Juvenile Criminal Liability in Poznań — Legal Assistance for Parents
A call from the police or a summons from the family court — for many parents this is one of the most frightening moments imaginable. They do not know what to expect, what consequences their child may face, or whether they need a lawyer. We aim to answer these questions plainly and without unnecessary alarm.
Juvenile cases operate under different rules from adult criminal proceedings. The purpose of the proceedings is not punishment but education and rehabilitation — helping a young person find their way back. That distinction matters and shapes everything about how these cases are handled.
Tel.: +48 531 335 713 | kancelaria@prawnikodrozwodu.pl
Who Is a Juvenile Under Polish Law?
The governing legislation is the Act on the Support and Rehabilitation of Juveniles (ustawa o wspieraniu i resocjalizacji nieletnich) of 9 June 2022 (Journal of Laws 2022, item 1700), in force from 1 September 2022.
In cases of demoralisation — truancy, alcohol or drug use, aggressive behaviour, conduct contrary to the principles of social coexistence — a juvenile is a person aged between 10 and 18.
In cases involving a criminal act — offences such as theft, robbery or causing bodily harm — a juvenile is a person aged between 13 and 17. A child below the age of 13 cannot be held responsible for a criminal act, even if they have objectively committed one.
Measures ordered by the family court may be enforced until the person turns 21 — even if they have reached adulthood in the meantime.
Exception: A person aged 15 to 17 may be tried as an adult before a criminal court for the most serious offences — murder, rape, armed robbery — where the circumstances of the case and the offender’s level of development justify this (Art. 10 § 2 of the Penal Code). In practice this is rare and requires a specific judicial decision.
How Do Proceedings Work?
Juvenile cases are heard by the family and juvenile divisions of the district courts (sądy rejonowe). In Poznań these are the District Courts of Poznań-Stare Miasto, Poznań-Nowe Miasto and Wilda, and Poznań-Grunwald and Jeżyce. Hearings are held in camera — members of the public are excluded.
Investigative stage — the court gathers information about the juvenile, their home environment and the circumstances of the act. A probation officer (kurator) conducts a home assessment, the school provides an opinion, and psychological examinations may be ordered. Initial procedural decisions — such as the application of a temporary measure — can already be made at this stage. Professional legal support from the outset can significantly influence how the whole case develops.
Adjudicative stage — the substantive hearing, at which the court decides what measures to impose. This is the point at which mitigating arguments are presented, alternative measures are proposed and the court is shown the full picture of the juvenile as a person — not just the act, but the young human being behind it.
Enforcement stage — implementation of the measures ordered. If the juvenile demonstrates genuine improvement, an application may be made to vary or lift the measure early. From our experience at the firm, this is a realistic option — and one worth pursuing when the progress is real.
What Measures Can the Court Order?
The court has a wide range of measures available, calibrated to the individual juvenile’s situation.
Rehabilitative measures (Art. 6 of the Act) include primarily: a formal reprimand; an obligation to behave in a specified way — such as making reparation, apologising, undergoing therapy; parental supervision or supervision by a court-appointed probation officer; referral to a probation centre; and, in more serious cases, placement in a youth educational centre (młodzieżowy ośrodek wychowawczy) or professional foster care.
Medical measures (Art. 12 of the Act) are applied where the juvenile requires psychiatric treatment or addiction therapy.
Placement in a correctional facility (zakład poprawczy) (Art. 15 of the Act) is a measure of last resort — used for serious criminal acts, a high degree of demoralisation and where other measures offer no realistic prospect of improvement. In practice, Poznań courts use this measure rarely — the great majority of cases end with probationary measures that do not involve separation from the family.
Courts in Poznań are increasingly willing to use mediation — bringing the juvenile face to face with the victim, reaching agreement on reparation and concluding the case without a formal court order. Where this is possible, it is worth pursuing.
Should You Have a Lawyer?
In certain situations a defence lawyer is mandatory — where the juvenile is charged with an offence carrying a maximum sentence of more than three years’ imprisonment, where they are held in a juvenile detention facility, where there are doubts about their mental capacity, or where the court considers representation necessary given the circumstances of the case (Art. 38 of the Act).
Even where legal representation is not compulsory, it is worth considering carefully. Juvenile proceedings are not a formality — their outcome can shape the next several years of a young person’s life.
A lawyer prepares the juvenile for examination and for the hearing — knowing how to behave, what to pay attention to, what to expect. They help gather documents that present the juvenile in a full and rounded light: school reports, certificates from extracurricular activities, teachers’ and coaches’ assessments. They know which arguments resonate with the judges in Poznań’s family divisions and how to make the case for a less restrictive measure. They also ensure that the juvenile’s rights are observed at every stage — because a young person rarely knows when and how to assert them.
Parental Liability
Parents may face financial consequences arising from their child’s conduct. The court may order them to make good the damage caused by the juvenile (Art. 54 of the Act). Separately, the civil liability of parents for damage caused by a child arises under Arts. 426–427 of the Civil Code. Courts in Poznań are also increasingly requiring parents to participate in family therapy or parenting programmes.
Preparing for Your First Consultation
The first consultation costs 400 PLN and lasts 60–90 minutes. Come with whatever you have — the summons from the court or the police, information about what the case concerns and what has happened so far. If your child has previously had contact with the family court, mention this.
It also helps to bring documents that present your child in a positive light: their most recent school report, certificates from sports, arts or volunteering activities — anything that shows the court that there is a specific young person here, with interests and commitments, and not just a name on a charge sheet.
We will tell you plainly what to expect, what the possible outcomes are and what can be done to give the case the best chance of a good result. The earlier we start working together, the more options we have available.
Frequently Asked Questions
Can a juvenile go to prison? No. The most severe measure available is placement in a correctional facility, which is fundamentally different from an adult prison — the emphasis is on education and rehabilitation, not punishment. The great majority of cases end with probation officer supervision or other measures that do not involve removal from the family.
How long do proceedings take in Poznań? Straightforward cases — a first offence with a positive probation officer’s report — typically take two to four months. Cases requiring expert opinions or involving more serious allegations take six to twelve months. A psychological assessment from the Court Expert Assessment Team (OZSS) typically takes two to four months to complete.
Can the measures imposed be changed? Yes. Where the juvenile demonstrates genuine improvement — good school performance, no further incidents, engagement with therapy — an application may be made to vary or lift the measure early (Art. 7 of the Act). We assist with drafting such applications and gathering the evidence needed to support them.
Can a juvenile be tried as an adult? In exceptional cases, yes — a person aged 15 to 17 may face criminal proceedings as an adult for the most serious offences (Art. 10 § 2 of the Penal Code). This is rare and requires a specific judicial decision based on an assessment of the offender’s maturity and the circumstances of the case.
Contact Us
We practise in Poznań and across Greater Poland. The earlier we start working together, the more we can do — so do not delay in getting in touch.
Kancelaria Prawa Rodzinnego Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca Prawny Joanna Jędrzejewska
ul. Mickiewicza 18a/3, 60-834 Poznań Tel.: +48 531 335 713 kancelaria@prawnikodrozwodu.pl | prawnikodrozwodu.pl
Office hours: Monday–Friday, 9:00–16:00 Consultations in person and online. First consultation: 400 PLN.
This page is for general informational purposes only and does not constitute legal advice. Legal information current as of January 2026.