Problem-Solving Justice in Criminal Law in Poland

13 Pages Posted: 14 Feb 2019

Date Written: January 29, 2019

Abstract

The problem-solving approach is not explicitly present in the Polish justice system. Various provisions required to implement it are dispersed throughout the system of law, but they are heavily underused and do not form a comprehensive system. To date, there have been virtually no efforts to concentrate resources, develop cross-sectoral partnerships and provide solutions tailored to special groups of court users; features that are hallmarks of problem-solving justice in other jurisdictions. Low and decreasing levels of crime remove pressure from legislators to seek innovative solutions. Somewhat paradoxically, given the decline of crime, the current government has been pursuing a rather restrictive sentencing policy. Nevertheless, recent reforms – of the Criminal Code in 2015, and a new 2016 law on alternative dispute resolution – promise to finally boost mediation and other problem-solving measures.

Keywords: problem-solving justice, Poland, mediation, alternative dispute resolution  

Suggested Citation

Burdziej, Stanislaw, Problem-Solving Justice in Criminal Law in Poland (January 29, 2019). Utrecht Law Review, Vol. 14, No. 3, p. 77-89, December 2018, Available at SSRN: https://ssrn.com/abstract=3334454

Stanislaw Burdziej (Contact Author)

Nicolaus Copernicus University ( email )

Fosa Staromiejska 1a
Torun, 87-100
Poland

18 References

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