Ochrona prawna dziecka a regulacje dotyczące odpowiedzialności na gruncie Kodeksu karnego i ustawy o postępowaniu w sprawach nieletnich
Polish juvenile responsibility regulations in the Criminal Code and the conduct in juvenile cases act from the perspective of legal children’s rights protection

Summary/Abstract: The children’s rights are codified in the Convention of the Rights of the Child. They should be respected especially in formal reaction for the unwanted juvenile behaviour. If the thinking of children’s rights is based on the necessity of providing stronger, than in case of human rights in general, protection, the intrusion in personal lives should be treated as a final option. The main purpose of this article is to describe Polish formal and criminal reaction regulations in juvenile cases from the perspective of children’s rights protection. I would like to pay attention to the article 10 § 2 of the Criminal Code from perspective of criminal liability of the underaged, as well as to the using of the „prohibited act” and „criminal act” and the possibility of changing the reformatory measure into criminal punishment in the conduct in the juvenile cases act. The possibility of minors’ criminal liability is not against the Convention, whereas the regulations from the act are controversial. The using of an unclear legal base to initiate the process and the possibility of changing the responsibility regime might be considered as against the right to protect personal life and freedom from unjustified state intrusion.

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