Activities for the Independent Existence of the Polish State in the Light of the Jurisprudence of Criminal Courts

Abstract

This article analyses the concept of activities for the independent existence of the Polish State in the light of the current jurisprudence of Polish criminal courts. Selected judgments were presented in which the courts decided whether certain behaviours and actions could be considered as a manifestation of the struggle for the sovereignty of the state and whether they met the conditions provided for in Art. 1 section 1 of the Act of 23 February 1991 on the recognition as invalid of judgements issued against persons repressed for activities for the independence of Poland, convicted by the courts and security organs of the communist state for activities incompatible with the ideology of the authorities of the Polish People’s Republic related to the desire for the independence of Poland.

The analysed regulation allows the State Treasury to award compensation for the damage suffered and compensation for the harm suffered resulting from the issuance or enforcement of a decision. The competent and entitled authority awarding these damages or redress is the district court or military district court which issued a declaration of invalidity. The proceedings are based on the provisions of Chapter 58 of the Code of Criminal Procedure on compensation for wrongful conviction, pre‑trial detention or detention.

The concept of acting for the independent existence of the Polish state is therefore crucial in the context of declaring judgments invalid and awarding compensation and compensation based on the so‑called February Act. It indicated how criminal courts assess the motivation and nature of acts that in the past were classified as crimes against the communist regime, and which are now considered to be acting in a just cause – defending independence, democracy and human rights. The analysis includes selected decisions of district, appellate and Supreme Court courts. The study also cited examples of the most interesting facts that were the subject of hearing by criminal courts that decided cases based on act.