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Sędziowie sądów szlacheckich w województwie płockim 1576–1600. Próba rekonesansu badawczego

Author(s): Adam Moniuszko / Language(s): Polish Issue: 1/2016

The article concerns the issue of judges in nobles’ courts of law (Forum Nobilium) inthe Voivodship of Płock in 1576–1600. Th e study focused on judges nominated by theking, i.e. chamberlains (succamerarius), starosts (capitaneus), and land court judges: judges(iudex terrestris), deputy judges subiudex terrestris), and recorders (notarius terrrestris)holding jurisdiction over nobility. Altogether 16 such judges were found, and their socialand economic status, public functions held on the power of being elected by the nobility, denomination, education, and careers were examined as part of the study.Social background, family connections, economic status, public service, and strong localroots can be listed as typical factors favourable for being granted the offi ce of a judge. Another important element was the support of relatives ranking as bishops, as at that timediscussed it seems to have played a greater role than the clientary relations operating in theVoivodship of Płock. The list with of the judges with detailed data is provided in the appendix to the article.

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Po stronie przestępców czy służb porządkowych, czyli miejsce kata w systemie wymiaru sprawiedliwości w dawnej Polsce

Author(s): Wacław Rosa / Language(s): Polish Issue: 1/2016

The article presents the functioning of the office of executioner in the cities of formerPoland. The study investigated executioner activity on the border between two worlds: thatof crime and the law enforcement environment connected to the judiciary. The research material includes testimonies of criminals recorded in the books of municipal courts, demonstrating contacts between the criminal world and torturers. Unlike in Western Europe and Silesia, where the profession of executioner often passed from father to son, executioners in bygone Poland often hailed from criminal circles. They lived in isolation fromthe society and were exposed to social ostracism because of their work. Criminals did notconsider the executioner as a representative of the judiciary; relationships between bothcommunities were facilitated by the fact that executioners and their wives were engagedin the organisation of prostitution in cities, and running and protecting the city’s brothels. The cases quoted from judicial practice show that the office of the executioner was oft enidentifi ed with criminal activity rather than with justice, which had an impact on the effectivenessof fighting crime in Polish cities.

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Uwolnienie z poddaństwa jako czynność prawna w praktyce sądowej Prus Królewskich w II połowie XVII i w XVIII wieku

Author(s): Piotr Kitowski / Language(s): Polish Issue: 1/2016

Manumission (manumissio, liberation, emancipation) was essential for the existingrights and obligations of a serf and his former master. It is interesting to analyse the formal side of this legal action and its content in terms of legal and actual consequences. The more so as awarding personal freedom was not at all uncommon in Prussia, and the literature onthis subject usually refers to social consequences only.Based on the rich source material, the author discusses the manumission as a legal actionin the practice of Prussia in the latter half of 17th and in the 18th centuries, focusingon its role, form, and the ways for insuring the new status of the former subject.

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Azyl kościelny w protestanckim Gdańsku w świetle incydentu z 1700 roku, opisanego w diariuszu syndyka miejskiego Johanna Ernesta von der Lindego

Author(s): Sławomir Kościelak / Language(s): Polish Issue: 1/2016

The event from 1700 presented in the article was described in the diary of a contemporarymunicipal syndic, Johann Ernst von der Linde. A group of fugitives from the Gdańsk Penitentiary (i.e. prison) attempted to invoke the right of the church sanctuary. For this purpose they claimed sanctuary inside the Carmelite Monastery in the Old Town ofGdańsk (Danzig). The incident illustrates tendencies present in the transitional period betweenearly modern times – when such right was accepted – and more recent times – whensense and legitimacy of such procedure were already questioned. The event took place in Gdańsk, a powerful, self-governing, economic centre with a very good system of local law, additionally being a mainstay of Protestantism in the region. The event was also a particulartest of authority between the dominant religion and a religious minority. A successfulescape from the municipal prison, negotiations between the stakeholders referring to thewritten law, custom and precedents, and the fi nal lack of any consequences for the fugitivescasts an interesting light on the penitentiary and criminal system of Gdańsk and the issueof maintaining order in the city in the late 17th and early 18th centuries.

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Utworzenie Urzędu Probierczego w Krakowie i jego działalność w latach 1843–1853

Author(s): Mateusz Mataniak / Language(s): Polish Issue: 1/2016

The article presents the circumstances of setting up the Assay Office in the Free City of Kraków and also its activity in 1843–53. The source base consisted of regulations of theGoverning Senate on the organisation and competence of the Assay Office, and documentation related to its activity, being a part of the complex of the Archive of the Free Cityof Kraków. The fundamental task of the Assay Offi ce was to supervise Kraków jewellersand goldsmiths. The supervision especially focused on gold and silver objects brought forstamping. The office charged fees defi ned by the government for its services. The articlealso mentions prosecution of crimes against the assay stamp, which was a prerogative ofthe administrative authorities: the Senate, and later the Administrative Council and the City Council.

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Odpowiedzialność urzędnika za przestępstwa popełnione z chęci zysku w okresie międzywojennym

Author(s): Agnieszka Machura / Language(s): Polish Issue: 1/2016

Between the two world wars a new model of public administration, with a new type ofcivil servants, was created. Officials from the parts of Poland that had belonged to different partitions had different qualifications and represented different moral and ethical standards. Clerical matters required solutions going beyond administrative structures and stafftraining, and also included fraud prevention. Despite the euphoria of independence, poverty, hunger, unemployment, and uncertainty of the future led to an increase in crime, also among civil servants. The situation was also hampered by the lack of uniform legislation.To prevent crimes committed by civil servants, an array of disciplinary rules were introduced including the penalty of death by firing squad. It was the most rigorous legislationpunishing dishonest civil servants in Polish history. Historical sources based on the pressreleases from the period demonstrate that most such judgments concerned the military.Later, the law relaxed, and crimes such as passive and active bribery received model regulationin the Criminal Code of 1932, on which current criminal legislation is partially based.

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Sprawa Romana Gawronskiego przed Sądem Specjalnym w Katowicach jako przykład zmiany prawomocnego wyroku

Author(s): Konrad Graczyk / Language(s): Polish Issue: 1/2016

The article analyses a criminal case before a German Special Court in Katowice in 1943. The valid and binding decision was successfully appealed by a prosecutor resorting to a an extraordinary legal remedy, complaint caused by the invalidity of such a sentence. In the first trial, Roman Gawronski was convicted of illicit trading and theft , and sentenced to atotal of 12 years hard labour. Aft er a complaint lodged by the prosecutor, the Special Courtin Katowice issued the correct sentence, being the death penalty. The article examines the legal foundations of both rulings and arguments of the prosecutor supporting the invalidationof a final judgment. It also provides an overview on the structure and procedure in the special courts.

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Podstawy prawne decyzji w przedmiocie obywatelstwa polskiego. Analiza prawnoporównawcza przepisów obowiązujących od II Rzeczpospolitej do współczesności

Author(s): Natalia Rzenno / Language(s): Polish Issue: 1/2016

Past Polish citizenship has a direct impact on current cases concerning the corroboration of Polish citizenship. This is extremely important with respect to current in heritance proceedings by citizens other than Polish, and there is a presumption regarding Polish citizenship of their ancestors. The applicable decision corroborating or refusing to corroboratePolish citizenship is issued by the governor (voivode) holding jurisdiction over the place of residence or the last place of residence of the person mentioned in the application. It should be noted that such procedures follow of a number of laws no longer in force, including the Act of 20 January 1920 on citizenship of the Polish State (Polish Journal of Lawsof 1920, No. 7, item 44), the Act of 9 April 1938 on universal military duty (Polish Journalof Laws of 1938, No. 25, item 220), the Act of 8 January 1951 on Polish citizenship (Polish Journal of Laws of 1951, No. 4, item 25), the Act of 15 February 1962 on Polish citizenship (Polish Journal of Laws of 2000, No. 28, item 353, with later amendments), and others.

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Ciąża, poród i opieka nad dzieckiem w więzieniach Królestwa Polskiego (1815–1867)

Author(s): Justyna Bieda / Language(s): Polish Issue: 1/2015

The origin of contemporary solutions concerning the children of the imprisoned should be sought in the days of the Kingdom of Poland, when the need to regulate the problem of pregnant women, delivery, and living conditions of mothers who remained in penal institutions together with their children, as well as the life of the minors who remained outside the prison during the imprisonment of the parents were regulated. Early in the 19th century, the condition of Polish prisons did not meet even the contemporary standards. The authorities of the Duchy attempted to introduce reforms, and prison law (literally: ‘arrangement of state prisons’) was drafted, yet the unstable situation in the country aggravated by the lack of funds did not allow its implementation.

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Dzieje II Katedry Prawa Administracyjnego i Nauki Administracji na Wydziale Prawno-Ekonomicznym Uniwersytetu w Poznaniu w latach 1919–1939

Author(s): Przemysław Marcin Żukowski / Language(s): Polish Issue: 1/2015

From the moment of its institution, the University of Poznań envisaged studies in law and economics within a single faculty. This required separate classes in a single subject for the legal section on the one hand, and for the economic and political one on the other. The issue covered the lectures in administrative law and administration science, therefore two different chairs were set up to cover the educational needs. The first of them, lecturing for the legal section, was efficiently entrusted to Professor Stanisław Kasznica. In turn, no appropriate person was found among the faculty for the Second Chair, which operated since 1933. The opinion poll conducted in 1920/21 among the professors did not bring positive results, as B. Wasiutyński employed in its wake moved to Warsaw in 1925.

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Instytucja sędziego śledczego w okresie międzywojennym

Author(s): Krzysztof Eichstaedt / Language(s): Polish Issue: 1/2014

The article presents the crowning of the works of the Codification Commission working on a draft of the Criminal Procedure Code between the two world wars. The Code came into force on 1st July 1929, introducing judicial inquiry, and police and prosecution investigation to the Polish model of criminal procedure. The article discusses crucial features of investigation and judicial inquiry, the instances that manage them, and the circumstances in which they were resorted to, at the same time pointing to the role that a investigating magistrate had in a criminal procedure, and the dependence of such a magistrate on the prosecutor. A large part of the work is devoted to the discussion of advantages and disadvantages of the position of investigating magistrate, as functioning in the Polish model of criminal procedure between the world wars.

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Działalność drużyn egzekucyjnych w Polsce Ludowej

Author(s): Jan Meler / Language(s): Polish Issue: 1/2014

The article is devoted to an analysis of the organisation and operation of the system of death penalty execution in post-second-world-war Poland, and the dependence of the solutions applied by the NKVD. The investigation moves from the questions of legal grounds, via the organisation of execution squads, their equipment and uniforms, to the technical questions of the actual administration of death penalty.

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Jana Adamusa droga ku naukowemu niebytowi

Author(s): Jacek Matuszewski / Language(s): Polish Issue: 1/2014

The article presents the complicated history of the works and achievements of the founder of Medieval Studies Centre at the Faculty of Law of the University of Łódź, Jan Adamus. The eminent researcher of bygone judicial law criticised the political system of the state of the kings of the House of Piast approved by the Polish historiography by the authority of Oswald Balzer. The text quotes ways of avoiding references to the claims of Jan Adamus or glossing them over resorted to by historians, and literature containing material assessment of his achievements, to point finally at some of the reasons that resulted in near absolute avoidance of including the criticism of his predecessors flung by the Łódź-based medievalist.

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Międzywojenne piśmiennictwo i orzecznictwo we współczesnych podręcznikach prawa karnego oraz komentarzach do kodeksu karnego

Author(s): Maciej Rakowski / Language(s): Polish Issue: 1/2014

The author of the article seeks an answer to the question whether the works published in the recent years make reference to the achievements of the Polish criminal law science from the time between the two world wars. The study focuses on the most common publications, that is academic course books (designed for students) and commentaries on the code (addressed to practitioners). They contain fairly numerous references to the works of criminal lawyers active in the Second Republic of Poland (usually Juliusz Makarewicz, Wacław Makowski, Leon Peiper, Stefan Glaser, and Aleksander Mogilnicki). The course books in criminal law present basic questions and therefore the rulings of the courts (also contemporary) are hardly ever quoted in such publications. References to the judgements of the Supreme Court of the Second Republic of Poland, also from the pre-code period, are in turn present in the contemporary commentaries to the criminal code. The materials gathered allow the statement that various contemporary authors, also co-authors of collective works, make use of the achievements of the criminal lawyers of the Second Republic to a different degree. It is worth noting that if a recently published work contains references to pre-war literature on the subject and court judgements, it usually draws conclusions different from those of other authors. Such a status quo proves that bygone literature and judgements are still useful for the interpretation of the binding regulations of criminal law.

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Stosunek polskich elit do prawa francuskiego po upadku Napoleona – zarys problemu

Author(s): Michał Gałędek / Language(s): Polish Issue: 1/2018

The focus of our research is on the argumentation applied by this part of the Polish intellectual and legal elites, which took it upon itself to defend the French law in force on Polish territories in the most difficult moment, immediately following the collapse of the Duchy of Warsaw. On the eve of establishment of the Kingdom of Poland, the further fate of Napoleonic Code and of its accompanying French codes seemed set in stone. The new ruling elites, headed by Prince Adam Jerzy Czartoryski, secured the approval of tsar Alexander to abrogate the laws in place as quickly as possible. The prevailing atmosphere of hostility toward all things French and revolutionary left no illusions as to the further fate of Napoleonic codes and, moreover, made it difficult for anyone to defend this codifi cation openly, as it was deemed foreign to Polish customs and traditions. The proposal to retain it could not withstand the confrontation with the catchy idea of replacing it with a national codification. How was this situation faced by such outstanding lawyers as Antoni Bieńkowski, Jan Wincenty Bandtkie or Antoni Wyczechowski, who on the one hand appreciated the quality, modernity and universality of French codes, as well as the fact that the process of their adaptation on the Polish territories had been bringing some effects over the recent years, and who on the other hand noticed the lack of alternatives to the difficulties posed by creating a similar work referring to the heritage of Polish legal culture?

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Ewolucja ustroju polskich najwyższych władz wojskowych w latach II wojny światowej

Author(s): Piotr Krzysztof Marszałek / Language(s): Polish Issue: 1/2018

The war obliges the state authorities to equip them with new competences. It is often necessary to establish new ones, especially in the field of the supreme military authorities. The Polish government was prepared for such a situation and adopted a draft decree on the supreme military authorities during the war. The President of the Republic of Poland signed it on the day of the commencement of warfare against Poland on 1 September 1939. Unfortunately, the authors of this act did not foresee the necessity for the highest state, civil and military authorities to leave the territory of the country and continue their activity in exile. There was a need to amend the existing solutions. The presented deliberations show the process of their evolution from regulations characteristic for the authoritarian system to regulations typical for a democratic state. It is shown against the background of more general transformations taking place in Polish political circles operating in exile, initially in France and then in Great Britain, as a result of the takeover of the Polish government by the opponents of the pre-war authoritarian governments in Poland.

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„Przestępstwa wrześniowe” w orzecznictwie Sądu Specjalnego w Katowicach (Sondergericht Kattowitz). Część I: przestępstwa przeciwko życiu

Author(s): Konrad Graczyk / Language(s): Polish Issue: 1/2018

The two-part study concerns the so-called “September crimes” (i.e. the actions of Poles on grounds of nationality against Germans after the outbreak of World War II) in the jurisprudence of the Special Court in Katowice (Sondergericht Kattowitz). The general statistics of “September crimes” judged by Sondergericht were divided into three categories: crimes against life, crime against health and crimes against freedom. In the first part of the study an analysis of proceedings in cases concerning “September crimes” against life was conducted. Particular attention was paid to the quality of the evidentiary proceedings conducted by the court, the legal and factual presumptions used, the consideration of the credibility of particular evidence and the legal classifi cation of crimes. The first part of the study also discusses the jurisprudence of other special courts operating in Poland in these matters, first of all the Special Court in Bydgoszcz (Sondergericht Bromberg). In outline, war activities in Upper Silesia at the beginning of September 1939 were also presented, with particular reference to places where “September crimes” took place, which then came under the judgment of the Sondergericht Kattowitz.

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Funkcjonowanie urzędów gmin wiejskich w dystrykcie lubelskim Generalnego Gubernatorstwa w latach 1939–1944.

Author(s): Bartłomiej Ługowski / Language(s): Polish Issue: 1/2018

Central and district administrative offices of the General Government were staffed and controlled by Germans, however Poles were placed in many less important positions, such as management of municipalities or municipal enterprises. Polish law was to remain in place unless it diverged from the taking over of the administration by the German Reich. The article uses archival materials. The issues connected with the functioning of municipalities in the Lublin district of the General Government in the 1939–1944 were discussed in specific examples. The author of the article shows the method of nomination and layoff village heads. In addition, the article shows the activity of village heads in the matters that were imposed by the German authorities during the occupation, in particular the collection of quotas and the recruitment of labour to work in the Third Reich.

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Polscy romaniści w czasie II wojny światowej

Author(s): Bożena Czech-Jezierska / Language(s): Polish Issue: 1/2018

The article is an attempt to establish the Polish Roman law scholars’ fates in the period of 1939–1945. Second World War changed their lifetimes dramatically. Some of the scholars were arrested, some of them were murdered, some of them had to leave Poland. After the German and Soviet invasion of Poland in September 1939 Polish academics were not permitted to give lectures, so higher education of lawyers, including Roman law lectures, transformed into underground education at secret law faculties all over Poland. Despite the difficulties, Roman law – as a university subject – was constantly taught in all centres of legal education in Poland.

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Wpływ stanu wojennego w Polsce na status prawny związków zawodowych

Author(s): Marcin Kazimierczuk / Language(s): Polish Issue: 1/2018

Introduced in December 1981 martial law is one of the most important events in the history of the newest Poland. This event initiated the return to monism in the Polish trade union movement. According to the decree on martial law issued by the Council of State, all trade unions were suspended. The purpose of this article is to present the impact of this tragic event in the history of Poland on the legal status of trade unions at that time and to show a rapid regress in the construction of a limited trade union pluralism that followed the events of The Coast in August 1980.

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