– These regulations change the philosophy of the state’s approach to minors. Sometimes, in the case of a minor offense, it is better for a school principal to assign a minor community service work for the school than for that person to immediately appear before a court – said Deputy Minister Michał Woś, who supervised work on the bill.

Who will be sent to a correctional facility—and for how long?

The Ministry of Justice: – Minors who commit the most serious crimes, such as murder, rape or pedophilia, will obligatorily be sent to correctional facilities. Today, it sometimes happens that they are placed only under probation officer supervision.

The upper age limit for staying in a correctional facility will also change. Ministry officials: – Currently, people remain there only until the age of 21, regardless of the criminal act committed and the results of rehabilitation. The bill introduces the possibility of extending the stay for a specified period, by a maximum of three years, if rehabilitation to date has been unsuccessful.

The ministry explains that this provision concerns perpetrators of the most serious crimes, and that the family court will decide whether to extend the stay in a correctional facility. It adds:

In cases involving convictions for the most serious crimes, the court will be able to indicate immediately that a minor should remain in a correctional facility until the age of 24. The court will be able to place every person leaving the facility under probation officer supervision if it has doubts about the extent of that person’s rehabilitation. Residents over the age of 21 will undergo rehabilitation in a new type of correctional facility for minors who have turned 21.

District Educational Centers

The new, stricter facilities will be intended for those who committed a criminal act and are at least 13 years old and—in exceptional cases—for people who have not committed a criminal act but are severely demoralized, for example, drink alcohol or use drugs, and for whom measures already applied have been ineffective, such as young people who have repeatedly run away from youth educational centers. The family court will decide whether to place someone in such a facility.

What about the youngest children?

The new regulations set the minimum age of responsibility for conduct violating the legal order or constituting signs of demoralization at 10 years old. Officials: – Today, the act contains no provision on the minimum age of such a person, meaning that even six-year-old children who steal a candy bar from a store or fight with their peers may appear before a court.

Work for the school

The ministry: – Although students’ misbehavior can sometimes have serious consequences, it generally does not result from demoralization but from problems with growing up or an excess of youthful energy. In such cases, it is usually unnecessary to initiate proceedings against the student under juvenile law, which may end, for example, with placement in a youth educational center. The problem can be resolved on the spot with better educational results. The new regulations will enable school principals, with the consent of parents and students, to assign community service work for the school for less serious offenses, for example.

The Ministry of Justice summarizes:

The validity of the solutions prepared by the Ministry of Justice is confirmed by the results of a survey conducted by the IPC Research Institute on changes in Polish law concerning minors. Among those surveyed, 66.4 percent believe that minors who have committed murder or other serious crimes should remain in a correctional facility until as late as their 24th birthday. 62.9 percent of respondents believe that a six-year-old child should not be held accountable before a court, while 79.2 percent believe that community service around the school could be one of the penalties.

More details are available on the ministry’s website. What do you think? We invite you to join the discussion.