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Zaprowadzanie sprawiedliwości. Śledztwa i postępowania sądowe wobec funkcjonariuszy aparatu okupacyjnego i Polaków w służbie niemieckiej z Kreis Miechów

Author(s): Dariusz Libionka / Language(s): Polish Issue: 19/2023

The article is a discussion and analysis of more than a dozen investigations and criminal proceedings conducted in the years 1945–1975 in Germany (East Germany and West Germany) and in the People’s Republic of Poland concerning the crimes committed by German police and civil administration officers, gendarmes, border policemen and Poles in German service from the occupation area of Miechów county. The author discusses how the investigations were carried out: the collection and evaluation of the credibility and the cognitive value of the evidence, especially of survivor testimonies, defense strategies of the accused, the harshness of sentences handed down, and the contacts between the Central Office of the State Justice Administrations for the Investigation of National Socialist Crimes (Zentrale Stelle der Landesjustizverwaltungen) in Ludwigsburg and the German prosecutors and the Main Commission for the Investigation of Nazi Crimes in Poland and the District Commission in Cracow. The source base consists of documents from the Institute of National Remembrance branches in Cracow and Kielce, the Yad Vashem Archives, as well as several published verdicts.

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„W sprawie zamordowania rodziny mojej…”. Jak Icek Lerner z Komarówki Podlaskiej szukał sprawiedliwości i jej nie znalazł

Author(s): Anna Bikont / Language(s): Polish Issue: 19/2023

Icek Lerner of Komarówka Podlaska wanted to bring about the conviction of the perpetrators of the murder of six members of his immediate family in the village of Przegaliny near Komarówka, and his partner Estera Rybak (and formerly her daughter) in Warsaw. He identified the murderers and demonstrated the course of events. His efforts proved fruitless. Years later, the case was taken up by his son, Rony Lerner, also to no avail. The article, a case study of survivor Icek Lerner’s attempt to seek justice also addresses, using his later descriptions of his experiences during the Holocaust as an example, the question of the reliability of testimonies given many years after the fact.

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Nie tylko świadkowie: wysiłki polskich ocalałych Żydów i organizacji żydowskich na rzecz sprawiedliwości po Zagładzie

Author(s): Olga Kartashova / Language(s): Polish Issue: 19/2023

The article explores the role of Polish Jewish organizations in investigations and trials of Holocaust perpetrators. It contributes a study of Jewish survivors’ agency in pursuing justice, their relationships with non-Jewish institutions and authorities, and the role of the international networks in these processes. At the center of the article are the Jewish national institutions operating in Poland in the 1940s, which represented the survivors and served as intermediaries between them and the authorities. In the conditions of anti-Jewish hatred, mass displacement, and the strengthening of communism in Poland, Jews treated collecting evidence and pursuing justice as a national mission, and perceived Jewish institutions, in this case the Central Committee of Polish Jews, as representatives of the victims and the Jewish people. The exchange of information between survivors, domestic and foreign Jewish communities, and lobby with national and international authorities, have provided a chance to supply lacking documentation and witness accounts, potentially increase the rate of punishment for perpetrators in Holocaust-related trials, and allow survivors to fulfill their moral obligation.

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Význam štúdia prameňov kánonického práva pre súčasnú vedu

Author(s): Vojtech Vladár / Language(s): Slovak Issue: 92/2023

The sources of law may be denoted to be one of the most important sources of information not only for lawyers, legal historians, but also other scientists. They do not reflect social development only in the legal sphere, since their norms directly and authoritatively affect many areas of social life. Passing of a new rule, its change or abrogation of the older one then leads to the eventuality of deduction of actual social needs in then period of the development of given society. This statement is all the more valid for the legal system of the Catholic Church, since canon law influenced the development of mankind for the whole centuries in determinative way. However, the contemporary science, not only legal, on the ground of several reasons (of subjective character typically) often neglects these precious sources of information while doing research activities. The main goal of the article is to point out the importance of sources of canon law and their constant topicality not only for the canonists and legal historians, but even scientists from other scientific branches.

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Teologické aspekty novel Kodexu kanonického práva z roku 1983

Author(s): Stanislav Přibyl / Language(s): Czech Issue: 92/2023

This article looks at the amendments of the current Code of Canon Law in terms of their theological justification. It establishes that most of the theological focus is to be found in the first two amendments, over which Josef Ratzinger had considerable influence, in the first instance while still a cardinal in the case of John Paul II’s amendment Ad tuendam fidem, then as pope for the amendment Omnium in mentem. In this amendment, the German-born pope also dealt with the question of formal apostasy from the Catholic Church, a topical issue in his native country. There is also no lack of theological justification in the amendments made by Pope Francis, particularly on matrimonial procedure, issued in the form of two motu proprio, and in the comprehensive amendment to criminal law Pascite gregem Dei, promulgated in the form of an apostolic constitution. The latter specifies the criminal sanction for many offences, including the offence of denying definitively proclaimed Church doctrine, which was first introduced by the amendment Ad tuendam fidem.

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Změny v trestním právu od vydání CIC/1983

Author(s): Libor Botek / Language(s): Czech Issue: 92/2023

The article deals with the development of the criminal law of the Church after the publication of the Code of Canon Law in 1983. It reflects on the reasons for the emergence of new criminal offences. It traces the emergence and development of extra-canonical norms, the evolution of the definition of particularly serious crimes by the Congregation for the Doctrine of the Faith and the subsequent incorporation of the newly created norms into the amendment of Book VI of the Code. It shows the new arrangement of the matter of criminal law in the amendment of Book VI of the Code and the intentions of the legislator.

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Pořádkové tresty v nové legislativě latinské katolické církve sui iuris

Author(s): Damián Němec / Language(s): Czech Issue: 92/2023

This article presents one sub-area of the penal law of the Latin Catholic Church, amended in 2021 in a radical way: by replacing the entire existing Book 6 of the 1983 Code of Canon Law with a new text in 2021. Significant changes have been made, especially in the area of expiatory penalties. The first chapter gives a brief description of the four legislative texts regarding expiatory penalties since the beginning of the 20th century: the 1917 Code of Canon Law, the original 1983 version of the Code of Canon Law, the comprehensive draft of the amended 6th Book of the Code sent for comments in 2011, and the final amended text promulgated in 2021. The second chapter uses the method of comparison to show the legislative development of the individual expiatory penalties currently in force. The third and fourth chapters present the penalties that were not taken over from the earlier normative regulations into the amendment of 2021: due to the vastness of the matter in the third chapter, the penalties not taken over from the 1917 Code of Canon Law, and in the fourth chapter the penalties not taken over from the original text of the 1983 Code of Canon Law and the 2011 comprehensive draft. The author also provides the theological context of some of the new legal regulations.

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Anton Vavrinec Ottmayer – administrácia, advokácia, správa a vzdelávanie

Author(s): Ivan Halász / Language(s): Slovak Issue: 2/2024

The study deals with an important Slovak lawyer, university lecturer and writer Anton Vavrinec Ottmayer who lived and worked in the capital of the Hungarian Kingdom for the first two thirds of the 19th century. The paper deals mainly with the lesser-known aspects of his career, in particular his scientific career within the Faculty of Law, where he was Dean for two years (1832–1834). He lectured on statistics, mining law and also published on the law of substitution. His literary works were written in Slovak, his professional legal works in Latin and German. In addition, he worked as an attorney and agent (lawyer) at the military court. In 1849 he was accused of insulting the majesty by the Austrian authorities, he was convicted and spent one year in prison. This put an end to his previous university career and he therefore started his own business. His aim was to build a waterworks in Pest. His activities were not always successful, he lost his house at auction and tax lawsuits were also brought against him. To this day, it is not entirely clear exactly when he died. Ottmayer’s life well documents the developments of Hungarian capital, the existential dilemmas, professional and political challenges for lawyers at the time. It also documents the university world and the professional issues that resonated in the professional press of the first half of the 19th century.

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Artikel 48 der Weimarer Verfassung: Hugo Preuß und Carl Schmitt im Streit über den „Diktaturartikel“

Author(s): Yasuhiro Endo / Language(s): German Issue: 2/2024

The abuse of Article 48 of the Weimar Constitution during the late presidency of Hindenburg has been criticized in many previous studies as one of the key factors of the collapse of the Weimar Republic that led to the establishment of the Third Reich, resulting from the lack of understanding of the parliamentary democracy. Whereas those criticisms have arisen primarily from the analysis of the consequences, this paper analyzes the issue of the executed presidential emergency powers with an integrative approach by comparing the arguments by Preuß, the drafter of Article 48, and Schmitt, taking into account the perspectives of members of the constitutional assembly as well as their contemporaneous intellectuals. While Preuß and Schmitt may appear generally contrastive in their beliefs and theories, some implicit logical agreements are observed, such as those on their interpretations of the relation between the first and the second sentences in Article 48, paragraph 2, and their thoughts regarding the handling of the law of the Reich that should be in Article 48, paragraph 5. With the findings of their commonalities and others in their theories, this paper attempts to contribute to refining the current systems of law and democracy for emergency situations in various contexts.

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The First Women in Justice of the Republic of Latvia (1918–1940)

Author(s): Sanita Osipova / Language(s): English Issue: 2/2024

Until the founding of the Republic of Latvia, women were practically excluded from law studies and work in the justice system. The territory of Latvia was part of the Russian Empire and thus subject to the 1864 judicial reform and its laws, which required a law degree and experience to be eligible for working in the justice system and prohibited women from these positions. Following the founding of the Republic of Latvia in 1918 and, more specifically, the establishment of the University of Latvia which had a stronger focus on gender equality in 1919, Latvian women finally had the opportunity to earn the necessary degrees and pursue careers in the judiciary. However, to gain the required experience and be admitted to practice in the court, Bar association, or notaria, women initially needed someone to employ them. In this regard, specific well-known men with liberal worldviews played a significant role.

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Alois Rašín, Československo a moc ustavující

Author(s): Ondřej Preuss / Language(s): Czech Issue: 2/2024

The article discusses the concept of constituent and constituted power in the context of the establishment of the Czechoslovak state in 1918 – the constitutional revolution, with a particular focus on the role of Alois Rašín, a key figure in this process of discontinuity from the existing regime. However, the distinction between constituent and constituted power fails to explain how a new legal order arises without overly idealizing the constituent power. Author suggests focusing on specific values, such as democracy, political rights guarantees, and equality, rather than on the ephemeral nature of power during the creation of a new regime.

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Boj o zachovanie koakvizície v medzivojnovom Československu

Author(s): Lenka Martincová / Language(s): Slovak Issue: 2/2024

The adoption of the law on the establishment of an independent Czechoslovak state from 1918, which adopted the previous law of Austria-Hungary on Czechoslovakterritory, brought with it legal dualism. This was also manifested in property relations between spouses; while in the territory of the Czech countries this area was based on the dispositively applicable legal system of separate property of spouses, in the territory of Slovakia and Carpathian Ruthenia Russia two dispositive systems operated side by side, namely the system of separate property and the co-acquisition system, which were derived from the previous status arrangement of society. The solution to the legal dualism, which brought with it many problems, was supposed to be a legal arrangement that would be applied uniformly throughout the territory. After many discussions, the unification work took the path of a moderate revision of the provisions of the ABGB, while in this process the specific legal conditions of Slovakia and Carpathian Ruthenia were considered. The study follows the unification work in the field of civil law mainly on the basis of the discussions of experts who participated in the drafting of the Civil Code and the basic documents that were their results, while paying particular attention to the activities of the Slovak professional public, led by the Ministry of Unification and the Slovak Commission for the civil law as well as other experts who fought for the preservation of the institution of co-acquisition in the interwar period.

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Proces postupné inkorporace Listiny práv na státní úrovni ve Spojených státech amerických do konce 60. let 20. století

Author(s): Radim Seltenreich / Language(s): Czech Issue: 2/2024

In his article, the author deals with the issue of the “nationalization” of civil rights in the USA, by which, in the context of the issue, he means primarily the incorporation of civil liberties contained in the federal Bill of Rights at the level of individual states of he Union. As he explains, this incorporation was rejected until the Civil War based on the U.S. Supreme Court’s decision in Barron v. Baltimore in 1833. Other possibilities for such incorporation opened up after the passage of the 14th Amendment to the Constitution in 1868. However, even here, this solution was first rejected in the so-called “slaughterhouse cases” of 1873, when the “immunities and privileges clause” of the amendment was not used. The gradual incorporation of the Bill of Rights thus occurs only through the “due process clause” of the 14th Amendment, as evidenced in particular by the decisions of the U.S. Supreme Court adopted in the 20th century. This whole process, which very well documents the issue of the federal system in the USA, is primarily completed in the 1960s.

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Případ desátníka Rudolfa Kuffnera

Author(s): Martina Míková / Language(s): Czech Issue: 2/2024

The article focuses on the functioning of military criminal justice in the period of the end of the First World War and in the first years of the First Czechoslovak Republic. The content of the article is a case study in which a criminal case is analyzed. The aim of this analysis is to outline the functioning of military criminal justice in the period under review, including the relevant legislation. Within the text, attention is also paid to the practical problems that the authorities involved in military criminal proceedings had to deal with.

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Udělování československého státního občanství „krajanům vracejícím se do vlasti“ podle ústavního zákona č. 74/1946 Sb.

Author(s): Martin Nedvěd / Language(s): Czech Issue: 2/2024

The aim of this article is to highlight certain aspects of the application of Constitutional Act No. 74/1946 on the granting of citizenship to compatriots returning to their homeland, and to present some of the research brought to light from archival collections of the post-war Ministry of Labour and Social Welfare and of the Czechoslovak Foreign Institute. The article points out that remigration under article 1 of the above-quoted Constitutional Act was not merely a privileged naturalization as was remigration under article 2 – compatriots were legally entitled to citizenship. Attention is paid especially to the contemporary extensive interpretation, which we could capture through the maxim in favorem remigrationis. Hence, for example, the legal terms “liberation of Czechoslovak territory from enemy occupation” and “Czechoslovak resettlement action” used to be interpreted remarkably broadly in the administrative practice of the post-war republic. In addition, the study reflects on the concepts of nation that have been crucial in determining the state’s policy on compatriots and remigration, and it looks for parallels with the recent compatriot policy of the Government of the Czech Republic.

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Založení oltáře sv. Kříže v katedrálním kostele v Litomyšli ve světle notářského instrumentu z roku 1417. Pramenná edice

Author(s): Pavel Krafl / Language(s): Czech Issue: 2/2024

The aim of the article is to present deeds relating to the foundation of the Altar of the Holy Cross in the cathedral church in Litomyšl. The main source on the topic is an original deed issued by Šimon of Prague, vicar general and officialis of the Bishopric of Litomyšl, dated 27 November 1417, written by the public notary Havel Duchek of Lysá. The document is deposited in the State District Archives in Svitavy, seated in Litomyšl, under inventory number 34. In 1397, Jan, called Mladeč of Branná, bequeathed the sum of one hundred schock of groschen to the cathedral church in Litomyšl for the foundation of a new altar for the salvation of his soul. He was already ill by this time. On 16 June 1402, Bishop of Litomyšl Jan IV. Železný issued a deed which created a new altar benefice in the cathedral church in Litomyšl. Jan Mladeč had already passed away. The executors of his last will were Bishop of Litomyšl Jan IV. Železný and Petr and Přibík, brothers of Hrochův Týnec, otherwise from Chroustovice. This follows from a joint deed issued by all three on 18 April 1405. The conditions to be met by the holder of the altar benefice were laid down therein. He was to perform his duties personally or through another suitable priest, and a statement is made on precisely how many masses were to be celebrated during the week. The study is accompanied by an edition of four deeds relating to the foundation of the altar: a deed of 16 June 1402, a deed of 18 April 1405, a notarial copy of both deeds drawn up on 16 May [1405, 1406 or 1408], and a notarial copy of the latter deed drawn up on 27 November 1417.

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Kristin Drenkhahn, Fabien Jobard and Tobias Singlenstein (Eds.). Impending challenges to penal moderation in France and Germany. A strained restraint

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Kristin Drenkhahn, Fabien Jobard and Tobias Singlenstein (Eds.). Impending challenges to penal moderation in France and Germany. A strained restraint

Author(s): Not Specified Author / Language(s): English Issue: 1/2024

Review of: Kristin Drenkhahn, Fabien Jobard and Tobias Singlenstein (Eds.). Impending challenges to penal moderation in France and Germany. A strained restraint. London: Routledge. Routledge Frontiers in Criminal Justice, 2023; p. 282. ISBN: 978-1-032-18867-6 (hbk) ISBN: 978-1-032-18868-3 (pbk) ISBN: 978-1-003-25669-4 (ebk).

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Aristocratic Enclaves as a Foreign Legal Element in Urban Space

Author(s): Marek Starý / Language(s): English Issue: 2/2022

Disciplination of the population in the medieval and early modern city may have been complicated by the presence of an alien element, which in the bourgeois environment was the nobility. In many cases, the nobility was able to acquire town houses and sometimes even managed to have them exempted from the jurisdiction of the municipal authorities and registered in the land tables. Be that as it may, these houses constituted legal enclaves of their kind. The study examines the legal conditions of these enclaves against the background of the legal developments in the Kingdom of Bohemia and Margraviate of Moravia in the fourteenth–seventeenth centuries and tries both to summarize the existing knowledge and to draw attention to some better though lesser-known sources that document this issue.

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Both Elected Representatives and Imperial OfI cials? The Mayors’ Installation in the Statutory Cities of Habsburg Austria 1860–1918

Author(s): Martin Klečacký / Language(s): English Issue: 1/2023

The article focuses on the specific legal status of statutory towns in Austria from the restoration of constitutionalism in 1860 to the end of the monarchy and on the peculiarities of their administration. Special attention is paid to their method of selecting representatives since the mayors of the statutory towns were subject to the approval of the government and the emperor. The article examines the impact of the confi rmation process on the selection of mayors, and to what extent and in what manner the government exercised its option to exclude certain elected individuals from the leadership of the statutory cities. It shows the changes in the approach of the government after the 1870s and concludes in stating the inefI ciency of this tool.

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Post-WWII Purge and the Changes in the City Administration in the Territory of Southern Slovakia: A Case Study of Košice

Author(s): Patrícia Fogelová / Language(s): English Issue: 1/2023

The paper addresses the changes in the city administration after the Second World War related to the process of purge in the territory of southern Slovakia, which between 1938 and 1945 was ceded to Hungary. I intend to examine the changes in the city administration of Košice, a city located on the Hungarian–Slovak ethnic border. Its inhabitants were confronted with anti-Hungarian policies after the war, handled by the local authorities – the members of the Administrative Commission and the National Committee. These members possessed extensive competences concerning the confi scation of the property of “Germans, Hungarians, traitors and collaborators”, land reform, the purge of public and political life, the establishment of national administrations, the restoration and reconstruction of the national economy and tasks in the social and health spheres. This also included legal measures against public and civil servants of Hungarian and German nationality, adopted by the Slovak National Council. In my research, I intend to answer a number of questions: How did the local authorities deal with the civil servants? Which civil servants were dismissed and which remained in place? What criteria were important for them to remain in their posts? Why did some of them continue to work for the city? In addition, how did the loyalty of these civil servants to the restored Czechoslovakia change?

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