Dziecko w sytuacji przemocy w rodzinie w ujęciu kryminologicznym

The chapter entitled: The criminological aspects of children exposed to violence against family aims to analyse the criminological aspects of violence against family with a particular focus on the position of children. Selected provisions of national and international law ensuring the protection of children from violence were discussed, and in particular the provisions contained in the constitution of the Republic of Poland, criminal law, civil law and the act on counteracting violence against family. Parts of this text have the nature of a dogmatic legal analysis, however, it has been supplemented to include an analysis of case law, statistics and opinion polls.

The author of the text touches upon controversial issues concerning, among others, the constitutional prohibition of corporal punishment and the prohibition of punishment of children introduced into the Family and Guardianship Code, as well as the procedure for removing a child from a family in the event of a direct threat to the child’s life or health from violence to the child by relatives. This procedure in particular raises concerns about constitutionality and excessive interference in parental rights at the administrative level without a prior judicial decision.

The possibilities of a criminal law response to violence against family were discussed, as well as the instruments related to the launch of the „Blue Card” procedure, including in particular those that can be used within the work of Interdisciplinary Teams. The topic of children in a divorced-related conflict, which often generates violent or aggressive behaviour between family members, is also addressed.

The text also describes the different procedural roles that children can play in court proceedings in cases involving the use of violence. This most frequently occurs children in the role of a victim or witness, but children can also be a perpetrator of violence, which justifies the application of the act on juvenile delinquency proceedings and in some situations even the Penal Code.

The text ends with the conclusion that the mechanisms for the legal protection of children against violence in Polish law, both criminal and resulting from the act on counteracting domestic violence, seem to be satisfactory, including in terms of compliance with international standards. However, in many aspects the legal provisions are inconsistent and their application in practice is questionable.