSTEM OF THE STATE ..................................... 70
THE CRISIS AND THE CRISIS SITUATION – RELATIONS ........................... 84
THE ENDOGENOUS CAUSES OF TERRORISM ............................................. 96
TRADITION AND MODERNITY OF JAPANESE SECURITY CULTURE .... 120
Aleksandra Zubrzycka THE COSTS OF STUDYING AND THE STRUCTURE
............................................................ 129
JURIDICAL CHARACTER OF CONDITIONAL SUSPENSION OF THE CARRYING OUT OF A SENTENCE .................................................. 139
4
NOTY O AUTORACH ........................................................................................ 158
5
Various aspects of security must be explained and implemented as a unique Mission of the School of Higher Education in Public and Individual Security
modernity in various articles presented in this issue of the Schools Scientific Papers.
the culture of honor and administration of security systems, historically performed by representatives of military families, and later by representatives and structures of Uniformed Services. Let us remember that the psychophysi
of bushido
West.Lecturers of the School of Higher Education in Public and Individual Se
dertake a task to present in this issue of Security Dimensions and Socio-Legal
Studies
their interests and tasks of teaching and research.
6
7
INSTRUCTIONS FOR AUTHORS
Editorial Board accepts articles of more than 7 pages normalized man
English and have a summary – keywords
There should be a brief author’s biography (name, surname, academic
A full should be placed at the end of the
title in italics, publisher, place of publication, year of publication (example: Rosa R.,
of publication and issue number (example: Koziej S.,
Footnotes
¹ R. Rosa, ² M. Kudelska, Wschodu
³ S. Koziej,
4
8
Quoted text should be placed in quotation marks. In the case of nested
stylistic, linguistic and punctuation corrections in texts intended for publication. The editorial house does not return unsolicited materials.
. At the same time the authors are exempted from publishing fees.
Copyright of the published article belongs to the Editorial House of
rights transfer.
9
MASS EVENTS SECURITY
– THEORY AND PRACTICE.
-
ty1
2
-
The amended Act of 20 March 2009 on mass events security and the executive legislation very clearly specified State Organizations responsible for security3 at such events, pointing in particular to the organizers and the council of the local authorities issuing the permit.
It all resulted in a general, favorable for the Police change in the approach
1 The amended Act of 20 March 2009 on mass events security.2 Ibidem.3 The amended Act of 20 March 2009 on mass events security.
10
diums and other venues secure. Therefore, after implementation of the men4.
expectations of the legislature. According to the evaluation of the Police Headquarters and police field
units it needs further development. Practically saying, the only initiator of
still maintained and is under consideration in the Parliament.
articles from 5 to 12, Section 2 of the cited Act5.
rity of participants is put on the board of a club organizing the match or other event6.
do so. Deficiencies in the process of organizing and preparing the events and 7.
mass disturbances and hooligan excesses, primarily in stadiums (decreasing
4 Ibidem.5 Ibidem.6 Polish Football Association – Department of security on football stadiums, „Security vadem
7
and technical problems.
11
steady level, but still unsatisfactory.The report “Security of mass events”, prepared each year by the Police
Headquarters, confirms this thesis8.
controlled. Without a doubt, this is a result of permanently improving infrastructure of sport venues and a better preparation on the part of event organizers. This came mostly as a result of Poland and Ukraine being the organizers
too high.
often do not even meet the basic security requirements.
to meet a deadline for the stadiums in this area by the year 19989
of the stadiums of the 1st, 2nd and 3rd League10.
8
9
10 Resolution n
sion football clubs.n
division football clubs.n
12
What, then, is the temporary license?
unspecified group of football fans, including a large number of hooligans.
ily permitted for games stadiums?By asking these questions, one should realize the fact that every time the
tion, namely to the Police, the Public Prosecutor’s office and the Court, at the same time forgetting that the negligence is on the part of the organizer.
Police after inspection of an object (annexed to the application for a permit to 11.
sessing a sport club, let the meetings take place on such venues, accepting the organizers’ assurance that the necessary renovations or appropriate organi
also happens that the clubs are seeking a decision declaring that the matches
take any further actions, or keep leading them as a cover.
sion football clubs. 11 The amended Act of 20 March 2009 on mass events security.
13
the violated order12. For this very reason the presence of large police forces on sports facilities, or in its immediate neighborhood, has become a common
events, mainly football matches.While intervening in the course of its implementation, 58 police officers
The costs borne by the Police to carry out these tasks amounted to more than 31 million PLN13.
While the organizers of international events and the Ekstraclass usually do
tion and implementation of events, mostly in kinds of small, mass and finally,
14.
issued by the Police and attached to applications for permits
In such cases, the organizers put the blame on the police, unfortunately
and proper organization and course of events, including football matches. It
12 Police procedures for the protection of mass events, meetings and demonstrations.C
13
14 The amended Act of 20 March 2009 on mass events security.
14
the organizer should take into account the fact that the number of seats assigned to football fans stand at 200, resulting in the tour operator to submit an application to the competent authority of the government to issue a decision
tunately, this is not happening.
cerning the organization of games that are not mass events, especially in terms of the obligations of the organizers or clubs.
The police is not responsible for the organization of small events, but its
lence of hooligans moved outside stadiums.
haviors of fighting feuding groups. Increasingly, you can see the tables and
these groups, by appointment, conduct regular fights, often in public places.
pact of not using dangerous tools’ in such fights.
15.
ever the drunk and violent hooligans appear. Police are prepared for such situa
The most effective methods of combating hooliganism in stadiums are still in the process of mastering. One of the tools is a punishment system for
lice. Police patrols no longer escort the groups of football fans on long jour
fit in 12 hours, and often covered the entire day.
15
15
The information held by the Police reveals that the change in the policy of escorting the football fans did not bring any negative effects to the order and security of passengers in trains.
But the fact is that, during the journeys of the football fans there are situations that result in the destruction of the fleet carrier, rail infrastructure, in
and health of the travelers. It is important to remember that the changes have
Still, the main burden of responsibility for the safety of travelers on trains
at least to support police activities by the carrier services such as SOK, as
on mass events security.Police forces remaining in constant readiness for securing mass sport
events should be a measure of last resort, but should not be the sole guardian
Organized groups of football fans keep getting better at avoiding the
assumed that they do not even have such information. The most often practice
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Polish Confederation of Sport, sports clubs and associations, the government entities and local authorities.
Despite the provision imposing on the entities a clear obligation of cooperation in this field, it is not still implemented at the expected level. Police initiative in this regard is sometimes interpreted as conducting surveillance and restricting freedom. Perhaps those responsible for informing the police
cerning them16.
must become the monitoring of hooligans intentions leading to neutralization of the sources of hooliganism.
ish the buildings of the hosts. The sport clubs’ boards should not argue that the stadium hooligans are not football fans. Unfortunately, they are, but their behavior cannot be accepted, and they should not even be in the stadiums.
specified by voivodeship governors. This obligation limits only to the stadium itself. Based on the recognition of this problem by the police, it should be noted that the footage materials of many objects present so poor quality,
the process. Preserved images often make it impossible to identify the perpetrators of
dents took place. This is the effect of not being specific enough in articulat
ready been addressed and is included in the police proposals to the mentioned act regarding such meetings.
The great difficulty in planning the security of sports events is the calendar
16 The amended Act of 20 March 2009 on mass events security.
17
police forces. Repeated accumulation of several meetings every year in one voivodeship at the same time, significantly reduces the possibility of proper securing of all these matches.
Unfortunately in this case the most important thing for the media is their time on the air, but not the comments and proposals made by the Police.
It seems that the most urgent common aim should be to create and imple
sibilities of all entities and institutions involved in public mass events and a system of enforcement of these obligations. These legislation plans have already started. This time the intention of the Police is to make the changes go even deeper and much further than previously, and to make them function and not just be passed or ratified.
of sport education can make the sports venues become a place of safety and noble competition.
The amended Act of 20 March 2009 on mass events security.
21.
KGP.Polish Football Association – Department of security on football stadiums,
„Security vademecum on football stadium in Poland (by legal status in 30
natural disaster and technical problems.
18
Directives of Polish Football Association on technical and organization re
February, 1995. Resolution
license to 3rd division football clubs.
ing a license to 2nd division football clubs.
license to 1st division football clubs. Police procedures for the protection of mass events, meetings and demonstra
tions.
19
Government Protection Bureau
on the Safety of the State.
-
-
Key words:
ty”
security, and guarantees its maintenance and a chance of improvement. This
characterized by the lack of the risk of the loss of something of value for hu
20
– – – – –
– – – – – – Social.
of the state” and “the national safety”. Trying to compare the contents
equal to “state security”. The standardization chances of these notions are small as they are deeply
rooted in our nomenclature and universally applied. The proof of it can be given by the names of such institutions as for example “National Security Office” and “ State Defense System”. Obviously, the national safety, accord
21
For my further considerations I have accepted S.Koziej’s definition of
Safety appears in all fields of the state activity. Therefore its structure
nomic security , social, military, public, ecological, informative safety etc.
parts : – the assurance and a guarantee of intact survival – the assurance of liberal further development.
Comprehended as such, the safety of the state, makes its creators act in a
– The survival of the state, as an independent subject of international relationships , nation, as a distinguished ethnic group and biological survival
state is ready to sacrifice other different values, for they cannot be kept in
–
– – The assurance of suitable life standards of citizens , a suitable level of so
22
property, style and the quality of life, friendly and safe natural environment, the assurance of life, health and possessions safety, the minimization of the threats to life, health and possessions resulting from the activity of a man and natural forces, the assurance of the perspective of further
The safety of the state is perceived, as a certain condition of a given real
uting to its existence if the attempt to assess it is made and it might be very
4. The state of safety.
of safety, if there are real threats and perception of this situation is correct.
The safety of the state as and its organization are the subject of dynamic changes undergoing according to the rhythmic changes of surrounding en
To fulfill the mission of creating national security suitable institutions and structures are needed, they might be called the execution structures (those
set of preparations and organization of the country leading to continuous
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– – – – – –
The state, as the highest form of social organization is created mainly to assure the national security and execute the chief aim through its security pol
The safety of the state depends on numerous factors. We can divide them
– – Historical and cultural conditioning – Possessed natural resources – – Climate – Ethnic composition of the population.
modified by the state in a smaller or a larger degree is more numerous. It
– – – – – – – – – Social state of mind
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– – – Participation in political and military alliances
participation of the state in political and military alliances. This factor creates
on the international arena and thus it has a positive influence on its security. In such a case one can count on various help from the allies. On the other hand, the participation in alliances imposes certain duties and a strategy,
in an increase of the threat to national security. The coalition of NATO mem
good example. As a consequence the allied countries encountered increased
fundamentalists terrorism. One achieves aims in the range of the realization of safety through the
leadership in suitable politics of safety, in the current activity of state and his managerial organs.
cal leadership, country’s current presence on international stage and active
Threats.
or ignored. In advantageous conditions they can create additional chances
25
many categories of threats concerning the security of the country. Among
and non military. The last ones can be further divided into political, economical, social informative, ecological, natural and etc.
crease of enemy hostility, the development of its possibilities and shortening the time of hypothetical reaction of systems foreseen for its neutralization.
state functioning. Such a condition can be caused by both: internal factors
nomena as natural disasters or others. Every terrorist attack conducted either on the territory of the country or against its citizens or property outside dis
complex or serious in its results depending on the scale of the attack and the consequences resulting from it.
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Terroristic. is understood as
The profound concern of the country in this matter suggests that it is undoubtedly the most important field among the others of the same kind. Crisis can arise as a result of planned and organized manipulations or delayed ac
In some cases it might be the insubordination to UN resolutions, disobedi
cooperation, the development of violent religions or other ideologies, the change of borders surrounding the state, opposition against the integration and stability in the region, the existence of secession groups in the coun
of their influence, corruption and the penetration of criminal elements into
turbance of civil rights, forgery of elections, the cooperation of the authorities
and outside the country, manipulation of consciousness and the psyche of the society, the citizens mass migrations and ethnic purges, the uncontrollable
internal and external conflicts in the light of international audience, interference in the internal matters of the state, the lack of the effective management
27
in critical situations, support of international terrorism, the progressive fall of expenditures on safety.Military threats(20)
tacks in the USA and different states prove that such threats for functioning
try is described best by a simple statement that it is the real possibility of
to a country, or by a country name many forms of direct and indirect use of
demonstration of forces, military sabotage, military blockade, military blackmail, military provocation, border incidents, limited use of armed violence,
relate to the problems of production, exchange and
the country and in the same time of its citizens. They are often identified as economic threats. They include finances of
the state, the process of the production, trade and access to natural resources, especially energy. In some cases the economical threats can be observed at
country in the relation to different states, restricted access to other markets, financial means and natural resources, the loss of foreign markets, economical
poverty regions, limiting of the expenses on scientific research and the lack of the transfer of scientific achievements to to other economies, economic blockades and economic discrimination, presence of international criminal groups in the economy, creating “black market”, the financial instability of
public expenses,
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profits”, economic crime and formation of a “grey zone” in the economy, the pauperization of the society and mass unemployment, the excessive import
decrease of the employment in the country, financial speculations, the lack of the mechanisms of economic competition and boosting the economic situa
The term of appears rarely in national publications.
chosocial, cultural or civilization. The term social threats includes all cases concerning the dangers of losing health or life, national and ethnic identity of
the particular features of every society and the distinction of its institutions,
include into it violation of human rights and basic freedoms, cultural and religious prejudices and discrimination of national, ethnic, cultural, religious and language minorities.
Sex discrimination, manipulations of the consciousness and the psyche
of mass media, nationalism, chauvinism, xenophobia, religious fundamentalism, social pathologies rime, terror, mafia structures, drug addictions, epidemics, prostitution, alcoholism, illiteracy, mass unemployment, families
of violence, the brutalization of inter human relationship, catastrophes and
29
crises, pauperization and the famine of large social groups, the degradation of transport, housing and communication infrastructure.
means the security of the country in terms of nature and living conditions of citizens in natural environment and stable development of the nation. Such threats can be evoked either by human activity
defined as
include
pal, industrial and nuclear, the implementation of dangerous industrial tech
The fight of Poles for freedom during long periods of our history, fighting for independence from Nazi occupants and other
30
it from typical army sabotage, due to the fact that it is a state sabotage, diver
stability and the destruction of authority structures. Terrorist threat can also be the prelude to armed conflicts planned by an
it might turn to an open armed conflict. Such activities may happen according
damentalist aims. The activities of such groups can lead to antagonisms
2. Mass formation of national, informal armed groups on Polish territory
3. Armed terrorism of informal groups of anarchistic organizations or religious fundamentalists insisting on authority structures to be granted some privileges , harassing and frightening the society. All these can lead to the destabilization of interior situation.
4. Armed blackmail and the use of violence by organized, formal and informal groups insisting on the authorities to gain concessions. They can turn into bomb attempts and assaults on military objects or other public buildings, sabotage or diversion, some border clashes etc.
5. Armed incidents, the activities of hostile organizations or formations un
Such actions can be of provocative or terroristic character, punctual or
6. Provocative infringement of the area of our country in the border zone
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the conflict. Terrorism – exists, as one of the most basic military threats – in this men
tal category it is used by the enemy to influence the political and social life
quired for their activity, can be just an excuse to start military activity against a given country, such a situation is very likely to happen.
Participating in all alliances can have both sides. On one hand it extends
Political alliances or economic communities can generate the threats of political, military or economic character. They can also raise the threats of terrorist activities. The reason of the above is a must of acting according to
the country in question. These days it is a characteristic feature, as most of
tions, to maintain peace in the region etc. Such a duty requires from membership countries the sending and providing proper equipment, supplies to their
– –
– Necessity of bearing the expenditures on the equipment and providing for
– Risking hostility resulting from the participation in a mission and other
the states supporting or sponsoring the enemies of such missions.
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mentioned threats is very unlikely to happen these days and in contempo
of terrorist activities as they are quite easy to prepare, require a short time and cause very severe injuries to the attacked. The existence of such a threat means the necessity of creating or extending the present state system to com
tory and institutions against terrorist organizations. Creating and maintaining such a system is very strenuous, expensive and time consuming.
33
at airports
Abstract:
-
-
Key words:
Rising crime and a high risk of terrorist attacks cause that predicting ag
become a necessity. In order to protect the security of citizens, including the requirement of eliminating direct attacks on life, health or property of individuals, the methods based on scientific research are applied.2
1 W. Froncisz,
2 J. Czapska, 2004, s. 32.
34
Systems used at airports are the examples of utilizing research findings to predict aggressive behavior: methods of detecting potential terrorists, based on the analysis of behavior, emotions visible on faces, and physiological indicators.
In recent years the interest to improve the reliability of deception and hostile intentions detection techniques is related to the need of increasing the
States government through its security agencies is looking for and financing research on modern lie detection techniques.3
ning a hostile act, merely by observing behavior. Some researchers are convinced that scientific methods of detecting hostile intentions, among others by detecting deception, can help to catch terrorists and provide security. This article focuses on behavioral methods of detecting potential terrorists.
In 1978, Ekman and colleagues developed the Facial Action Coding Sys
to increase the accuracy of lie detection (lying defined as “a deliberate choice 4
to 90%.FACS is a method of describing and measuring facial behavior, based on
combinations of action units are forming a facial expression. FACS describes the contraction of various muscles, leading to different facial expressions by
3 W. Froncisz,
4 P. Ekman, -
1988, s. 230.
35
istic for experiencing one of the seven basic, universal emotions: anger, fear, disgust, contempt, sadness, surprise or happiness. Microexpressions are evolutionarily acquired reactions occurring in the entire human species, regardless of socialization, culture and age. In the course of socialization, people learn to control their facial expressions, and therefore it is possible to pretend
facial expressions, the current emotional state is revealed by other nonverbal messages, more difficult to control consciously.5 A number of studies indicate
tial behavior and keeping personal distance.6 In addition, the first reaction of
fake expressions are usually held for too long, moreover it is not possible to 7
promising indicators of lies, in terms of possible practical applications. He
on verbal communication and are inclined to ignore or misinterpret the most explicit mimic, movement and voice indicators. The researcher also proves that training in recognizing nonverbal indicators of deception, described by him, improves the accuracy in identifying lies. Another argument in favor of this position by Ekman are the contradictions in reports of research on verbal
people are indirect, evasive, and contain more information than the question required. Microexpressions are used to detect lies, and it makes possible to detect hostile intentions of the other person. To facilitate this process, Ekman suggests using a tool such as FACS, to enable assessment of facial expres
5 P. Ekman, , W. W.
6 I. Kurcz,
7 P. Ekman, Telling…, op. cit.
36
sion, but mastering it requires a lot of time. Facial Action Coding System,
and effective method of detecting lies, because the ability to detect microex8
Recognizing signs of emotion on the face can be trained through a designed by Ekman computer program called F.A.C.E. Training. The program
entific consultant.9
detecting the subtle signs of aggression.10 Ekman’s recent scientific research is also focused on imaging facial physi
ology as a method of detecting changes in the level of stress. He and his colleagues conducted a study to prove the accuracy of estimates of the computer
8 W. Wypler,
9
10
37
declared from the security systems industry. The threat of terrorist attacks
efficient and massive monitoring of human behavior and physiology, in order
risk of dangerous behavior, such as terrorist acts.11
man to detect suspicious passengers. The program is called SPOT (Screening
tion skills to help them identify passengers at an early stage.
utilizes noninvasive behavior observation and behavioral analysis techniques
detect persons exhibiting behavior that indicates that they may constitute a threat to aviation and air transport security.
The program is a derivative of other successful behavioral analysis pro
officers are screening travelers for involuntary physical and physiological
festation of some of these behaviors does not automatically mean that an in11
, „International Journal of Computer Vision”, 2007, nr
38
a nonthreatening origin.12 BDO officers are trained to detect suspicious or unusual behavior in pas
responses to a set of routine questions. Security officers ask three to four questions (e.g., „Where have you been?”, „Where are you traveling?”, „What
ing for minute facial cues that may indicate deception or malicious intent. The primary responsibility of the BDO officers is to observe the behavior of passengers going through the security checkpoint.13 Individuals exhibiting specific observable behaviors may be referred for additional screening at the
tion. Referrals are based on specific observed behaviors only, not on one’s appearance, race, ethnicity or religion.
BDO officers add an element of unpredictability to the security screening
terrorists. It serves as an important additional level of security in the airport environment, requires no additional specialized screening equipment, can be easily deployed to other modes of transportation and presents yet another challenge the terrorists need to overcome in attempt to defeat the security system.
To 2011 Ekman has taught about 1,000 BDO experts and continues to consult on the program. The methodology used in SPOT has never been subjected to controlled scientific tests, because neither Ekman nor TSA have disclosed the specific cues used to identify potential threats, citing security reasons. Ekman has largely stopped publishing, not to provide any help to terrorists trying to cheat the system.
12
13
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Evidence of the SPOT program effectiveness provides statistics: in the first phase of the program, from January 2006 to November 2009, according
explosives. The vast majority of those subjected to another inspection contin14
Similar safety programs are implemented in many other airports around
plementing behavior detection officers in a program modeled in part on the
terest in similar programs.15
ogy Directorate of the U.S. Department of Homeland Security began search
testing tools and methodologies for identifying and assessing potential threat
and at better understanding of the phenomenon of terrorism, improving national security, and accelerating movement of people through checkpoints.
Achieved in effect is the FAST technique (Future Attribute Screening
14 S. Weinberger, 415.15 S. Weinberger,
40
such as SPOT. It consists in the fact that passengers passing through a security gate are monitored in terms of nonverbal signals of intent to harm others. This technology is designed to catch suspicious behavior, and thereby
changes that can be assessed remotely and in real time, including eye move
gies necessary to receive these signals, are noninvasive and easy to integrate
bility of automating this process using sensors and detection algorithms, and
databases.16
port”, is designed to read the intentions of potential terrorists, for example
monitored individual, and their action does not depend on direct questioning.
ture and BioLIDAR, a laser radar that measures heart rate and respiration.
line, or passing through the control gate.
than those achieved by specially trained persons. Daniel and Jennifer Martin’s malintent theory underlying the FAST technique is based on the assumption derived from the behavioral sciences, that the hostile intentions translate
16
41
into specific physiological responses and behavior. Scientists have proven
17
els of hostile intent and deception, focusing on behavioral and verbal cues,
tegrated, these sensors automatically detect and track the input cues to the models. According to the developers of this technology it has the potential to
control for strategic infrastructure, such as airports.18
While existing screening technologies, such as biometrics, offer the po
behavior, in relation to the situational context and appropriateness of behav
bile and multimodal technologies, using behavioral and physiological sensors
FAST technology, DHS hopes to simplify the control of the airport by using recent advances in the development of screening techniques focused on behavior.19
17 S. Weinberger, 18 Deception..., op. cit.19
2011.
42
The SAFEE system (Security of Aircraft in the Future European Envi
transport. The vision of this project is to build an advanced system of aviation
objective of this system is to provide a completely safe flight from departure
tions may go through the different airport controls and security measures, access an aircraft and initiate a hostile action. Therefore there is a need to secure the plane, as the last barrier of attack.20
systems detecting threats and providing reliable information about the threat
Threat Detection System, designed to prevent the abduction of the aircraft,
and analyzes their behavior. This technology has to distinguish the ordinary
increased frequency suggests higher level of stress. Cameras have to continually monitor and record every movement of the passenger, to analyze the
deceive. In addition to the cameras in the seats, installed microphones might
of the possibility of a terrorist attack, such that took place on 11 September.
20
ac.uk
43
All audio and video materials about the behavior of passengers are to be reset after each flight to protect passenger rights.21
An important aspect of behavior analysis is the issue of avoiding discriminatory ethnic profiling, such as recognizing any person of Arab origin as a
ficers in order to develop their abilities to perceive and analyze suspicious behavior, diverting attention from the characteristics that may refer to prejudice, such as race, ethnicity or religion.
In the Netherlands there is a training program called Search, Detect and
emy for Police and Security Entities. The SDR is used as a tool to identify cases of potential violence, disrupting public order, illegal activity and fatal attacks. It is intended to protect public space and mass events and to increase security skills for the analysis of behavior: directs attention to behavior that might require police action, and diverts attention from the immutable char
at Schiphol airport and in various units of the Dutch police.In the United Kingdom, police training is conducted under the Behavior
chusetts State Police in the United States and adapted for use by the British Transport Police. The training is based on profiling of the behavior of people
in the September 11 attacks, departing from Boston’s Logan International Airport and arriving at the airport before the attacks. They created a set of cri
21 Security…, op. cit.
44
criteria have been adapted to British conditions using information gathered from the 7 July bomb attacks on the London Underground. The mandatory
The training emphasizes that there is no racial or religious profile of terrorist, because the attacks are carried out by the people of all ethnic groups.22
legislation is being adapted to the requirements of the European Union and
ommendations, security control at airports is to be conducted by private se
security at the airport, among others by observing passengers and searching
many countries.23
a terrorist attack24
resist it.25 The introduced amendments are aimed at improving aviation safety and streamlining the process of airport management.
22 -
23 ,
24 , Raport NSTC, Washington 2005.25 P.E. Rubin, Investigations and Oversight Committee on Science, Space, and Technology, U.S. House of Representatives 2011.
45
-
nomic Sciences, Raport NSTC, Washington 2005.
Czapska, J., ,
Ekman, P., -
Ekman, P., -
riage
Froncisz, W., ,
Kurcz, I., ,
. Raport Agencji
jskiej, Luksemburg 2010.Privacy Impact Assessment Update for the Future Attribute Screening Tech
Rubin, P.E.,
46
committee on Investigations and Oversight Committee on Science, Space, and Technology, U.S. House of Representatives 2011.
P., , „International
Weinberger, S., „Nature”, 2010, nr 465,
Wypler, W.,
47
JUDGMENT BY DEFAULT.
-
The main goal of a civil process is an accomplishment of a state of both procedural and substantive justice through a realization of a binding legal
this aim of the process is the defendant’s passive behavior, leading to exces
counter this, a legislator finally decided to include the institution of the judgment by default into the Code of Civil Procedure from 1964.
that time. It is evidenced by the fact that out of four projects of the Code of Civil Procedure of the 1950’s only one did not provide for the institution of the judgment by default. Moreover, the beginnings of the institution of
48
XII Tables1
procedure. At present a possibility of the default judgment is envisaged by
dure2
the defendant’s failure to appear or his inactivity during a trial. The institution is commonly accepted by the contemporary procedural systems. On the other hand, there are objections raised that it contradicts the principle of the objective truth3
tection to the infringed or endangered right of a plaintiff”4
institution of the judgment by default themselves? A presentation of the legal
relevance for the civil procedure.
default.
It is characteristic of the default judgment that in the event of the defendant’s failure to appear at the appointed hearing or if the defendant does not participate in the hearing, the Court at the time of adjudication assumes the truth of the factual situations presented in the plaintiff’s assertions. Enlisting in detail necessary conditions for the issuance of the judgment by default such as the defendant’s failure to appear at the appointed Court session or the
1 F.Rusek,
2 F.Rusek, op. cit., p. 11. 3 F.Rusek, op. cit., p. 33.4 F.Rusek, op. cit., p. 33.
49
trine that a condition of the issuance of the judgment by default is the appearance of the plaintiff on the Court session or his submission of a motion on hearing the case in his absence5
statement, nevertheless it has to be stressed that it is not a necessary condi
and did not demand to conduct it in his absence. Hence, the “suspension of the proceeding in the event of the failure to appear of litigants as provided by
result of a procedural necessity” 6
dering of the judgment by default concern exclusively the defendant7. Hence,
default in absence of both litigants is possible. It is also easy to notice, that a general basis for the issuance of the judgment by default is the inactivity of the defendant specified by legislation8. It is necessary to comment on an ex
C.C.P. As it can be concluded out of the quoted Article the sole appearance of the defendant at the hearing does not guarantee the issuance of an adversarial judgment. The defendant shall participate in a trial either personally or by his legal attorney. The C.C.P. does not specify the definition of the expression “does not participate in a trial” explicitly. Nevertheless, it can be inferred
ing claimants of the opposite litigant. From Article 221 of the C.C.P. it can be 5
, Volume II
6
7
p. 49.8 Ibidem.
50
inferred that is also a defendant’s involvement into an intrinsic nature of litigation. The defendant’s involvement shall be “a defendant’s active behavior regarding claims submitted against him by a plaintiff”9. Hence, each adversarial standpoint expressed by the defendant regarding the plaintiff’s claims pursued, questioning those claims on the basis of demurs regarding factual and legal grounds means “to participate in the case” and shall be a negative premise for the issuance of the judgment by default10. “The sole statement, in
the case”11
submitted by the defendant means the participation in the case is contentious.
a specific stand in the future”, the motion shall mean a participation in the case12. F. Rusek expresses a similar opinion about the character of a motion
by a judiciary. An adjudication of 1958 indicates that a sole performance of an action only preparatory in character does not constitute the participation in
claims13. The adjudication obviously contradicts the F. Rusek’s standpoint,
dant is to enable him to take a stand in the case, and that these motions remain 14. Formal objections raised by
9
Vol II, p. 553.10 Ibidem.11 Ibidem.12 F.Rusek, , op. cit., p. 30.13 Supreme’s Court Adjudication dated 5th July 1958.14 F.Rusek, …, op. cit., p. 30.
51
dural demurs. F. Rusek claims that to raise the procedural demurs means to take part in the case15
impleader nor submitted motions on Court’s jurisdiction or disqualification of a judge are in nature of the participation in the case16. In my opinion this
different forms of defense, such as to deny the plaintiff’s assertions, to lodge a counterclaim or to submit financial objections e.g. a plea of compensation.
Definitely, lodging a counterclaim should be considered as the participation in the case17
eligible for compensation. The counterclaim may be filed during the first hearing at the latest, or in response to a statement of claim. If it is lodged at the first hearing, it obviously involves the defendant’s or his legal attorney’s presence at the hearing. If the counterclaim is filed in response to the state
18. A motion of
shall be considered as a peculiar sort of the participation in the case. Its submission precludes a possibility of the issuance of the judgment by default. Thus, submission of any other motions by the defendant is unnecessary. The motion considered, does not require giving reasons for the motion, adducing of claims against the demands of the plaintiff, or the causes of the defendant’s failure to appear19. By submission of this motion the defendant dissents from both adjudication exclusively on the plaintiff’s assertions presented in the
15 F.Rusek, 16 op. cit, p. 554.17 op. cit., p. 554.18 op. cit., p. 554.19 F.Rusek, …, op. cit, p. 31.
52
their legitimacy beforehand. The motion hence shall be a means of expression
pursued”20
statements submitted by the defendant beforehand. The submission of the explanatory statement precludes the possibility of the issuance of the judgment by default. The explanatory statement may relate to the intrinsic nature
21. These explanations may be
22. The explanations may be included in the response to the statement of claim, if such a possibility is provided by Article 207 of the
asecki claims that the given explanations have to relate to a pending process. Explanations provided in a different pending litigation shall not be recog
sively the defendant’s failure to appear on the first designated hearing shall be a premise for the issuance of the judgment by default. Since the defendant did speak out at the first hearing and he did submit explanations, his failure to
judgment by default. It is because the defendant did participate in the hearing and did submit explanations23.
20 …, op. cit, p. 556.21 Ibidem..22 Ibidem.23 W. Siedlecki…, …, op. cit., p. 277.
53
action as grounds for the judgment by default24. According to Castein the
ticipation in the proceedings. At the beginning of the 20th century K. Ste
are to be found in the necessity to continue the course of the process25. At present, this concept does not find a full approval among specialists on le
edgement of factual circumstances included in a complaint26. This concept
claims. By failing to participate in the case, the defendant submits to the factual situation presented by the plaintiff as his cause of action. The other
for the judgment by default a presumption of veracity of defendant’s assertions on factual circumstances. D. Krupa27 28,K.Piasecki29oraz F.Rusek30
are invoked. Firstly, the legislation stipulates that the plaintiff’s assertions justifying his demands, included in his claimant, are assumed as true, and not
24 F.Rusek, …, op. cit, p. 37.25 Ibidem.26 F.Rusek, …, op. cit, p.41.27 …, op. cit, p. 215.28 , Wy
st edition, p. 357.29 op. cit, p. 555.30 F.Rusek, …, op. cit, p.43.
54
one. Secondly, in the concept of the presumption of veracity, a cause of the
that the defendant behaves passively because he tacitly accepts the plaintiff’s
the defendant cannot participate in the process due to reasons beyond his control31
for the default judgment it should be stressed that the presumption of truth of the plaintiff’s assertions shall not apply if the assertions give raise to justifi
A judgment by default may only be passed by a Court of the first instance at a process proceeding. The judgment may be issued in every separate proceeding,
learns at the moment of being served the order for payment. The order for pay
demurs against the order for payment and against the demands of the claimant have to be evoked. After the submission of the challenge the Court designates a hearing. In the event of the defendants failure to appear, the issuance of a
submitted the challenge including the demurs has already taken part in the case. His behavior is not marked by his inactivity and shall be a negative premise for
31 F.Rusek,
55
during the proceeding, shall be required. Also in the above case this behavior of the defendant means the participation in the case. No judgment by default
investigation of the case. The provisions of the judgment by default shall not
right32
arbitral Court. The sole nature of such proceedings preclude the possibility to
a litigant at such proceedings. Also in the enforcement proceedings a judgment by default shall not be issued. Article 766 of the C.C.P. stipulates that the Court
ceedings the Court shall not adjudicate in a form of a sentence but shall issue orders. Polish procedural legislation does not provide for an order by default.
pealed and the defendant continues to fail to participate in the case (keeps to be
of the C.C.P. stipulates that a trial before a Court of the second instance shall be
a judgment passed shall not be by default. Hence, the Court of the second instance
of a judgment by default. Moreover, no provision of the judgment by default shall apply to the proceeding before the Court of the second instance. Such a possibility is precluded by Article 376 of the C.C.P. for the sake of its content. A motion of the
33.
32 System…, op.cit., p. 370.33 …, op. cit., p. 626.
56
As mentioned in the chapter on the grounds for the judgment by default, the Court shall issue the judgment by default assuming the truth of the plaintiff’s assertions on the factual situations presented in the statement of claim and other pleadings served on the defendant before the trial. In this situation the Court shall not conduct the evidentiary proceedings and the proceedings in the case and the judgment shall not be adversarial in nature. In order to
mental principle of the civil procedure i.e. the objective truth, the legislator
to this Article the Court may pass a judgment by default on a presumption of
evidentiary proceedings, and in the event of a defendant’s further inactivity it shall issue a judgment by default founded on findings of the evidentiary proceedings”34. Also another Supreme Court’s adjudication determined: “Assumption of truth of plaintiff’s assertions does not release a Court from its obligation of completing a due evaluation of a legitimacy of a defendant claim,
question of an abuse of a subjective right, collusion of the parties concerned 35.
34 Supreme’s Court Adjudication dated 5th
35 Supreme’s Court Adjudication dated 15th
57
character. Nevertheless, the legislator provided for exceptions from a general
ceedings shall not be conducted and a judgment shall be founded exclusively on the plaintiff’s assertions. These are marriage proceedings, proceedings on
plicitly precludes a possibility of a judgment being founded exclusively on
and separation. In these cases the conduct of the evidentiary proceeding is required. A similar situation pertains to investigation of cases on the relations
in the cases covered by the provisions of this proceeding, Article 431 of the C.C.P. shall be accordingly applied. As mentioned before, Article 431 of the
conducting any evidentiary proceedings. We may find the third exception in
nation of a lease agreement of residential premises. It means that, in this case a judgment by default may not be issued unless evidentiary proceedings are
the evidentiary proceeding at a trial, even mandatory ones, precludes neither the possibility nor the obligation of the Court to issue the judgment by default
58
A notification of the defendant on submission of a statement of claim and a date of a hearing is a necessary condition to conduct a trial and pass a judgment. Similarly, in a default proceeding it is necessary for the defendant
ance of the defendant duly informed about the hearing legitimizes rendering
Court does not have at its disposal a proof of service of the summons. In other
because he had not been effectively notified or because he failed to appear as he did not intend to appear and participate in the hearing. Article 341 of the
judgment by default. We see then, that the judgment by default may be rendered only provided the Court receives the proof of service of the notification.
about the hearing36
incorrectness of the service of the notification. Returning to Article 341 of the
37. Similarly, no judgment by default may be
36 …,op. cit., p. 216.37 …, op. cit., p. 557.
59
limitation must not be extended by the Court38
C.C.P. before rendering the judgment by default”39. The reserved judgment by default shall not be issued at a trial. It is not subject to announcement, and it is binding for the Court from the moment of signing its sentence. It is directly
unreserved judgment by default ex officio. There are no grounds for submitting motions on this matter. Each judgment by default should be provided
40. An adjective “reserved” does not have
and its issuance method. “If the judgment is issued according to the premises
not to be marked so or incorrectly marked as an adversarial one”41. The judgment by default may be both partial and tentative. If the tentative judgment is the judgment by default, it does not hinder the final judgment from being the adversarial one, unless after issuing the judgment by default and after it
explanations of the defendant or a motion on recognizing the case in his absence. These pleadings mean the participation in the case, comprise the defendant’s stand taken and make rendering the default judgment impossible.
38 Ibidem..39
40 op. cit., p. 238.41 F.Rusek, …, op. cit., p. 60.
60
When rendering a subjective evaluation of an institution of the judgment by default, it has to be stressed that it is a coherent institution, logically regulated by the legislator. Provisions of a Division IV, Subchapter III of the C.C.P. require neither amendment nor novelization. They comprise neither loopholes nor inaccuracies. It is evidenced by the fact that the last noveliza
to these provisions. Of course, I do not take under consideration a cosmetic
C.C.P is a kind of novelty, nevertheless it is also a cosmetic change in my opinion. Obviously, it is a positive amendment but in my opinion its lack caused no serious difficulties in adjudicating in the past. Without this provision, a litigant had to submit appellate measures indicating a lack of procedural and juridical capacity or appropriate agency appointed to its representation. At present, the fact that a Court is obliged to set aside a judgment by
erates and facilitates the procedure. That is because an additional impulse of
the principle of the objective truth either. “The principle of the objective truth 422 The Court must not
ing a rigorous provision commending to accept unconditionally the plaintiff’s standpoint and assertions, but evaluates credibility of the assertions and evidences adduced by the plaintiff on the basis of comprehensive consideration of the evidentiary substance of the case.
4242 …, op. cit., p. 49.
61
1997.,
demii Nauk 1987,
Judicature:
62
TECHNICAL PROTECTION OF OBJECTS
-
-
Technical security systems play a significant role in securing the protection of properties. Their purpose is a permanent monitoring of the protected area and in case of an intrusion of a violator provision
significantly strengthen the function of human senses. Unlike humans, their ability to capture masking attempts of a violator is permanent. Simply said “an alarm security system is as perfect as perfect its viola
the basic security measures for protection of objects. Their aim is to support the implementation of regime measures, improvement of the physical protection, discouraging a violator from his action, prevention of his action and prolonging the time taken up by his attempts to enter the protected object. The protection of critical infrastructure objects
63
Generally, the security system involves a purposeful arrangement, use of mechanical and technical means, organization and regime measures and available human resources.
A complex securing of object is achieved by interlinking the elements of: – – – – physical protection.
evitable component of a complex protection of critical infrastructure objects, ensuring an on time physical intervention and detention of the violator.
Means of a mechanical barrier are basic security components of complex protection of integrated security systems. They consist of a system of barriers
object violation and the moment of violation completion. The time range is divided into several phases of object violation.
The protected critical infrastructure object is framed by an appropriate type of mechanical protection system defining the protected perimeter. In this area the security service providing physical protection is usually responsible
structure objects, common sale, office and stock objects up to bank offices and museum objects. The violation signals are transmitted to the Centre of
64
registered alarms and by means of a motorized patrol it is possible to make
This category embraces various transition tourniquets, transition barriers, electromagnetic locks, gates, railings, electronic readers of chip cards, contactless or magnetic cards, biometrical sensors, etc. These systems are the components of protection of objects concerning their access regimes. Integrated systems of security signaling and access monitoring are increasingly
keypads, readers, attendance terminals are interconnected in one integrated
The signal “fire” and failure signals from these systems can be repeatedly
SRP)
The application of these systems enables remote or local monitoring of
Closed television circuits serve mainly as a functional component and a complement to security systems and they represent significant and effective support of physical protection of a object, that is of classical security service. Generally preferred are the applications of digital multiplex proceeding and
ent access to the camera pictures and recorded files.
The camera systems belong to those elements of security systems, purpose
65
subsequently monitor the situation in the protected object and finally to re
video detection. It detects the presence of a violator in the protected area and thus supplements the camera system. In practice a combination of camera
porting violation is mainly used for protection of important objects. The use
functions of protection: – about a violation of the protected ob
violator or it is a false alert caused by disturbing influences on the com
–
–material in the decision making process about guilt of the arrested violator. Furthermore, the obtained records can be used in the analysis of activities of people in the protected critical infrastructure object, in the analysis of proceedings of the physical protection during the intervention against the violator or for other purposes.
violator, on the other observing the activity of bank employees. In case of an emergency event it is possible to retrospectively analyze suspicious behaviour of the employees and the process of violation.
66
perimetric protection of the object. In this case, the most important is the information about the situation in the object at the moment of the alert. It con
through a proper communication range is more progressive, typical is the application of the serial collective RS 232. In a practical model of such a combined system it is necessary to design such a constellation of PSN elements
The simplest example of such a system is the so called videotelephone.
lens and lightning in the visible or infrared spectrum. The devices use trans
diagonal vacuum screen and the picture obtained from it is of relatively high
The lifespan of such entrance video porters is relatively short because they are often exposed to damage or theft. A more resistant and also a cheaper
in some cases, e.g. if a camera sight approximately on the level of eyes is required.
67
the system of control and management of the entrance of the critical infra
in sight and supervision of the adequate camera during the terminal service.
Therefore it is essential to reduce the reaction of the system only to certain security incidents: –
ment depends on time – – a sabotage of identification terminal (a sabotage of a magnetic card reader,
– – –
violated, etc.In case of very important movements it is essential to monitor every (also
A further variant of securing the entrance of the utmost important
camera system for monitoring and possibly also recording trespassing. Via connection to directing elements of the entrance control system
trespassing. During the rest time the capacity of the recording media is
68
This category embraces most of all the detection and signalling of gas
The protection of objects contributes to development and to elimination
ers, administrators, the state and municipal authorities, supports cooperation
supplement elements of the critical infrastructure. The protection measures are differentiated and adequate for the level of potential danger.
designed for protection of critical infrastructure elements:
system of securing and security documentation, regime measures for the element, alert system of authorities and population, autonomy of the element,
ment, technical means of protection, physical protection, protection plans,
intervention of security service, intervention of armed security authorities, intervention of armed forces,
the damaged elements, application of directive state force devices, establish
69
LUKAS, L. et al..: Bezpecnostni technologie, systemy a management I. (in , Zlin
VELAS, A.: , [Electric Secu
LOVECEK, T.: , [Camera Secu
SENOVSKY, M., SENOVSKY, V.: Zakladni otazky kriticke infrastruktu
70
LEGAL AND ORGANIZATIONAL ASPECTS
OF CONDUCTING JOINT OPERATIONS
OF BG WITH SELECTED ELEMENTS
OF INTERNAL SECURITY SYSTEM
OF THE STATE
-
-
-
Key words
reaction to them or participation in getting rid of their outcomes make one realize that almost no institution is available to effectively conduct the abovementioned tasks on
To cooperate, according to the means
71
activity”1
2.
the term „collaboration” is used to pinpoint the longevity of joint actions, 3
In pedagogy collaboration is defined as „cooperation of individuals or
portant e.g. students during group teaching or parents and school in the teaching process”.
The concept of cooperation and collaboration can be discussed in vari
the main and specific aims of cooperation or collaboration, resources nec
ours and psychological and sociological issues concerning the effectiveness of common undertakings of units or groups. Proper organization of planned
sired goal. It constitutes a basis for the proper and effective collaboration. Co
in turn, assures that the undertaken activities run smoothly and properly. The important issue one has to mention here is the precision of information given, the dependence and precision of tasks for particular subjects. Each one has to
is even more important in this process is the man himself or, to be precise, 1 2 Ibidem 3 Compare
72
harmony.4 In the context of the abovementioned considerations to accurately present
as: „crisis management” and „internal security system of the state”. Taking into account the intentions of the author i.e. to present problems reflected in
documents being analysed, the first of the abovementioned terms shall be
act defines crisis management as: „actions of public administration bodies
venting crisis situations, getting ready to control them based on previously planned activities, reacting in cases of crisis situations, removing their outcomes and recreating critical resources and infrastructure.”
Whereas shall be perceived in this paper as a set of government and public administration bodies isolated from
the activity is related to protection of life and health of citizens and national
nical accidents.5
of the Border Guard signed various agreements to this effect. The most im
as Polish Medical Air Rescue of the Independent Public Health Care Organization
4B.Kaczmarczyk, (ta
5
73
NGOs. The list of these organizations is constantly increasing. The agree
signed both on local and central level (this concerns the agreements signed
hand, the sign of appreciation of the Border Guard to NGOs, and on the other
tions. Last but not least, it is also a partaking in creating a civil society. Recognising the importance of the abovementioned agreements for the
support to the Border Guard in crisis situations, they are described in detail in the later part of this subchapter.
and the Chief Commandant of the State Fire Service signed an agreement on collaboration and mutual cooperation in terms of preventing and removing the outcomes of such dangers. The abovementioned central bodies of government administration have constant collaboration regarding6:
– „detecting, recognising and monitoring any threats that come into exis
– alarming and informing through subordinate units of any fires, natural
–
Units, especially in terms of: –
6
74
–
– transporting headquarters, operation groups directly opposing the out
– information exchange on threats, natural disasters and technical accidents
– – conducting common trainings and exercises of units, in terms of coopera
– equipping air vessels and other vehicles in proper equipment and communication devices necessary for the carrying out of the agreement in question.”
places from outsiders.7
tioned situations in terms of operation fall under the command of a person responsible for rescue activities.
The communication in situations described in § 1 of the cited Agreement
– –
chiefs of State Fire Service.
7 More, ibidem, § 6.
75
Managers of proper units of headquarters, chiefs of the Border Guard Regional Units and regional chiefs of State Fire Service prepare „Plan of training, equipping and collaboration of regional headquarters of State Fire Service and the Border Guard regional unit in terms of preventing and removing threats using air vessels and other equipment”, that needs to be approved by
dant of the State Fire Service.
Chief Commandant of the Police collaborate basing on the agreement of 17th 8
– – – – – logistic support”.
Accepted forms of collaboration include: information exchange, sharing
logistic and technical support.Communication in situations described in § 2 part 1 of the cited Agree
–the Border Guard Headquarters’ units in the frame of respective material
– local: –
–Guard Outposts and Divisions on the area of their territorial responsibility.
sary to provide a professional paramedical service, as quick as possible, in the
8
76
the Independent Public Health Care Organization signed an agreement on the organization of rescue operations.
Collaboration in the abovementioned agreement is mostly about9: –
– Organizing common trainings, exercises and manoeuvres in order to veri
– – Cooperation of training personnel during the process of organizing and
–
– –
According to § 3 of the cited agreement the Border Guard officer may
intensive care during flight, if any delay in providing medical service could
other centre is shorter than the time of transport by other means of transport
possible or seriously hamper the process of getting to the injured BG officer
9
77
need for medical services is greater than the capacity of medical teams on the spot, so there is the need for treatment and transport prioritizing of victims.
The coordination of collaboration on behalf of the Border Guard is con
ganization, carrying out and supervision of official actions, exercises and manoeuvres and by the Manager of Training and Human Resources Department of the BG Headquarters in terms of organization and carrying out the trainings.
Guard functioning in every conditions, especially during crisis situations. Because of the character of Polish border, the author of this paper decided
to present the most important aspects of the agreements that, according to the
scout organizations functioning inside the country. The first and second type
A large part of Polish border is located in mountainous, areas therefore
process10.
10
78
It is mostly related to the exchange of information about: accidents and
ling in the mountains that had accidents or run the risk of losing one’s life or
state border. Furthermore, both parties help each other in rescue operations, adequately to their capabilities, and to reach common position in cases re
cases of receiving an emergency call from the territory of the neighbouring
protection of the state border. At the same time the Border Guard orderly of
events and facts that may have an influence on the safety of people present in the mountains.
gust 1997 on protecting the personal data and they do not violate the regula
help during natural disasters in the mountains, climbing techniques and using specialized rescue equipment.
79
voirs11
12
regional units, training centres, outposts and divisions of the Border Guard,
district WOPR units.According to this agreement the collaboration shall include sharing mu
neighbouring countries, especially in cases of receiving a distress signal from
actions in terms of changes to the shoreline, currents and bottoms of inland
The main form of collaboration accepted by both parties is the exchange of information about: events and facts that may influence the safety of people
an effect on recognition, prevention and detection of crimes and offences, and the process of pursuing their perpetrators, that fall under the scope of the Border Guard activity.
Other forms of collaboration include: coordination of activities in cases requiring an unified sequence of actions to improve the efficiency of opera
11 More in annex no. 2 of this study.12
80
A direct supervision over the fluency of collaboration on behalf of the
– WOPR Operation Group Coordinator.
Agreement.All the undertakings mentioned in the Agreement are being settled, ac
cording to the principle that both parties – the Border Guard and WOPR,
mutually beneficial for both parties the costs are covered by the parties according to the previously agreed proportions.
Furthermore, taking into account the moral values upheld by Polish boy
of the state borders and in the fights for independence of the Polish nation, but also to keep up the tradition of patriotic upbringing of children and teenagers
of the Border Guard and the Chief of Polish Scouting and Guiding Association signed a cooperation agreement on 22nd December 199913.
The abovementioned cooperation includes: initiating and organizing activities constituting patriotic behaviour patterns in children and teenagers, developing social skills based on humanitarian ethical and moral standards in
Guard’s tasks amongst children and teenagers.
principals lectures and contests related to border protection issues, organizing classes for children and teenagers on protecting the state border and compe
13
Polskiego.
81
year the Border Guard Headquarters helps to prepare and run a scouts’ train
the Border Guard serve as specialized staff, and the scout’s staff is comprised of the instructors of Polish Scouting and Guiding Association. Boy and Girl scouts also take part in inspection of the marking of the state border and in actions related to clearing of the the border zone.
In the frames of this collaboration Polish Scouting and Guiding Association organizes children and teenagers in special groups – the Border Guard’s
dren and teenagers become interested in the Border Guard tasks and the issue of the state border protection. Furthermore the officers also look after and
border zone.It has to be added that the Border Guard officers are also responsible for
popularizing the issues of the state border protection among children, teenagers and adults belonging to Polish Scouting and Guiding Association. They take an active part in various scouting activities, especially camps, rallies,
running Polish Scouting and Guiding Association’s training groups. Apart from the abovementioned activities, the Border Guard gives the scouts’ orga
It also helps in the organization and development of the curriculum, serving as coordinator and supervisor of the process. All common endeavours
units and the Border Guard units. All common actions are evaluated on a yearly basis.
Summing up, it is important to pinpoint that the abovementioned agreements provide a list of previously declared actions, that may be undertaken during complex conditions, problematic for the process of carrying out the agreements on both sides. Therefore they are related to all the aspects of these
by collaborating institutions as crisis situations. This collaboration is system
82
atically improved by means of briefings, meetings, conferences and trainings, including exercises.
not a sign of improper structures of organization, erroneous regulations concerning the organization of activities or improper level of the border guards’ skill related to crisis situations, but an evidence of necessity of general preparations for opposing various threats and removing their outcomes. The abovementioned agreements serve also as a attempt by the Border Guard to support
Kaczmarczyk B.,
, red. nauk.
Dictionaries and encyclopaedias
83
84
THE CRISIS AND THE CRISIS SITUATION
– RELATIONS
-
-
-
In the field of a broadly understood security very often the concept of is used. The phenomenon of crisis and crisis situ
ation is perceived in the political relations in the international arena, but also by the public in a given country. Thus, defining crises situations and their
perceived stabilization in a given environment. The term crisis is recognized as all the circumstances that lead the operation entity to the necessity of tak
apogee of unresolved crisis situation. To solve it, one should apply measures
85
and procedures of a specific action.1 Popularly and sometimes even in the
is obviously incorrect.
The term “crisis” is an ambiguous notion used in many areas, such as: political science, military science, organization and management science, eco
“krisis” and indicates a turning point, a decisive moment, a qualitative change
the political, economic, energy, social, natural environment crisis, or of the crisis of values. In the field of security a “crisis” is variously defined in con
defines crisis as a form (
take place”.2
contradictions inherent in the relations of production, a sudden rapid turn
crisis”.3
1 , „Problemy Ochrony
2 13.
3
86
decisive turning point, a period of economic collapse”.4
In turn, in the “crisis” is defined as a
functioning of public institutions, but to such a degree that the used measures necessary to assure or restore the security do not justify the introduction of any of the states of emergency provided in the Constitution of RP “.5
tive and the possibility of losing the campaign, battle or operation, requiring to undertake decisive, versatile preventive steps”.6
Another definition describes the term “crisis” as the situation emerging as a result of the “collapse of the so far stable process of development, threaten
requiring to undertake decisive, versatile preventive steps”.7
An extremely broad and general approach to the notion “crisis” formu
threaten the life or health of large number of people, property in large sizes,
as security, and the state’s constitutional structure, and the prevention and liquidation of their effects is undertaken using common or emergency measures, in cooperation of various public administration authorities and institutions as
ating under a uniform leadership.”8
4
5 p. 61.6
7 8 Z. Andrzejczak,
87
Considering the above definitions results in the opinion that a crisis: is a
phases of a given process, may be more or less intense, may have a different
of a state of equilibrium, not completed in time causes the interruption of the development cycle.”9 In the objective definitions, there are contained features
– – –
– 10
Analyzing the presented definitions, a statement is arising that all of them characterize the actual or perceptible state of loss of control over the ongoing processes or functioning of organization at the simultaneous unpredictability of the situation development and the lack of concept of
entity. For measuring the scale of crisis, a scale of measures for its control
be directly proportionate to the danger of a given situation. From a different angle, the level of disorganization of social, economic or political pro
expressing the assessment of a given phenomenon made by a specified abstractive entity. It has also an objective character, because regardless of its subjective assessments it exists and affects a given organization.
9 Lt. W. Kitler,
10 …,
88
Finally, the crisis is processual in nature, it develops, and has a unique and increasingly complex form.11
During the crisis time plays a dominant role. The variable of time usually results in an extreme situation development. In some cases, time is a factor that reduces the scale of threat after its climax. What results from it is that the time may positively and negatively affect the phenomenon of crisis. A characteristic feature of crisis is a state of surprise, resulting from the delayed
early enough, then the status of surprises loses its importance. Yet, in case of
prise lasts as long as there is no reasonable preventive action taken. The state of surprise intensifies in situations of threats’ development after the escalation of the phenomenon, in case of incorrect interference or its lack on the part of humans or forces of nature. The crisis does not appear suddenly, and even though it may be violent, it also develops from the bud to the full form.
of events in the crisis should be developed. In the evolution of causes into cri
a violent one. The development of a crisis situation results from its nature and
imposes the need for further changes.12
It should be emphasized, that the assessment of the crisis largely depends
13 Crisis, as a specific process or state, having its sources and causes, can be
11 AON,
12 …,
13
- militarnych, Biuletyn SG no 33, p. 14.
89
predicted, recognized, identified, analyzed and assessed, and therefore (on
scope, is a controllable phenomenon.14
The concept of a found in scientific papers, publications, and legal documents is like the notion of a crisis, defined differently by re
contents.-
15
by social problems. Yet, it omits the situations caused by terrorist threats,
the political and military threats.
and then its redress, thanks to regulation measures undertaken (emergency 16
trum of circumstances causing a crisis, includes all types of threats starting
threat.
14 Szerzej, A. Bujak,
15
2003 r., p. 20. 16 AON,
90
A universal definition of crisis situation suggest W. Kitler and J. Gryz, -
-
17
-
18 In this sense, each crisis situation is a consequence of existing and emerging threats. But as long as the level of those threats does not cause disruption of normal func
situation. What results from it is that the crisis situations are subjective in nature, dependent on the level of threat accepted by a given entity.19
tions. According to NATO, a crisis situation is: –
-
20;
–
17 2007, p. 22.18
no 4, p. 31.19
20
1997, s. 7, za: J. Gryz, W. Kitler,
91
21;
-
-22.
tation, and in the amended Act on crisis management, based on the judgment
situation negatively affecting the level of people’s safety, of property on a significant scale or the environment, causing considerable restrictions on the operation of the competent authorities of public administration due to the
23. Thus, the remaining in force in the Polish legislature definition conditions the arise of a crisis situation
the operation of the competent authorities of public administration due to the
the conclusion that a crisis situation may be triggered by natural disasters, terrorist attacks or the adverse social phenomena and criminal activities. It
social character result from the man’s aspirations, as the perpetrator of these
The perpetrator of their formation and elimination of their causes and effects
the perpetrator of crisis situations due to natural forces. In principle, a crisis 21
22
23 (Dz. U.
92
situation develops gradually, and there are many causes of its development. The lack of response to the threat in an appropriate time causes that they as
24
ty of information, loss of control over the situation, the emergence of panic, the system cannot manage to respond to real or tangible events that become
of action.25
The analysis of the defined characteristics of the crisis situations’ phenom
ited duration, and the collapse of the existing legal, economic, social, military or other order. The crisis situations and the crisis may occur in different forms and can be differently perceived by different legal entities. The same situations for different action entities may have contrary meanings. Some people may
other entities may perceive the same phenomenon in other categories. Regardless of the perception of a given phenomenon, it seems reasonable to consider it through the prism of the and surprise. “The mutual interaction of those three elements – i.e. time, threat and surprise con
bance of the current state of stability. Hence, a thesis can be put that -
The crisis constitutes the apogee of
legal, organizational, social or other relations take place. What results from it is 24 …,
25Lt. W. Kitler, 2000, p. 40.
93
that the phenomenon of crisis is rather brief and constitutes a certain phase of
and crisis.
The crisis situation involves the causes of the crisis emergence, its apogee in form of a crisis and the situations mitigating the effects of crisis,
the crisis phenomenon included in it is characterized by brevity, the dynamics of threats in relation to its previous state. The crisis situation in contrast to the crisis is not characterized by brevity. In principle, -
The lack of response to the threat in an appropriate time causes that they assume a
in the
late. The determinant of the crisis situation and the crisis is an acceptable or
it cannot be defined as a permanent state of a crisis situation. Hence, in every
about crisis situation, if the level of acceptable threats goes beyond its borders
and critical threats is different in different crisis situations. It is not possible
level, because each time this is due to the nature of threats, their causes and anticipated effects.26
26 …,
94
According to W. Kitler and J. Gryz, about the nature of crisis and crisis
– – – the culminating element of a crisis situation, if a failure to remedy its fac
–
– – a failure to take appropriate remedial actions may lead, depending on the
–but can also be an opportunity for their development.27
The crisis situation is a broader phenomenon than the crisis. The crisis situation consists of
situation and determination of its nature, it is possible to prevent its escalation into a crisis through a proper prevention. With the moment of achieving the apogee of a crisis situation, a legible phenomenon of the crisis of a specified nature and consequences in relation to the status or standard situation can be isolated . What results from it is that the crisis is one of the phases of the crisis situations.28
27Por. pod red. J. Gryza, W. Kitlera, Wyd. A.
28
95
changed, not only in terms of threats, but above all in the sphere of unidentified changes. A crisis situation includes all the events leading up to the crisis, its escalation phase, and actions aiming at elimination or neutralization of its effects. A crisis situation involves the causes of the crisis emergence, its apo
crisis phenomenon included in it is characterized by brevity, the dynamics of threats in relation to its previous state. The crisis situation in contrast to the crisis is not characterized by brevity.29
29
96
THE ENDOGENOUS CAUSES OF TERRORISM
-1
2
3
the 7 October 2001
4
1
2
by other means”.3 See: ,
4
97
are the goals of their actions? What is the number of civilian casualties of the
lack of it.
5
-
6
7
In defining terrorism, there is no doubt in a statement, that it is one of the
8. Those in charge of these
solved by means of politics, or is not intended to be so by the leaders of the
5
2007, p. 29.6 M. Borucki, 7 ,
8
98
opposing groups, leads to physical struggle. 9 It is possible to conduct it in a
Therefore, it can be argued that terrorism is a form of , 10
means of terror.From the philosophical perspective, struggle is any action taken up by at
least one of them hampers another. Particularly, in one of the most common and perhaps most interesting instances, both entities not only aim at objec
of the entities deliberately hindering one another is believed to be the most
make one another improve their techniques of operation.11
–
– – small public groups making attempts to exert influence on the official rul
ers or on the rest of the community.
suffering. Fear in its essence is related to the future. The past means unpleas
9
by other means”.10 See: ,
11
1982 p. 221.
99
ant memories, and the present is suffering. Fear nevertheless, pertains to the
– negative – preventing us from trying to achieve a goal – this aspect is being used in a struggle,
– positive – protection of ourselves or some values important to us. 12
destruction or through intimidation, the effect of the latter being either subjugation to our goal, or giving up the accomplishment of theirs.
tics of “scorched earth”. He resorted to various methods, even to a biological
tious diseases. Apart from causing chaos in the movements of the adversary
to Chalkokondyles, a Greek chronicler, the marching Turks encountered a ter
and losing their morale, he ordered a retreat. 13
12 .
13 See: J. Demel,
100
lost their lives 14 and although the goals of the operation had been achieved,
from Somalia. 15
Similar instances are numerous. Presumably, the bomb attack in Madrid on 11 March 2004, just three days before the parliamentary election, deter
Iraq. Thus, it is evident that terrorist actions are not devoid of rational justifi
and the frequency of its use is still on the increase. It results from a consid
of implementing measures of enforcement, is confronted by a small social group. More often than not, the latter has hardly noticeable social support or
has to prove that it is capable of killing innocent people in order to achieve its goal, and consequently, it has to evoke fear in its adversaries, or at least make
Therefore, it appears to be a justified claim that terror is a tool, and that
asymmetric conflict. The use of terror as a tool of achieving a political goal
14
15
101
tions carried out by the intelligence services of different states:Operation carried out in the 1970s by joint action of the intelli
gence services of Argentina, Bolivia, Brazil, Chile, Paraguay, Uruguay, and
tion and assassinating some of its members. According to the “Archives of
16
16
102
computer systems, reportedly initiated four years ago, by means of the mal
viruses caused a series of failures of the Iranian oil industry PLCs. 17
The points presented so far make it possible to argue that terrorism is a
– applying terror as a main and often sole measure to achieve a political goal,
– 18
Nevertheless, the above criteria do not provide an unambiguous basis for classification of a particular case, because most of the guerrilla actions are likely to meet them. As an action leading to intimidate the opponent, terror
including the actions of the Polish guerrillas during World War II.
is an action taken up by revolutionaries, anarchists or fighters for freedom, targeted at civilian populations so as to achieve some political ends. On the contrary, if some military and police institutions are attacked, that constitutes
17 See: E. Nakashima, G. Miller, J. Tate, U.S., The Washington Post, Jun 19, 2012.
18 …, p. 50.
103
Figure 1. The diagram portrays a definition of terrorism by Israeli researchers
Source,
stitutions, civilian victims being only accidental, should be regarded an organisation applying a guerrilla method of struggle. In fact, it has been considered a terrorist organisation.
The proposed definition includes only the struggle of some political groups
104
the US a terrorist organisation. 19 Another example is the massacre of Tutsi by
against the British community inhabitants of that territory, and partly against
Therefore, as for formulating a definition, terrorism is not merely the case
plied.
Arafat, Chairman of the Palestine Liberation Organisation, said at the forum of the United Nations General Assembly in November 1974, “The difference
freedom and liberation of his land from the invaders, the settlers and the colonialists cannot
Marshal of Poland, has never been called a terrorist despite being a founder of
post office raids. Similarly, neither Menachem Begin, laureate of the Noble Peace Prize in 1978 and the Israeli Prime Minister, nor Yitzhak Shamir (Ic
19
2000, p. 61.
105
tinian inhabitants massacre in the village of Deir Yassin on the 9 April 1948,
and Polish standpoints differ. The Polish believe him to have been a criminal,
20
sacre of Poles in Volhynia and Eastern Galicia. At the same time, the Ukrainians
have been a result of pressure from the European Union and Poland.
attacks, in a talk to Hamid Mir, a correspondent of the Pakistani daily ,
ple as human shield, then it is permitted to attack that enemy. America and its allies are massacring us in Palestine, Chechenya, Kashmir and Iraq.
remember that they pay taxes to their government, they elect their president, their government manufactures arms and gives them to Israel and Israel uses them to massacre Palestinians. The American Congress endorses all government measures and this proves that the entire America is responsible for the atrocities perpetrated against Muslims. The entire America, because they
21
is caused by the lists of the organisations designated as terrorist groups. These
20
21 P. L. Williams, Al-Kaida
106
Having compared the lists of terrorist organisations compiled by the United Kingdom, the European Union, the United States, Canada, India, Russia and
22 The remaining ones are entered
Therefore, it has to be stated that the question of unambiguous classifica
fight against the legally mandated rule, depends greatly on sentiment or antip
raison d’État or the national interest. -
comparative data portraying civilian casualties:
23
1, authored by the Israelis, presents the casualties of both sides.
22
23 Data from the Report prepared by The Bureau of Research, Polish Parliament (Biuro Analiz
the PSL party.
107
Afghanistan:
24
Iraq – civilian casualties:
in The Lancet 25
Source
So high casualties are bound to evoke in civilians frustration and desire
24
25 G. Burnham, R. Lafta, S. Doocy, L. Roberts, The Lancet, Volume 368, Issue 9545, Pages 1421 –
1428, 21 October 2006.
108
the presence of foreign troops, plays also a vital role in inducing aggressive behaviour. 26
is that the orthodox Muslims cannot perform such attacks due to adherence to the restrictive principles of their religion.
to kill himself in order to accomplish the attack.With reference to the history of such attacks, on a military level, the in
stance of the Japanese
On 6 May 1939 commenced an official enrollment for the living torpedoes
applied for participation in those actions by placing announcements in the
26 See: the theory of Crime Prevention through Environmental Design.
109
or in services, of secondary education. The number of accomplished actions
27
according to official sources, some 70 volunteers served to fly on the Ger
28
In brief, it has to be stated that on the military level the suicide attacks are
The attack of Baruch K. Goldstein, physician. He perpetrated a massacre of
Three terrorists from the Japanese Red Army on 30 May 1972 instigated
27 The data comes from the book: N. Klatka,
28 B. Antony, , Penguin Books, 2002, p. 238.
110
Gandhi in May 1991. What preceded their activity, had been 7 massacres of the Tamil people by the Sinhalese. In the last one in 1983 almost 3,000 Tamils
The LTTE organisation perpetrated more suicide attacks than all the other
29: – Hezbollah and Amal – 25 suicidal attacks – Hamas – 22 – The Kurdistan Workers’ Party– 21
highest escalation of the suicide attacks dates to the period of the Second In
people. It is important to point out that the term “intifada” differs from an uprising, as it results from the uncontrolled, spontaneous outburst of aggression
the shooting of a teenager by the Israeli snipers during Ariel Sharon’s visit to the Temple Mount in Jerusalem on 28 September 2000. The mount is a sacred
cited earlier in the article.
29 ,
111
estinian adolescents undertake secondary or academic education. 30 It is then evident that the profile of the modern suicide attacker, at least in Israel, re
Neither are they religious fundamentalists. Nevertheless, their determination in struggle is so intense that they are ready to sacrifice their lives. The deter
standing of the community they come from.
ghanistan and Iraq. The longer the coalition forces stay in, the more increased
31
At the same time, the number of suicide attacks in Iraq evolved in the
professor at the University of Chicago and the authour of the famous book “ there is
no evidence to prove the claim that before the invasion in Iraq there have 32
30
31
32 See: R. A. Pape,
112
The detailed analysis of the emergence and evolution of main terrorist groups leads to the conclusion that the majority of them are the fruits of the
emerged as a “side effect” of the Cold War came from the outskirts of the area
ica.
Southeast Asia, the fighters of these organisations are struggling merely to survive and for money. Hence, they are in almost all cases linked to the international drug trade and other forms of the organised criminal activity. They
common in those areas and to this date has been the main cause of high membership rate of these groups. In majority of these cases the predecessors of current fighters had been trained and supplied by the USA and the USSR.
this category belong: Palestine, Cashmir, and Sri Lanka. 33 Their main goal is to struggle against the occupying forces or for national liberation (e.g. The Hause, 2005.33
them being the Albanian Mafia.
113
groups. Nevertheless, they do reveal some consistency. Namely, a driving
example in the Basque Country and Northern Ireland. In the first country,
mence the oppression of the Basque people to uproot any manifestations of
General Franco, many years of negotiations ensued regarding the extent of that territory’s autonomy. During that period a gradual decrease in the terror
Ireland found itself under the British rule. In the 17th century colonisation of
the English and the Irish, further intensified by religious differences. The
numerous rebellions and uprisings, in 1921 the independent Republic of Ire
114
Irish Republican Army announced its complete disarmament. 34
they remained in the initial phase of stirring up such an insurgency. Typically,
35 In both cases this general sce
of popular acceptance of the goals pursued by the groups, or in the conscious strategies for their activities.
of normalising the situation on these territories. It is difficult to determine
goals that contradict the goals of a particular state.
group of states, appears on the political scene. As a result of the contradiction, not only is the party incapable of accomplishing its prospective goals, but in
34 The information on the emergence and evolution of terrorist groups come from:
35 As an example, read some accounts of Tamil Tigers history (LTTE – Liberation Tigers of
115
support. Such incapability can make the leaders of such a group apply the
make the authorities pay more attention to the problem. In a grim scenario
or citizens of the state. The reaction of governments consists usually of stepping up security measures and aggravation of repressions against the fighting social group. The heightened repressions result in the rise of the number of terrorist attacks. The society begins to consider the probability that the social group could be right to have taken up such actions. The situation is a stale
groups dominate the scene during some consecutive electoral campaigns. In consequence, after many years the agreement is reached, and to some extent
activity or the ultimate abandonment of it.
on social support, not only because of financial and logistic assistance for
the special forces candidates.
the disappearance from the political scene of numerous terrorist groups, like the Red Army Fraction, the Red Brigades or the Japanese Red Army. Despite the fact that some of them have been dissolved only recently or they have
short, not exceeding ten years.Other scenario for the terrorist groups’ formation is related to conducting
members of such a society of the prospects of development. All these ele
116
rell in his outstanding book: . More often than not, after military operations have ceased or diminished, such individuals are not able
of the Caucasus, Kashmir, Afghanistan, Peru, Colombia, or Africa are people
pays more. They are also very frequently hired by some political parties to carry out terrorist attacks. Their services are also more and more often used by some states.
36 Another name
Iraqi government to extend their licence to operate in Iraq. 37 The organisation
38.
36 See: P. von Zielbauer, York Times, 22 October 2007.37 See: 38 The United States House of Representatives:
14 November 2007.
117
money?
good summary of this article’s content. In 1986, a bomb attack on a night
another several hundred injured. The United States put the blame on Colonel Gaddafi’s regime and retaliated by means of the bombings of Tripoli and
nese Red Army, a terrorist group headed by Fusako Shigenobu. Especially for
on the American embassies in Jacarta, Rome and Madrid. By using the services of a terrorist organisation Libya avoided further military repressions. 39
4. Burnham G., Lafta R., Doocy S., Roberts L., Mortality after the 2003
ume 368, Issue 9545, Pages 1421 – 1428, 21 October 2006
39 See: B. Hoffman,
118
cember 2011
12. Nakashima E., Miller G., Tate J., U.S., Israel developed Flame computer
Jun 19, 2012
York: Random House, 2005
In this article, it has been argued that terrorist activities in majority of cases
supremacy on the international scene, try to suppress their opponents’ fre
hire militant organisations, and the operation of the intelligence services
119
forces both sides of a conflict to improve their performance.
120
TRADITION AND MODERNITY
OF JAPANESE SECURITY CULTURE1
-
-
-
-
Soviet Union moved Poland to the soviet sphere of influences. It meant a very strong impact of Stalin’s totalitarianism on Poland and its citizens. Special
ing “public order and safety” very peculiarly. In the period of 1945–1990 Mi
1
121
should see the potential of cultures often called as foreign. They can be used
ing quality of safety of many countries and societies.
the Meiji period.At that time Japan, regained complete control of its foreign trade and legal
system. It has also established full independence and equality in international affairs. In a little less than a half of a century, Japan had exceeded its goals,
Japan as a country, society and culture is unique. It is caused by several factors:
Geographical location of Japanese Isles causes the isolation of its inhabitants.
into old Japanese culture.
nese Empire.Hard living conditions developed ability to cooperate and a sense of toler
ance.
122
ation, development and constant preservation of knight’s ethos – a culture of
and economical system comes from its deep devotion to the old tradition and
edly confirmed as a friendly strategy for human existence and development.
and its virtues:Gi – Rectitude.
Jin – Benevolence.Rei – Respect, Politeness and Meiyo – Honour.Makoto – Sincerity and Shin – Honesty.
Heaving analyzed the above points, the United States Army officially
and courage.
123
nises and values theirs… take the extra moment in dark parking lots at night
Daily involvement in acts such as these are, as much a part of training, as time spent in the dojo, and indeed should be the reason for that time spent training…
current Western societies. They assume that human as an individual is most important. Unfortunately such egocentric individuality isn’t good for democratic system. Disadvantages of it are pretty clear: e.g. – – –
Meantime the philosophy of public spirit and skills training is characteris
is because the Japanese have loads of respect and loyalty to their country and
stresses chariness, loyalty, mastery in martial arts, and honour unto death.
124
evenness of temper.
ficient and superior citizens:
beclouding here leads to an injurious disregard of consequences. There is the
trated on big companies. Business in Japan is affected by the samurais’ great
administration and management are historically proven. It is based on long shogunate and samurai tradition. They greatly influenced the level of organizational culture, securitology, modern technologies, effective national economy and outstanding efficient army.
125
tion. Japanese military administration, science achievements, universities and
aged by Japanese management systems.Subsequently in Japan all citizens feel responsible for their country.
stability and international, peaceful cooperation.
culture. Listlessness and routine in conveying family virtues can be overcome by incorporating “foreign” religious and philosophical values. This could
going on in central and eastern Europe for over fifty years. Fascination of
munism reality of past decades and introduced many positive values into our security manners.
The reader should realise that safe existence of societies, cultural environ
activity forms in administration and authentic people’s commitment.
to uniformed forces but to individuals, families, professional groups, local communities and societies.
126
Confucian ethos of martial upbringing called the Four Beginnings and its four profits: – – – –
tance: – – – – –
ily duties one should behave like an emperor and act according to the Nine Standard Rules for the Government of a State. The Rules can be successfully
– cultivation of oneself, – the honouring of virtues, – – – – – supporting the artisans, – –
As it can be seen there are many rules that can be applied in Western
127
forces efficiency, not only in Japan. This kind of equilibrium is crucial in
ficers or soldiers.
according to Confucius:
The Far East model of managing people also reminds that the people are
to any society or uniformed forces. At the beginning of 20th century Nitobe Inazo and Tagaki Takeshi have
once said that:
128
DRAEGER, D. F. 2006. Tradycyjne budo. Bydgoszcz: Diamond Books.
IMAI, M. 2007. Kaizen. Klucz do konkurencyjnego sukcesu Japonii. Warsza
LEGGE, J. 2004. The Shu King Or Book of Historical Documents. Kessinger
MENTE, B. L. 2005. The Japanese samurai code: classic strategies for suc
129
THE COSTS OF STUDYING AND THE
STRUCTURE OF STUDENT BUDGETS - A
REVIEW
1
-
-
called an alternative cost2
ceive if it did not take up the study. But aside from that, according to an international report, “EUROSTUDENT IV”3, expenses incurred in the course of 1 , s. 15, 10.03.2012.2 W. Jarecki, 3
130
study can be divided into the ones providing the sustenance and the ones as
them as the costs of living and the costs of education. The first category includes accommodation, transport, daily expenses, social activities and leisure
tion does not include only renting of the apartment, but also other related expenses such as electricity or other utilities. The fees for study include: tuition, the cost of recruitment and examination, insurance premiums, purchases of materials necessary for learning and others, such as courses, private lessons.
transport.
As reported by the report, the majority of the students spend their budgets
ents or not. In Poland, such basic daily expenses make up as 81% of the total student budget. Their most expensive component is accommodation, the sec
another person and living in a dorm.Excluding students living in dormitories, 49% of Polish university students
not incur any additional costs of renting and maintaining apartments. Most are
131
moving out from the parents house. Therefore, additional the costs incurred in the course of study must include the fees for apartment or room rental and
on them are the cost of living4.Analysing daily expenses of individual households, the Central Statistical
the expenditures of an average household5. Statistical study of the Office6
the largest amount the average household spent on the food and soft drinks
report “EUROSTUDENT IV”. Other costs include successively: transporta
maintaining a household, other goods and services, health and other expenses, telecommunications, alcoholic beverages, tobacco and other stimulants, restaurants and hotels, and education. Of course, one must remember that
household.The proportion of Polish students living separately represents 5% of all
ership of an apartment or living a single room in a dorm. Another 20% of
common among older students, especially over 30 years old. The remaining
several people renting together an apartment and sharing costs. This group also include students living in a high occupancy dorm rooms. In contrast to 4
5 D. Begg, S. Fischer, R. Dornbusch,
6
132
the reported results of international research, this particular form of housing is the most commonly chosen by Polish students7.
The other option, usually the cheapest one, is living in a dorm. According to the publication of the Central Statistical Office8, in the academic year
able dorm accommodations . As notes the “EUROSTUDENT IV” report, the
sense compensate for separation from family and friends left behind in their 9
such shared residence community.
large extent they depend on the studying mode of choice (in Poland, in the
ing to the report “EUROSTUDENT IV”, Polish students paying tuition fees,
7
pdf, 21.02.2012.8
9 ,
80-970277-8-0.
133
The issue of student expenses is also addressed by various Internet portals, offering information for persons taking or planning to take university courses
study often from a remote areas of their places of residence. Such persons,
ment. And for this, they are looking for the information on the Internet.Portal dlastudenta.pl10, after a survey done among students in Gdansk,
1. Accommodation.2. Tuition3. Entertainment.4. Food.As the authors point out, the costs of entertainment vary and strongly de
pend on its type and place. The most financially noticeable events are the
for more intimate, and simply cheaper places. The amount of money spend of food, on the other hand, is often related to the number of visits to the family
The authors estimate that the monthly cost of living of a student outside of
11, therefore student’s total spending also depends on the place of study.
10
11
134
of student income is a rather poorly developed area in theoretical terms. One must remember that the most basic responsibility of the student should by diligent studying, and the issue of student entrepreneurship12 is, in this context, of secondary nature. Nevertheless, as mentioned above, the issue is
student finances, based mostly on online surveys. It is hard to determine the reliability of these sources, though, due to the fact, for example, that only a small percentage of students choose to complete them. Also, many fac
described himself as a student on the Internet. In addition, these portals are
city, not on the structure and sources of the student income.
matter is the already mentioned report “EUROSTUDENT IV”13, analysing economic and social living conditions of students from 24 countries, includ
the overall monthly budget of the average student. They distinguished four basic categories of income of people enrolled in post secondary education programs: the funding provided by the parents, other relatives or partners, the assistance from the state, the money earned personally by the student, and
total budget, as demonstrated, differs significantly in the case of students of first and second degree, but also depends on the age of students, their gender and the affluence of the environment they come from.
12
13
135
largest component of student’s budget in the majority of surveyed countries . In Poland, financial support from family constitutes only 15% of the total
had to move out from the house to study. It should be noted, that the form of
True is also the fact, that the graduate students receive less financial aid from family, than the students in the first year of study. The difference is approximately 5% of the total student income. The affluence of the environment the student comes from also has a significant effect on the amount of
affluent families, such aid is received by 65% of the students, and for the
grants of a social nature received 199.9 thousand students, and for academic 14.
The third category considered in the report “EUROSTUDENT IV” is the
14
136
students in the undergraduate programs represents 35% of their total income,
Among other sources making up the last category considered by the au
the previously described groups. Financial means derived from those sources are received by the students in cash or, for example, in the form of discounts on specific goods. Included in this category is also the money saved before
they make up 19% of monthly budget, and for the students living outside the
Jarecki15
parent retirement pensions or health pensions, student loans and other. Students may also receive financial support from the
fee or admission discounts. These studies relate to Polish students enrolled in four programs (Economics, Management and Marketing, Finance and Bank
base for reaching general conclusions that can be successfully applied to the total number of students in universities. According to the author, the main source of student income are the parents. The higher the level, the more
15 W. Jarecki,
137
tors, such as the mode of study and its place. The minimum size of the every
later these expenditures may be extended to the areas deemed by some as
budgets differ not only in size but also in structure. The sources the student receives the money from also depend on the various aforementioned factors. One gets the impression, that a large part of today’s students belong to the
16
their studies17. The scale of this phenomenon has been very large in recent
the young people.
Begg D., Fischer S., Dornbusch R.,
Jarecki W.,
, -
zne ,
16 ,
17
138
, pod. red. J. Kortana,
139
-
JURIDICAL CHARACTER OF CONDITIO-
NAL SUSPENSION OF THE CARRYING
OUT OF A SENTENCE
-
-
-
140
Conditional suspense of the carrying out of a sentence (hereunder con
enforcement type of reaction to the criminal offense. In 2010 on the number of 432 891 of all convictions, courts adjudicated 290 669 custodial sentences,
1.This fact alone should be enough to undertake research on this topic, but in addition to
In the literature devoted to the conditional suspension, very general state
2 3 punitive measure4, a particular form of penalty5, an extraordinary form of a sentence6
response to a criminal offense7.
1
2
3 , C. H. Beck,
p. 1056.4
, Lex
5A. Marek, , ISBN s. 228.
6 E. Krzymuski, 7 Warsza
p. 850.
141
institution is an integral part of the decision on penalty, a particular form of sentence8
First of all, it should be noted that the conditional suspension is issued as a result of conviction. It expresses a negative reaction to a socially harmful act and involves for the offender a number of negative consequences such as offender’s stigmatization9
of the PC10. The mere threat of execution of suspend sentence also is for the of
fender’s these are really noticeable ailments. The obligations imposed on the offender pursuant to Article 71 of the PC and a fine imposed under Article 72 of the PC have a dual role to play. Firstly, they are designed to ensure the proper conduct of the trials, and secondly, they should be for the perpetrator of a crime sui generis
fines imposed pursuant to Article 72 of the PC is to take the particular form of punishment as just and purposeful11. Considering indicated above ailments , that
sion on penalty, or even a particular form of sentence12.
8See also M. Leonieni, ,
9M. Leonieni, -
10It should be noted that according to the content of Article. 71 § 1 of the PC, the court suspending execution of sentence of imprisonment may order a fine only if its imposition on a different
11 M. Leonienip. 888.12 … ., p. 850.
142
It should be emphasized that the conditional suspension is in fact a conditional chance for an offender to avoid the absolute, much more painful pen
the decision on punishment is difficult to accept.The above thesis that the conditional suspension is an integral part of the
decision on penalty, or even a particular form of sentence, entails very serious
for the use of conditional suspension13.According to Article 69 § 1 of the PC, the court may conditionally suspend
the sentence if it is sufficient to achieve the purposes of punishment against the perpetrator, and in particular to prevent recidivism. Article 69 § 2 of the PC provides that in suspending the sentence, court shall take into account above all the attitude of the perpetrator, his characteristics and personal con
Described in the Article 69 § 1 and 2 of the PC, the conditions for applying the conditional suspension, clearly relate to the perpetrators criminological forecast. The thesis that the conditional suspension is an integral part of the sentence, expands the circle of reasons for and against the use of the condi
provided in the penal code.
is an integral part of the decision on penalty, and the thesis that decision on conditional suspension should be determined by every directives of the penal code, is a feedback loop.
13
applying to the present institution.
143
decision on penalty, and of course for the sentence principles of penalty are for the conditional suspension
should be applied the same principles. This relationship also occurs in the
conditional suspension should be applied the principles of penalty expressed
that the conditional suspension is a part of the decision on penalty, because as the name suggests, the principles are applied to penalty. By analyzing the
14 there is no doubt that courts deciding on the conditional suspension, consider all principles of sentencing, not being limited to offenders criminological projections. Well,
2.6%, and spontaneous fine only 1.8%. Limited use of conditional suspension considered in these cases cannot be explained by negative criminological
logical forecast is contrary to the directives of sentence (a contrario art. 58 §
the scale of this phenomenon. Courts use so rarely conditional suspension for penalty of restricted liberty, because of the principles of sentencing, in particular, because of the directive of general deterrence.
tion that the conditional suspension is an integral part of the decision on penalty, a particular form of penalty, seems to favor art. 69 § 4 of the PC. According to the content of this article, suspended sentences or fines limitation do not apply to the perpetrator of hooligan offenses15. Against the perpetrator of
14
15
144
a hooligan offense and the offender referred to in Article 178a of PC (driving
of a sentence of imprisonment in particularly justified cases (Article 69 § 4
ciety negative feelings and the use of conditional suspension considering the
absolutely not necessary to prejudge negative criminological prognosis for the perpetrator of a hooligan offence based only on the type of his offence16.
It should be emphasized that criminology prognosis is also affected by the
offence is, it is relevant only in the circumstances of the moment of committing a crime.
The idea that the decision on conditional suspension is an integral part of the decision on penalty, seems to favor the settlement provided for in Article
,
changes to the Criminal Code provide for the deletion of the grounds for extraordinary tighten
LexisNexis Polska, p. 240.16Differently T. Bojarski, ibidem…
of restricting the use of the conditional suspension of the sentence for the perpetrators of a hooligan offence points to the condition of the general prevention( Kary
is an unintended side effect of the necessary social transformation. She emphasized that the manifestations of hooliganism should be punished harshly, quickly and decisively. (see A.
145
71 of the PC. As indicated above, this provision makes it possible to give effect to fines, applying the conditional suspension if its imposition on a differ
be a consequence of the recognition that the decision on conditional suspen
justification for the rule of additional fines for previous penalties of restriction of liberty or imprisonment17. Such sentence could even be considered an exacerbation of the penalty. Deprivation of liberty or the penalty of restriction of freedom or the fine shall be decided upon the art 71 § 1 of the PC and is integrally connected, serves to fill the Directives provided for in Article 53 of the PC, in particular, emphasizing that the use of conditional suspension of punishment does not mean impunity for the perpetrators of the crime”. It therefore seems reasonable to claim that “the institution of conditional suspension of a sentence of imprisonment or a penalty of restriction of freedom or the fine shall be decided upon the art. 71 § 1 of the Penal Code is integrally connected, serving to fill the Directives provided for in Article 53 of the Penal Code, in particular, emphasizing that the use of conditional suspension of punishment does not mean impunity for the perpetrators of crime”18. In this case the fine is applied to first achieve the objectives of prevention and education to the convicted but also should be taken into account in shaping
the economic ailments treated in his case as a factor in the prevention in the social perception that he is not fully immune to punishment (social intuitions
19
17Article 71 of the Penal Code explicitly provides that on the basis of this article a fine can
18 , ., s. 861. 19 Lex a Wolters
, p. 514.
146
dicates that the fine imposed on the basis of Article 71 of the PC is the only
20 that no offense goes unpunished. In my
opinion arguing that principles of sentencing shall not be used for the conditional
suspension but they should be used for fine imposed on the basis of art. 71 of the
PC is illogical, because it has “provided for in Article 71 § 1 of the PC that the fine
21. Justification for
on punishment, and to it shall be applied all principles of sentencing may be found
institution for a more rational and humane punishment, but also and above all, as an
alternative to imprisonment. As such, the decision on its application by the decision
22. In a similar spirit
fact as a variety of intermediate sanctions, must be considered independently,
23. The author points out that in this approach, the primary purpose of punishment is
20Vide
2000, z. 1, poz. 19.21
noted that R. Skarbek does not formulate clear position on this issue, because on one hand he
general prevention conditions” and on the other hand, states that “ financial ailment predicated
, s. 451 i 460.22 p. 1056.23
147
above all a man’s rehabilitation and improvement of the social, emotional and
correspondence involving the matching of penalty for the committed offense 24
Justification for the need of using all principles of sentencing to conditional
i.e. taking into account the social impact of the penalty, can also be found in the punishment execution code. Article 152 of that act provides that court may
imprisonment, if the postponement of punishment lasted for at least one year. In
imprisonment. One could argue that it is a simple and logical consequence of establishing the border by the Article 69 of the PC, and in Article 69 of the PC,
negative prognosis criminology, that it should not be possible to apply to the “benefits” provided by Article 69 of the PC.
Article 152 of the EPC. “The evaluation of a court adjudicating on the basis of Article 152 the Executive Penal Code can therefore be the only thing that happens after the judgment, especially during the deferment of the sentence.
the offender after the ruling, especially one’s efforts to pay for damages or to compensate in another form of social sense of justice (Article 53 § 2 of the
24 p 277.
148
25
to justify conditional suspension of punishment26.
only to a positive criminological prediction, then the limit of dimension of the sentence in Article 152 of EPC, relating to a particular conditional suspension
because after all, the offender may not exhibit the same negative criminologi
conjunction of Article 152 EPC precisely due to the need for development of
years imprisonment, defined by Article 152 of the EPC a reason of particular prevention can only be detected.
As part of a fair research, at this point it seems reasonable to put for
tional suspension only to the Article 69 of the PC, and therefore only to the offender’s criminological forecast.
The Penal Code of 1969 in Article 73 § 3 in second sentence explicitly
siderations do not appeal against the sentence of conditional suspension of its implementation “27. This provision does not appear in the current Penal Code of 1997. This omission made by the legislature in the current structure of
deciding on the issue of conditional suspension, should not, in fact can not, take into account considerations of “social interaction”, making a decision at this point based only on the positive or negative offender’s criminological
25 . Komentarz
26
27Dz.U.1969.13.94 ze zm., art. 73 § 2 zd. ost.
149
forecast28 29. Ac
and size of the penalty. Secondly, if imposed penalty takes form of penalty of
a fine, the court referring “only” to offender’s criminology forecast decides 30.
conditional suspension , and thus of the juridical character of this institution, a literal interpretation of Article 69 of the PC seems to be favored. The use of the verb “sentence” perfectly suggests that the decision on conditional suspension of penalty shall be made after the judgment on the type and size of the punishment. It should be noted that Article 73 of the PC of 1969 (equiva
tionally suspend the execution of sentence of imprisonment for up to 2 years in case of a conviction for an offense, and up to 3 years in case of a convic
28 Vide , Kolonia
plexity of the institution, and emphasizes that the essence of the conditional suspension of punishment is above all punishment. Vide A. Kordik, p. 40. In this capacity
29 Vide SA in Lublin, dated 16.06.2009
conditional suspension, by its nature is not effectively carried out, and the measures imposed under Articles 72 of the PC of probation are that the performance penalty under the provisions
Criminal Procedure Chapter 58 (expressed in Bialystok SA 26.1.2010, file reference II Aka
30
150
tion for an unintentional offense. It seems that the use of the term “sentence”
the expression “sentenced” by the legislature is solely the result of editorial style of rule, caused by extension, in relation to the Criminal Code of 1969 the benefit of the institutions provided for in Article 69 of the PC in relation to the penalties of imprisonment and a fine of spontaneous and not from a desire to separate the directives from the penalty of suspension of the conditional directives. It should be noted that in current Penal Code, there is the Article
states that principles of sentencing shall be proportionately used to all measures provided in the Criminal Code.
According to a great part of the doctrine, this provision provides the basis for the appropriate use of directives to the conditional suspension31. According to the position presented in this paper, the decision on conditional suspension is not “just” a decision on the execution of a previous ruling on punish
32.
33. Such an approach encourages a claim that the institutions set out in Article 69 of the PC in addition to evidence of a positive criminology forecast specified in
sentencing set out in Article 53 of the PC, and therefore the condition of the
34. Linguistic in
31
p. 144.32 Tak A. Zoll, , s. 850.33 A. Marek, p. 228.34 In such a position stands mainly doctrine: A. Marek, p -
, M.
151
terpretation permits such a solution, because “the content of Article 69 § 2 of the PC indicates that there are no conditions listed in all the circumstances, to
use the phrase “above all”, and convinces in such a statement the use of the phrase “above all”35.
Code of Criminal Procedure.The very design of the criminal sentence speaks for adopting the thesis
that the conditional suspension is part of the decision on punishment. The
is the essence of “settlement” as a necessary component of any decision Ar36. The essence of the sentence is to recognize the
accused to be guilty of the alleged offense and to impose on him appropriate penalties. Judgment is a multiple complex sentence, and thus a complex but singular decision. This does not change the fact that the sentence is divided into points, because it merely arises from the editorial style.
It should also be noted that according to Article 413 § 2 point 2 of the Criminal Procedure Code conviction in addition to the items indicated in Article 413 § 1 of the Code should also include a decision as to sanctions and punitive measures. It should also be noted that according to Article 413 § 2
35261.35
36 Vide
p. 243 and n.
152
point 2 of the Criminal Procedure Code conviction in addition to the items indicated in Art. 413 § 1 of the Code should also include a decision as to sanctions and punitive measures. Although the legislature has enumerated in detail the elements that must appear in a conviction, it did not mention the conditional suspension. Conviction, of course, must include a prominent decision in this regard. Since the legislature has considered it superfluous to
Criminal Procedure Code, it should be recognized that it is a part of another item. There is no doubt that under the Polish Criminal Code conditional suspension cannot be treated as a criminal measure 37, and therefore it is safe to assume that the legislature sees in the Article 413 of Criminal Procedure Code that conditional suspension is a part of the sentence.
Also in other provisions of the Criminal Procedure Code, it is clear that
cording to Article 110 CPC deliberation and voting takes place separately as to the guilt and the legal action, the punishment for criminal measures and
point a request for the issue of conditional suspension should be submitted to council. You can postulate that the issue of conditional suspension should be put to the council and to vote as the last, because it directly fits to the timeline, in the recipe it should be treated as “other issues” 38.
issues”, are in fact the findings in relation to such judgment remedy, civil actions, damages granted , legal costs, credit detention on account of the sentence, judgment on the factual evidence39, but not the conditional suspension.
Taking a position on this matter E. Samborski simply indicates that the is
37It should be noted that the classification of conditional suspension of the Penal Code as a criminal tax raises substantial doubts.38Article 110 of the CPC last sentence.39 ., J.
153
sue of conditional suspension should be put to the council and voted together 40. At the same position
41.
determines the dimension of the “absolute” punishment, and of the condi
penalty” 42.
40E. Samborski,
, H. Kempisty (H. Kempisty,
the course of the deliberation and voting is the equivalent of art. 97 Code of Criminal Procedure of 1969 and Articles. 359 § 1 of the Code of 19 March 1928 (Dz. U. poz. 313 nr. 33, 1928
the basis of existing regulations.41 I, DOM WYDAWNICZY ABC,
42M. Leonieni, s. 825. It should be noted that the doctrine of these voices is being raised. For example, W. Wrobel, A. Zoll, indicate that the court imposing
be a consequence of understanding conditional suspension as a form of enforcement of the sentence, not a form of sentencing. Accepting that conditional suspension is a form of of sentence,
A. Zoll stating the nature of the institution of conditional suspension expressly states that the conditional suspension is an integral part of the decision on punishment, a particular form of
, s. 850. See in this regard also M. Leonieni, ., s. 891.
conditional suspension principles of sentencing provided in art. 53 and 54 § 1 of the Penal
154
Also, the content of Article 335 Criminal Procedure Code in connection
suspensions as an integral part of the decision on punishment. According to Article 335 of the CPC, if the circumstances of the offense are not in doubt, and the attitude of the accused indicates that the objectives of the proceeding
CPC does not mention an explicitly described institution of conditional suspension, and only uses the concept of punishment and penal measure. Since under the Criminal Code and Criminal Procedure Code conditional suspension is not a criminal measure, it must be concluded that the legislature has treated the conditional suspension, as part of the decision on the penalty.
conditional suspension of the rules specified in Article 343 § 2 point 2 of the
only occur at the initiative of the court seise 43, but they must be regarded as 44
s. 718.43 -
stood R. Koper see the same author,
settlement of punishment. „ p44 The great criticism of this position presented D. Steinborn, see the same author, -
this position also stood E. Kruk. See this author,
155
only to a condition that the institutions provided for in Article 343 § 1 and 2 of the CPC. Thus, guided by a prosecutor or a court request for the contents to
45”. What is more, the institution of voluntary submission to penalty (Ar
decision on penalty. Article 387 of the CPC provides that a defendant may request a decision convicting and sentencing him to a particular sentence or punitive measure. There should be no doubt that the application of the accused should be possible to be included in the issue of conditional suspen
legislature also at this point has not expressed explicitly conditional suspension of treating the body as an integral part of the decision on punishment.
takes the conditional suspension, as an integral part of the decision on pen
the juridical character of conditional suspension and conditions of its appli
negative consequences. It cannot be forgotten that a conviction occurs as a reaction to the offenders culpable, social harmful act and the conditional sus
court conditional suspense affects the perceiving by the offender the ailment
those imposed on the offender during the trial (Article 72 of the PC or a fine imposed upon Article 71 of the PC, they are to ensure the proper conduct of
ment of the penalty, because the actual ailment determines that the offender
45 D. Steinborn, , p. 130.
156
the suspended sentence, is also a noticeable discomfort for the offender. In
on conditional suspension is a part of the decision on penalty, and is associ46, being in
a just and purposeful punishment47. For principles of the conditional suspension should be considered not
only criteria set out explicitly in Article 69 PC but also other principles of sentencing set out by the Penal Code. Major part of the doctrine considers that other principles of sentencing shall be used adequately to conditional
ditional suspension is in fact part of the decision on punishment it can be concluded that the regulation of Article 56 of the PC does not apply to condi
that this provision should be applied directly, and not appropriatedly.
is an integral part of the decision on punishment, and the proposition that for the conditional suspension all the principles of penalty shall be used is a
the decision on penalty, this relation also occurs in the opposite direction. If
plied, to be relevant thereby shall be accepted that the conditional suspension
it principles of penalty.
46 ., p. 885.47 p. 888.
157
ing questioning the court’s decision on the conditional suspension, appellant shall raise error of concerning offender’s criminological forecast48
accepting the thesis that the conditional suspension is part of a decision on
the premise of a gross incommensurability of penalty (Article 438 § 3 of the
As a conclusion it must again be emphasized that conditional suspension is regarded as an integral part of a decision on penalty, the form of penalty,
nal Code of 1969 in the negative, that the court reaches a decision on
the considerations of the social impact of the penalty do not militate against the application of this institution, but also in the positive, resulting from the conditions of general deterrence. Conditional suspension of the sentence shall
unpunished.
48
s. 149.
158
rently a third level student. Graduate of numerous specialized courses in the field of manual therapy according to the concept of Kaltenborn and Evjentha.
bodybuilding, diver, lifeguard. Her scientific and professional activities are
ous legal articles including: Process succession of a purchaser of goods or
hearing of parties in the Polish civil proceedings, The signs correction of the
of scientific publications published in Poland, Germany, Czech Republic,
159
Slovakia and Ukraine in the field of security, governance, management
teaches at universities in the field of crisis management, communications security, security education. Member of the Polish Association of Political
Silesian Police. Constable of the Border Guard from 2002 to 2012. Currently,
Department of Security Management, Faculty of Special Engineering,
He is teaching such subjects as: Security Services and its legislation, Private Security Services, Doctrine of Guns and Ammunition, Personal Protec
slovak army, especially in building department and military constructions.
of scripts, school books, and articles in home and foreign magazines. He is
in Bratislava.
University, a PhD student in the Department of Economic and Commercial
160
University of Silesia, a graduate of general application in KSSiP (National
ployers of Malopolska Branch, a member of the Association of Chief Police Officers and the Association for European Security. Modern Bushido Department employee in the Department of Philosophy and Theory of the School of
events security. He teaches at the High Police School in Szczytno directing
161
Rector of the Higher School of Public and Individual Safety “Apeiron” in
since 1971 uninterrupted practices martial arts: a 8th dan karate, kickboxing
MA in psychology, Jagiellonian University, a PhD student in the Institute of Psychology, the Department of Behavioural Sciences of the Jagiellonian
2015. Research interests: psychology of aggression, personality psychology, and psychology of memory and learning. Publications and conferences of national and international research on the psychology of aggression.
Deputy Director of the Institute of Management at the University of Jan
the National Defense University. Former Military Officer of the Vistula River
162
Graduate of the School of Missile Forces and Artillery
policy, at the NATO Defense College in Rome. PhD graduate of the National
Branch in the Army General Staff, chief specialist of defense planning at the
of the Training Center for Foreign Missions in Kielce. He is the author of numerous publications in the field of defense, crisis management and the preparation of the Polish Armed Forces soldiers to participate in election observation missions, peacekeeping and stabilization missions.
PhD in political science at the Academy of Humanities in Pultusk. Officer of the Government Protection Bureau is currently in the rank of major. Research interests focus on issues related to the elements of the security system operating in the area of preventing and combating terrorism.
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