Prawo karne stanu wojennego

Abstract

This paper is an attempt of the analysis of changes in penal law during martial law in Poland in 1981-1982. It shows penal law as a useful tool, which was used by the Communist government to achieve political goals. This law was concentrated on the persecution of political rivals and on frightening of Polish society, deprived of basic Citizen's rights. There are legal acts concerning martial law described in it. They are compared with the earlier legal regulations, so thatto demonstrate the most characteristic features of martial law legislation. They include: penalization of new types of "crimes", which were not punished earlier (such as trade unions activity, organizing a strike or other protest action), new, very drastic penalties (15 years of imprisonment, 25 years and even death penalty - in 86 types of crimes). There were important changes in penal procedure, too. One - instance procedure was implemented, it was special shortened proceedings (three different types), not existing earlier. Military courts covered by their competence new types of crime, common courts of law were marginalized. We should also mention an administrative way of penal prosecution - internment, which was used as a substitute of penal repression. You can also find some statistic data about martial law in this paper.