Age Limits of Criminal Liability of a Minor Under the 1997 Penal Code

Abstract

The subject of this study is the issue of age as a threshold for the criminal liability of minors in Polish criminal law. The considerations include a historical part concerning the evolution of criminal liability and a contemporary part containing an analysis of the currently applicable legal provisions. They are supplemented by remarks on proposals for amendments to Article 10 §§ 2–3 of the Penal Code put forward by the Criminal Law Codification Commission. Particular attention is devoted to considerations concerning the amendment of Article 10 of the Penal Code, as a result of which Article 10 § 2a of the Penal Code was added, enabling criminal liability to be imposed on 14-year-olds. The article presents arguments supporting the legitimacy of the changes introduced, as well as critical views on this regulation. The aim of the analysis is to determine whether the changes introduced as a result of the 2022 amendment to the Penal Code should be assessed positively. The considerations presented in the study allow for the formulation of the thesis that the criminal liability of 14-year-old perpetrators of the most serious crimes is unjustified and that a change in this matter is necessary. The isolation of such a young offender in a penal institution does not support their rehabilitation and social integration.