Uwarunkowania normatywne i systemowe przestępstwa politycznego w Polsce w latach 1944/1945–1997

Abstract

Political crimes constitute a specific “set” of prohibited acts undertaken by the perpetrator in specific historical and political conditionalities. In the Criminal Penal Code of 19 April 1969 and in the Penal Code of 6 June 1997, the legislator distinguished the factual states circumstances of acts directed against the State that bear the features of punishable acts of a political nature. After 1944/1945, the concept of “counter-revolutionary crime” was developed in the doctrine of communist criminal law. However, after the breakthrough of 1989, in the new social and political reality, it was necessary for the legislator to respond to the acts committed in the previous system, consistent with the legal norms of that time, but classified under new legal and political circumstances as crimes committed on behalf of state authorities or as state crimes. Thus, individual acts, in different circumstances, had a certain political potential and should be treated as political crimes.