Punishability of freeing prisoners as well as aiding and abetting them in their escape in the Polish territories during the period of partitions of Poland Cover Image

Karalność uwolnienia się więźnia oraz udzielenia mu pomocy w ucieczce na ziemiach polskich pod zaborami
Punishability of freeing prisoners as well as aiding and abetting them in their escape in the Polish territories during the period of partitions of Poland

Author(s): Piotr Poniatowski
Subject(s): History of Law, Criminal Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: escape of a person legally deprived of liberty; law of partitioning states; punishment;

Summary/Abstract: The article delineates legal regulations concerning the phenomenon of escapes of persons who were legally deprived of liberty. The aforementioned regulations were in force in the individual partitions between the First Partition and the time when Poland regained its independence as well as in the Kingdom of Poland, the Duchy of Warsaw, and the Republic of Cracow. By analyzing the indicated solutions and comparing them to the norms adopted in the Polish Penal Code of 1932, the paper attempts to determine whether, and if so, to what extent, the legislation of the partitioning states was used as a model while creating the first penal act of independent Poland. Ultimately, the author arrived at the conclusion that the norms contained in Articles 150 and 151 of the Penal Code of 1932 were neither directly modelled on any of the partitioning states codifications, nor were they a combination of various legal solutions of these states.

  • Issue Year: 75/2023
  • Issue No: 1
  • Page Range: 87-109
  • Page Count: 23
  • Language: Polish