The liability of members of adjudicating panels of the Military District Court in Rzeszow for violations of law in connection with criminal proceeding
The liability of members of adjudicating panels of the Military District Court in Rzeszow for violations of law in connection with criminal proceeding

Summary/Abstract: The issue of this work is the problem of the liability of judges and lay judges of the Military District Court in Rzeszow, pronouncing judgments in the years 1946-1955 for the court crimes committed in connection with the adjudication in the cases of crimes of treason, regulated by Article 86 of the Penal Code of the Polish Army from 1944. Under current law, judges of military district courts may be subject to criminal and disciplinary liability. The principles of these two types of liability are governed by specific laws. Disciplinary liability may refer to the judge, who adjudicating in the years 1944-1989 in the trials that were a form of repression for pro-independence and political activities, defense of human rights or the exercise of fundamental human rights, violated their judiciary independence. Criminal liability of judges is a far more complex matter. The basis for criminal liability of judges in the Military District Court in Rzeszow can be a charge of committing a communist crime. Making the charge of committing this kind of crime involves proving that the actions of the communist state officer constituted an offense under the provisions of the Polish criminal law being in force at the time it was committed and it was a form of repression on the part of that functionary against an individual or a group of people because of their real or alleged activity and could be a form of persecution for “activities incompatible with the current political line”. Similar rules of criminal liability apply to people who are lay judges in the Military District Court in Rzeszow in the cases of the crimes of Article 86 of the Penal Code of the Polish Army (kkWP). In practice, proving the fulfillment of the criteria of accountability, mentioned above, is extremely difficult. The consequence of this is practically the lack of accountability of members of the Military District Court in Rzeszow for potential cases of court crimes.

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