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Poland

Updated: Apr 6

THE JUVENILE RESPONSIBILITY IN POLAND * It should be noted that the following text is intended to serve as a preliminary overview of the issues linked to the responsibility of juveniles.


Act of June 6, 1997 – Penal Code (PL: Ustawa z dnia 6 czerwca 1997 r. – Kodeks karny)

Under the Penal Code, liability applies to individuals who commit a prohibited act after reaching the age of 17. However, Article 10 § 2 of the Penal Code stipulates that a juvenile who, after turning 15, commits an offense specified in Articles 134, 148 § 1, 2 or 3, 156 § 1 or 3, 163 § 1 or 3, 166, 173 § 1 or 3, 197 § 3 or 4, 223 § 2, 252 § 1 or 2, or 280 may be held criminally liable under the Penal Code if warranted by the circumstances of the case, the perpetrator's level of development, personal characteristics, and conditions—particularly if previously applied educational or correctional measures have proven ineffective. Furthermore, in such cases, the penalty imposed cannot exceed two-thirds of the maximum statutory penalty prescribed for the offense. The court may also apply extraordinary mitigation of the penalty. Additionally, if an individual commits a crime after turning 17 but before turning 18, the court may, if justified by the circumstances and the perpetrator’s level of development, impose educational, therapeutic, or correctional measures instead of a penalty.


In 2023, a new provision entered into force allowing juveniles aged 14 to 15 who commit an offense under Article 148 § 2 or 3 of the Penal Code to be held liable under the Penal Code. This liability applies if two conditions are met:

1.      The circumstances of the case and the perpetrator’s level of development, characteristics, and personal conditions justify it.

2.      There is a reasonable suspicion that educational or corrective measures would be insufficient for the juvenile’s rehabilitation.


Chapter VI of the Penal Code, which governs the imposition of penalties and penal measures, states that when sentencing a juvenile or young adult, the court primarily aims at the perpetrator’s rehabilitation (Article 55 § 1). Additionally, life imprisonment cannot be imposed on a perpetrator who was under 18 at the time of committing the crime (Article 54 § 2).


Act of June 9, 2022 on support and resocialization of juveniles (PL: ustawa z dnia 9 czerwca 2022 r. o wspieraniu i resocjalizacji nieletnich)


This law applies to:

  1. Proceedings regarding demoralization—for individuals aged 10 to 18.

  2. Proceedings regarding criminal acts—for individuals who committed an offense between the ages of 13 and 17.

  3. The execution of educational, therapeutic, or correctional measures—for individuals subjected to such measures, up to the age of 21 unless otherwise specified by the law.

While the act does not define juvenile demoralization explicitly, it is generally understood to include:

-       Committing a criminal act,

-       Violating social norms,

-       Avoiding compulsory education,

-   Using alcohol, narcotics, psychotropic substances, or other psychoactive substances,

-       Engaging in prostitution.


According to Article 6, measures to counteract juvenile demoralization and criminal activity include:

  1. Educational measures,

  2. Therapeutic measures,

  3. Correctional measures.


Punishment may only be imposed on a juvenile in cases specified by law and if other measures are insufficient for rehabilitation.


Educational measures include:

-       A warning,

-   Supervision by parents, guardians, a social organization, an employer, or another responsible individual,

-       Placement under the supervision of a probation officer,

-       Referral to a probation center or other educational or therapeutic institution,

-       Prohibition from driving vehicles,

-       Confiscation of objects used in or derived from a criminal act,

-       Placement in a specialized foster family,

-       Placement in a youth education center or district educational center.


Therapeutic measures involve placement in an institution providing psychiatric or addiction treatment.

Correctional measures entail placement in a correctional institution.

Juvenile proceedings are conducted by family courts unless otherwise specified by law.


Juvenile Facilities

Institutions for juveniles under the jurisdiction of the Ministry of Justice include district educational centers, correctional institutions, and juvenile shelters.

Under Article 343 of the Act of June 9, 2022, the Minister of Justice has the authority to establish, abolish, or reorganize these facilities by executive order.


District educational centers provide both educational and temporary measures. They accommodate juveniles who:

-       Have normal intellectual abilities,

-      Have mild or moderate intellectual disabilities. Juveniles may remain in such centers until the age of 19.


Correctional institutions implement correctional measures. These institutions can be:

-       Open,

-       Semi-open,

-       Closed,

-       Facilities with enhanced educational supervision,

-       Institutions for individuals who have turned 21.


Educational systems in district educational centers and correctional institutions are categorized as:

-       Rehabilitation,

-       Re-socialization and revalidation,

-       Therapeutic rehabilitation.


Juvenile shelters serve as temporary placements when there is a risk of obstructing legal proceedings—such as escape, concealment, destruction of evidence, or unknown identity. There are two categories of shelters:

-       Ordinary,

-       Enhanced educational supervision.


As of October 1, 2024, the Ministry of Justice operates 30 juvenile facilities:

-       14 district educational centers (829 places),

-       9 independent correctional facilities (300 places),

-       2 independent juvenile shelters (120 places),

-       5 combined correctional institutions and shelters (366 places).


Five of these facilities accommodate female juveniles:

-   District educational centers in Koronowo, Koszalin, Mrozy, and Warsaw Falenica (190 places total),

-       A correctional institution and shelter in Zawiercie (70 places).

In total, juvenile facilities have a capacity of 1,615 places: 1,355 for boys and 260 for girls.


Statistics

Police:

Before 2013, police statistics recorded juvenile offenses at the time of referral to the Family and Juvenile Court. Since 2013, data has been presented based on the initiation and completion of proceedings by family judges. As of January 1, 2014, the Ministry of Justice is responsible for collecting and submitting juvenile crime data to Statistics Poland. The police no longer report juvenile offenses separately, meaning that relying solely on police data may distort the overall picture of juvenile delinquency.

Ministry of Justice:

Statistics Poland:

 

Please find below some sample literature:

Brzezińska, J. (2018). On the phenomenon of female juvenile delinquency. Nowa Kodyfikacja Prawa Karnego, 47, 69–90

Klaus, W., Rzeplińska, I., & Woźniakowska-Fajst, D. (Eds.). (2022). Criminal Careers: Life and Crime Trajectories of Former Juvenile Offenders in Adulthood (1st ed.). Routledge.

Kotowska, M. (2011). Determinants of juvenile delinquency in Warmian-Masurian voivodeship in the light of empirical studies. Archives of Criminology, XXXIII, 197–212.

Łyżwa, A. (2024). Rehabilitation of Minors in Poland in a Closed Environment. Probacja, 3, 9-40.

Noszczyk-Bernasiewicz, M. (2015). Juvenile Delinquency in Poland : dimensions and selected forms of response. Chowanna, T. 2 (2015), 275-291.

Włodarczyk-Madejska J. (2017). Profiles of Juvenile Offenders Placed in a Youth Care Centre or Youth Correctional Facility by the Court. Archives of Criminology, XXXIX, 273–314.

Woźniakowska, D. (2006). Girls’ Delinquency in Contemporary Poland. Archives of Criminology, XXVIII, 375–387.


Rate of children in detention per 100,000: 24 (2022) https://data.unicef.org/resources/dataset/children-in-detention/


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