'Age of criminal responsibility - national proceedings' in document 'Poland - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter I
Principles of penal liability

Article 10. § 1. Whoever commits a prohibited act after having attained the age of 17 years shall
be liable under the provisions of this Code.

§ 2. A juvenile, who after attaining the age of 15 years shall commit the prohibited act specified in
the following: Article 134, Article 148. § 1, 2 or 3, Article 156 § 1 or 3, Article 163 § 1 or 3, Article 166,
Article 173 § 1 or 3, Article 197 § 3, Article 252 § 1 or 2 and in Article 280, may be liable under the
provisions specified in this Code, if the circumstances of the case and the mental state of development ofthe perpetrator, his characteristics and personal situation warrant it, and especially when previously
applied educational or corrective measures have proved ineffective.

§ 3. In the case specified in § 2, the penalty imposed may not exceed two-thirds of the statutory
maximum penalty for the offence imputed to the perpetrator; the court may also apply an extraordinary mitigation of punishment.

§ 4. With regard to the perpetrator who commits a prohibited act after having attained 17 years of
age but before having reached the age of 18 years, the court shall, instead of a penalty, adopt
educational, therapeutic, or corrective measures prescribed for juveniles, if the circumstances of the case and the mental state of development of the perpetrator, his characteristics and personal situation warrant
it.