The assessment of the Makarewicz Criminal Code by the movement of the so-called young lawyers in the Second Polish Republic Cover Image

Kodeks Makarewicza w ocenie środowiska tzw. młodych prawników w II Rzeczypospolitej Polskiej
The assessment of the Makarewicz Criminal Code by the movement of the so-called young lawyers in the Second Polish Republic

Author(s): Marcin Łysko
Subject(s): History of Law, Criminal Law, Interwar Period (1920 - 1939)
Published by: Uniwersytet Adama Mickiewicza
Keywords: Criminal Code; young lawyers; Second Polish Republic;

Summary/Abstract: During the period of the Second Polish Republic (1918–1939), the movement of theso-called young lawyers sought to create a system of law based on tradition and the Pol-ish national spirit. In accordance with these criteria, they evaluated the Criminal Code of1932, which was an original creation of Polish legal thought. In their opinion, the code as“basically raw” could, after the introduction of the changes they were suggesting, serve topursue a repressive criminal policy. Particularly Article 54 of the Criminal Code, whichstipulated that judges had to take individual qualities of perpetrators into consideration,was perceived by the young lawyers as an obstacle to meting out severe punishments whichwould act as a deterrent to committing crimes. The young lawyers advocated the impositionof punishments that serve not to improve the offender but to protect society from crime.However, the concept of applying the criminal code in the spirit of social protection metwith a sharp retort from its creator, Juliusz Makarewicz. Influenced by it, the young lawyersabandoned their criticism of the code's solutions in favour of undertaking work to changethe consciousness of Polish judges.

  • Issue Year: 75/2023
  • Issue No: 2
  • Page Range: 37-53
  • Page Count: 17
  • Language: Polish