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1

The good (well-being) of the child and proceedings in cases of minors in Polish law

100%

Sitek B. W.

Journal of Modern Science

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2019

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issue 3(42)

173-180

EN

The subject of the study is to present Polish legal regulations applicable in the case of a minor's demoralization. The ongoing cultural changes of a global nature are conducive to the moral degradation of young people. Human freedom has become the basic value inscribed in the human rights system. This freedom is often abused especially by young people. In addition, transferring human activity to cyberspace to a large extent limits the ability to control the activity of a young person. The aim of this work is to present the statutory definition of the concept of demoralization, its specific cases, and the course of proceedings before a family court in such cases. It is also important to show the attitude of the Polish legislator aimed at saving the minors, and not punishing them. Any penalties imposed on the minors are used as the final measures. The effect of the study is to present the substantive law and the system of dealing with minors before the family court in case of its demoralization.

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Nieletni przed sądem rodzinnym według ustawy o postępowaniu w sprawach nieletnich. Stadia postępowania i praktyka orzecznicza w zakresie przeciwdziałania demoralizacji oraz w sprawach o czyny karalne

84%

Bartha A.

Dziecko krzywdzone. Teoria, badania, praktyka

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2018

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vol. 17

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issue 1

9 - 29

PL

Nieletni sprawcy czynów zabronionych ponoszą odpowiedzialność sensu largo przede wszystkim na podstawie przepisów Kodeksu karnego bądź ustawy z dnia 26 października 1982 r. o postępowaniu w sprawach nieletnich. Jednak młode osoby do ukończenia 15 lat, które dopuszczą się czynu zabronionego, odpowiadają jedynie z przepisów ustawy. Ich zachowanie może być przejawem demoralizacji lub stanowić czyn karalny. Postępowanie w sprawach nieletnich prowadzi sąd rodzinny. Autor w niniejszym artykule prezentuje model postępowania ujęty w ustawie, jego stadia, właściwość sądową, prawa i obowiązki nieletniego jako strony oraz praktykę orzeczniczą w zakresie stosowania środków służących przeciwdziałaniu demoralizacji i przestępczości nieletnich. Trafność ich doboru ma wszakże prowadzić do osiągnięcia korzystnych zmian w osobowości i zachowaniu się nieletniego w celu zapobieżenia wkroczenia przezeń na drogę przestępstwa i ponoszenia odpowiedzialności już na gruncie Kodeksu karnego.

EN

Juvenile delinquents are responsible primarily for sensu largo under the provisions of the Penal Code or the Law of 26 October 1982 on juvenile delinquency. However, young people up to the age of 15 who commit a prohibited act shall be liable only to the provisions of the Act. Their conduct may be a manifestation of demoralization or a criminal act. Proceedings in juvenile cases are led by family courts. In this article the author presents the model of proceedings included in the law, its stages, jurisdiction, the rights and obligations of minors as a party, and the jurisprudence practice in the application of measures to prevent demoralization and juvenile delinquency. However, the relevance of their choice is to lead to favorable changes in the personality and behavior of minors, in order to prevent them from entering the path of crime and to take responsibility under the penal code.

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Sędzia rodzinny – prawnik, praktyk, człowiek

84%

Ważny E.

Dziecko krzywdzone. Teoria, badania, praktyka

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2020

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vol. 19

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issue 3

128-143

PL

W sprawach rodzinnych i nieletnich, w których występuje problem dziecka krzywdzonego bardzo ważne jest profesjonalne prowadzenie postępowania przez sędziego. Autorka praktykujący sędzia – przedstawia w artykule problemy i trudności w codziennej pracy sędziego z różnych perspektyw: prawnych, orzeczniczych, organizacyjnych i psychologicznych. Opisuje zakres współpracy sądów z innymi instytucjami i specjalistami mającymi wpływ na pracę orzeczniczą sędziów. Artykuł stanowi głos w dyskusji na temat potrzeby dokonania systemowych zmian w zakresie sądownictwa rodzinnego, szczególnie tam, gdzie niezbędna jest szybka i profesjonalna pomoc dziecku. Porusza zagadnienie braku wsparcia dla sędziów zagrożonych wypaleniem zawodowym.

EN

In family-oriented and juvenile cases, in which a child is abused, it is most important for a judge to professionally conduct a proceeding. The author, as a practicing judge, presents in the article the current situation of family court judges from various perspectives: legal, jurisprudence, organizational and psychological. She describes the scope of cooperation between courts and other institutions and specialists, as well as numerous problems that affect the judicial ruling. The author also indicates the need for systemic changes in the matter of family and juvenile court, especially where quick and professional child support is needed. The elaboration also addresses theissue of lack of s upport for judges at risk of job burnout.

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Działalność wychowawcza sądu rodzinnego wobec nieletnich – pomiędzy ideami a praktyką

73%

Klaus W.

Archiwum Kryminologii

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2008

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issue XXIX-XXX

331-347

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Relacja rodzice i inne osoby dorosłe a dzieci w świetle nowych przepisów Kodeksu rodzinnego i opiekuńczego i niektórych innych ustaw (wybrane problemy)

67%

Marek A.

Acta Iuris Stetinensis

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2014

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issue 6

371 -400

PL

Artykuł ukazuje silną relację pomiędzy prawem (treścią aktów prawnych) a pojęciami wypracowanymi na gruncie takich dyscyplin naukowych jak psychologia, pedagogika, praca socjalna, socjologia i innych. Dotyczy to zarówno przepisów Kodeksu rodzinnego i opiekuńczego jak i innych ustaw dotyczących funkcjonowania rodziny. Można mówić o przeprowadzonych w ostatnich dwóch dekadach próbach (niekiedy bardzo udanych) dostosowania uregulowań prawa materialnego do specyfiki rodzinnych problemów prawnych. Niestety nie spowodowało to adekwatnych zmian w prawie procesowym. Żadnych zmian koniecznych ze względu na ową specyfikę nie przeprowadzono zarówno w organizacji, jak i w funkcjonowaniu sądów rodzinnych.

EN

The article highlights a strong relation between the law (the content of legal acts) and concepts developed within such academic fields as psychology, pedagogy, social work, sociology and others. Such a strong connection characterizes both the regulations of the Family and Guardianship Code and other articles related to family functioning. This fact permits a conclusion that in the last two decades there have been attempts (many times very successful) to adjust the regulations of material law to the specificity of family legal problems. Unfortunately, similar changes in procedural law have not followed. Actually, no changes that are indispensable due to this specificity have been introduced in ether organization or the functioning of family courts.

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Praca kuratora dla nieletnich w opinii sędziów sądów rodzinnych i kuratorów społecznych

58%

Wójcik D.

Archiwum Kryminologii

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1988

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issue XV

203-249

EN

The paper contains the results of a questionnaire study carried out on national representative samples of family courts judges (277 persons) and voluntary probation officers (247 persons). The main aim of the study was to obtain the practicians opinion as to the model of probation service existing in Poland and its ideal vision, as well as the conception of the work of a voluntary probation officer with a juvenile delinquent and his milieu and the: effectiveness of such work. comparing the statements of judges and voluntary probation officers, the author intended to find out what opinion the persons who play various parts in the process of resocialization of juveniles have on the educational work of voluntary probation officers: what this work should be and what it actually is. The picture that emerges from the statements of both groups of respondents is not favourable, the appraisals made by family courts judges being more, critical as a rule than those of voluntary probation officers. Some of the respondents statements are declarations and wishes. Over a half of the family courts judges (58 per cent) and about 80 per cent of voluntary probation officers consider the voluntary-cum-professional model of probation service for juvenile delinquents found in our country to be a good one (although only a part of them approve of it fully, with the remaining ones accepting it conditionally and submitting various proposals for its improvement). On the other hand, as many as 42 per cent of judges and about 20 per cent of voluntary probation officers opt for the performance of supervision -by professional probation officers only. To substantiate their standpoint, these persons argue that voluntary probation officers lack qualifications, are insufficiently engaged in educational work with juveniles, and that in their case difficulties arise in executing the proper performance of supervision. Also the enrollment of voluntary probation officers is disapproved of, the examined persons stating that in the face of a small number of applicants for this work, no requirements can be imposed upon them, and many of them are chance persons with no training whatever. As few as 7.6 per cent of family courts judges and as many as 48.6 per cent of voluntary probation officers are of the opinion that probation officers are well prepared to perform their function of resocialization. In the opinion of most respondents, the number of voluntary probation officers is greatly insufficient. The author was also interested in the respondents vision of the voluntary probation officer's work with a juvenile and his milieu, the elements that should prevail in this work: education, care or supervision, and the actual situation in this respect, as well as the real course of this work. Most respondents (78 per cent of judges and 52.2 per cent of probation officers) stresed the educational elements of a voluntary -probation officer's activity. :What is alarming, however, is the fact a considerable group both of family courts' judges (21.3 per cent) and of voluntary probation officers (30 per cent) believe formal supervision to be the most important aspect. Yet as shown by the findings of the study, the actual work of .a voluntary probation. officers departs greatly from the declared ideal model. Voluntary probation officers are burdened with an excessive number of supervised juveniles, with about 30 per .cent of them supervising over 10 persons which is the number set as the maximum. The majority of respondents demand a reduction of the number of juveniles under supervision, which is however difficult to be fulfilled because of the lack of candidates willing to become probation officers. As appears also from the respondents statements, there is no elaborate conception of the voluntary probation officer's work. Too much weight is attached when appraising this work to its formal criteria (e.g. the number of probation officer's contacts with the juvenile). Instead, the quality of his work is inadequately analyzed. Admittedly, both professional probation officers and most of all family courts judges lack sufficient data to carry out such an analysis: namely, the information about a voluntary probation officer's work come from his reports that are frequently faulty as regards quality, contents and promptness; this appears not only from the judge's but also from the voluntary probation officers' own statements. Co-operation between voluntary probation officers on the one hand, and profesional probation officers and family courts' judges on the other hand, is also faulitly organized. The respondents perceive this co-operation as the opportunity to settle definite legal, educational and organizational matters rather, than as a regular influence of the family court towards an improvement of the voluntary probation officers' qualifications and an increase of their educational impact on the juveniles. In resocializing activities, great weight is attached to the educational methods applied by the voluntary probation officer. His basic method is considered to be that of individual therapy which should be accompanied by group and environmental therapy. As appears from the statements of most voluntary probation officers, the forms of their work, and of influencing the juvenile in particular, were rather modest and poorly differentiated, the probation officers revealing litt1e initiative and being either relucant or unable to make the contacts with juvniles supervised by them more diversified. As few as about 20 per cent of the examined voluntary probation officers were in good contact with some of their probationers at any rate, the contact being of a therapeutical character (which was important in so- far as over 40 per cent of probation officers stated that they supervised- juveniles with personality disorders). In resocializing work, the posibilities of influence in a group of young persons are insufficiently used. Moreover, voluntary probation officers meet with many difficulties in co-operating with their probationers families, their contacts with the institutions engaged in crime prevention, education or social assistance being also unsatisfactory. Voluntary probation officers co-operate rather regularly with schools, the police, the Polish Committee for Social Aid and occupational guidance centres only (though naturally the degree of a voluntary probation officer's co-operation with the abovementioned institutions differs). The respondents of both groups expressed their opinions about the effectiveness of the supervision, its conditions and criteria. In general, views of family courts judges and of volunatry probation officers converged to a high degree, the majority of respondents being of the opinion that nothing but the juvenile's complete and positive participation in the social life and proper performance of due social roles testifies to a successful ending of a supervision. Convergences could also be found. between the judges and the probation officers opinions about the conditions of success vs. failure of supervision. Discussing successful supervisions respondents of both groups stressed the importance of good relations between the probation officer and his probationer, co-operation with the juvenile’s parents, their emotional commitment and readiness to act jointly with the probation officer, the probation officer's competence in getting into emotional contact with the juvenile and his family and to win their confidence. According to the respondents, the most important factors that determine a failure of supervision are: the juvenile's considerable demoralization, influence of the negative peer group, a negative family milieu and a lack of co-operation. with the probation officer on the part of the parents. Therefore, respondents of both groups lay a great emphasis on the importance of emotional relations which should link the three parties involved: the juvenile, his parents, and the voluntary probation officer. The necessity of mutual approval, understanding and respect for each other’s rights, was particularly stressed. Mutual good emotional relations linking the above-mentioned persons seams to be the key issue as far as success or failure of super- vision is concerned. If both the juvenile and his parents have a favourable attitude towards the probation officer and trust him, it will be much easier for him to persuade the juvenile of the necessity of regular learning or changing his conduct, and his parents-of the need for co-operation. Therefore the findings point to the fact that the declared shape of the work of a voluntary probation officer is much better than the actual one. The final part of the questionnaire was devoted to the use of educational measures and obligations of juvenile delinquents and their parents resulting from provisions of the Act of Nov. 26, 1982 on the proceedings in cases concerning minors. The Act introduced new educational measures and obligations of juveniles, as well as the possibility of punishing the juvenile's parents with a fine and notifying their workplaces or social organizations they are members of about their failure in parental obligations whenever this failure is caused by the parents fault. About 60-70 per cent of the judges never applied the newly introduced educational measures nor imposed obligations upon juveniles, although over a half of the judges and 60-70 per cent of the voluntary probation officers are convinced that it was right to introduce these new measures. A part of the respondents however (one-fourth of the judges and one-fifth of the probation officers) express their doubts as to the possibilities of the family court's supervision of performance of the obligation imposed upon juveniles. Very few judges applied disciplinary measures towards the juveniles parents in practice, although about 25 per cent of them express an opinion as to the effectiveness of a fine, and about 18 per cent believe that notifying the parents workplace may bring about satisfactory results. As compared with judges, voluntary probation officers expressed their favourable opinion as to the effectiveness of these measures more frequently (44 and 62 per cent respectively). Because of a relatively short period of binding force of the new provisions (which was about one and a half years at the moment of the study), the problem of application of some of the educational measures and obligations in particular, as well as the judges and probation officers opinion as to their pertinence and the possibilities of supervising their execution should be investigated further.

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2 Archiwum Kryminologii

2 Dziecko krzywdzone. Teoria, badania, praktyka

1 Acta Iuris Stetinensis

1 Journal of Modern Science

1 Bartha A.

1 Klaus W.

1 Marek A.

1 Sitek B. W.

1 Ważny E.

1 Wójcik D.

1 2020

1 2019

1 2018

1 2014