STANDARDS FOR THE PROTECTION OF MINORS IN THE LIGHT OF THE LAW OF 28 JULY 2023 – ASSESSMENT OF SELECTED REGULATIONS AND COMMENTS DE LEGE FERENDA (PART 3)

Pursuant to the amendment of July 28, 2023, certain provisions regarding the child’s representative were modified ‒ an institution ensuring legal protection and representation of the interests of minor participants in criminal proceedings. This institution appeared in place of the previous guardian representing the child. The project promoters justified this change by the lack of public awareness of the role and tasks of the above-mentioned function. It should be noted that already at the legislative stage, representatives of the doctrine proposed changing the name to “child’s attorney”. Unfortunately, the demand was not noticed by the legislator. This publication presents an analysis of the adopted solutions regarding the representation of minors in criminal proceedings, however, in order to deepen the considerations, the authors also referred to changes introduced in the Family and Guardianship Code and the Code of Civil Procedure.