Criminal Liability for Statements in the Light of the Case Law Generated by Regional Courts in Regions Incorporated into Poland Following World War II

Abstract

The Decree of June 13, 1946, on offences posing a particular threat to state reconstruction (the so-called Little Criminal Code) was one of the key legislative instruments incorporated into Poland’s communist penal law. The Decree was intended not only to combat political opposition but also to force Polish society into obedience towards the communist authorities. This particular aim was also achieved by adopting rules which penalized spreading gossip, insulting the state’s political system and the possession of disloyal writings. Of special interest in this context is the commission of such crimes by persons displaced into the formerly German land incorporated into Poland at the end of World War II. The author outlines the findings of research on political crimes at a time when new social and state structures were being constructed.