Między sprawiedliwością a praworządnością. Sąd Najwyższy II Rzeczypospolitej wobec problemu odpowiedzialności karnej na podstawie tzw. kodeksu Tagancewa za zdradę kraju popełnioną w okresie I wojny światowej
Between justice and lawfulness: The approach of the Supreme Court of the Second Polish Republic to the problem of criminal responsibility for state treason committed during the First World War based on the so-called Tagantsev Code
Author(s): Damian SzczepaniakSubject(s): History, Law, Constitution, Jurisprudence, History of Law, Criminal Law, Civil Law, Recent History (1900 till today), Interwar Period (1920 - 1939), Administrative Law
Published by: Oficyna Wydawnicza KA AFM
Keywords: Tagantsev Code; Congress Kingdom of Poland; penal law of the Second Polish Republic; the Supreme Court of the Second Polish Republic; state treason;
Summary/Abstract: The issue of criminal responsibility for the crime of state treason committed during the First World War in the territory of the former Congress Kingdom of Poland was one of the problems which the Polish judicial system faced in the first years after restoring independence in 1918. The present paper is an attempt at demonstrating that in the judicial practice concerning such cases, the Supreme Court did not actually adhere to the laws in effect. The Supreme Court interpreted those laws in an incorrect and sometimes contradictory manner in order to establish the possibility of condemning the persons who were deemed guilty of treason against Poland. In fact, the Supreme Court aimed at satisfying the social sense of justice which demanded responsibility of persons who acted against the interest of the Polish cause in the particularly difficult time of the fight for independence.
Journal: Studia z Dziejów Państwa i Prawa
- Issue Year: XXVI/2023
- Issue No: 1
- Page Range: 149-166
- Page Count: 18
- Language: Polish