Special Courts

Special Courts

: "This is an article on the Polish special courts during World War II. For information on the infamous German special courts during the same period see: Sondergerichte"

Special Courts (Polish "Sądy Specjalne") were the underground courts organized by the Polish Government in Exile during World War II in occupied Poland. The courts determined punishments for the citizens of Poland who were subject to the Polish law before the war.

History

After the Polish Defense War of 1939 the German authorities of the General Gouvernment mobilized all the pre-war Polish policemen to the German service. The so-called Navy-Blue Police ("Policja granatowa", nick-named after the colour of their uniforms) were used as an auxiliary unit of the Gestapo and Kripo, yet they had no means of executing law and order in the occupied country. At the same time the German police forces and courts were more interested in persecution of Jews and members of Polish intelligentsia and underground rather than common criminals.

That is why on April 16, 1940, the Polish Government in Exile in London decided that the underground Polish courts be created for persecution of criminalists, traitors, informants and collaborators. Contrary to common belief, the Special Courts tried only the pre-war citizens of Poland who were legally subjects of the Polish law. No citizens of other states (including members of the occupying forces of Germany and USSR) were ever sentenced by the Special Courts. However, at times such claims were made by the Bureau of Information and Propaganda for propaganda reasons; nevertheless, executions of members of the SS and Gestapo were treated as elements of partisan warfare. The reason for such policy was a belief that the agendas of the Polish Secret State should act as if the occupation and dismemberment of Poland never happened.

Polish special underground courts reviewed about 10,000Klaus-Peter Friedrich. Collaboration in a "Land without a Quisling": Patterns of Cooperation with the Nazi German Occupation Regime in Poland during World War II. "Slavic Review", Vol. 64, No. 4, (Winter, 2005), pp. 711-746.] -17,000 [John Connelly, Slavic Review, Vol. 64, No. 4 (Winter, 2005), pp. 771-781 ] cases of collaboration, sentenced over 3,500 individuals to death (2,500 executions were carried out; many others were sentenced to punishments like beatings or finesStanisław Salmonowicz, "Polskie Państwo Podziemne", Wydawnictwa Szkolne i Pedagogiczne, Warszawa, 1994, ISBN 930205500X] ).

Debate

There is an on-going debate whether the World War II Polish Special Courts were lawful and obeyed the elementary laws. According to the historians working for the Institute of National Remembrance the courts fulfilled the five basic conditions:
# The courts operated in the name of the Polish State and were subject to both pre-war Polish law and the wartime legislation.
# The courts penalized mostly the misdeeds included in the pre-war Polish law. Most of the trials were related either to high treason or collaboration.
# There are no sources that would claim that the Special Courts sentenced anyone without sufficient evidence of guilt.
# The Special Courts were always trying to reach the lawful verdict. 40% of all the judicial procedures ended up with the defendants found not guilty. 25% of the verdicts were capital punishment, while the rest included lash, infamy, banishment or fines. In many cases the prosecution was suspended until the final liberation.
# All of the procedures of the Polish law were obeyed. The only exception to that rule was the case of the so-called "preemptive liquidation", when a person known for being a German spy or collaborator had to be executed before he could denunciate the resistance net.

However, some German historians claim that after 1939 Poland did not exist, and the execution of Polish law on German-held territory was therefore against international law. These claims remain controversial, since the annexation of Poland in 1939 was unilateral and acknowledged only by the Axis Powers and the USSR (which later declared its pact with Germany null and void).

ee also

* Państwowy Korpus Bezpieczeństwa

Notes

Further reading

*Leszek Gondek, "Polska karząca", Warszawa, 1988


Wikimedia Foundation. 2010.

Игры ⚽ Нужно сделать НИР?

Look at other dictionaries:

  • special courts — Bodies within the judicial branch of government that generally address only one area of law or have specifically defined powers. Dictionary from West s Encyclopedia of American Law. 2005. special courts …   Law dictionary

  • Courts-martial in the United States — are criminal trials conducted by the U.S. military. Most commonly, courts martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice (or UCMJ), which is the U.S. military s criminal code.… …   Wikipedia

  • Courts of the United States — include both the United States federal courts, comprising the judicial branch of the federal government of the United States (operating under the authority of the United States Constitution and federal law) and state and territorial courts of the …   Wikipedia

  • Courts of Pennsylvania — include: State courts of Pennsylvania Supreme Court of Pennsylvania[1] Superior Court of Pennsylvania (3 districts)[2] Commonwealth Court of Pennsylvania[3] Pennsylvania Courts of Common Pleas (60 judicial districts)[4] Special Courts of… …   Wikipedia

  • Special Criminal Court — The Special Criminal Court ( ga. Cúirt Choiriúil Speisialta) is a juryless criminal court in the Republic of Ireland which tries terrorist and organized crime cases. Article 38 of the Constitution of Ireland empowers the Dáil to establish special …   Wikipedia

  • Courts of England and Wales — This article is part of the series: Courts of England and Wales Law of England and Wales …   Wikipedia

  • Courts of justice of Norway — The structure of the Courts of Justice in Norway is pyramidic and hierarchic with the Supreme Court at the apex. The conciliation boards only hear certain types of civil cases. The District Courts are deemed to be the first instance of the Courts …   Wikipedia

  • Courts of Scotland — Scots law This article is part of the series: Law of Scotland Administration …   Wikipedia

  • Special Criminal Court (Irland) — Der Special Criminal Court (irisch: Cúirt Choiriúil Speisialta) ist ein Strafgericht ohne Jury in der Republik Irland in dem Fälle von Terrorismus oder organisiertem Verbrechen verhandelt werden. Artikel 38 der irischen Verfassung ermächtigt den… …   Deutsch Wikipedia

  • Courts of Maryland — include: State courts of Maryland Maryland Court of Appeals[1] Maryland Court of Special Appeals[2] Maryland Circuit Courts (8 judicial circuits)[3] Maryland District Courts[4] Federal courts located in Maryland …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”