Odpowiedzialność karna nieletnich we Francji i w Polsce. Uwagi prawne i pedagogiczne
Criminal Liability of Juveniles in France and Poland. Legal and Pedagogical Remarks

Summary/Abstract: RESEARCH OBJECTIVE: The main aim of the article is to compare solutions regarding the criminal liability of minors in France and Poland, taking into account the factors influencing the assessment of the juvenile’s situation and education in conditions of penalty. THE RESEARCH PROBLEM AND METHODS: The research problem was formulated in the form of a question: how was the issue of criminal liability of juveniles regulated in French and Polish legislation. The current legal provisions, views of the doctrine, the jurisprudence of courts in the field of juvenile criminal law were analyzed. THE PROCESS OF ARGUMENTATION: Both the basic notions for making analysis and prerequisites conditioning the criminal liability of juveniles have been defined, as well, while considering their importance in the pedagogical dimension. RESEARCH RESULTS: The French model assumes the criminal liability of minors based on the criterion of discernment without specifying the lower age limit of criminal liability. The Polish model provides for the criminal liability of minors in exceptional situations. In both countries, the prior principle is to take activities aimed at bringing up minors. CONCLUSION, INNOVATIONS, AND RECOMMENDATION: Both compared systems assume the education of juveniles, but they differentiate the legal situation of a juvenile. The adoption of a specific concept of dealing with juveniles affects the measures used, the institutional conditions of pedagogical work. The overall assessment of the minor and his/her situation should play an important role.

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