Juvenile Crime in Poland: Consequences for Young Offenders

Juvenile crime in Poland concerns prohibited acts committed by persons below the age at which criminal liability under the rules applicable to adults generally applies. The legal consequences depend primarily on the young person’s age, the type and seriousness of the act, personal development, and the circumstances of the case. Poland uses a separate youth justice framework intended to combine accountability with education, rehabilitation and protection of the minor’s welfare.

For companies, schools, sports organisations and families, understanding minor criminal responsibility matters in cases involving theft, violence, drug offences, cybercrime, sexual offences, bullying or damage to property. A poorly managed response may affect evidence, the rights of the young person, safeguarding obligations and the reputation of the institution involved.

Age of criminal responsibility in Poland

Under Article 10 §1 of the Polish Criminal Code, a person who commits a prohibited act after reaching the age of 17 is generally criminally liable under the rules applicable to adults.[1] This does not mean that every person under 17 faces no legal consequences. The Act on Supporting and Rehabilitation of Juveniles provides for proceedings and measures directed at minors.[2]

The youth justice system distinguishes between:

• demoralisation cases – generally concerning persons aged from 10 to under 18;
• punishable acts – acts prohibited as offences or fiscal offences committed by a person aged from 13 to under 17;
• the execution of juvenile measures after adulthood – educational and treatment measures may, in principle, be executed until the person reaches 21, while a correctional measure may be executed until the person reaches 24, subject to statutory rules.[2]

A punishable act committed by a minor is not automatically treated in the same way as an adult criminal offence. The family court assesses the individual situation, including the minor’s age, maturity, family environment, school situation and prior conduct.

Three exceptions to the general age rule

The general threshold of 17 has important statutory exceptions. These exceptions do not apply automatically. They require a legal assessment of the specific facts, the minor’s development and the aims of the proceedings.

1. Liability from age 15 for specified serious offences. Under Article 10 §2 of the Criminal Code, a person aged at least 15 may, in exceptional circumstances, be tried under the Criminal Code for a closed list of particularly serious crimes. These include, among others, assassination of the President of Poland, certain forms of homicide, causing grievous bodily harm, creating a catastrophe, hijacking, taking a hostage, rape and specified aggravated forms of rape, assault on a public official resulting in serious consequences, and robbery.[1]
2. Liability from age 14 for aggravated homicide. Article 10 §2a permits criminal liability for a person who has reached 14 and committed qualified homicide under Article 148 §2 or §3 of the Criminal Code. This requires that the circumstances of the case, the offender’s degree of development and personal characteristics justify adult criminal liability, and that a correctional measure would not be capable of ensuring rehabilitation.[1]
3. Juvenile measures for an offender aged 17 to under 18. Where a person aged 17 to under 18 commits an offence classified as a występek, the court may apply educational, treatment or correctional measures instead of an adult penalty if the circumstances, degree of development and personal characteristics justify this approach. This follows from Article 10 §4 of the Criminal Code.[1]

Where a minor is tried under Article 10 §2 or §2a, the law provides safeguards. The imposed penalty cannot exceed two-thirds of the statutory upper limit, and an extraordinary aggravation of punishment cannot be applied.[1]

Youth justice measures and consequences for minors

In most cases involving juvenile crime Poland applies measures under the Act on Supporting and Rehabilitation of Juveniles rather than imprisonment. The family court selects measures intended to address the causes of the conduct and reduce the risk of repetition.

Available educational measures include:

• a warning;
• an obligation to apologise, repair damage, perform specified work or comply with behavioural requirements;
• supervision by parents, a probation officer, a youth organisation or another trusted person;
• participation in therapy, educational programmes or other specialist support;
• an obligation to refrain from being in specified environments or places;
• placement in a youth educational centre, youth social therapy centre or district educational centre.

For more serious cases, the court may order a correctional measure, namely placement in a juvenile detention centre. This is the most severe measure in the youth justice system. It is not a routine response and should be used where statutory conditions are met and less restrictive measures are insufficient.[2]

The consequence of a juvenile case can therefore extend beyond the hearing itself. It may affect education, family life, residence arrangements, access to therapy and daily supervision. For institutions, delayed reporting, improper internal investigations or public statements made before facts are established can increase legal and reputational risk.

Procedural rights of a young offender

A minor involved in youth justice proceedings has procedural safeguards. The young person has the right to defence and may be represented by a lawyer. In situations specified by law, defence counsel is mandatory, including where the circumstances hinder the minor’s ability to conduct a defence independently.[2]

Parents or legal guardians usually participate in the proceedings, although their role may be limited where their interests conflict with those of the minor. The court can also obtain evidence from psychologists, educators, probation officers and experts. The legality and reliability of statements obtained without respecting defence rights or the particular vulnerability of a child may be contested.

Practical steps after an allegation involving a minor

After an allegation, the priority is to protect the child, secure relevant information and avoid actions that may compromise the case. Schools and employers should distinguish verified facts from assumptions. Internal communications should be limited to persons who need to know and should not identify the minor without a legal basis.

Useful early steps include:

1. recording the report accurately and preserving messages, recordings or monitoring data lawfully;
2. assessing immediate safeguarding needs;
3. avoiding informal questioning that could influence later testimony;
4. reviewing reporting duties and data protection requirements;
5. obtaining legal assessment before public communication or disciplinary action.

Kopeć & Zaborowski (KKZ) advises on criminal-law risks, crisis management and procedural issues arising from allegations involving minors. This is informational material, not legal advice. The appropriate response depends on the offence alleged, the age of the minor, available evidence and the procedural stage.

Where a minor is suspected of committing a punishable act, it may be important to consult the case with a criminal lawyer at an early stage. Legal assessment can help clarify procedural rights, safeguarding duties and possible next steps without prejudging the facts.

FAQ – Juvenile Crime in Poland

At what age can a minor be criminally liable in Poland?

Criminal liability under the rules applicable to adults generally begins at 17. However, statutory exceptions may permit liability from age 15 for certain serious offences and from age 14 for specified qualified forms of homicide.[1]

Can a child under 13 be prosecuted for a crime in Poland?

A child under 13 is not dealt with as a perpetrator of a punishable act under the juvenile justice rules. However, the family court may examine signs of demoralisation and apply appropriate educational or protective measures where statutory conditions are met.[2]

Can a juvenile be sent to a detention centre?

Yes, but placement in a juvenile detention centre is a correctional measure reserved for cases meeting statutory requirements. The court must consider the seriousness of the conduct, the minor’s circumstances and whether educational measures would be adequate.[2]

Does every theft or fight involving a minor lead to court proceedings?

No. The response depends on the facts, evidence, age, degree of harm, prior behaviour and whether there are signs of demoralisation. Some matters may be addressed through educational measures rather than a correctional measure.

Do parents have to attend juvenile proceedings?

Parents or legal guardians are generally notified and are parties to juvenile proceedings. The court may require their attendance at a hearing or other procedural activity; whether personal attendance is required depends on the court’s directions and the circumstances of the case.

Can a school disclose information about a juvenile offence?

Disclosure requires caution. A school should consider confidentiality, personal data protection, the need to verify allegations and the welfare of all children involved. The lawful scope of disclosure depends on the specific circumstances.

Bibliography

[1] Act of 6 June 1997 – Criminal Code (Kodeks karny), consolidated text: Journal of Laws of 2025, item 383, in particular Articles 10 and 148, available through the Internet System of Legal Acts (ISAP).

[2] Act of 9 June 2022 on Supporting and Rehabilitation of Juveniles (ustawa o wspieraniu i resocjalizacji nieletnich), consolidated text: Journal of Laws of 2024, item 978, as amended, in particular Articles 1, 7, 8 and provisions concerning defence rights, available through the Internet System of Legal Acts (ISAP).

[3] European e-Justice Portal, Rights of minors in court proceedings – Poland, European Commission.