Przedawnienie zbrodni komunistycznych zagadnienia wybrane

• Authors: Warchoł Marcin

Title variants

EN

Prescription of Communist Crimes

• Languages of publication: PL

Abstracts

EN

In 1995, Polish legislator made it impossible to bring the perpetrators of communist crimes to justice. The perpetrators of some of the communist crimes such as battery or maltreatment, committed before 1989 cannot be held responsible for their offences, because the Supreme Court In its ruling of May 25, 2010, expressed the view that these acts were prescripted. I don’t agree with this judgment because the prescription period was never able to get running. In 1995 the State gave up the prosecution of the crimes that were most common in the communist state. These regulations meant that the victims had been completely deprived of legal protection, which violated their right to court (Article 6 ECHR0). The rules, introduced in 1995, still have effects nowadays – as the courts or prosecutors drop the case due to the prescription. The Supreme Court overrules the convicting judgments in favour of the communist criminals on the basis of prescription. The perpetrators of these crimes have obtained immunities from prosecution due to the State’s ommision. Therefore, these privileges should be cancelled as obtained in the wrongful way. These above arguments and considerations of historical truth require lodging a complaint against them to the Constitutional Tribunal.

• Publisher: Uniwersytet Jagielloński. Fundacja Utriusque Iuris
• Journal: Forum Prawnicze
• Year: 2012
• Issue: 2 (10)
• Pages: 37-52

Contributors

author

Warchoł Marcin

• Katedra Postępowania Karnego Wydziału Prawa i Administracji Uniwersytetu Warszawskiego