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Obraz przestępczości nieletnich w Polsce w badaniach kryminologicznych – przed i po transformacji

100%
Rzeplińska I.
Archiwum Kryminologii
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2006
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issue XXVIII
331-343
EN
Patterns of offences committed by youth aged 13–16: in contemporary Poland and fifteen years earlier – in the 1980s. The limit is 1989, a year when major social and political changes in Poland begun. What was different and what was similar in offences between these two groups of youth.
2
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Europejskie reguły wykonywania sankcji i środków orzeczonych wobec nieletnich sprawców czynów karalnych

100%
Dünkel F., Baechtold A., Van Zyl-Smit D.
Archiwum Kryminologii
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2009
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issue XXXI
35-60
3
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Odpowiedzialność nieletnich za czyny z art. 10 § 2 k.k. przed sądem rodzinnym i przed sądem karnym

88%
Czarnecka-Dzialuk B., Drapała K., Więcek-Durańska A.
Archiwum Kryminologii
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2012
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issue XXXIV
275-365
EN
The article describes results of research made in Instytut Wymiaru Sprawiedliwości (Institute of Justice) which aimed to specify factors and circumstances influencing tougher penalties for wrongful deeds committed by persons between 15 and 16 years old and to draft a profile of juvenile perpetrators of most dangerous criminal deeds. 292 cases were analysed, of which 71 in criminal courts and 221 in family courts . Cases concerned wrongful deeds under article 10 paragraph 3 of criminal code as of 2004-2008. 375 juvenile perpetrators were studied, of which 134 cases were judged in care and education proceedings, 114 cases in correctional proceedings, and 82 juvenile delinquents were tried in a criminal court. The file research questionnaire included seven parts to examine: the wrongful deed and circumstances of its commitment, characteristics of the juvenile delinquent, information about the injured persons, the course of the preparatory proceedings, proceedings before the court, and the sentenced measures and appeal against them. Information obtained from the research allowed for numerous conclusions. Most of all, it allowed to evaluate the practice of sentencing in cases of juvenile perpetrators of most serious crimes, in particular to evaluate the possibility to sentence the juvenile delinquent under article 10 paragraph 2 of the criminal code. In general, this evaluation is positive. It also appeared that the policy of exceptional penal measures for under age persons has remained the same in the recent years. The cases are not numerous, just as they were not in the past, which supports the idea that possibility of bringing juvenile delinquents to the criminal court is used rather cautiously and as an exception to the rule, in cases of the most drastic character and committed by more demoralized young persons who committed crimes under influence of alcohol, used violence, and dangerous tools. The juvenile who were tried in criminal courts, more often than ones who were tried in family courts, cooperated with adults and acted to the detriment of adults (they caused death of the victim in one fifth of cases ). More of them had been tried in family courts, and educational or correctional measures had failed. In 95% of the cases tried in crim-inal courts the researchers were convinced of the rightness of such method of treatment, and only in few cases tried in family courts there were doubts if not using the article 10 paragraph 2 of criminal code was right because of definitely negative prediction and serious character of the wrongful deed. Assessment if decision was right was difficult as information in the court files were laconic and sporadically even lacked sufficient personal information – particularly in cases qualified for care and education proceedings.
4
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Nieletni sprawcy przestępstw popełnionych pod wpływem alkoholu

75%
Krawczyk J.
Archiwum Kryminologii
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1992
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issue XVIII
183-211
EN
For many years now, excessive drinking has been among the main symptoms of social pathology in Poland. Also the fact is beyond any doubt that  drinking is strongly related to crime: it is ussually found in over a half of offences known to the police committed by adults. The problem of drinking also plays an important part in the process of juvenile demoralization and delinquency. This fact was noticed by the legislator who, in the Act of October 26, 1982 on proceedings in cases of juveniles, situated drinking among the symptoms of demoralization. Among the juveniles found quality of offences, the proportion of those who drink alcohol is quite large, the offenders’ actual age considered. In recent  years, that proportion has been over 11,0% of all juvenile delinquents. There are also among the juveniles found quality of offences those who committed acts  prohibited by law while under the influence of alcohol. In recent years, the proportion of, such juveniles has been over 5,0% and, shows an upward trend. There is among the excessively drinking juvenile delinquents a decided majority of boys, whose proportion has always been over 91,0% in the last 20 years. The paper reports on a national empirical study of two groups of boys born in 1959. The first group consisted of 100 respondents who committed as juveniles at least one offence while under the influence of alcohol. The other group which also consisted of 100 persons (the control group) were boys selected from among the juveniles delinquents who committed offences but did not drink any alcohol before that act. The source of data on the two groups of respondents were: court files; records of implementation of the educational or corrective measures applied by the court, files of criminal cases for offences committed by those persons as adults; questionnaires sent out to sobering-up stations; as well as standarized interviews with the respondents themselves. The study has shown a number of differences between juveniles who commit offences under the influence of alcohol and the remaining juvenile delinquents. The main such differences are as follows: Different types of delinquency in the broad sense: ‒ offences committed under the influence of alcohol were frequently not the first offences of the examined juveniles (44,0% of cases, as compared to 7,0% in the control group); ‒ such offences were usually committed at the age of 15‒16 (93,0%), that is rather late in the juvenile’s career, at the threshold of statutory age: ‒ the offences committed by the first group were decidedly more aggressive and dangerous for the life and health of their victims than those committed by the control group; ‒ nearly 50,0% of the offences committed under the influence of alcohol were commitied in the streets (control group ‒ 39,3%); ‒ the juveniles who committed offences under the influence of alcohol were acting alone nearly 30 times more often than the remaining juvenile deliquents. In the case of boys who committed offences under the influence of alcohol, their state of health, family situation, and ‒ consequently ‒ also scholastic achievements were inferior to those in the control group: ‒ as few as 67,0% of boys in the first group were brought up in complete families (control group ‒ 82,0%); what is more, in 52,3% of those families disturbed functioning was found which was due to: alcoholism, excessive drinking, serious chronic diseases, disablement, mental disorders, delinquency or prostitution of one or both parents; thus as few as about one-third of the families of juveniles who committed offences under the influence of alcohol were fully efficient educational milieu; ‒ 69,0% of the boys who committed offences under the influence of alcohol were educationally neglected by their parents (control group ‒ 53,0%); ‒ 44,0% of the boys who commiited offences under the influence of alcohol (as compared to 25,0% in the control group) had as children suffered from serious diseases that affected their psycho-physical development, organic lesions or diseases of the central nervous system, or slight or minor degrees of mental deficiency; ‒ 7,0% of the boys who committed offences under the influence of alcohol did not go to school despite the fact that education is compulsory at their age (control group – 2%), and 58,0% (70,7% of those who did go to school) were educationally retarded by one to four years (control group – 51,0% that is 52,6% of the school-goers); The degree of social maladjustment was much higher in the boys who committed offences under the influence of alcohol: ‒ nearly a half of juveniles in that group were recidivists (44,0%, as compared to as few as 7,0% in the control group); ‒ 65,0% of the boys who drank (that is, by about one-third more than  among all juvenile delinqents) were cigarette smokers, and had started smoking long before their first contacts with alcohol; ‒ although the number of juveniles who ran away from home was similar in both groups, those who committed offences under the influence of alcohol did that more often and frequently drank alcohol while vagrant; ‒ 85,0% of boys in the first group (by about 20,0% more than among all juvenile delinquents) used to run the streets unsupervised, 79,0% with demoralized friends: ‒ as few as 5,0% of juveniles who committed offences under the infleunce of alcohol showed no symptoms of social maladjustment, other than those offences (23,0% among all juvenile delinquents), and at least three such symptoms were found in 69,0% (45,0% among all juvenile delinquents). In sum, the group of boys who had committed offences under the influence of alcohol in childhood was in many respects „worse'', and frequently much „worse'' than the control group selected from among all juvenile delinquents. Such boys would prove worse still were they compared with a representative sample of all Poles born in 1959. The facts discussed above prove the truth of the statement that juveniles who commit offences under the influences of alcohol are a high risk group compared to properly socialized young persons. They should therefore be submitted to special care by the competent agencies, including in particular family courts; however, no evidence of such care could be found in the study.
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