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The study is an attempt to assess the normative and practical effects of the act on dealing with people with mental disorders posing a threat to the life, health or sexual freedom of other people, commonly known as the Beasts Act. The author criticizes the act in question, pointing to the illusory nature of the implementation of the legislator’s assumptions and the threats resulting from improper judicial practice related to the deprivation of liberty of persons who have not committed a new crime. The study contains a proposal of solutions desired in the existing situation and de lege ferenda conclusions.

By the judgment of December 16, 2020 in the case file ref. act SK 26/16 The Constitutional Tribunal ruled on the compliance of Art. 106a of the Penal Code with the Constitution of the Republic of Poland. At the same time, the adjudication panel noticed the shortcomings of Art. 106a of the Penal Code and addressed the Sejm with a signal that it was necessary to consider an appropriate modification of the aforementioned provision. The author analyzes the issued judgment and the content of the provision under evaluation, placing particular emphasis on the inconsistency of the legal system and the effects of stigmatizing the perpetrator and obstacles to his rehabilitation. The postulate that the political and criminal goals related to the protection of children’s rights should be achieved by other means, while observing the principle of proportionality and individualisation of the consequences of a conviction.

The article presents mediation proceedings applied in juvenile court cases in Poland. Presently, excessive formalization is observed in social control over youth displaying symptoms of demoralization. Despite legal possibilities, family courts rarely apply mediation proceedings. The number of cases referred to mediation proceedings suggests that judges are still not fully convinced of the validity of restorative justice. According to the author, mediation in juvenile court cases has great signifi cance for education and resocialization, and therefore it should be used more often.