Remarks on the development of Polish criminal-law solutions (planned and under implementation) concerning the treatment of juveniles

Abstract

The paper is devoted to the problem of treatment of juveniles in the context of the evolution of Polish legal solutions and views of Polish lawyers on the rules of treatment of juveniles. The author
begins by referring to the first known examples of Polish practice, and, by reference to Professor Klementowski’s work devoted to these issues in old law and to W. Maisel, he points out the elements of humanism in the Polish practice of using measures towards juveniles during the medieval period and later. He shows Polish ideas for substantive-law solutions (the Code of 1818) and the executory practice connected with punishment of juveniles. He emphasizes inter alia the importance of the institution for juveniles set up in Studzieniec in 1876. The author also deals with the question of juvenile courts, and the first attempts to establish such courts after Poland regained independence in 1918. In particular, he takes into account the draft bill on juvenile courts of 1921, showing the positive aspects of the proposed solutions. The assumptions for this draft were partly adopted by the criminal code of 1932. The next part of the study focuses on the current legislation in force related to the 1982 law on proceedings in juvenile cases. The author characterizes its basic assumptions: the
concept of the child in danger, the principle of the child’s interest, the individualization principle, and the principle of examination of juvenile cases by the court. With regard to the first – preventive –
assumption, this law refers to the Draft of 1921. The author gives a positive assessment of solutions in the law in force with regard to model assumptions. He does not share the views aiming at the complete transformation of the current statutory system of treating juveniles. He does not accept the conception of some years ago, which planned to make these proceedings more penal, but he also
expresses his belief that it is not a good idea to introduce only the mode of proceedings based on civil procedure into the proceedings regarding juvenile cases. The fundamental absence of this solution
is associated with the actual situation: about two thirds of juvenile cases that are the matter of these proceedings are cases on prohibited (punishable) acts. In this matter, civil procedural  solutions are not appropriate.