Occupation: Petty Smuggler. On the Effectiveness of Carrying Out Selected Non-Custodial Penalties against Smugglers

Author:

Stasiak Krzysztof1ORCID

Affiliation:

1. 1 University of Gdansk , Poland

Abstract

Abstract This article presents the results of a study on the effectiveness of carrying out community service (a penalty for committing a crime or misdemeanour which entails performing work f or social purposes) and social work (where a fine can be converted into such work if the obligated person cannot pay it) by perpetrators of criminal acts related to the smuggling of goods. For the purposes of the current study, punishments consisting of work were defined as effective when they remained unchanged and were carried out as community service. The study found that if punishment in the form of work was applied to them, perpetrators of smuggling-related crimes or offences performed such work far more often than perpetrators of other criminal acts who were subjected to the same punishment (93.8% v. 65.1%). Moreover, it was established that criminal acts related to the smuggling of goods are committed equally often by women and by men (in this category of criminal acts, women comprised 46.2% of perpetrators, with the mean for all criminal acts and petty offences taken into account in the current study being 15%). The article concludes that the present results may suggest that perpetrators of such criminal acts or petty offences treat them as a way to gain additional income. This is evidenced, for example, by the fact that many people had more than one sentence to serve for committing a criminal act related to smuggling.

Publisher

University of Bialystok

Reference42 articles.

1. Act of 20 May 1971 on the Code of Petty Offences (consolidated text, Journal of Laws 2021, Item 2008 as amended).

2. Act of 6 June 1997 on the Executive Penal Code (consolidated text, Journal of Laws 2021, Item 53 as amended).

3. Act of 6 June 1997 on the Penal Code (consolidated text, Journal of Laws 2022, Item 1138).

4. Act of 10 September 1999 on the Penal and Fiscal Code (consolidated text, Journal of Laws 2022, Item 859 as amended).

5. Babicka-Wirkus A., Wirkus Ł., Nowe wyzwania Kuratorskiej Służby Sądowej. Przygotowanie kulturowe kuratorów sądowych do pracy z obcokrajowcami, ‘Gdańskie Studia Prawnicze’ 2020, no. 3(47), pp. 152–164.10.26881/gsp.2020.3.09

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