Prawna odpowiedzialność rodziców za zaniedbania wychowawcze (zagadnienia wybrane) ; Selected problems of the parental legal responsibility for the negligence in education

Improper exeercising of parental authority becomes a subject of legal intervention whenever interests of a child are threatened or infringed upon. In that situation there is a competence for intervention actualized in the guardianship mode. In particular cases though, improper excercising of parental authority, including educational obligations can result in a criminal responsibility of parents. Criminal responsibility of parents for negligence in education (upbringing) is not regulated directly in Polish Penal Code (P.C.). Only some forms of depravation of children eg. in the sphere of sexual life, or inducing children to drink heavily, are penalized. There is also a possibility provided of deciding an additional penalty of depravation of parental rights in case of conviction for a crime perpetrated to the detriment of a minor, with minor's cooperation or in circimstances being a demoralizing example for a minor (art. 41 P.C.). The basic regulation of penal law protecting a child against educational negligence is found in art. 105 of Code of Pety Offences. It provides that anyone admitting a minor to commit an act forbidden by law as a crime or petty offence and indicating at demoralization, by means of flagrant breaching of obligations resulting from parental authority is subjected to criminal responsibility for a petty offence. In practice that norm does not play any substantial role. Civil liability of parents for lack of supervision upon a child who caused damage is also possible. The new measures against parents for the improper excercising of educational duties to the child who demonstrates demoralization or perpetrates a penalized act were introduced in the Act of October 26, 1982 of Proceeding in the Cases of Minors. It provides a possibility of obliging parents to redress a damage caused by the minor and of notifying their employers and organizations they are members of if the parents or a guardian permit the childs demoralization in course of their committed non-fullfillment of duties towards the ...