Status procesowy rodziców i opiekunów w postępowaniu w sprawach nieletnich
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Date
1985
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Wydział Prawa i Administracji UAM
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Judicial status of parents and guardians in proceedings in cases of juveniles
Abstract
The 1928 law of criminal procedure previously regulating proceedings in cases
of juveniles did not clearly define the judicial status of parents and guardians in
that proceedings. The scope of rights of those persons was considered to be narrow.
They were supposed to be summoned before a court, provided that the service
of the documents was not creating particular difficulties. Yet, the court was entitled
to demand the obligatory appearance at the hearing, in case of evading that
obligation coercive measures provided for witnesses were applied. At the trial,
those persons wese vested with the right to make statements and motions. The
new act of Oct, 26, 1982 bestowed those persons with the status of litigant parties
and extended their rights in a considerable way. The rights of parents and guardians
as parties in litigation are autonomous, resulting from the fact of a defined
consanguinity or from excercising a guardianship upon a juvenile, established
judicially or existing factually. They are not resulting from the statutory representation
of a juvenile. Parents and guardians as the litigant parties act in their
own name and not in the name of a juvenile, they do not also have to act on
his behalf although they usually do so, the results of their acts do not have to
concern a juvenile, as parents and guardians can act in the proceedings in their
own favor. It is a different question that usually there is a commutation observed
m the roles of a litigant party and a statutory representative of a juvenile whose
case is under trial.Applying new judicial provisions is not simple though, as the judicial status
of parents and guardiand as the litigant parties is presently determined by the
three normative acts. Apart of the mentioned act of 1982 on proceedings in cases
of juveniles the regulations provided in Codes of Civil and Criminal Procedure
has also to be applied. Provisions of civil law procedure of nonlitigious mode are
employed in case of examination and clarification proceedings, in guardian's and
educational proceedings, in cases of applying medical and educational measures
and partly in appeal proceedings. But if the evidence taking acts are performed
by the Citizens' Militia provisions of Code of Criminal Procedure must be applied
then, irrespectively of the stage and mode of the proceedings. Provisions of that
Code also apply in reformatory proceedings and partly in appeal proceedings if
the decision of reformatory measure is being appealed against or if the appeal
demands applying that measure, as well as in criminal proceedings when it is
conducted against a juvenile on exceptional bases in cases defined in the act.
The detailed discussion of the scope of rights and obligations of parents and
guardians in the proceedings in cases of juveniles as well as various complexities
observed in the new regulation can be found in the published article. The author
discusses, among the other things, the acceptable direction of parents' and guardians'
acts in the proceedings in cases of juveniles, concurrence with the status
of injured party, measures to be applied directly to the parents as eg. imposition
of a duty to redress the damage, caused by a juvenile, burdening with costs of
the proceedings, etc
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 3, s. 23-42