Criminal Liability of Minors – When is a Minor Liable for a Crime?

The criminal responsibility of minors is a difficult issue that evokes strong emotions and much controversy within society. There is hardly a week without hearing in the media about a crime committed by a teenager. A fifteen-year-old kills his stepfather. A sixteen-year-old causes a car accident or commits insult or threats via Instagram. A fourteen-year-old beats a classmate. A seventeen-year-old drives a car without a license and while intoxicated. These cases can be multiplied, as they occur for various reasons and under very different factual circumstances. The consequences of such acts depend primarily on the age of the alleged minor perpetrator when the act was committed, as well as a number of other circumstances.

This raises many questions, including when minors are criminally liable and what their liability is for criminal acts. Given the increasing frequency of situations where young people break the law, let’s take a closer look at what repercussions they may face.

Criminal responsibility of children and adolescents – for which crimes can a minor be held accountable and at what age? A minor before a criminal court.

Not every parent realizes the legal responsibility of minors or can predict what might happen to their child if they get into trouble with the law. The general rule is as follows: if on the day of committing the act we are 17 years old, we can be held accountable for any crime (or fiscal crime, offense, or fiscal offense) defined by criminal law (such as theft, fraud, causing an accident, driving under the influence, forgery of documents, possession of drugs, etc.), as well as for any offense. However, a person who commits an offense after turning 17 but before turning 18 may request to be treated as a minor, i.e., with the application of educational, therapeutic, or corrective measures rather than criminal penalties, which provides a significant opportunity for a potential defense attorney to be appointed for the 17-year-old. For this reason, a lawyer assisting a person under the age of 18 should have appropriate knowledge and experience in juvenile criminal cases.

If, on the day of committing the act, we are only 15 years old, we may be criminally liable as an adult (with certain exceptions), but only for specific crimes listed exhaustively in the criminal code, namely:

1. attempt on the life of the President of the Republic of Poland;
2. murder of a human being, including qualified murder (but not murder committed under strong emotional disturbance justified by circumstances);
3. intentional causing of serious bodily harm, as well as causing this harm with fatal consequences;
4. causing an event that threatens the life or health of many people or property on a large scale, as specifically defined in the criminal code;
5. taking control of a vessel or aircraft in the manner and with the consequences specified in the criminal code;
6. causing a disaster in land, water, or air traffic threatening the life or health of many people or property on a large scale, as well as causing such a disaster with fatal consequences or with the effect of serious bodily harm to many people;
7. rape with particular cruelty, or jointly with another person, against a minor under the age of 15 or against a direct ancestor, descendant, adoptive parent, adoptive child, brother, or sister – this applies to acts committed before October 1, 2023, i.e., before the entry into force of the amendment to the criminal code in this regard;
8. rape, rape committed jointly with another person, rape against an ancestor, descendant, adoptive parent, adoptive child, brother or sister, rape using firearms, a knife, or another similarly dangerous weapon or disabling agent, or when committed in another manner directly threatening life, rape of a pregnant woman, rape recorded with image or sound from the act, rape of a minor under 15, or the act of forcing or committing another sexual act with particular cruelty or resulting in serious bodily harm or death – this applies to acts committed after October 1, 2023, i.e., after the amendment to the criminal code in this regard (including the expanded definition of the crime of rape and stricter responsibility for minors);
9. active assault on a public official or a person assisting them in the performance of their duties, resulting in serious bodily harm;
10. taking or holding a hostage to compel a state or local government authority, institution, organization, individual or legal entity, or group to behave in a certain way, also with the variant involving the particular torment of the hostage;
11. robbery, i.e., theft combined with violence against a person or threatening the immediate use of such violence or bringing a person to unconsciousness or defenselessness, including in a qualified variant, e.g., using a firearm.

In the context of the criminal responsibility of minors, it is important to remember that committing one of the crimes listed above by a fifteen- or sixteen-year-old is only a prelude to them potentially being held accountable as an adult (with certain exceptions). It is also necessary for the circumstances of the case and the degree of development of the offender, their characteristics, and personal conditions to justify treating them as an adult.

The mandatory appearance of these factors is significant in relation to how criminal responsibility is shaped for the crimes listed above. Merely committing one of the listed crimes by someone who is 15 years old does not suffice to treat them as an adult offender. In this regard, once again, there is a substantial opportunity for a lawyer to show that this particular 15-year-old (or 16-year-old) should not be treated as an adult offender. Therefore, it is crucial that cases involving minor offenders are handled by a specialist with the proper preparation. As an attorney in Cracow, we specialize in juvenile criminal law, backed by in-depth knowledge and practical experience that allows us to provide comprehensive legal support, including the development of a high-quality defense strategy tailored to the specific situation of our client.

It is also important to remember that a significant change in the provision of the Penal Code regulating the responsibility of minors was introduced by the aforementioned amendment to the Penal Code, which came into force on October 1, 2023. Namely, from this date, a minor may be held responsible like an adult, but only for crimes such as murder with particular cruelty, taking a hostage, rape, robbery, or as a result of motivations that deserve special condemnation, or the use of explosives, or in the case of murder involving more than one victim by a single act, and other cases specified in Article 148 § 3 of the Penal Code. The minor can be held criminally liable after reaching the age of 14 but before reaching the age of 15 (!).

When is a minor held responsible for a crime or offense only before a family court?

Many parents wonder in which situations the responsibility of minors for criminal acts is decided by a family court, rather than a criminal court. A person who has reached the age of 15 (but not yet 17) and has committed a crime other than those listed in points 1 to 11 above, will be held responsible exclusively under the provisions of the Act on the Support and Rehabilitation of Minors (i.e., the former Act on Proceedings in Juvenile Cases). A presumed perpetrator even younger will be held responsible on the same terms, meaning one who has committed a criminal act (crime, fiscal crime, offense, or fiscal offense) after reaching the age of 13 (with a special exception regarding 14-year-olds, which I indicated in the previous paragraph).

What impact does this have on how the crimes or offenses of minors are treated? The difference between criminal liability and liability in juvenile proceedings is drastic. First of all, in the case of applying separate provisions for minors, it is the family court, not the criminal court, that rules on the case. This is not just a change in the name of the institution, but also involves a different nature of proceedings, the application of different procedural provisions, and – ultimately – completely different possible final rulings.

The family court does not impose punishments (such as deprivation of liberty, restriction of freedom, fines, etc.) on minors, but rather corrective, educational, or therapeutic measures, with the priority of the family court being to achieve positive changes in the personality and behavior of the minor perpetrator, and thus to primarily consider the welfare of the child who has behaved unlawfully. For this reason, it is crucial that in cases where we can influence the outcome – particularly in the case of the most serious crimes committed by individuals who were 15 years old at the time of the act – we strive to prevent situations where they would be held accountable like an adult.

It is also worth mentioning that the educational and corrective measures for minors can take various forms. If the child has already been subject to proceedings concerning minors, the case can end relatively leniently (e.g., a warning, a commitment to a specific course of conduct, restitution for damage, participation in psychoeducation, etc.), but on the other hand, it may result in more severe consequences, such as supervision by a court probation officer, placement in a probation center, or, in extreme cases, placement in a youth correctional facility or a regional youth correctional facility, and even placement in a correctional institution.

The role of a minor’s defense lawyer in a criminal case and juvenile proceedings

As I mentioned, an important support in criminal cases and juvenile proceedings is a lawyer with the appropriate expertise. Their knowledge should be broad and encompass the consequences of criminal acts committed by minors (offenses, fiscal offenses, crimes, fiscal crimes) regardless of the nature of the proceedings, as well as the rights that minors have in proceedings against them. It is also essential to be aware of what corrective or educational measures the family court may impose on a minor client and to be able to respond substantively to other questions about how the liability of minors for criminal acts, including crimes, is shaped.

For a child who is held responsible like an adult (with certain exceptions), i.e., who committed a crime (or a fiscal crime, offense, or fiscal offense) after reaching the age of 17, or committed a serious crime specified in the Penal Code after reaching the age of 15 (or exceptionally – the age of 14) and meets the criteria for being held accountable like an adult, a defense lawyer can be appointed, just like for any other perpetrator. In this regard, it is worth referring to another publication by the law firm, in which we explain what family members and friends of the detained person can do.

However, if the teenage perpetrator has committed any crime after reaching the age of 15, other than those mentioned in points 1 to 11 above, or if the teenage perpetrator has committed any crime (or fiscal crime, offense, or fiscal offense) after reaching the age of 13 but before reaching the age of 17 (with the exception of the 14-year-old case I mentioned above), and thus proceedings are taking place before a family court in juvenile matters, one of the minor’s fundamental rights is the right to defense, including the right to assistance from a defense lawyer, who can only be an attorney or – in some cases – a legal advisor. Like all other presumed perpetrators, a minor can appoint a defense lawyer independently, although in practice, due to the necessary expenses, the defense lawyer is usually appointed by the minor’s parents or other close individuals.

SURÓWKA Law Firm also offers professional assistance to minors, both those held responsible as adults and those responsible for criminal acts before the family court. Our practical experience and excellent knowledge in the area of rights of the party in criminal proceedings and juvenile matters allow us to: accurately assess the client’s situation, prepare a high-quality defense strategy, and comprehensively manage the case until its conclusion. In handling juvenile criminal cases and juvenile proceedings, we demonstrate a high level of commitment, ensuring that our clients are regularly informed about the steps being taken and have the certainty that they are being assisted by a trustworthy specialist.

It is worth emphasizing that our expert services in the area of criminal law in Krakow are not the only area of our specialization. As SURÓWKA Law Firm, we also specialize in the following areas:

• business law in Krakow,
• divorce cases in Krakow.

We invite you to contact us.

Also, read:

• How much does hiring a lawyer in a criminal case cost?
• How to check if someone has been detained by the police?
• Drug and stimulant offenses: manufacturing (production), trafficking, distribution, giving to another person, possession, etc. – what penalties and defense strategies?