Zbrodnie sądowe sędziów i prokuratorów stanu wojennego jako zbrodnie komunistyczne

In: Przegla̜d Sejmowy / Kancelaria Sejmu: dwumiesie̜cznik, S. 35-60

Abstract

In seven landmark resolutions passed after 2019, the Supreme Court has authorised the prosecution of martial law judges and prosecutors. A democratic legal state, based on the tri-partition and balance of powers, must take special care to ensure that the judiciary is self-controlled as the one not subject to counterbalancing by the other two powers. The resolutions of the Supreme Court allow for accountability of crimes committed by the judiciary, which constitute communist crimes, and thus meet public expectations. The article presents the grounds for criminal liability of martial law judges and prosecutors, the concept of communist crime, judicial crime, the facts assessed by the Supreme Court in its resolutions and the forms of judicial crimes committed by judges and prosecutors.