Problem-Solving Justice in Criminal Law in Poland

• Main Author: Stanisław Burdziej
• Format: Article
• Language: English
• Published: Utrecht University School of Law 2019-01-01
• Series: Utrecht Law Review
• Subjects: problem-solving justice; Poland; mediation; alternative dispute resolution
• Online Access: http://www.utrechtlawreview.org/articles/10.18352/ulr.471/

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.