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Juvenile Justice in Poland: Its History and Current Development

Juvenile Justice in Poland: Its History and Current Development 305 JUVENILE JUSTICE IN POLAND: ITS HISTORY AND CURRENT DEVELOPMENT ANDRZEJ MAREK Professor of Law, Institute of Criminal Law and Criminology, Nicholas Copernicus University, Torun 1. A Look at the History of Juvenile Protection . Over the long history of mankind the young have often been subjected to dis- crimination and exploitation and their specific rights and needs were not recognized. As recently as the latter part of the nineteenth century, children were tried for their crimes and misdeeds in criminal courts, and often sen- tenced to serve penalties in adult prisons. In the history of juvenile justice, Roman law differentiated the legal status of the young according to age and intellectual capacity. Thus children below the age of seven (infantes) were not held responsible for their misdeeds, whereas the situation of the young in the transition ages of between 7 and 12 for girls, and between 7 and 14 for boys (impuberes) was made dependent upon the awareness of the wrong inflicted. Those who were found capable of understanding the wrong (ut rei intellectum capere possent), were to be punished either under special measures or mitigated punishments, with exclu- sion of serious penalties, in particular capital punishment. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Socialist Law (in 1992 continued as Review of Central and East European Law) Brill

Juvenile Justice in Poland: Its History and Current Development

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Publisher
Brill
Copyright
© 1988 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0165-0300
eISSN
1875-2985
DOI
10.1163/187529888X00211
Publisher site
See Article on Publisher Site

Abstract

305 JUVENILE JUSTICE IN POLAND: ITS HISTORY AND CURRENT DEVELOPMENT ANDRZEJ MAREK Professor of Law, Institute of Criminal Law and Criminology, Nicholas Copernicus University, Torun 1. A Look at the History of Juvenile Protection . Over the long history of mankind the young have often been subjected to dis- crimination and exploitation and their specific rights and needs were not recognized. As recently as the latter part of the nineteenth century, children were tried for their crimes and misdeeds in criminal courts, and often sen- tenced to serve penalties in adult prisons. In the history of juvenile justice, Roman law differentiated the legal status of the young according to age and intellectual capacity. Thus children below the age of seven (infantes) were not held responsible for their misdeeds, whereas the situation of the young in the transition ages of between 7 and 12 for girls, and between 7 and 14 for boys (impuberes) was made dependent upon the awareness of the wrong inflicted. Those who were found capable of understanding the wrong (ut rei intellectum capere possent), were to be punished either under special measures or mitigated punishments, with exclu- sion of serious penalties, in particular capital punishment.

Journal

Review of Socialist Law (in 1992 continued as Review of Central and East European Law) – Brill

Published: Jan 1, 1988

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