FDDS calls for rejection of project on lowering the age of criminal liability (psychological expertise)

“We are concerned about the content of the draft law amending the Act – Criminal Code and some other laws (Senate Form No. 762), especially with regard to the proposal to change the lower limit of criminal liability when committing certain crimes at the age of 14” – emphasizes the Dajemy Foundation Strength for Children and calls on the Marshal of the Senate of the Republic of Poland, the Committee on Human Rights, the Rule of Law and Petitions of the Senate of the Republic of Poland and the Legislature Committee of the Senate of the Republic of Poland to reject the bill. The FDDS has prepared a special psychological expertise in this matter.

“As far as the legal assessment of the proposed changes is concerned, we share the opinion of the experts of the Krakow Institute of Criminal Law. For our part, as an organization with more than 30 years of experience working with children, we complement the accumulated knowledge resulting from a number of legal advice presented with a psychological perspective. We call on the Marshal of the Senate of the Republic of Poland, the Commission on Human Rights, the Rule of Law and Petitions of the Senate of the Republic of Poland and the Legislative Commission of the Senate of the Republic of Poland to reject and we add an expert opinion regarding the unwarranted nature of the proposed change in the perspective of the developmental psychology of a 14-year-old child and the associated practically zero chance of rehabilitation in the event of incarceration” – we read , including in the FDDS release.

“The proposals violate the laws of modern psychology and rehabilitation, and they move the legal and social system back decades. Juvenile delinquency is a social phenomenon whose determinants must be understood in order to properly respond to and counteract it.” This applies both to the social dimension and to specific cases.Until now, the assumption in the Polish legal system – modern and in accordance with the laws of psychology – has been to exclude juvenile crime from adult crime and focus on applying of appropriate educational and correctional and rehabilitation measures on them “- emphasized.

“So striving to correct irregularities in the process of personality development, conditioned by the biopsychological characteristics of the minor and his personal experiences, as well as social factors related to the functioning of the family, the influence of other important people, in an atmosphere of shaken norms, values ​​and social principles, and the growing influence of the virtual world.Diagnostic and clinical experiences show that juveniles who commit crimes themselves have experienced various forms of abuse, often from early childhood growing up in precarious circumstances, devoid of good behavior patterns. As a result, juvenile offenders are disadvantaged both by adults and by an ineffective care/prevention system. The obvious mistake is to transfer experiences and procedures in working with adult offenders to minors” – was written.

The expertise was prepared by Alicja Budzyńska, who graduated from the Faculty of Psychology at the University of Warsaw and Postgraduate Studies in Family Problems at the Institute of Social Prevention and Rehabilitation of the University of Warsaw. You can read the content here

The draft law amending the law – Criminal Code and some other laws can be found here

(JK, GN)

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