Penal policy of courts towards minor perpetrators of unlawful deprivation of liberty under Art. 189 Penal Code

Justyna Omeljaniuk

Uniwersytet w Białymstoku
https://orcid.org/0000-0002-8206-5304

Abstract

The aim of this article is to answer the following research questions: To what extent do minors commit unlawful deprivation of liberty? Who is the leader in such behaviour? What is the criminal policy of the courts in this regard? To answer these questions, this study uses a research method based on the analysis of statistical data. These were data from the Ministry of Justice for 1999–2020. On their basis, the scale of the studied phenomenon was determined in terms of the number of convictions and the gender of the convicts. The measures most frequently used by courts were also identified. It was established, among other things, that the courts’ penal policy towards the youngest perpetrators of unlawful deprivation of liberty in the examined period was aimed primarily at educating the minor and enabling him to get back on track. Moreover, depending on the type of unlawful deprivation of liberty, the consequences took the form of both isolating and non-isolating educational and correctional measures.

Keywords:

minors, unlawful deprivation of liberty, statistical data, criminal policy