the preamble remains in the draft law on juvenile delinquency proceedings

Parliament’s Justice Committee on Tuesday rejected several amendments to the bill on the support and rehabilitation of minors, including those by KO and Lewica, who sought to remove the preamble referring to Christian values ​​from the draft.

Among the amendments, which also did not receive support and will also be tabled as minority motions, was a proposal to censor the minor’s correspondence by mandatorily – and not by request – to be communicated by the family court.

Nor did the Commission support the amendment that seeks to delete the provision empowering the school principal to require a student who has committed a prohibited act to work for the school. The proposal not to base the sentence on cleaning activities received insufficient support.

“Directors cannot act as a quasi-court” – argued Katarzyna Kotula (left), pointing out that punishment would depend on the likes or dislikes of the directors, of whom “some will be afraid, others will abuse” their powers .

Katarzyna Osos (KO) noted that the project did not describe what the works might entail, the extent to which they could become mandatory and the procedure to be followed.

Deputy Justice Minister Michał Woś replied that it was not a question of taking the minor to court, to the police, but, for example, to punish him for vandalism in a different way, if the director decides that it would be better for the minor . He points out that the obligation to work can be imposed with the consent of the parents and the minor himself.

The draft has a preamble that recognizes the “family as the natural environment for human development”, is based on “the principle of family autonomy and the primary role of parents – mother and father in passing on values, principles and necessary models to minors” . “The Republic of Poland surrounds the family with protection and support in education, which – while respecting the Christian system of values ​​- takes universal ethical principles as its basis” – says the preamble.

According to Elżbieta Gapińska (KO), “the provisions of the preamble are not reflected in the provisions of the law”, and the draft is intended to tighten the penalties and not to strengthen social rehabilitation. Osos added that the preamble violated the principles of a secular state and the equality of religions.

“Writing preambles everywhere is a law error” – said Katarzyna Ueberhan (left), also in her opinion the preamble “has nothing to do with the content of the law.” The preamble is normative, it will force the interpretation of the provisions contained therein “- noted Ueberhan. that parliamentarians of her party are often accused of acting in the name of ideology, while “the only ideology with which we are dealing is the Christian ideology of the only true faith”.

Law and Justice Deputy Daniel Milewski replied that I was afraid that “it is enough to put the word + Christian + everywhere and it will act as a blanket against the bull”. Milewski, chair of the subcommittee dealing with the project, added that it is about universal ethics and respect for the Christian value system.

The opposition deputies who accused the authors of not taking into account the opinion of professionals, especially educators and specialists in social rehabilitation, as well as the excessive restriction of the regulations, replied that “the project is the result of almost five years of work of a team of experts, half of whom are educators”.

According to him, “the current legal status is restrictive”, based on punishments and isolation, which is related to the law’s pedigree dating back to the time of martial law. “We are just finishing this,” he added.

Jacek Kurzępa (PiS) rejected the claim that “the law is aimed at the punitive nature of educational influences, ie punishment”. “This is definitely not the case, it holistically includes the development of minors and minors in a holistic way,” he added.

The draft, which at the time of submission to the Sejm, contained more than 400 articles and more than 420 pages. was developed by the Ministry of Justice. The authors presented the key assumptions of the changes in June last year. The first reading of the bill took place in the Sejm at the end of April, then the subcommittee considered it and on Tuesday the report was considered by the Sejm Judiciary Committee.

Among other things, the project provides that juvenile offenders of the most serious crimes will be sent to penitentiary institutions. It also foresees the introduction of an intermediary model between penal institutions and youth training centers, where the perpetrators of both fairly trivial and more serious acts (currently there are about 4,000 young people). District education centers based on penitentiary facilities will be established across the country.

The proposed regulation defines the minimum age of responsibility for behavior that is contrary to the rule of law or constitutes signs of demoralization at the level of 10 years. According to the opposition, the lower limit should be 13-14 years. Woś replied that “now a six-year-old can be brought to court”, and the draft introduces a free line, which is not present in the current regulations.

The second reading of the bill on the support and rehabilitation of minors will take place in the Sejm on Wednesday.

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