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date: 27 May 2020

Abstract and Keywords

The juvenile justice system in Poland is an example of a paternalistic and welfare approach to juvenile justice. Special, nonpenal responsibility for juveniles applies for those between 13 and 17 years. For younger juveniles, special measures of exclusively educational and care character are possible. Indeterminate measures are child welfare oriented without any justice considerations. This includes the correctional center imposed in cases of most serious misbehavior. Waiver of juvenile jurisdiction is never automatic or mandatory and happens very seldom. Jurisdiction over all juvenile cases have special courts, and juvenile judges enjoy broad discretionary powers. Procedure used in juvenile cases constitutes a mix of criminal and civil procedure. One of the most hotly debated issues constitutes lack of sufficient procedural safeguards enjoyed by adult offenders. Despite this, recent amendments retain basic features of the system, although they also attempt to regulate better procedural guarantees of juveniles.

Keywords: special juvenile responsibility, juvenile jurisdiction, child welfare, justice considerations, procedural safeguards, juvenile measures, judicial discretionary powers

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