Juvenile Laws at Poland
Poland’s juvenile justice system is a dual-track system, meaning it uses both criminal and civil procedures to deal with minors in conflict with the law. It is governed mainly by rehabilitative principles, with a strong emphasis on education, reform, and social reintegration rather than punishment.
Overview of Juvenile Laws in Poland
📜 Key Legal Frameworks
The Act on Proceedings in Juvenile Cases (Ustawa o postępowaniu w sprawach nieletnich, 1982)
This is the primary law governing how juveniles are treated when they commit offenses.
It covers:
Juveniles in conflict with the law
Juveniles displaying "demoralization" (i.e. antisocial behavior)
Child protection measures for at-risk youth
Focuses on educational and corrective measures, not punishment.
The Polish Criminal Code (Kodeks karny)
Generally applies to adults, but juveniles over 17 (and in certain cases over 15) can be held criminally responsible under specific conditions.
The Constitution of Poland
Guarantees rights of the child, including protection from cruel or degrading punishment and the right to due process.
The Family and Guardianship Code
Addresses family-related issues and includes measures for minors who need protection due to neglect, abuse, or behavioral issues.
👶 Age of Criminal Responsibility
Under 13:
Cannot be held criminally or administratively responsible. Handled through child welfare or protective proceedings.
Ages 13–17:
Subject to juvenile proceedings, which are non-criminal and focus on rehabilitation.
Ages 15–17:
In cases of serious crimes (e.g. homicide, rape, aggravated robbery), the juvenile may be tried as an adult.
This is rare and must be approved by a court.
18+:
Considered an adult, but if the crime was committed before age 18, some juvenile measures may still apply.
⚖️ Juvenile Justice Process
1. Family and Juvenile Courts
Juvenile cases are handled by specialized courts.
Judges can order various educational, corrective, or protective measures based on the child’s behavior and circumstances.
2. Demoralization Cases
Unique to Polish law: juveniles don’t need to commit a crime to be taken to court.
"Demoralization" includes:
Skipping school
Drug/alcohol use
Aggression or running away from home
Early signs of antisocial behavior
3. Protective Measures Include:
Warning and admonishment
Supervision by parents or a guardian
Probation officer oversight
Placement in a foster home or institution
Obligation to attend therapy, education, or training
🧑⚖️ Sanctions and Measures for Juveniles
Poland does not use the term “punishment” for minors. Instead, the court imposes educational and correctional measures, including:
✅ Educational Measures
Supervision by parents or guardians
School attendance enforcement
Counseling or psychotherapy
Curfew or behavioral contracts
🧑💼 Probation Supervision
Juveniles are monitored by a probation officer, often for 1–2 years.
🏫 Correctional Institution (Zakład poprawczy)
For more serious or repeat offenses
Functions like a closed educational facility, not a prison
Provides:
Schooling
Vocational training
Therapy
Juveniles can be placed here until they are 21.
🛑 Detention
Pre-trial detention for minors is rare and must be a last resort.
If needed, minors are held in youth custody centers, never with adults.
🧠 Rehabilitation and Support Focus
Poland's juvenile system is rooted in the belief that minors can change with the right support. Core aspects include:
Rehabilitation through education and vocational training
Family counseling and therapy
Addressing substance abuse and mental health issues
Restorative justice is emerging but not yet widespread
🧒 Legal Rights of Juveniles
Juveniles have the right to:
Legal representation
Be heard in court
Appeal decisions
Have privacy protected during proceedings (closed hearings, anonymous records)
🌍 Compliance with International Standards
Poland is a signatory to:
UN Convention on the Rights of the Child (CRC)
European Convention on Human Rights (ECHR)
Beijing Rules and Riyadh Guidelines on juvenile justice
The juvenile system is aligned with the “best interests of the child” principle but continues to evolve.
⚠️ Current Issues and Challenges
Institutionalization: Critics argue that too many juveniles are sent to correctional facilities, which can lead to further stigmatization.
Lack of restorative practices: While discussed in policy, restorative justice is not widely implemented.
Demoralization clause: Seen as overly vague, it may lead to excessive state intervention in non-criminal behavior.
✅ In Summary
| Aspect | Details |
|---|---|
| Minimum age of responsibility | 13 (civil), 15 (criminal in serious cases) |
| Juvenile court jurisdiction | Up to age 17 (or 21 if offense committed before 18) |
| Main focus | Education, rehabilitation, social reintegration |
| Possible sanctions | Educational measures, probation, correctional facility |
| Use of prison | Rare; only for 15+ and serious offenses |
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