Odpowiedzialność za wydanie i wykonanie rozkazu o treści przestępnej w świetle ustawodawstwa karnego obowiązującego w II Rzeczypospolitej
Responsibility for issuing and carrying out an order with criminal content in light of the criminal legislation in force in the Second Polish Republic

Summary/Abstract: One of the obvious challenges for the reborn Polish state after regaining independencewas the pursuit of uniformity within the judiciary, including military criminal law. The roadto success was not an easy one and it depended to a large extent on the effect of the workson the codification of common criminal law. The fate of the two great codes of 1932 wastherefore intertwined, especially in respect to a soldier’s criminal liability for a common crime.The aim of the present article is to portray the legal regulations concerning this issue whichwere in force during the Second Polish Republic period from an evolutionary perspective.The objective scope and formal conditions of issuing an order in official matters in relation tosoldiers as well as the rules concerning responsibility related to its issuing and execution weresubjected to analysis. Particular emphasis was placed on the principle of individualizationof guilt, which was dynamically developing at that time. For this purpose, the regulations ofmilitary legislation were compared with some institutions of common criminal law, such asincitement, aiding, and – to a lesser extent – irresistible compulsion.

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