Reakcja na niepożądane zachowania małoletnich (zagadnienia podstawowe)

Abstract

The article by Gaberle attempts to present the ways of reacting to the behaviour of minors according to the concepts developed by the legal and guardianship system. The author comments on and explains the differences and common assumptions of the concepts forreacting to the socially undesirable behaviour of minors by means of a system conventionally referred to as juridical and protective. Gaberle believes that due to the changing history and social views on the treatment of persons who commit crimes but are not considered adults by the law, the ways of reacting to their misdemeanours have also changed. The author tries to argue in favour of the correct concept by weighing up the pros and cons of the state’s use of the guardianship and jury systems. He also draws attention to the expediency of both systems through the simultaneous use of legal measures and non-legal ones.The text analyses the legal definition of a minor. It questions the legitimacy of resorting to legal and penal measures with regard to people who are not legally considered adults due to their incomplete ability to rationally assess the consequences of their own behaviour. According to the author, the reality imposed by legal definitions does not take into account the real circumstances in which the minor finds himself or herself, namely his or her biological and psychological development. The article presents arguments in favour of the state’s choice of a guardianship system over the behaviour of a minor who has committed a criminal act. According to the author, this system is more strongly supported by the sociological sciences and is the basis of the tradition of Polish legal regulations on minors. The choice of the guardianship system should not be seen as more lenient than the juridical system. Both have the same goal: to save the minor from going completely astray from the path of socialisation and eventually entering a life of crime.The measures applied within the framework of the guardianship system may be equally severe, but they should not be considered on par with a punitive sanction. The institutions which minors encounter in the care system should have trained staff using the resources with which it has been equipped by the state, including legal means.