Wojskowe sądy rejonowe (1946—1955). Powstanie, struktura, sędziowie
District Military Courts (1946–1955). Formation, structure, judges
Author(s): Marta PaszekSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Summary/Abstract: District Military Courts (DMC) were erected on the basis of a secret organizational command no 023, issued by the Ministry of National Defense on January 20, 1946. The prototype of the DMC were the Soviet tribunals of the People’s Office for Interior Services. The subjective quality of the DMC covered the officers of the public security, the Citizen’s Militia officers, The Internal Security Corps soldiers, and officers of the prison service. The DMC was also used to adjudicate in cases of civilians accused of political crimes, which makes the DMC a repression organ against the opponents of the communist authority. The structure of courts and organization of work was based on the official subordination typical of a military unit. District military courts were under the control of managers having an administrative supervision over the activity of the court, and professional one over all workers of the court. The content duties belonged to judges. The Polish Committee of National Liberation Decree from September 23, 1944 — The law of the system of military courts and military prosecutors did not provide any demanding requirements to the candidates for judges. The basic criterion of the choice of the personnel was political qualifications, not education. The very phenomenon was especially visible starting from 1948 when pre-war lawyers were exempted from the service of justice. The judges who the communist authority did not trust, were replaced by the staff educated in the People’s Republic of Poland. A chain of military courts was closed in line with enacting an act from April 5, 1955 on transposing the quality of military courts in terms of criminal cases of civil citizens, officers of the organs of the public security, the Citizen’s Militia and prison service on common courts (Dz.U. nr 15, poz. 83).
Journal: Z Dziejów Prawa
- Issue Year: 13/2012
- Issue No: 5
- Page Range: 293-322
- Page Count: 30
- Language: Polish