USTAWA O WSPIERANIU I RESOCJALIZACJI NIELETNICH Z PERSPEKTYWY WSPÓŁCZESNYCH TRENDÓW W POSTĘPOWANIU Z NIELETNIMI
ACT ON SUPPORT AND RESOCIALIZATION OF MINORS FROM THE PERSPECTIVE OF CONTEMPORARY TRENDS IN DEALING WITH MINORS

Summary/Abstract: Introduction: On September 1, 2022, the Act on Support and Resocialization of Juveniles en-tered into force, which replaced the almost 40-year-old Act on Proceedings in Juvenile Cases,which was already considered outdated and inadequate to the realities of the 21st century.Research Aim: The aim of the presented considerations is to interpret selected provisions of theAct on the Support and Resocialization of Juveniles from the perspective of social rehabilitationpractice. The issue concerns whether the current legal regulations regarding minors are preven-tive measures in dealing with minors. In addition, it is important to spread knowledge aboutnew rules for proceedings with minors in order to raise the legal awareness of society, especiallyeducators, teachers and parents, because they are obliged to educate children and young peoplein this matter, otherwise the law does not fulfill its preventive function.Evidence-based Facts: The new Act on Support and Resocialization of Juveniles duplicatesthe provisions of the Act on Proceedings in Juvenile Matters in many places. However, thereare changes that can be called fundamental. These include the introduction of a lower limit ofresponsibility for minors, lowering the age of criminal responsibility for minors for the mostserious crimes, the possibility of extending the duration of correctional measures in specificsituations, the creation of district educational centers, equipping school principals and bodiesconducting explanatory proceedings with the competence to use educational measures.Summary: The assessment is not clear, as the new regulations introduce rules corresponding tothe retributive model. In addition, the legislator maintained elements of the care model and therestorative justice model. The act also includes provisions that can be assessed as introducingelements of the diversion system.

• Details
• Contents