Podstawy prawne organizacji i zasady postępowania w sądownictwie Polskiego Państwa Podziemnego
Legal grounds for the organisation and the principles governing judiciary proceedings in the Polish Underground State

Summary/Abstract: The failure to meet the objectives by the civil and military arms of the judiciary of the Second Republic of Poland under wartime occupation made the Polish Underground State start the construction of the judiciary from a scratch. Soldiers and civilians who committed crimes in military organisations were in the jurisdiction of the newly established special military courts. To punish the civilians who committed heavy crimes against the interests of the Polish state, nation, and citizens that required immediate reaction, special civil courts were established. The clandestine judiciary was complemented with judging commissions whose goal was to provide an educational impact on the society in the spirit of reinforcing patriotic, civic, and moral stances. The underground criminal trial was subordinated to the need of preserving maximum conspiracy. Procedures were simplified as far as was possible, and the process guarantees of the accused were drastically reduced, as the accused had no opportunity to become familiar with the charges, submit evidence, or use legal support. At the same time, as far as possible, emphasis was laid on evidence-based investigation and expertise of the judges. Special courts were composed of people with high qualifications, who made sure that all the data about the accused were based on credible sources of information proven to the maximum extent. The published sentences proved to the society that law and the code of civic morality still bind, and the Polish Underground State carries its functions also in the area of the judiciary.

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