7 PRAWO W DZIAŁANIU LAW IN ACTION 38/2019 DOI: 10.32041/pwd.3801 Maria Stanowska* First Attempts at Undoing the Consequences of Violating the Rule of Law in 1944–1956** I. DEVELOPMENT OF LEGAL AND FACTUAL CONDITIONS ENABLING THE APPLICATION OF SEVERE REPRESSIVE PUNISHMENTS The end, in May 1945, of World War II in Europe and the liberation of the Polish territory from the German occupation did not bring Poland full independence. The new authorities, recognizing the superior role of the Soviet Union, did their best to break any resistance on the part of the society that objected to limitation of the Polish state’s sovereignty. In order to achieve the purpose, state terror was applied in 1944–19561. Criminal law, enforced with the help of the system of justice and investigative bodies ensured effective fi ght against political opponents. Care was taken to cre- ate adequate conditions which would make it possible to apply severe repressions, among others, through the enforcement of decrees passed by the Polish Committee of National Liberation: the Criminal Code of the Polish Army2 of 23 September 1944 and the Decree on the protection of the State3 of 30 October 1944, with the sanction of capital punishment in every provision, as well as the Decree of Council of Ministers of 16 November 1945 on crimes particularly dangerous at the time of rebuilding the country4, replaced with the Decree of the same name of 13 June 19465 (the so-called ‘little criminal code’). The severity of repressions was further enhanced by the Decree of the Council of Ministers of 16 November 1945 on summary proceedings6, allowing the imposition of capital punishment or life imprisonment * Marta Stanowska is a Doctor of law sciences, retired Member of the Offi ce for Studies and Analyses of the Supreme Court, Poland, Email:
[email protected] ** The manuscript was submitted by the author on 12 December 2018; the manuscript was accepted for publication by the editorial board on 6 March 2019.