O materialnym elemencie definicji przestępstwa w projektach
kodyfikacji prawa karnego materialnego Polski Ludowej
1944–1969
On the material element of the definition of crime in the projects
of codification of the substantive criminal law of Poland 1944–1969
Author(s): Tomasz SzczygiełSubject(s): History of Law, Criminal Law
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: crime; criminal law; Polish People’s Republic; military criminal law;
Summary/Abstract: The article concerns the issue of the genesis of the material element of the definition ofcrime in the projects of codification of the substantive criminal law in Poland 1944–1969(1944–1952: Republic of Poland; from 1952 onwards: People’s Republic of Poland). Thework presents the impact of the provisions of military criminal law, primarily the PenalCode of the Polish Army, on the shape of the subsequently adopted solutions of commoncriminal law. In addition, the process of evolution of procedural solutions that translatesinto the perception of crime as a socially harmful act was shown. The main topic of thestudy was devoted to the codification discussion lasting over twenty years on introducinga material approach to crime into the future Penal Code. Key doubts were raised regardingthis understanding of crime under the law in force at that time. Moreover, the solutionsincluded in the drafts of the penal code from 1951, 1956, 1963, and 1968 were also charac-terized by confrontation with the Soviet regulations from 1926 and 1960.
Journal: Studia z Dziejów Państwa i Prawa
- Issue Year: XXVII/2024
- Issue No: 1
- Page Range: 69-87
- Page Count: 19
- Language: Polish