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Przestępstwa przeciwko ludności i mieniu w kodeksie karnym Wojska Polskiego z 1944 roku

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Arndt M.
Z Dziejów Prawa
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2012
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vol. 5(13)
253-264
EN
The regulations protecting civil population against abuse on the part of the soldiers started to appear in view of the military art development observed at the beginning of the 20th century, and a change of conducting military conflicts in criminal legislation of particular countries. Protection of civil population against the effects of the war was the issue particularly important in the light of the World War II. After its end, many norms of an international law making an effort to meet this problem were created. Regulations predicting criminal responsibility of the soldiers for crimes against popula- tion and property (war crimes) also appeared in the post-war military criminal law. They were included into the Criminal Code of Polish Army from 1944 making its chapter XXV. Being a combination of solutions functioning on the basis of the military criminal code from 1932 and Soviet patterns, the regulations of chapter XXV were biding until the criminal code of the People’s Republic of Poland from 1969 was put into effort.
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Postępowanie doraźne a problem niezawisłości sędziów i niezależności sądów

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Watoła A.
Z Dziejów Prawa
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2012
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vol. 5(13)
265-275
EN
Many changes in pre-war regulations allowing the communists to use them under new socio-political circumstances were made in the first years of the People’s Republic of Poland. A decree from March 19 1928 was replaced with a decree from November 16 1945 on a sum- mary proceeding (Dz.U. nr 53, poz. 301). The “defectiveness” of the realization of the aims of the criminal politics of a summary judiciary caused a situation in which the ministry of justice considered releasing circulars reminding the courts of the aims underpinning an introduction of the summary procedure as appropriate as early as before the amendment of the decree proceed- ing from 1946. Top-down, the attempts were made to influence judge verdicts who were to be theoretically limited by only the regulations of the act. The amendment of the decree of a sum- mary proceeding from 1949, the chance to appeal to sentences made by a prosecutor was elimi- nated. After a breakthrough in October 1956, the ministry committee investigating the reflexes of legal violation in the Stalin period, evaluated one-instance of the summary procedure as being “far from the ideal of legality”. The regulations of the decree from November 16 1945 on sum- mary proceedings with later changes did not influence the obedience to the principle of court and judge independence in the People’s Republic of Poland. A negative influence brought a practical application of the decree on summary proceedings or, rather, yet another example of avoiding its resolutions by the communist authorities. A common summary judiciary managed not to be involved into the mechanism of infringement. The very procedure, however, was to be fully used in front of the military courts where the court and judge independence were just empty slogans.
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Orzecznictwo karno-administracyjne w walce z alkoholizmem w okresie gomułkowskim

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Łysko M.
Z Dziejów Prawa
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2011
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vol. 4(12)
249-281
EN
The problem of alcoholism in a postwar Poland constituted a consequence of society demor- alization, caused by years of occupation and negligence of the communist authorities within the scope of an educational work with young people. Alcoholism grew into a social problem after taking over the power by Władysław Gomułka in 1956, who conducted an anti-alcohol campaign mainly by means of repressive methods. A criminal-administrative adjudication played an im- portant role in the policy of fighting with alcoholism. Hence, the anti-alcohol acts in the second half of the 1950s predicted strict penalties of arrest and fine for crimes committed under the in- fluence of the alcohol. A repression of the offenders of this type of crimes was tightly connected with an anti-hooligan campaign initiated by the authorities as the predominating majority of hooligan crimes lied in alcohol abuse. That is why the notion of an alcohol-hooligan offence was created for the use of the practices of a criminal-administrative adjudication, treating the state of intoxication as circumstances deciding upon a hooligan nature of the crime. As a result, the cases concerning crimes from the anti-alcohol act were dealt with in summarily, specially introduced in order to punish the hooligans severely. The hooligans were among others persons addicted to alcohol, arrested for a maximum period of time alcohol or given high fines in exchange for substitute custody. In relation to alcohol addicts custody practically played a role of a means of a solitary nature, the usage of which served the purpose of hiding lacks in a detoxification treat- ment of people addicted to alcohol. A criminal-administrative adjudication also served a repres- sion of people belonging to the so called social margin as the law did not predict the punishment for pathological cases such as prostitution, begging or vagrancy. Criminal-administrative bod- ies, on the basis of the construction of an alcohol-hooligan offence, inflicted the punishment of the main and substitute custody on people having no permanent place of residence and regular incomes. A criminal-administrative repression was used in a wide range by Gomułka’s authori- ties instead of making an attempt to prevent such social problems as drunkenness, prostitution, vagrancy or begging.
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Członkowie Zrzeszenia „Wolność i Niezawisłość” przed Wojskowym Sądem Rejonowym w Rzeszowie Zarys problemu

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Leniart E.
Z Dziejów Prawa
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2012
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vol. 5(13)
277-293
EN
The article brings the verdict of the District Military Court in Rzeszów to people accused of committing offences against the state from 86 article of the criminal code of the Polish Army closer, namely, an attempt to change the system of the country or remove the organs of the au- thority violently. The very court claimed that proving any connection to the WiN association, including casual social contacts with the association members, was the basis for ascribing the crime to them from the 86 article of the criminal code of the Polish Army and the guilty verdict. The court did not take into account the fact that the activity of some convicts was not connected with the aim to use violence, and proved organizational activity was limited to reading WiN press or taking part in organizational meetings. Strict verdicts of people who were proven even casual contacts with the WiN organization, seem to prove that the court used 86 article of the criminal code of the Polish Army to eliminate political opponents from the society.
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Wojskowe sądy rejonowe (1946—1955) Powstanie, struktura, sędziowie

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Paszek M.
Z Dziejów Prawa
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2012
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vol. 5(13)
293-322
EN
District Military Courts (DMC) were erected on the basis of a secret organizational com- mand no 023, issued by the Ministry of National Defense on January 20, 1946. The prototype of the DMC were the Soviet tribunals of the People’s Office for Interior Services. The subjective quality of the DMC covered the officers of the public security, the Citizen’s Militia officers, The Internal Security Corps soldiers, and officers of the prison service. The DMC was also used to adjudicate in cases of civilians accused of political crimes, which makes the DMC a repression organ against the opponents of the communist authority. The structure of courts and organization of work was based on the official subordination typical of a military unit. District military courts were under the control of managers having an administrative supervision over the activity of the court, and professional one over all workers of the court. The content duties belonged to judges. The Polish Committee of National Liberation Decree from September 23, 1944 — The law of the system of military courts and military prosecutors did not provide any demanding require- ments to the candidates for judges. The basic criterion of the choice of the personnel was political qualifications, not education. The very phenomenon was especially visible starting from 1948 when pre-war lawyers were exempted from the service of justice. The judges who the communist authority did not trust, were replaced by the staff educated in the People’s Republic of Poland. A chain of military courts was closed in line with enacting an act from April 5, 1955 on transposing the quality of military courts in terms of criminal cases of civil citizens, officers of the organs of the public security, the Citizen’s Militia and prison service on common courts (Dz.U. nr 15, poz. 83).
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Problem niezawisłości w świetle kadr Sądu Najwyższego i Najwyższego Sądu Wojskowego w początkach Polski Ludowej

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Watoła A.
Z Dziejów Prawa
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2011
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vol. 4(12)
235-248
EN
The process of the choice of the right staff by new authorities also covered the judiciary. In the case of the Supreme Court the authorities faced the necessity to employ the prewar judges at the beginning of its existence. During preparations to complete the judicial staff, the method and conditions of nominations to the position of a judge of the Supreme Court changed (one of the conditions of being employed as a judge of the Supreme Court was the acceptance of politi- cal changes in the country). A decree from 14 March 1945 on the change of law concerning the system of the court of general jurisdiction abolished the already existing ban on judges’ affili- ation with political parties. Aiming at dividing the judicial environment of the Supreme Court, a campaign aiming at embarrassing some of the judges was conducted, which ended with retire- ment or self-criticism. Staff problems the communist authorities struggled with gathering the composition of the Supreme Court did not appear at the level of the Supreme Military Court. Any vacancies in personal staffing of the bodies of the military judiciary were completed by means of motivating people having proper qualifications. At the beginning of the existence of the Supreme Military Court a fundamental part of a personal staffing of the court was constituted by Soviet officers. They were the judges fully aware of the role the body played under new political circumstances. The proper staffing of the Supreme Military Court allowed for meeting the party’s expectations towards the military judiciary.
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