Środki przymusu bezpośredniego stosowane wobec nieletnich umieszczonych w placówkach resocjalizacyjnych
Direct coercive measures applied to juneniles placed in resocialization institutions

Summary/Abstract: The issue of a minor’s responsibility for criminal acts committed and behaviors that are manifestations of demoralization is regulated by the Law of June 9, 2022 on the Support and Rehabilitation of Minors i.e., Journal of Laws 2024, item 978. It tightened the rules of juvenile responsibility, among other things, by allowing the use of a wide range of direct coercive measures, such as physical force, isolation chamber, straitjacket, incapacitating belts, safety helmet, and the preventive use of handcuffs when escorting a juvenile without the requirement to record the action and inform the family court, which violates the constitutional rights of the individual. It is complemented by the provisions of the Law of May 24, 2013 on direct coercive measures and firearms i.e., Journal of Laws of 2024, item 383 which comprehensively regulate this issue. The purpose of the publication is to analyze direct coercive measures, paying particular attention to the new solution of the preventive use of handcuffs against a convoyed minor. This article reviews legal acts, literature and jurisprudence, with the aim of developing conclusions on the directions of changes in the use of direct coercive measures against minors showing signs of demoralization and who are perpetrators of criminal acts.

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