NCJ Number
137871
Journal
EuroCriminology Volume: 4 Dated: (1992) Pages: 93-103
Date Published
1992
Length
11 pages
Annotation
In February 1991, Poland passed a law regarding the invalidation of all rulings concerning persons repressed for activity conducted for the sake of an independent Polish state; it appeared necessary to make such a legal decision in light of political changes that occurred after parliamentary elections in June 1989.
Abstract
Fundamental political changes were accomplished in Poland in the course of less than 20 months, making it possible to formulate a new appraisal of the activity of government institutions. This process involved normative acts defining penal responsibility and justice administration that were developed after 1944. In the 1940's, adherents of dissenting political currents were eliminated from social, economic, and political life. After the brief "Polish October" of 1956, political activity was once again the object of repression, although not in such a drastic form as in the 1940's. The 1970's witnessed the emergence of independent trade unions, a martial law period, and difficulties in administering penal law in Poland. Following parliamentary elections in June 1989, government officials assessed penal law from 1944 to 1957 and the 1969 Code of Penal Procedure. This code regulates two particular situations occurring during the 1944-1957 period: (1) detention and temporary arrest took place due to political reasons that were sometimes difficult to prove; and (2) persons were detained and then imprisoned for several years with no factual or legal base, since public security officials believed these individuals were needed in connection with penal proceedings against other suspects. The impact of revisions to Poland's penal code and the annulment of penal rulings are discussed.