From the Decree on the Protection of the State to the Penal Code of 1969 – a review of criminal law reforms and the practice of its application by the judiciary in 1944–1969 Cover Image

Od dekretu o ochronie państwa do Kodeksu karnego z 1969 roku. Przegląd reform prawa karnego i praktyka jego stosowania przez organy wymiaru sprawiedliwości w latach 1944–1969
From the Decree on the Protection of the State to the Penal Code of 1969 – a review of criminal law reforms and the practice of its application by the judiciary in 1944–1969

Author(s): Karol Dusza
Subject(s): Criminal Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: Polish People’s Republic; penal law; Andrejew’s code; Igor Andrejew; amnesty; excesses;

Summary/Abstract: The article describes normative acts in the field of criminal law and the prac- tice of their application in the times of the Polish People’s Republic, namely from the establishment of the Polish Committee of National Liberation to the date of the 1969 Penal Code (the so-called Andrejew’s Code). The first aim of the article is to present the undoubtedly unjust reforms of the criminal law in the above-described years and the grossly distorted practice of applying penal law by the judicial authorities. The second aim of the article is to describe the most elementary features of Andrejew’s Code – due to the essence of this criminal law act in the history of the People’s Republic of Poland. The advantages of this code were manifested, firstly, in the comprehensive gathering of criminal law institutions into one normative act and, secondly, in the stabilization of the functioning of this branch of law, which had previously – as it was shown in the article – used for short-term political purposes, often ignoring such basic lawmaking rules like nullum crimen sine lege certa and lex retro non agit.

  • Issue Year: 2022
  • Issue No: 3
  • Page Range: 17-31
  • Page Count: 15
  • Language: Polish