O niektórych prawnych aspektach stanu wojennego wprowadzonego w Polsce 13 grudnia 1981 roku

Abstract

Among all forms of communist repressions used in PRL, the introduction of the martial law on 13 December 1981 was one of the most tragic and negative one. Around 100 people died, and over 10 000 were interned. The common courts convicted 1685 people, including 979 on the basis of the martial law regulations, for crimes caused because of the political reasons in the martial law period. The army courts convicted 10191 people, including 5681 for the crimes within the decree on the martial law. The legislation of the martial law introduced 26 new types of criminal acts into the system of criminal regulations. Also, 11 new crimes and 15 new offences were introduced. The intricacy of the negative results of the martial law, referring to the individual or personal cases, is difficult to cover. It concerns, among other things, work dismissal, forced emigration, illnesses and state of psyche of the people undergoing persecution. Despite the quarter of the century that has passed, including 15 years of the functioning of the totalitarian system, the question on the form of responsibility used with respect to both those who committed vile acts and tragedies by means of a baton, weapon, assassination attacks, and even murders, but also those using false acts of conviction or court verdicts has not been answered. It is worth remembering that there are such people among them who claim that it was as early as 1982 that the history proved that they were right. It is reflected in the opinion expressed by Jaruzelski at that time: “We are not afraid of the truth — it is the history that proved we were right”.