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1

Przestępstwo publicznego propagowania faszystowskiego lub innego totalitarnego ustroju państwa (art. 256 k.k.). Analiza doktrynologiczna wybranych wypowiedzi piśmiennictwa i judykatury. Część szczególna III

100%
Scheffler T.
Studia nad Autorytaryzmem i Totalitaryzmem
|
2019
|
vol. 41
|
issue 2
5-28
EN
The paper presents interpretations of the content of art. 256 of the Polish Penal Code of 1997 (The crime of public propagation of a fascist or other totalitarian governmental/state system), which were developed amid amendment in 2009. The most difficult problem for commentators, much like authors, about whom we have deliberated earlier, was to understand the complexity of the phenomenon of totalitarianism and the consequences resulting from accepting one of the competing concepts of totalitarianism. Similarly, interpretational problems led to misunderstandings of the concept of fascism and the state system. As a result, individual authors incorrectly found resemblance between the regulations contained in the Penal Code of 1969 and the regulation contained in art. 256 from 1997. In this paper we prove that the Polish Supreme Court and even Polish Constitutional Tribunal also had the same problem with the interpretation of the content of art. 256.
2

Ekstremizm polityczny: nieudana próba delegalizacji Narodowodemokratycznej Partii Niemiec (NPD) w latach 2001–2003 i jej znaczenie dla polskiego porządku prawnego

100%
Scheffler T.
Studia nad Autorytaryzmem i Totalitaryzmem
|
2015
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vol. 37
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issue 3
89 - 103
EN
The author of the article analyses the causes of the failure of attempts to ban the National Democratic Party of Germany (NPD), attempts made at the beginning of the 21st century by the Federal Republic of Germany’s legislative and executive authorities. During the investigation of the matter it turned out that some of the alleged offences that were to have been the basis of making the party illegal were initiated by secret agents controlled by the state’s security services. A blocking minority of judges concluded that this was a reason to dismiss the case. The author puts forward three theses: that the notion of political extremism has lost its descriptive sense, that the qualified majority procedure in the constitutional court’s rulings hinders the protection of the rights of minorities, and that Polish proceedings concerning the activity of political organisations should feature investigations of the involvement of security services in the activities of these entities.
3

Przestępstwo publicznego propagowania faszystowskiego lub innego totalitarnego ustroju państwa (art. 256 k.k.). Analiza doktrynologiczna wybranych wypowiedzi piśmiennictwa i judykatury. Część szczególna II

100%
Scheffler T.
Studia nad Autorytaryzmem i Totalitaryzmem
|
2019
|
vol. 41
|
issue 1
109-151
EN
The paper presents interpretations of the content of art. 256 of the Polish Penal Code of 1997 (The crime of public propagation of a fascist or other totalitarian governmental system), which were developed before 2009. The most difficult problem for commentators, much like authors, about whom we have deliberated earlier, was to understand the complexity of the phenomenon of totalitarianism and the consequences resulting from accepting one of the competing concepts of totalitarianism. Similarly, interpretational problems led to misunderstandings of the concept of fascism and the governmental system. As a result, individual authors incorrectly found resemblance between the regulations contained in the Penal Code of 1969 and the regulation contained in art. 256 from 1997. In this paper we prove that the Polish Supreme Court also had the same problem with the interpretation of the content of art. 256.
4

Przestępstwo publicznego propagowania faszystowskiego lub innego totalitarnego ustroju państwa (art. 256 k.k.). Analiza doktrynologiczna wybranych wypowiedzi piśmiennictwa i judykatury. Część ogólna

100%
Scheffler T.
Studia nad Autorytaryzmem i Totalitaryzmem
|
2012
|
vol. 34
|
issue 3
97-117
EN
The crime of the public propagation of fascist or other totalitarian governmental system has been introduced to the Polish legal system with the passing of the new Penal Code of 1997. The construction of Article 256 of the Penal Code which joins together two different types of punishable action (public propagation of totalitarian system and incitement to hatred on the basis of, among others, race) indicates that the creators of the relevant law might have adopted incorrect premises regarding the essence of totalitarianism and Fascism. The purpose of the article is to establish, based on the statements made in a number of scholarly writings, whether the mentioned incorrect assump­tions regarding the phenomenon of totalitarianism or Fascism do in fact appear and, if so, how they influence the functioning of the Polish justice system, particularly taking into account the ruling principle of nullum crimen sine lege. In the first, general part of the article, published in this volume, the author describes elementary concepts and appellations used by the lawmaker in Article 256 of the Penal Code, the understanding of which is needed in order to grasp the meaning of the relevant rule. Therefore, the author explains the words and terms which are significant from the perspective of the doctrinological analysis of the commented rule, like governmental system, totalitarianism, Fascism, Nazism, Nationalism and chauvinism. Regarding the term “governmental system,” the author points out its irreducibility to the exclusively ideological aspect. In case of “totalitarianism,” the author mentions two basic and comprehensive scholarly approaches towards explaining this pol­itical model (phenomenological analysis of Friedrich and Brzezinski and essentialist interpretation of Arendt) which lead in different directions as far as an issue of recognizing the given governmental system as a totalitarian one is concerned. The article also includes a rudimentary analysis of Fascism and National Socialism, demonstrating their doctrinal distinctiveness and showing the inappropri­ateness of lumping these conceptions together within one large ideological frame. In particular, apart from obvious reasons connected with the dissimilarities pertaining to their ideological origin, the highest values or the level of criminality, these two ideological-and-political systems are different because of Fascism’s unequivocal belonging to the Enlightenment thought and the essentially anti-Enlightenment character of Nazism (not forgetting about the National Socialism’s internal incoher­ence and its doctrinal complexity). In case of “Nationalism” and “chauvinism,” the author reminds the readers that the roots of both these conceptions can be traced back to the French Revolution and to the Napoleonic Wars and that racism is not their constitutive part. The final part of the paper includes a critical analysis of one of the first commentaries to Article 256 of the Penal Code, written by Roman Góral. In conclusion, the author expresses an opinion that the adoption by R. Góral of some improper doctrinal assumptions and premises led him to accept inferences which violate the nullum crimen sine lege principle.
5

Przestępstwo publicznego propagowania faszystowskiego lub innego totalitarnego ustroju państwa (art. 256 k.k.). Analiza doktrynologiczna wybranych wypowiedzi piśmiennictwai judykatury. Część szczególna I

100%
Scheffler T.
Studia nad Autorytaryzmem i Totalitaryzmem
|
2018
|
vol. 40
|
issue 4
145-159
EN
The paper presents interpretations of the content of art. 256 of the Polish Penal Code of 1997 (The crime of public propagation of a fascist or other totalitarian governmental system), which were developed in the years 1998–2001. The most difficult problem for commentators was to understand the complexity of the phenomenon of totalitarianism and the consequences resulting from accepting one of the competing concepts of totalitarianism. Similarly, interpretational problems led to misunderstandings of the concept of fascism and the governmental system. As a result, individual authors incorrectly found resemblance between the regulations contained in the Penal Code of 1969 and the regulation contained in art. 256 from 1997.
6
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Zasada nullum crimen sine lege w kontekście przestępstw stypizowanych w art. 256 § 1 k.k.

100%
Scheffler T.
Opolskie Studia Administracyjno-Prawne
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2018
|
vol. 16
|
issue 4 (2)
119-140
PL
The paper presents interpretations of the content of the legal principle of nullum crimen sine lege and the influence of this principle on legal characterisation of crime of public propagation of a fascist or other totalitarian governance system and crime of public agitation to hatred based on national, ethnic, racial or religious differences or for reason of a lack of any religiousdenomination. In the author’s opinion, the most difficult problem in the case of crimes typified in Art. 256 § 1 of Polish Penal Code lies in that many layers consider the legal principle of nullum crimen as a commonplace. In the paper, there are several cases presented of adjudications of the Polish Supreme Court relating to what considerations of the legal principle of nullum crimen may cause so that we can obtain clear views on the problem.
7
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Z badań nad kształtowaniem się pojęcia „suwerenność” w średniowieczu

100%
Scheffler T.
Opolskie Studia Administracyjno-Prawne
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2012
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vol. X
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issue 3
77-84
EN
Colloquial representations link the establishment of the political-legal category of sovereignty with the activity of Jean Bodin. The very notion itself appeared earlier, though. The paper, which provides exclusively an initial framework of the problem area, recollects how the shaping of the understanding of sovereignty was progressing in the Middle Ages: from the appearance of the word superanus, through the concept of dispersed sovereignty represented by Philip de Beaumanoir, into the medieval sources of formation of J. Bodin’s monistic concept. The author also points to the differences in the Weltanschauung, which characterized that epoch in relation to modern times. Moreover, he wonders which of the meanings of the notion of sovereignty is better adjusted to fit contemporary times: primeval, the pluralistic framework proposed by Philip de Beaumanoir, which is characterized by acknowledgement of dispersion of competence and network-like system of power, or maybe the framework offered by Bodin and Hobbes, one that is modern, monistic, exclusivism-oriented and based on the law of excluded centre. In conclusion, the author expresses the conviction that in view of the need to protect natural human rights, the concept of dispersed sovereignty should be returned to.
8
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The Research Of Wroclawian Academics On Anti-Semitism And Holocaust In “The Studies On Fascism And Hitlerite Crimes”

63%
Scheffler T., Machaj Ł.
Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego
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2010
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issue 2(14)
569-580
EN
The creation of the scholarly journal Studies on Fascism and Hitlerite Crimes was a result of a need to coordinate research led by scientists from the University of Wroclaw and employees of District Commission for the Examination of Hitlerite Crimes in Wroclaw which concerned the doctrine of National Socialism and its practical implications in the Third Reich. Such cooperation was primarily based on the contract signed on 22.03.1976 by the University of Wroclaw and the above- -mentioned Commission which established a framework for the joint effort to research fascism and Hitlerite crimes.
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