Glosa do uchwały Sądu Najwyższego z dnia 14 października 2015 r. (I KZP 7/15)
Commentary on the Supreme Court’s Resolution of October 14, 2015 (I KZP 7/15)
Author(s): Katarzyna StokłosaSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Criminology
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: decree on martial law; crime against humanity; abuse of rights; judgment;
Summary/Abstract: The voted resolution concerns the issue of responsibility for crimes against humanity in relation to crimes committed by the Citizens’ Militia during martial law. The author critically refers to the eligibility of the offense under Article 231 of the Criminal Code of Polish Republic (abuse of powers by a public official) as a crime against humanity, especially as the alleged offense does not meet the conditions laid down for it within the meaning of Article 118a § 2 of the Criminal Code of Polish Republic. Not only the time of actual deprivation of liberty but also the cruelty resulting from inhuman treatment, testify to the crime against humanity. In addition, the recognition that deprivation of liberty of fewer than 7 days is a crime against humanity constitutes a case of extending the perpetrator’s interpretation to the disadvantage.
Journal: Studenckie Zeszyty Naukowe
- Issue Year: 21/2018
- Issue No: 38
- Page Range: 151-159
- Page Count: 9
- Language: Polish
