„Szczególnie wysoki stopień społecznego niebezpieczeństwa czynu” – wyznacznik represji trybu doraźnego w procesach strajkujących w kopalniach w woj. katowickim w czasie stanu wojennego
“Particularly High Degree of Social Danger of an Act” – a Determinant of Repression in Summary Criminal Proceedings Against Participants in Strikes in Mines in the Katowice Voivodeship during Martial Law

Summary/Abstract: The article presents the practical application of summary procedure provisions during martial law in Poland to individuals repressed as perpetrators of new political crimes specified in the martial law decree, particularly in connection with the December strikes in coal mines in the Katowice Voivodeship. The analysis focuses on assessments made by authorities applying the law (military prosecutors and military courts) regarding the premise of the summary procedure, which was based on the criterion of “particularly high degree of social danger associated with the act”. The text outlines the specific struc- ture of the provision regarding this premise, which allowed for its arbitrary application, and confirms this arbitrariness in court cases. As a result, attempts were also made to demonstrate that the actions prompting repression were not actually harmful to society but raised concerns only for the architects of martial law. Moreover, the provisions on which judicial repression was based proved to be exceptionally effective in practice, from the perspective of the elimination goals of the imposition of martial law.

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