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Juveniles and criminal law – regulations, proceedings and consequences
A juvenile is a person for whom the law provides a special liability regime connected with demoralization, a punishable act, or the enforcement of educational, therapeutic or corrective measures. In practice, this means that a juvenile case is not always a classic criminal case, even if the conduct resembles an offence committed by an adult.
The key legal act is the Act of 9 June 2022 on the Support and Rehabilitation of Juveniles, commonly referred to as the Juvenile Act [1]. At the same time, provisions of the Criminal Code may also apply, especially Article 10 of the Criminal Code, which defines the limits of criminal liability of juveniles in Poland [2].
Juveniles and criminal law - when a case goes to the family court
As a rule, juvenile cases are heard by the family court. This applies primarily to cases concerning demoralization and cases involving a punishable act. A punishable act is conduct by a juvenile that corresponds to the statutory elements of a crime, a fiscal crime, a petty offence or a fiscal petty offence [1].
In demoralization cases, the Act applies to persons who are at least 10 years old and are not yet adults. In cases involving a punishable act, it applies to persons who committed such an act after turning 13 but before turning 17. As regards the enforcement of imposed measures, the provisions may also remain relevant after reaching adulthood, generally no longer than until the age of 21, unless the law provides otherwise.
For companies, schools, sports organizations and public institutions, it is important to properly distinguish facts from assessments. A mere suspicion that an incident involving a juvenile has occurred does not in itself determine liability. Age, the type of act, the level of development, family situation, previous measures and evidence all matter.
Criminal liability of juveniles - the rule and three exceptions
The rule under Article 10 § 1 of the Criminal Code is that criminal liability applies to a person who commits a prohibited act after turning 17 [2]. Below that age, the mechanisms provided for juveniles are applied in the first place. However, there are three important exceptions to this rule.
1. Liability after turning 15 for the most serious offences
A juvenile who, after turning 15, commits one of the acts listed in Article 10 § 2 of the Criminal Code may be held liable under the rules set out in the Criminal Code. This includes, among others, an attempt on the life of the President of the Republic of Poland, murder, grievous bodily harm, causing a catastrophe, rape in the forms indicated in Article 10 § 2 of the Criminal Code, aggravated assault on a public official, hostage-taking and robbery [2].
This is not automatic. The court assesses the circumstances of the case, the offender's level of development, personal characteristics and circumstances, as well as whether previously applied educational or corrective measures proved ineffective or would be insufficient.
2. Liability after turning 14 for aggravated forms of murder
The second exception concerns a juvenile who, after turning 14 but before turning 15, commits an act under Article 148 § 2 or § 3 of the Criminal Code, meaning aggravated forms of murder. Under Article 10 § 2a of the Criminal Code, such a person may be held criminally liable if this is justified by the circumstances of the case, the offender's level of development, personal characteristics and circumstances, and if there is a reasonable assumption that educational or corrective measures would not be capable of ensuring the juvenile's rehabilitation [2].
This solution applies to extreme cases. It requires a particularly careful analysis of the evidence, expert opinions and the juvenile's personal circumstances.
3. Possibility of applying juvenile measures to a person aged 17-18
The third exception works in the opposite direction. If the offender committed a misdemeanour after turning 17 but before turning 18, the court applies educational, therapeutic or corrective measures provided for juveniles instead of a penalty, if this is justified by the circumstances of the case, the offender's level of development and their personal characteristics and circumstances [2].
In practice, this means that turning 17 does not always lead to a typical criminal sanction.
Juvenile offence - what the proceedings look like
Proceedings in a juvenile case have a different purpose than a classic criminal trial. The focus is on education, rehabilitation and protecting the juvenile's welfare, while also taking into account the interests of the injured party and public safety.
Typical stages include:
- notifying the family court, the Police or another competent authority,
- explanatory activities, including collecting information about the juvenile and their environment,
- possible questioning, an expert opinion or an opinion from a court-appointed specialist advisory team,
- a hearing or session before the family court,
- the imposition of educational, therapeutic or corrective measures.
In more serious cases, especially where Article 10 of the Criminal Code may apply, an analysis from the perspective of criminal law, criminal procedure and juvenile law is necessary. What matters is not only evidence concerning the incident itself, but also school, medical, community and family documentation.
What measures may the family court impose?
The Juvenile Act provides for a broad range of responses. The court may, among other things, issue a warning, order the juvenile to behave in a specific way, establish supervision by parents, a guardian, a social organization or a probation officer, refer the juvenile to a probation center, impose therapeutic measures, or place the juvenile in a youth educational center, a district educational center or a juvenile correctional facility [1].
The choice of measure depends on the facts of the case. A one-off shoplifting incident will be assessed differently from peer violence, cyberbullying, a sexual offence, possession of narcotic substances or participation in an organized group committing prohibited acts.
The consequences may also be significant beyond the proceedings themselves. A case may affect the juvenile's school situation, family relationships, civil liability for damage, the duties of an employer or school, and, in media-sensitive cases, the protection of personal rights and reputation.
Importance for companies, schools and institutions
Cases involving juveniles arise not only in families. They also concern entrepreneurs operating educational facilities, sports clubs, foundations, employers hiring young workers, event organizers and entities facing violent or reputational incidents.
In such situations, it is crucial to secure evidence quickly, communicate lawfully with parents and authorities, protect personal data and avoid public assessments before the facts are clarified. A procedural error may make the proceedings more difficult, expose the entity to claims or deepen a reputational crisis.
A broader discussion of the practical aspects of this topic is available in the publication juveniles and criminal law, prepared from the perspective of criminal and family proceedings.
The role of a defence lawyer and attorney in a juvenile case
Legal support may be needed by the juvenile and their parents, as well as by the injured party, school, employer or institution. The scope of action depends on the procedural role and the risks involved. It includes, among other things, analyzing the notification, preparing a position statement, participating in procedural actions, assessing evidence, contacting authorities and supporting crisis communication.
In cases where there is a risk of criminal liability of juveniles under Article 10 of the Criminal Code, an early assessment of whether the statutory conditions are actually met is essential. Kopeć & Zaborowski Law Firm handles criminal, business crime, reputation and compliance matters where legal analysis must be combined with organizational risk management.
This material is for information purposes only and does not constitute legal advice. In matters concerning juvenile liability, incidents in institutions or reputational risks, it is advisable to commission an individual assessment of the situation by contacting KKZ.
FAQ - Juveniles and criminal law
Can a juvenile be held liable like an adult?
Yes, but only in exceptional cases specified in Article 10 § 2 and § 2a of the Criminal Code. This applies to the most serious offences and requires an assessment of age, development, the circumstances of the act and the effectiveness of measures provided for juveniles.
From what age does the Juvenile Act apply?
In demoralization cases, the Act applies to persons who are at least 10 years old and are not yet adults. In cases involving a punishable act, it applies to persons who committed the act after turning 13 but before turning 17.
Is every act committed by a juvenile a crime?
No. In juvenile cases, the term punishable act is used. It means conduct corresponding to the elements of a crime, fiscal crime, petty offence or fiscal petty offence, but the proceedings usually follow the rules of the Juvenile Act.
What measures may the family court impose?
The court may apply, among other things, a warning, an obligation to behave in a specific way, supervision by parents or a probation officer, referral to a probation center, therapeutic measures, placement in a youth educational center, a district educational center or a juvenile correctional facility.
Does the injured party have rights in a juvenile case?
Yes. The injured party may take actions provided for in the procedure, present their position and evidence, and seek protection of their interests. The scope of rights depends on the type of proceedings and the court's decisions.
Should a school or company report an act committed by a juvenile?
It depends on the type of incident, the entity's legal obligations and safety risks. In serious cases, especially those involving violence, sexual offences, drugs or a threat to life, a prompt analysis of notification obligations is necessary.
Author: adw. Maciej Zaborowski, Managing Partner
E-mail: m.zaborowski@kkz.com.pl
Bibliography
- [1] Act of 9 June 2022 on the Support and Rehabilitation of Juveniles, consolidated text: Journal of Laws 2024, item 978, as amended.
- [2] Act of 6 June 1997 - Criminal Code, consolidated text: Journal of Laws 2025, item 383, as amended, in particular Articles 10 and 148.
- [3] Act of 6 June 1997 - Code of Criminal Procedure, consolidated text: Journal of Laws 2025, item 46, as amended.
- [4] Convention on the Rights of the Child adopted by the United Nations General Assembly on 20 November 1989, Journal of Laws 1991, No. 120, item 526.
