Study on children's involvement in judicial proceedings : contextual overview for the criminal justice phase : Poland

The age of criminal responsibility is 17 years old - young people of this age and over will be judged according to the same rules as adult offenders, although the court will apply lower levels of punishment. There are separate prisons for people under 21 years old. The general policy as regards juvenile justice is first and foremost to educate the child and assist him/her in social rehabilitation. The authorities conducting the proceedings in juvenile matters should be guided primarily by the juvenile's best interests and should seek to achieve positive changes in his/her personality and behaviour. They should also, when necessary, promote the appropriate fulfilment of the parents'/guardians' duties towards the minor. Proceedings in matters involving children are conducted, for the most part, according to the rules of civil procedure, although there are also elements of criminal procedure at certain stages. The family court does not impose punishments, but applies educational, therapeutic and, as the last resort, correctional measures, that is placement in a correctional facility. The choice of this measure has to be adequately justified by all circumstances and the child's psychological profile. The most characteristic feature of the juvenile justice system is the wide discretion of the family court, which supervises and conducts all stages of the proceedings, from explanatory to enforcement stages. The evolving capacities of the child are taken into account as regards child victims/witnesses and child offenders. There are provisions and standards concerning the interviewing of children (for example, the presence of a psychologist is required) and in particular psychological and sociological assessment is used to best adapt measures to the child's development. As regards child victims/witnesses, one of the core principles of criminal proceedings is that they should be conducted in such a way as to ensure that all the legal rights of the victim are taken into consideration. Recent legislative amendments and numerous actions aim at strengthening protection of vulnerable child victims/witnesses.