Pojęcie niedostosowania społecznego a polski model postępowania z nieletnimi

Abstract

From a legal point of view, preventing and combating demoralization and juvenile delinquency involves three phases: the law making process, the overall application of the law, and then the enforcement of rulings. A diligent approach in each of these phases, as emphasized in the doctrine and literature, requires “extensive pedagogical, psychological, and sociological knowledge of children in general, as well as deep and comprehensive knowledge of the specific minor.” A deeper inquiry shows how complex and multifaceted this matter is. It must be made clear that it is not possible to “escape” from the problems comprised in the concept of social maladjustment. As part of the conclusion, I want to point out the key issues that must be taken into account in the context of the changes in the Polish model of dealing with minors.

An interpretation of the issues comprised in the concept of social maladjustment that helps deal with minors cannot be carried out by looking for or developing a universal definition. It is also impossible for every judge to do this when handling a particular case. Nevertheless, the adoption of the concept of demoralization, the essence of which is not adequate to the psycho-physical construction, the actual state, and the needs of children and adolescents, should be regarded as unfortunate.

One may be tempted to frame the whole matter as a unified concept. However, it should not serve as a criterion that determines the conduct of proceedings (as demoralization currently does), but rather as a collective concept that captures the meaning and nature of the measures taken in relation to minors.

There is a need for elaborate legal constructs that would provide a basis for appropriate intervention with minors. These constructs must take into account the key issues that arise from an analysis of the concept of social maladjustment or its synonyms. This is important both as part of the legislative process and in the proper interpretation and practical use of the adopted regulations. As emphasized in the doctrine, this matter is now largely implemented.

The material scope of dealing with minors has been expanded to include issues and problems associated with many fields of science. It is easy to make a methodological mistake by using similar terms in the literature and the doctrine without inquiring into their essence. This entails not only terminological disorder, but also disorder in the definition of their content. On the other hand, a deeper analysis shows that there is no need to determine the mutual relations between the different approaches.

Taking the specific characteristics of minors into account, it should be borne in mind that the same behaviours, depending on their underpinning psychological mechanisms, can take on a different meaning. Therefore, the problem partly includes the need to change the way minors are viewed and treated. It requires considering a number of factors and processes taking place in a person, who, as he or she goes through the stages of development, undergoes constant changes. Such an analysis goes beyond the science of criminal law. What matters in this case is not the objective fact itself, but the significance it has for the minor, with his or her unique psycho-physical construction, level of development, and environmental conditions.

One must take into account the fact that new types of risks are emerging in the changing environment. Capturing and assessing their manifestations can sometimes be difficult even for properly qualified and experienced people (e.g., psychologists, psychiatrists, and educators). This is why it is so important to generally define the ratio legis of the entire law and the legally protected interest. This may help to frame the various legal

constructs.

The scale and characteristics of the phenomena that involve pathological behaviour of children and adolescents make it clear that it is necessary to address these issues within the framework of criminal law. In doing so, it should be borne in mind that it is necessary to precisely formulate and interpret the general and abstract norms that are to help solve specific cases. However, not all issues associated with the concept of social maladjustment or other related concepts can be approached in this way. Sometimes this can be done by drawing the boundaries within which one should operate. As was the case when developing the current model for dealing with minors, opinions formulated in other fields of science should play a significant role in the further development of the approach.