CEU eTD Collection Sovietization of the Romanian Criminal Justice System Justice Criminal theof Romanian Sovietization Subordinating Justice in Communist Romania: The Romania: Communist in Justice Subordinating In fulfillmentof the partial Submitted tothe CentralSubmitted European University, Supervisor: Constantin Iordachi Supervisor: Constantin SecondŢârău reader: Virgiliu Cojocariu Maria Andreea DepartmentHistory of Budapest, Hungary (1945 requirements for Master thedegreeArts of of 2011 By -
1953)
CEU eTD Collection the with accordance in made copies instructions may permissionmade ofth thewritten without not be Further made. such copies of part a be must page This librarian. the from obtained be must Details Library. European Central the in lodged b given instructions the with accordance onlyin made be may part or full in either process, any by Copies Author. the with rests thesis this of text the in Copyright Statement ofcopyrightStatement ii
e Author. y the author and author y the
CEU eTD Collection criminal law. the that demonstrate to is aim my Accordingly, dimension. legal a extent certain a to repression, political gave Romania of government communist the effect, into came code penal new a I stages. different at Romania to transplanted were practices and concepts, legal institutions, judicial type Soviet focus my under period the during that argue I Code). (Penal legislation criminal arra the discuss I precisely, tack communist the of context the within 1953 In this thesis I address the judicial and legal systems of Romania from 1945 to 1945 from Romania of systems legal and judicial the address I thesis this In repressive nature of the regime was upheld by the ideological interpretation of of interpretation ideological the by upheld was regime the of nature repressive
also argue that beginning in 1948, when a Soviet a when 1948, in beginning that argue also ngement of the judiciary and several amendments brought to to brought amendments several and judiciary the of ngement ABSTRACT iii
- over of Sovietization of Romania. More Romania. of Sovietization of over
- type constitution and constitution type - CEU eTD Collection BIBLIOGRAPHY CONCLUSION 4.2.2. 4.2.1. order……………………………………………………………………………………... 4.2. 4.1 CHAPTER 4: 3.3.Romanian criminal legislation from 1953………………… 1948to amendments…………… crimi Romanian 3.2. 3.1. The administration of criminal justice inRomaniafrom 1945to1953………… FromLaw. Justice” to“People’s “Bourgeois Justice”……………… 3: CHAPTER criminal2.3. Soviet law………………… and 1938…… 1917 between administration justice criminal of system Soviet the of features Main 2.2. 2.1. Juridical theSovietization Romanian and of Judicial Systems……… the Toward Avenues Romania. Communist in Justice Subordinating 2: CHAPTER 1.3. 1.2.1. 1.2. 1.1. CHAPTER Framework… 1: Theoretical INTRODUCTION……………………………… ABSTRACT…………………………………………… .
Article 209:“plotting thesocial against order”…………………………………… toward Romania’s path Sovietization: to criminal law……………………………… Fram Soviet The context. totalitarian the example…………………… within law criminal of role the to Approached The “rule law” of principle……………… From acts of plotting against the social order to offences of plotting against the socialthe against offencesplotting of orderto social against plottingthe of actsFrom
S The theProcuracy………………………… Securitateand The question of legality………………… entencing the ework for discussing the Soviet influence on the Romanian judiciary and and judiciary Romanian the on influence Soviet the discussing for ework ……………………………………………………………………………
Communist Romanian Romanian Communist h Sveiain f h Rmna Jdca Sse ad Criminal and System Judicial Romanian the of Sovietization The ………………… ……………… nal legislation until 1948. The penal code of 1936 and its subsequent its and 1936 of code penal The 1948. until legislation nal “ enemies ofthe people’s ………………………………………………………………... TABLECONTENTS OF ………………………………………………………... ……………………………………………………... …………………………………………………… Criminal Justice ……………………… …………… iv
no
”………………………………………... ………………………………………… ………………………………………...
rule oflaw……………… ……………………………………. ……………………………………… ……………………………….. …...
in Operation…………… in …………………... ……………………… ……………………… ……………… ……………… ……… …………. ……… …….. … … … … … ..58 ..51 ..42 . .67 .16 .38 .42
.33 62 23 21 60 48 59 28 17 71 15 ii 57 28 .5 i
CEU eTD Collection 3 terms comingto value. juridical no has R the emphasizes itself it because past Report the of judgment the moral a as Commission, stands it Moreover, the of work the of result the was “condemnation” communist of functioning the is It criminal”. upheld which apparatus, and institutional the was “illegitimate “condemnation” this of subject as the that mention to important regime communist Romanian the “condemned” officially President http://www.presidency.ro/pdf/date/8288_en.pdf 2006], December 18 Parliament, Romanian the sesson of joint Analysis the for Commission Presidential the by Report 2 http://www.presidency.ro/static/ordine/RAPORT_FINAL_CPADCR.pdf See 2007). (Bucureşti: Humanitas, 1 former The 1961. to 1958 from second the and 1953 to 1948 from first the periods: main two identified report the of authors the frame, time this within repression of peaks t to Referring 1948). in (starting regime communist the of consolidation the and 1945) take the differentiated: be can period this of stages Two opposition. i assert to began Party the army, occupation Soviet the from support with II, War World of end the pluralism. political and society civil against assaults regime’s new the justifying for actions the of result regimecommunist as regimeby atotalitarian imposed foreigndictate. this on Party the of structures institutional the and apparatus Party the into research pages, hundred eight over In a prepared Commission Romania. in Dictatorship Communist the of http://www.presidency.ro/pdf/date/8288_en.pdf The Speech given by given Speech The The Final Report of the Presidential Commission for the Analysis of Communist Dictatorship in Romania in Dictatorship Communist of Analysis the for Commission Presidential the of Report Final The The Speech given by given Speech The The Commission emphasized that the communist dictatorship in Romania was the was Romania in dictatorship communist the that emphasized Commission The the for Commission The established presidency Romanian the 2006, In Report ts political supremacy by intimidating, humiliating, and repressing any potential potential any repressing and humiliating, intimidating, by supremacy political ts
with its communist history. history. withits communist te ed f h Rmna sae fiily nosd h Romanian the endorsed officially state Romanian the of head the ,
the President of Romania, T. BăT. Romania, of President the
the President of Romania, T. Bă T. Romania, of President the of a limited group of individuals who used the communist ideology communist the used who individuals of group limited a of
Final Report Final regime in Romania, and not the great mass of Party members. Although this this Although members. Party of mass great the not and Romania, in regime also:
Introduction
on the communist system in Romania, analytical Romania, in system communist the on
. (accessed January2011). . (accessed (accessed January 2011). January (accessed 5 sescu
sescu, on the occasion of the Presentation of the the of Presentation the of occasion the on sescu, of Communist Dictatorship in Romania Romania in Dictatorship Communist of ,
(accessed January 2011). January2011). (accessed
During his sp his During
omanian society’s need of of need society’s omanian 2
- vr satn in (starting over eech, the Romanian Romanian the eech, - state. Analysis
[during a a [during 1
B
ased 3 this this
At he he
CEU eTD Collection only 1948 tribunal. military a before brought and criminalized were order” social the against plotting of “acts which through the of function repressive ideological legality dime legal a extent, certain a to and constitution I latter, the on especially Focusing issues these amendments and judiciary 1945 to1953. for achieving interests. ideological its instrument goals and ideology Party’s to subordination their of because compromised and discredited were institutions state and affected directly were people of thousand of hundred of lives the Consequently, labor forced ma and and prison sentences, deportations, assassinations, through politics repressive consequence ofthe de the of initiation the with coincided
In this thesis this In its out carried regime communist Romanian the regime, totalitarian a As f h ciia jsie administration justice criminal the of s
these institutions could judge the “enemies of the regime”. However, the the However, regime”. the of “enemies the judge could institutions these interpreta of repression is a relevant example of how the Party utilized state institutions institutions state utilized Party the how of example relevant a is repression of within the context of the communis the of context the within
Moreover, I Moreover,
a new Penal Code came into effect into came Code Penal new a . The transformation The . , I , tion of criminal laws criminal of tion gnlzto o udsrbe niiul ad oil groups. social and individuals undesirable of rginalization -
Stalinization campaignStalinization launched inEurope in1956. will
My selection of a military court is not random since starting in starting since random not is court military a of selection My regime
will will brought to criminal legislation (Penal C (Penal legislation criminal to brought
address focus on two focus on . In order to demonstrate this I will analyze will I this demonstrate to order In . nsion. Accordingly, in this this in Accordingly, nsion. will will Stalinization
the judicial and judicial the
of the judicial and legal framework legal and judicial the of argue that beginning in 1948, when a Soviet type Soviet a when 1948, in beginning that argue
and not the content of those laws laws those of content the not and 6 complementary arrangement lines: the
t take t
process in Romania and the lat the and Romania in process . as am to aim also I , the regime gave political repression, repression, political gave regime the ,
- legal framework legal over and Sovietization of Romania. Romania. of Sovietization and over hss I thesis
eosrt ta the that demonstrate ode). I will approach will I ode).
s will will
of
Romania from Romania
s into s cuiie the scrutinize
the process the upheld the upheld ter was a a was ter
efficient
of the of
CEU eTD Collection methods. persuasive int criminal his confess or makehimadmit to was the accused guilt of the prove wayto 5 1948. August on established Romania 4 offensesreflect ideologically were apolitical interpretedto inorder aim. legalized regime the which repression. through process the reconstructing for approachable more are which sources as stand sentences court However, testimony. oral an or source histo another to it comparing without least at establish, to impossible is offense real a of dimensions the reflects record interrogatory an which to extent the cases, of majority accuse were subject inquiriesby conducted to the who individuals by emphasized as records, Interrogatory approaches. different that, aware be must repression political of “judicialization” the about write to aims who researcher the regime, the of function repressive the understanding for relevance their Despite genres. th of that, tasks the mention of for depending to important essential is It are regime. which the of documents function repressive issued the understanding institutions these court, the or office, witnesses, the accused, the Securitate the as such actors therehand,institutional onewere the On repression. political legalizing I research. selected pattern anidentifiable agenda. itwithout or my for relevance particular no has thesis this on focus I tribunal military
The Romanian term for the Department of State Security, the secret service (se service secret the Security, State of Department the for term Romanian The This happened especially when the objective side of the crime was inexistent. In this context, the only only the context, this In inexistent. was crime the of side objective the when especially happened This cnesd ne pyia ad scooia pressure. psychological and physical under confessed d t s motn t mnin ht sever that mention to important is It , 4
hs s eas i te et o cut etne oe a se o ordinary how see can one sentences court of texts the in because is This the Prosecutor’s office, the bar, and the courts. On the other hand, there were there hand, other the On courts. the and bar, the office, Prosecutor’s the as historical sources, investigatory reports and court sentences require require sentences court and reports investigatory sources, historical as
e institution that created it, these are documents of various various of documents are these it, created that institution e n te nomns B i the it Be informants. the and
Securitate 7
al actors were involved in the process of of process the in involved were actors al , could reflect a fabricated guilt, whichthe fabricated reflectcould a ,
Securitate 5
Consequently, in the the in Consequently, cret police) of communist communist of police) cret te Prosecutor’s the ,
entions or acts using using acts or entions rical rical CEU eTD Collection Europe Eastern 6 under published chapters book or articles of series a in rule communist the during justice complexity transformations during theearly rule ofthecommunist inRomania. judicial regime communist the to loyal individuals for to order in dismissed were magistrates 1000 that more when 1945, of events the to approach Deletant’s 1945. to prior system judicial Romanian the to unknown were accused, the of background social the on emphasis the example for aspects, their of some illustrates and trials political Deletant communist Romanian of opponents. origin Soviet regime’s the addresses established newly the eliminating of means primary Romanian years communistrule in of Gheorghiu Romania: Deletant Dennis by authored book the is contribution recent more 1959. in published was it that emphasize must one Romania, of case the addressed Gr Kazimierz and Gsovski Vladimir by edited II, War World following Europe Ro communist two the Although in trials political topics. these neglect considerably scholars Western scholarship and present in Unfortunately, justice criminal of administration aevidence case. tobuild inorder Ther latter. the monitoring
Vladimir Gsovski and Kazimierz Grzybowski eds., eds., Grzybowski Kazimierz and Gsovski Vladimir n oai, coas ae prahd h tpc f diitain f crimin of administration of topic the approached have scholars Romania, In of framework larger the into integrated be can thesis this of topic The approach an of complexity the and considerations, space and time to Due both i both
(New York: Frederick A. Praeger, 1959). 1959). A. Praeger, (New Frederick York: fr, dsead h process the disregard I efore, nterrogatory records and court sentences, in this thesis I focus only on on only focus I thesis this in sentences, court and records nterrogatory - volume book on the expansion of Soviet jurisprudence in the Eastern the in jurisprudence Soviet of expansion the on book volume - e ad h Plc Sae 1948 State, Police the and Dej
, Deletant’s book 8 Government, Law and Courts in the Soviet Union and Union Soviet the in Courts and Law Government,
hog which through
,
is essential for understanding the the understanding for essential is
emphasizes - 1965 A iqiy no h e the into inquiry An . the ,
the use of terror as the terror as of the use Communist Terror in Terror Communist Securitate Securitate
make way make zybowski collected mania.
arly arly that 6
al A
CEU eTD Collection 2009). IvanPolirom, (Iaşi: regime communist the of Politics Transformation”. administraţie şi ideologie între comunist regimului ale Politici Socialistă” “Transformarea [Stage 9 (1948 ofthe Securitate 8 http://www.crimelecomunismului.ro/en/about_iiccr/insti consequences”. its as well as Romania, in regime ofthe totalitarian 7 failed transformation law. ofcriminal article Coman’s Nevertheless, significance. ideological in their recounting by engineering also social but policy, this implemented that decrees and laws of the only not order chronological process planned carefully a re as the judiciary that showing in succeeded regime Coman the reign. which its through stages established the reflected laws these of each that emphasized re the in laws 1968 and 1952, 1948, 1947, Moreover, judiciary. Romanian the of structure the defined that reforms institutional main the on focusing by topic this approached Coman communists, Romania. “publi different addressed which a studies in eight Coman of Ramona collection by published article an of topic the is government communist administrating “justice”. in involved in actors other police address not political does book the the Romania, communist of activity the is research the of focus the because However, regime”. the of “enemies the repress to used legislation the about information important the of activity of decades two first the on research Oprea’s Marius Romania. in Crimes Communist of Investigation the for Institute the of auspices the
Founded in 2009, IICCR is an institution which aim aim which institution IICCR is an 2009, in Founded Marius Oprea, Oprea, Marius Ramona Coman, “Ipostaze ale comunismului românesc. Despre crearea şi funcţiile instituţiei judiciare” judiciare” instituţiei funcţiile şi crearea Despre românesc. comunismului ale “Ipostaze Coman, Ramona s of the Romanian communist regime. About the creation and the purposes of the judicial system] in system] judicial the of purposes the and creation the About regime. communist Romanian the of s h hgl poaadzd rfr o jsie crid u b te Romanian the by out carried justice” of “reform propagandized highly The 9
ie te opeiy f h jrsrdnil noain ipeetd by implemented innovations jurisprudential the of complexity the Given Bast ionul Cruzimii. O istorie a Securităţii a istorie O Cruzimii. ionul - 1963)], (Iaşi: Polirom, 2008). Polirom, (Iaşi: 2008). 1963)],
- organization of the judicial system. The author author The system. judicial the of organization
9
between ideology and administration], ed. Ruxandra Ruxandra ed. administration], and ideology between is to “analyze the nature, the purposes, and the effects effects the and the purposes, nature, the “analyze isto
tute
(1948 . (accessed January 2011). January2011). (accessed . - 1964) [Fortifications of cruelty. A history history A cruelty. of [Fortifications 1964)
plce” n communist in policies” c Coman referred to the the to referred Coman - o Securitat gnzto o the of rganization
o ics the discuss to
the process of of process the
[“The Socialist Socialist [“The e
included 8 7
CEU eTD Collection 2001). Humanitas, Editura (Bucuresti: communist leader] 12 life. intellectual Romanian ofthe interwar representatives thelast in fact intellectuals, Romanian other and Pillat, Dinu poet the and Noica Constantin philosopher the Noica were accused The 1997). Humanitas, Editura (Bucureşti: trial] 11 1 1952 septembrie 10 of trial the trial show major a of dimension political the assessed general and book her in Moreover, topics. specific both as trials political addressed author the because mentioned events Hungaryand in the1958retreat troopsfrom ofSoviet Romania. 1956 the followed which politics repressive government’s communist Romanian within course.M determinedits factorswhichas time the of contexts political national and international the emphasizes also he but itself, trial Stalinist last the of a statement intolerance of theregime’s criticism. toward case this making in took authorities communist that efforts the especially trial, the the narrative, its constructing While trial. 1952 the in sentence death the received who individuals seven the of one (1952). trial show Canal Sea newspapers and sources oral sources, archival Using trials. show propagandized highly the on mainly focused have researchers st
Stelian Tănase, Tănase, Stelian ], (Bucureşti: Editura Humanitas, 1995). 1995). Humanitas, (Bucureşti: Editura ], Lavinia Betea, Betea, Lavinia Doina Jela, Jela, Doina aii Btas otiuin o h historiograph the to contribution Betea’s Lavinia offe which volume impressive an wrote Tănase Stelian that mention to has one trials, political on scholarship Romanian the Concerning L. Pătrăşcanu L. au Ncia Dumitru Nichita Cazul
[Nichita Dumitru case. Attempt of reconstructing a communis a reconstructing of Attempt case. Dumitru [Nichita Lucreţiu Pătrăşcanu. Moart Pătrăşcanu. Lucreţiu Anatomia mistificării: Procesul Noica Procesul mistificării: Anatomia - style show trial held in Romania. in held trial show style
, the first communist minister of justice. In accordance with the with accordance In justice. of minister communist first the , 10
author succeeded in depicting the atmosphere surrounding atmosphere the depicting in succeeded author Lucreţiu Pătrăşcanu. Moartea unui lider comunist lider unui Moartea Pătrăşcanu. Lucreţiu
Written as a literary work, this book presents the story of story the presents book this work, literary a as Written . necr d rcnttie uu poe cmns. 9 august 29 comunist. proces unui a reconstituire de Încercare
ea unui lider comunist lider unui ea articles, Doina Jela focused on the Danube the on focused Jela Doina articles, 10
oreover, the author contextualized this trial thiscontextualized author oreover, the - Pillat -
ilt ra ws s a was trial Pillat
[Anatomy of mystification. The Noica The mystification. of [Anatomy 11 conducted in communist Romania: communist in conducted
Tănase’s focus is not only on the on only not is focus Tănase’s
[ o ti tpc ut lo be also must topic this of y Lucreţiu Pătrăşcanu Lucreţiu
rs a comprehensive image image comprehensive a rs how trial held in 1960. The The 1960. in held trial how t trial. August 29 August trial. t
. The death of a of death The . - September September 12 , Betea, - Black - Pillat Pillat - 1 CEU eTD Collection of command to 1940 from II, War World During II. Carol King of 14 crowd in the leader, Individual, 13 si brought dictatorships) Antonescian and Carlist (the regimes previous to unknown not was repression political that Notwithstanding period. whic argument of oftheRomanian judicial theSovietization andlegal the within trials such address I thesis, this In public. larger the to unknown remained o because and apparatus propaganda the of attention the “enjoy” not did therefore and trials show not were trials These trials. mass on focused which approach an therefore t designating by wrongdoing any of himself scapegoats various problems. social for exonerated ruler the actions of types surviva the and imposition the for means essential as trials political defined Betea context, this In level. general a on trials political examines and apparatus propaganda communist the of dimensions various the communist regimul în mulţime interferences. political/ideological from autonomy of degree judiciary’s Romanian the questions volume Betea’s study, case single a on s advisors Soviet the of supervision direct the under conducted was trial this that concluded author the consulted, sources archival hrough which the regime organized, legalized, and exercised its repressiveness lacks lacks repressiveness its exercised and legalized, organized, regime the which hrough
From February 1938 to September 1940, Romania was a monarchical dictatorship under the personal rule rule the personal under monarchicaldictatorship a was Romania September to 1940, 1938 February From Lavinia Betea, Betea, Lavinia h I am focused on meant new developments as compared with the pre the with compared as developments new meant on focused am I h oiia rpeso crid u truh uiil ehnss uig h period the during mechanisms judicial through out carried repression Political means a as trials political communist on scholarship Romanian present, At gnificant changes. Therefore, the argument of my thesis develops along two two along develops thesis my of argument the Therefore, changes. gnificant
marshal I. Antonescu. I. marshal Psihologie politică. Individ, lider, mulţime în regimul communist regimul în mulţime lider, Individ, politică. Psihologie
communist regime] (Iaşi: Editura Polirom, 2001). 2001). Polirom, Editura (Iaşi: communist regime]
13 , another i another , l of the communist dictatorship, because through these these through because dictatorship, communist the of l
ent to Romania after 1944. Although focused focused Although 1944. after Romania to ent 11 mportant study written by Betea, approaches Betea, by written study mportant 14
1944, Romania was an authoritarian state under the the under state authoritarian an was Romania 1944,
I mhsz ta te omns regime communist the that emphasize I , shlge oiiă Idvd lider, Individ, politică. Psihologie framework.
[Political psychology. psychology. [Political
- communist communist f this this f CEU eTD Collection Romania. communist 17 16 Romanian. into translated and journals Sovietlegal various S By name. his above was articles the signed who person the of position professional the or training professional 15 exercised repression political concerning argument my which in framework theoretical NationalStudy for Council the of the of possession the into are documents archival These sources. primary my complete subseq with 1948, and 1936 of codes penal (the laws criminal and judiciary, the of organization youngparticularly scholars. legal a reference a be to journal this aimed board editorial the (1945), edition first the of foreword the in stated As assessors). (people’s panels court in people the of representatives and government, communist Romanian the scholars legal Soviet and by published articles the of authors The Romania. in realm legal the of transformation socialist the of analysis contemporary ongoing an provides journal The Romania, in Jurists of Union tool origin analyzing asa Soviet it Romania byforand repressioncommunist arguing its in political of framework legal and judicial the approach I since lines; research primary
“Foreword”, “Foreword”, Founded in 1999, CNSAS is the institution that administrates the archives of the former secret service of of service secret former the of archives the administrates that institution the is CNSAS 1999, in Founded the cases, some In jurisprudence. in education higher with individuals to referring am I scholars legal By
oviet legal scholars in particular, I am referring to the authors of those articles taken from Pravda or Pravda from taken articles those of authors the to referring am I particular, in scholars legal oviet of political repression et mnmns. etne pse b te iiay rbnl f h Iş region Iaşi the of Tribunal Military the by passed Sentences amendments). uent hs t This the journal the from articles works, published of series a on based is thesis This The legal sources can be differentiated into laws and decrees concerning the re the concerning decrees and laws into differentiated be can sources legal The Justiţia Nouă Justiţia utţa Nouă Justiţia hesis is divided into four chapters. In the first chapter, I will provide a a provide will I chapter, first the In chapters. four into divided is hesis
1 (1945): 2. 2. (1945): 1
15 . , Romanian officials from officials Romanian ,
s eeat o te prah ta approach the for relevant is
Justiţia Nouă Justiţia 16
Securitate 12
(New Justice), legal, and archive materials. archive and legal, Justice), (New d gie o jdca pronl n also and personnel judicial for guide a nd
Archives (CNSAS) inBucharest.Archives (CNSAS)
the Ministry of Justice, members of members Justice, of Ministry the Justiţia Nouă Justiţia ken in this thesis because it it because thesis this in ken
were Romanian were 17
- CEU eTD Collection as before framed brought andoffences were (PRR) Romania of Republic People’s the of order social the against of system penalties. the and offence political of conceptualization the concerning Romania of Codes Penal 1948 and 1936 the between ruptures and continuities the analyze I sections, assesso people’s of introduction the on focus became through justice” “bourgeois stages which the were what show will I practice, legal Romanian to jurisprudence l of transplantation the concerning argument Sovietization. of context the within Romania in justice guiding thei principle the emphasizing in interested particularly am I Here law. criminal Soviet of features main addressthe Ialso 1938.to will 1917 from justice criminalof administration lite secondary using a I and 1952 and 1948 of constitutions the on focus I Accordingly, Romania. of Sovietization legal jurisprudence transplantsRomania. Soviet from the to forced discussing for approach methodological a construct to attempt I Second, legality. releva concepts several discuss I sense, this In integrated. be can mechanisms judicial through nt for my analysis, such as rule of law, transitional justice, soci justice, transitional law, of rule as such analysis, my for nt In the fourth chapter I will will I chapter fourth the In approach will I chapter, third the In chap second the In rgue that their provisions enabled the the enabled provisions their that rgue
mplementation ofcriminal Soviet legislation. rature, I will briefly present the main features of the Soviet Soviet the of features main the present briefly will I rature, ter, I will I ter,
the Military Tribunal of Iaof MilitaryTribunal the re
the give the background of the communist take communist the of background the give construct the the construct “people’s justice”. In this sense, I place special special place I sense, this In justice”. “people’s 13
hne i te diitain f criminal of administration the in changes rs into judicial panels. In the subsequent subsequent the In panels. judicial into rs Soviet from concepts and practices egal imsa o te ue f a iel Then, ideal. law of rule the of dismissal process through which acts of plotting of acts which through process şi region. şi
In order to demonstrate my my demonstrate to order In
Moreover, al engineering al
I will will - over and over analyze analyze , and and , s
CEU eTD Collection natureregime. ofthe PRR ind sentence and prosecute, actors institutional main the by issued documents . My
aim is o cuiieteetn o w to extent the scrutinize to
ividual(s) accused ividual(s) 14
hich these hich of plotting against plotting
hc wr entitled were which actors utie the sustained the social order of the the of order social the o investigate, to repressive CEU eTD Collection of political repression. to unknown prior concepts legal and practices, judicial various 1947/8, in starting that argument my of basis the at lays which transplant, legal of theory the on focus will I Moreover, law. criminal of administration the to approach and Soviet the between similarities the discussing for approach Idevelopment. concerning approachinthe will issue section this legality. transi of process a was This transformation. Socialist the of implementation the helped legislation ideological an engineering. that argue social will I of Moreover, instrument an as justice criminal used regime communist the In legitimacy. lacked which order, social new a to traditional afrom transition of period a regimescommunist was of establishment the how emphasize I context, Soviet the on focus my narrowing by Moreover, rule. to right their assuring sy judicial and legal the used rulers totalitarian legitimacy, lacked regimes totalitarian of establishment the because that emphasize will I state. totalitarian the eroded governments totalitarian legitimacy own legal oftheir principle, this of provisions the disregarding law” of “rule the approach jud through exercised repression In the last part of this chapter, I will focus on constructing a methodological methodological a constructing on focus will I chapter, this of part last the In a in law criminal of role the to approaches scholarly the examine will I Second, political the discussing for framework theoretical a provide will I chapter this In CHAPTER 1:
ideal ideal regulation. ca mcaim i a oaiain society totalitarian a in mechanisms icial s ter o governance of theory a as THEORETICAL
15
FRAMEWORK tion which known various stages of of stages various known which tion
Romanian became the keys the became Romanian
I will I . this sense, I will argue that that argue will I sense, this the communist Romanian communist the
tm a a ol for tool a as stems
mhsz that emphasize
Frt I First, . tones tones , by by , will CEU eTD Collection 21 Communis after Law of 20 law. binding onlylegally the became law law, positive customary or natural legacyof sovereign’ the of construct a is law that view the consecrated eighteenth Furthermore, challenged. seriously time first the for was state of affairs because century sixteenth the in However, conscience). and reason human especially and nature, human is sources whose lawmaker); distinguish sources: different and three from law”, derived law “positive of types main expression three the between introduce to first the were theologians scholastic context, th of bulk The laws). urban twelfth 19 Pre 18 in law of use instrumental the limiting functions and oflaw. thepurposes inv which concept, judiciary”. independent an by enforced and interpreted rules stable public, clear, of basis the on retrospectively, simpl of form the “takes law of rule the of understanding conventional the that argued Czarnota, Adam and Krygier rise ofthe politicalsystems liberal existence. articulated its the and liberalism on debates century’s eighteenth and seventeenth late the and tradition law’s of rule the enriched authorities secular and ecclesiastical between jurisdictions l the binding law the or law the under governance for pleaded who philosophers, Roman The “rule1.1. oflaw” principle aw
Martin Krygier and Adam Czarnota, “The Rule of Law after Communism”, 4. 4. Communism”, Lawafter of Rule “The Czarnota, Adam and MartinKrygier in AnIntroduction” Communism. Lawafter of Rule “The Czarnota, Adam and MartinKrygier Tamanaha Brian Brian Tamanaha, Tamanaha, Brian ss, - aig oe a gaate o cvl rights. civil of guaranties as power making 2002), - century disputes between subjects of ecclesiastical law and subjects of secular law (royal, feudal, feudal, (royal, law secular of subjects and law ecclesiastical of subjects between disputes century atn ege sgetd he iprat set o ti iel s mean a as ideal this of aspects important three suggested Keygier Martin volume the of study introductory the In T he essence of the “rule of law of “rule the of essence he u divinum jus
7 - 14. the Church lost its hegemonic grip, the authority of both Divine and Natural law over over law Natural and Divine both of authority the grip, hegemonic its lost Church the Theory Politics, History, Law. of Rule the On , On the Rule of Law of Rule the On m
olves various considerations about the values which shape the the shape which values the about considerations various olves , eds. Martin Krygier and Adam Czarnota (Dartmounth: Ashgate, 1999), 4. 1999), Ashgate, (Dartmounth: Czarnota Adam and MartinKrygier eds. , and revelation); divine of source a from derived law (the ese disputes questioned the sovereign’s supremacy as a source of law. In this In law. of source a as supremacy sovereign’s the questioned disputes ese 20
e, s jrsrdnil oi, h rl o lw s complex a is law of rule the topic, jurisprudential a as Yet,
rcps o isiuin: uih ny rsetvl, not prospectively, only punish institutions: for recipes e , 15 , 21
- 32. The Medieval The 32. ”
ideal
16 eortc oite: oenet y law by government societies: democratic
origin ueo a atr Communism after Law of Rule
s legislative authority will. Superseding any any Superseding will. authority legislative s 18 roots of the rule of law ideal go back to the to back go ideal law of rule the of roots ates back to Ancient Athenian Ancient to back ates
(Cambridge: Cambridge University University Cambridge (Cambridge: h mdea cmeiin over competition medieval The 19 j us positivum us
- century Enlightenment Enlightenment century
u naturale jus (the law given by the the by given law (the
The Rule Rule The , Martin ,
(the law law (the
and for for - , CEU eTD Collection 25 it. prohibits that legal provision established refe Podgorecki Adam 24 23 22 in Arendt Hannah decades. few last the over scientist political and sociologists, historians, Soviet example The la criminal of role the to Approaches 1.2. the by agencies enforcedthem,their legal which violations waslawless order constant to subject were laws those because but laws, certain with law of rule legal the without or existed rules “law influences, of ideological system by distorted a highly provisions by regulated society a in that argued Spina La Antonio to Aiming liberties. and law enacted giving by distorted be could ideal law suchintrusion, as ideological interference. challenge”. governments that desideratum legal and rules legal by confinable and “confined are officials political that means it words, other In life. public in counts which in culture political and legal a involves Keygier to according The aspect, second arbitrariness. political the decreasing and for quarantines stability basic the as to laws refers of predictability aspect first The rights. and law, under government
Antonio La Spina, “Law and Totalitarian Effectiveness”, 51. Effectiveness”,51. Totalitarian “Lawand LaSpina, Antonio MartinKryg Law”, ofthe Rule and “Marxism MartinKrygier. Antonio La Spina, “Law and Totalitarian Effectiveness” in in Effectiveness” Totalitarian and “Law Spina, La Antonio The Origins of Totalitarianism of Origins The rd o eult bfr lw n pnsiiiy f gvn eair ny n codne ih pre a with accordance in only behavior given a of punishibility and law before equality to, rred ”. 24
Totalitarianism has been a historiographical topic which has challenged challenged has which topic historiographical a been has Totalitarianism twentieth Europe’s In other ier, “Marxism and the Rule of Law”,642 ofthe Rule and “Marxism ier,
and Vittorio Olgiati (Aldershot UK: Dartmouth, 1996), 51. By “rule of law”, La Spina, Spina, La law”, of “rule By 51. 1996), Dartmouth, UK: (Aldershot Olgiati Vittorio and words, La emphasizedSpina howtotalitarianin accordanceruled regimes
explain the interaction between law and totalitarian regimes, regimes, totalitarian and law between interaction the explain - century dictatorial experience demonstrated how the rule of of rule the how demonstrated experience dictatorial century
by
and ( 1951),
under
23 and Carl Friedrich and Zbigniew Brzezinski in Brzezinski Zbigniew and Friedrich Carl and Law and Social Inquiry Social and Law 17
law assure citizens’ protection from a from protection citizens’ assure law
- 644.
wti te oaiain context. totalitarian the within w
Totalitarian and Post and Totalitarian 22 supremacy over supremacy
h tid set ees o the to refers aspect third The . 25
15, n 15, o. 4 (1990): 4 643. o.
constitutional rights constitutional - Totalitarian Law Totalitarian
rbitrary
, e , law law ds. ds. - CEU eTD Collection 30 29 28 e 27 Linz, J. Politics and Government Theory, Regimes: Democratic Totalitarianismului 26 P. by explained As legitimacy. lacked inherently regimes totalitarian government, government. of form legitimate and democratic regulations ofsocial for and all aspects personal life. their designedrulers manipula “constantly situations”. changeable was politically systems totalitarian in laws of content the itself”.law the than “moreimportant was argued Podgorecki to order in procedures safeguard ideological ideas. coercive and persuasive various of use constant the second, a imposing powerby monopolizes who party) single (a elite ruling small a of existence the first, rule: totalitarian of characteristics main two emphasized has literature scholarly Recent topic. becau topic, this on studies twentieth Autocracy and Dictatorship Totalitarian ds. Adam ds. Podgorecki
Juan J. Linz, JuanJ. Issues and Concepts Law: “Totalitarian AdamPodgorecki, Issues” and Concepts Law: “Totalitarian AdamPodgorecki, Adam Podgorecki, “Totalitarian Law: Concepts and Issues” in Issues” and Concepts Law: “Totalitarian Podgorecki, Adam aii Sa, Te mrcn eae vr h E the over Debate American “The Stan, Lavinia Totalita T Discussing otalitarian regimes came to power by illegitimately overturning a traditional or traditional a overturning illegitimately by power to came regimes otalitarian - etr ttltra rgms Nwdy, hs bos r rgre a classic as regarded are books these Nowadays, regimes. totalitarian century n ideology on society which aims to conform all aspects of human life, and life, human of aspects all conform to aims which society on ideology n Totalitarian and Authoritarian Regimes Authoritarian and Totalitarian rian and Authoritarian Regimes Authoritarian and rian
[The
and Vittorio Olgiati (Aldershot UK: Dartmouth, 1996), 20. 20. 1996), Dartmouth, UK: Olgiati (Aldershot Vittorio and that law in totalitarian societies had a preconceived function, which which function, preconceived a had societies totalitarian in law that totalitarianism totalitarianism
own “legal reality”,“legal own
rhvs f Totalitarianism], of Archives
26 se, since their publication, much has been learned about this this about learned been has much publication, their since se,
28 and law law and
n te wrs Pdrci lie ta totalitarian that claimed Podorecki words, other In
(Colorado: Lynne Rienner Publishers, 2000). 2000). Publishers, LynneRienner (Colorado:
which consisted of consisted which 27 (1961), made the first attempts to conceptualize to attempts first the made (1961),
18 The author explained that the interpretation ofinterpretation the that explained authorThe , 53. 53. ,
s oily nerltd variabl interrelated socially as
(Houndmills: Palgrave Macmillan, 2000), and Juan Juan and 2000), Macmillan, Palgrave (Houndmills:
(94, 40 (1994), 4
”, 26. ”, 30 , 20. 20. , 29
sne f oaiains” in Totalitarianism” of ssence en non Being
Totalitarian and Post and Totalitarian -
42. ideologically motivated legalideologicallymotivated
Also see Paul Brooker, Brooker, Paul see Also - eortc ytm of systems democratic
- Totalitarian Law Totalitarian e t reflect to ted
es, Adam Adam es, Arhivele Arhivele Non -
CEU eTD Collection 1992), Press, 35 românesc 34 vii. 1961), Press, University 33 32 31 goals these of achievement the out carried apparatus party communist the Tismăneanu, a culture, and life intellectual of regimenting the land, of ownership private of abolishment ends. social or economic specific at commu how stressed Tismăneanu Vladimir context, Soviet the within engineering social of idea engineering. social of instrument an became justice of administration in only and carefully applied be should term the Nevertheless, justice. reforming of policy regimes’ communist describing in useful be can justice transitional term the context, different demo a to dictatorial a from transition political of process a through going are that states by enacted policies and period of a transition toward new social order. process a as non a which through systems juridical and judicial Romanian of Sovietization the regime. approach political his and ruler the both for legitimacy creating for rule. to right their underpin to order in measures coercive use to have they goals, collective than rather private pursue legit Brooker, d h isrmnaiain f h jdca sse ad rcdr. s xlie by explained As procedure. and system judicial the of instrumentalization the nd
Paul Brooker, Brooker, Paul Brooker, Paul Otto Kirchheimer, Kirchheimer, Otto Vladimir Tismăneanu, Tismăneanu, Vladimir Raluca Grosescu and Raluca Ursachi, Raluca and Grosescu Raluca nists attempted to transform society through various engineering programs aimed aimed programs engineering various through society transform to attempted nists actions judicial of range wide a to refers generally justice” “transitional term The
[Transitional justice. From Nürnberg to post Fromto Nürnberg [Transitionaljustice.
31. 31. connection with the transition toward the “new socialist order”, in which the which in order”, socialist “new the toward transition the with connection Non Non mc mas te ih t rule”. to right “the means imacy
- - Political Justice. The Use of Legal Procedure for Political Ends Political for Procedure Legal of Use The Justice. Political Democratic Regimes Democratic Regimes Democratic - Reinventing Politics: Eastern Europe from Stalin to Havel to Stalin from Europe Eastern Politics: Reinventing legitimate regime claimed and consolidated its right to rule durin rule to right its consolidated and claimed regime legitimate cratic system of governance. of system cratic
32
In this context, the legal and judicial systems became tools became systems judicial and legal the context, this In Justiţia penală de tranziţie. De la Nürnberg la postcomunismul postcomunismul la Nürnberg la De tranziţie. de penală Justiţia , 100. 100. , 100. , 35
oe rcsl, uh rgas oue o the on focused programs such precisely, More 19 - communist Romania] (Iaşi: Polirom, 2009), 16. 2009), Polirom, (Iaşi: Romania] communist
31
34 oevr bcue oaiain rulers totalitarian because Moreover,
Therefore, albeit generally used in a in used generally albeit Therefore,
33 (New York: T York: (New
(Princeton, Princeton Princeton (Princeton,
prahn the Approaching n hs hss I thesis this In he Free he
g a g CEU eTD Collection 40 163. 1977), Norton, (New a York, C.Tucker as Stalin under system Soviet 39 the orders its of implements and power ofpseudo help with the paradigm of monopoly the the holds elites of ruling a which popularity in dictatorship The hierarchical 1. 1993), Press, University 38 37 36 engi social re Stalin twenties, coercion”. without society classless a of prevision criminal e of andinstrument litigation civil of cases bourgeois a as law understood Bolsheviks the argued, Sharlet as Moreover, prosecution). both (including law to approach Stalinist terror made and useof approach. law significant this terror”. on based dictatorship subjects. its ruled e power paradigm, in force the which by law the was it opposition; of suppression the for means a than more was terror regimes totalitarian for s also Arendt domination”. totalitarian of essence the is “terror that argued Arendt H. issue, this Concerning nature. repressive their discussing when government whole. as societythe also but individuals, only not repressing at aimed politics various through
Robert Sharlet, “Stalinism and Legal CulLegal and “Stalinism Sharlet, Robert in Culture” Legal and “Stalinism Sharlet, Robert Arendt, Hannah Tismăneanu, Vladimir Arch J. Getty and Roberta Manning, Manning, Roberta and Getty J. Arch 36 of forms totalitarian with associated concepts first the of one perhaps is Terror Robert
neering”.
a as a “monolithic and unitary dictatorship whose existence and survival were were survival and existence whose dictatorship unitary and “monolithic a as rly scholars of Soviet history def history Soviet of scholars rly The Origins of Totalitarianism of Origins The Sharlet provided a useful differentiation between the Bolshevik and the and Bolshevik the between differentiation useful a provided Sharlet ooi ad oil oto wih ol hne te elzto o their of realization the hinder could which control social and conomic 38 - conceptualized this vision by transforming law into an “instrument of “instrument an into law transforming by vision this conceptualized
- militarypart between relationship the study to began who experts Nevertheless, 40 Reinventing Politics Reinventing
Consequently, according to Sharlet “terror was “terror Sharlet to according Consequently,
yorganizations
ture”, 163. 163. ture”, tlns Tro: e Perspectives New Terror: Stalinist , 31 , - , New York: Harcourt Brace Jovanovich, 1975. 464. 1975. Jovanovich, Brace Harcourt New , York: 32. 32. Stalinism. Essays in Historical Interpretation Historical in Essays Stalinism.
20 has to be understood in the Cold War context. War Cold in the understood be has to
ined the system develop system the ined
39
oee, einn i te late the in beginning However, 37
(Cambr usrbn t this to Subscribing legalized ed under ed idge: Cambridge Cambridge idge: uggested that that uggested
ed. Robert ed.
Stalin and the and
’s a CEU eTD Collection Kirchheimer, in Otto quoted 46 45 662. 1970), Brill, E.J. 44 43 1. 42 41 times. the Therefore, of circumstances the with accordance in fluctuated legality of type This it that was legality beshould strictly observed isobeyed. principle the that imply consequently country”. the in legality no be will there them, fulfill not do officials the and citizens the if but laws, best the have can 1.2.2. The any therule to commitment of societal law principle. regardless lawof of use theinstrumentalwas justice criminalsystemof Soviet the coreof socialist to conform to individuals shaping with law mandated regime Stalinist the how emphasized author the rule, Stalinist during history. Soviet in law Claiming and terror between relationship paradoxical the to approach behaviors was process criminal Kucherov, Samuel Peter Solomon, Peter Solomon Jr., Peter 164. Culture”, Legal and “Stalinism Sharlet, Robert Samuel Kucherov, Kucherov, Samuel
aod emn “oit a Reform Law “Soviet Berman, Harold “[o]ne that emphasized Kucherov Samuel operation, in justice Soviet Analyzing book, his In According to Harold Berman, the distinctive feature of the communist concept of of concept communist the of feature distinctive the Berman, Harold to According . that 41
question of legalityquestion Soviet jurisprudencedistinguished Soviet
terror was neither the only, nor even the main form of social control used control social of form main the even nor only, the neither was terror Soviet Criminal Justice Criminal Soviet The Organs of Soviet Administration of Justiceof Administration Soviet of Organs The Soviet Criminal Justice under Stalin under Justice Criminal Soviet The Organs of of Organs The
eoe bt party both denoted Soviet Criminal Justice under Stalin under Justice Criminal Soviet politicized Political Justice Political
Soviet Administration of Justice: their history and operation and history their Justice: of Administration Soviet
44 ” by criminalizing certain undesirable political and social social and political undesirable certain criminalizing by ”
, 6. 6. , s uhrv rud te exi the argued, Kucherov As - aeie ocw 97 in 1957” Moscow Dateline , 45
285. of legality, of
- subservient institutions and party loyal citizens. citizens. loyal party and institutions subservient
21
between three forms of legality: “bourgeois legality:“bourgeois of forms three between
(Cambridge: Cambridge University Press, 1996), 1996), Press, University Cambridge (Cambridge:
meaning the requirement that all laws all that requirement the meaning 43 order.
, 661. 661. , ,
Peter Solomon took a si a took Solomon Peter 42 ae a Journal Law Yale
As Solomon explained, the explained, Solomon As tne f as os not does laws of stence Vl 6 ( 66 Vol. ,
criminal
(Leiden: milar 1957) 46
CEU eTD Collection 168 pages see Stalin, under oflaw positivist a of era the opening formally stability the for argued Stalin defe constitution, Soviet 1936 the of promulgation ofthe of context the need the in that mention to important is It legality”. “socialist of notion the on conceptualizing on focused theoreticians focused ideology communist argued 51 Kirichheimer oppressive. mask. withdifferent a but dominance, of an instrument law changed, remained being for legality” “bourgeois 50 49 48 withlegality”. “revolutionary the in accordance lawsenforced by only Party,ruled 47 and industrialization theresultslegitimize of andlegality” essentialinstitutionalize was to achieved was which establ laws, of fulfillment and observance aut political new revolutionary rule toa and planned exercise disciplined of power. the revolution to legality associating by hand, other the On development. of stage higher a to society elevate to struggle regime’s new progress. and liberation of instrument the emphasize to order in legality” “bourgeois opposed precisely legality” “revolutionary an as it used which order, how emphasized it hand, revolution the from power. of conquest the after immediately emanate which laws those described concept situation”. factual a of requirements practical the by “governed order state institutions. individual both from law to observance require to order in legality” “socialist the or legality” “revolutionary the either invoked theoreticians legal communist ideal, law’s legality”,
Otto O Otto the authority, political supreme the that stated law of theory Soviet the war, civil the of year the During Robert Sharlet, “Stalinism and Soviet Legal Culture”, 179. By the end of the 1930s, because the the because 1930s, the of end the By 179. Culture”, Legal Soviet and “Stalinism Sharlet, Robert tto Kirchheimer, Kirchheimer, tto
smn o h e oil order. social new the of ishment Kirchheimer, Kirchheimer, As R. Sharlet explained, “socialist legality” aimed to describe a higher degree of degree higher a describe to aimed legality” “socialist explained, Sharlet R. As legal a as legality” “revolutionary of concept the explained Krichheimer Otto “revolutionary legality”, and “socialist legality”. “socialist and legality”, “revolutionary
Political Justice Political Justice Political Political Justice Political
law was in the hands of a new revolutionary social and political and social revolutionary new a of hands the in was law - 178. 178.
, 288. 288. , 285. , , 286 , - derived jurisprudence. For more details concerning the stabilization stabilization the concerning details more For jurisprudence. derived
-
287. In this context, the new force of power denounced the old old the denounced power of force new the context, this In 287. 51
49 However, according to Krichheimer, “socialist Krichheimer, to according However,
22 This concept had a dual meaning. On the one the On meaning. dual a had concept This
nding the revolutionary conquests, Soviet legal legal Soviet conquests, revolutionary the nding that although the balance of power power of balance the although that 47
In the absence of the rule of rule the of absence the In
50 upsdy fe the after supposedly
hority elevated its its elevated hority 48 r government ary
In practice this practice In Accordingly,
of the laws, laws, the of s and s CEU eTD Collection espe concept this countries in European reception law common English addressed Watson 21. 1993), Press, Georgia 55 (696). ofStalinist regime. legalorder star legality” “socialist of concept the (1956), USSR the 54 64. 1963), Press, 53 52 transplant”. “legal of concept the coined across count one from flow law of circulation the describe frontiers.To national which ideas of level the on operate rules legal how emphasized Watson perspective, comparative a from society and law between relationship the Addressing groups some of interests the precisely, more or society, of interests Romanian the on influence and judiciary criminallaw Soviet the discussing for Framework 1.3. officials, excepting organizations, orinstitutions, th citizens, from only demanded was law the with compliance reality, in that, was legality country. developing a into control exist the assure to was purpose a whose terror, to addition as law of understanding the reflected legality” “socialist to approach Stalin’s that argued Berman precisely, More terror. and law between relationship the co this address they because thesis this to relevant particularly legal procedures. citize and institutions all established expressly through administration government by the of agencies law the of observance the forcing by this did It collectivization. 298. Culture”, LegalSoviet and “Stalinism Sharlet, Robert Otto Kirchheimer, Kirchheimer, Otto Alan Watson, Watson, Alan Harold Berman, Harold According to Alan Watson, laws do not simply “mirror” society, but reflect the the reflect but society, “mirror” simply not do laws Watson, Alan to According are legality” “socialist of framework the concerning observations Berman’s Legal Transplants. An Approach to Comparative Law Comparative to Approach An Transplants. Legal
Justice in th in Justice 52 Political Justice Political
e USSR: An Interpretation of Soviet Law Soviet of Interpretation An USSR: e
, 685. It is important to mention that after the Twentieth Congress of of Congress Twentieth the after that mention to important is It 685. , 53
h pclaiy f h cmuit prah to approach communist the of peculiarity The 55
At the basis of this concept, the author laid the laid author the concept, this of basis the At 23 .
ted to be use in order to stress a departure from the the from departure a stress to order in use be to ted
e Party. cially in the context of Roman law and and law Roman of context the in cially ence of a system based on total on based system a of ence 54 , 2 ,
nd University Harvard (Cambridge:
ncept within the context of of context the within ncept
edition (Athens: University of of University (Athens: edition ry to another, Watson another, to ry
within the society. the within necessity s and ns
in CEU eTD Collection 62 61 435 2006), Pub, Elgar Edward (Cheltenham: liberation example, for 60 whole, as society of 59 group small relatively 58 a is movements. force pressure a societies 57 56 ( model legal foreign a of imitation the that explained Sacco Rodolfo legal force. certain military of intervention of implementation the pressure”, “external under authority. its under law place to aim ruler’s new a as imposition. forced or agreements voluntary either through cr or administrative, legalmajority(private, areasthe the in of borrowedbeen exclusively oftheaccordance withthe will elite. in monop elite ruling the societies totalitarian Party. the was force” “pressure this suggested, Watson interest. mutual a share elite ruling existing the and aims) right the with (individuals force” “pressure a when occurs change legal a societies democratic in that explained Watson tradition, benefits. (apparent) its observe and rule foreign a know contro with those because but structure”, social the of consequence inevitable “the was rule certain abecause not develop laws that argument Jörg Fedtke, “Legal Transplants”, 436. 436. Transplants”, “Legal Fedtke, Jörg Alan Watson, AlanWatson, Change”, Legal Lawand “Comparative AlanWatson, 326. Change”, Legal Lawand “Comparative AlanWatson, Change”, Legal Lawand “Comparative AlanWatson, Alan Watson, “Comparative Law and Legal Change”, 324 Change”, Legal and Law “Comparative Watson, Alan ög ete “ea Taslns in Transplants” “Legal Fedtke, Jörg Concerning legal transplants, Jörg Fedtke emphasized that foreign ideas have have ideas foreign that emphasized Fedtke Jörg transplants, legal Concerning
Legal Transplants Legal
, 89. 89. ,
62
Arguing for the comparability of different legal systems, legal different of comparability the for Arguing
- la Eccoei t Cmaaie Law Comparative to Encyclopedia Elgar 436.
24
lzd h Pry lgl hne occurred changes legal Party, the olized common by together bound who vote, to 333. 333. Journal Law Cambridge 59
l over the law making process came to to came process making law the over l
- 333.
61
In this regard, Fedtke stressed that stressed Fedtke regard, this In
56 Accor
Focusing on the Western legal Western the on Focusing
58 60
57 ding to the author, in democratic democratic in author, the to ding Watson described the latter the described Watson osqety bcue in because, Consequently,
n ttltra sae as state, totalitarian a In
37, no. 2 (1978): 315. 2 315. no. (1978): 37,
ideas requires the the requires ideas
ed. Jan Smith Smith Jan ed. iminal law), iminal .. legal i.e.
CEU eTD Collection East 64 intervention. military well as to as prestige to due for reference of point a as stands century nineteenth the of half first the in Europe Law Comparative 63 or development, offensive [1944/5 democratic values accelerated pluralism of destruction an by accompanied was which takeover, communist the identified: be can region this Vladimir As history. of dist two chapter emphasized, Tismăneanu establish well a nowadays is II War World of end East in Union Soviet the by launched transformations institutional an of functioning the regulate to organized societ order in authority political the by enforced laws justice. administrates words other in or laws, the applies the to refers judiciary) the as known (also former between differentiate I Conceptually, 1953. to 1948 from second the and 1947 to 1945 from lasted first the process: this of stages main two Chronologic law. criminal of evolution the and judiciary the of reorganization the on focuses and period this in situated is thesis My stages. different at Romania to transplanted were ideas and practices juridical and institutions, judicial Marxist (prestige) ruleas or selectiveadaptationlegal or “a ofparticular institutions transplantation
Rodolfo Sacco, “Legal Formats: Formats: “Legal Sacco, Rodolfo Vladimir Tismăneanu, Introduction to to Introduction Tismăneanu, Vladimir - Central Europe Central That the Sovietization Sovietization the That this In - Leninist ideology) and Stalinist (originating from (originating Stalinist and ideology) Leninist
hss age ht rm 95 o 1953 to 1945 from that argue I thesis ocr ete a “h efc o a ieped pol widespread a of effect “the as either occurs ) 39 (I), no. 1 (1991): 3 (1991): 1 no. (I), 39 y.
(Budapest: Central European Press, 2009), 4 2009), Press, European Central (Budapest:
St A Dynamic Approach to Comparative Law” in Law”in Comparative to Approach ADynamic
fRmnaws ato awd ag fielgcl and ideological of range wide a of part was Romania of lnzto [1947 alinization inctive periods of the early post early the of periods inctive Stalinism Revised. The Establishment of Communist Regimes in in Regimes Communist of Establishment The Revised. Stalinism - 4. The spread of French legal rules and institutions throughout throughout institutions and rules legal French of spread The 4.
25
/8 - 1953].
ytm f courts of system judicial and juridical systems. The The systems. juridical and judicial - 5. 5. , revolutionary (originating from from (originating revolutionary
64 The latter describes the set of set the describes latter The
the legal orde legal the
codn t E A Rees, A. E. to According ally, I differentiate between differentiate I ally, - 1947]; andthe communist 1947]; - - war Soviet politics in politics Soviet war Central Europe at the the at Europe Central The American Journal of Journal American The
legal transplants trigged trigged transplants legal
that interprets and and interprets that tcl movement” itical r of the USSR) USSR) the of r s” . 63
CEU eTD Collection 84 1999). Company, and (London: Hurts 68 Revised 67 66 2008),1. Publishing, Academia Period Postwar the on Perspectives 65 ends ofthe political the suit to system judicial “the trimmed law “ criminal of text the the in terminology and assessors” “people’s the of introduction the system, con Romanian legal institutions, judicial countries. communist accordancethe USSR. withthose of in agencies and institutions state molding by began Sovietization of process the war, byImplemented post its over East autonomy ofsocia of aspects Party the of consolidation the all through society ideologizing and politicizing meant Sovietization out, pointed author st the by provided etc.) cultural, social, economic, (political, environments various into USSR the in developed rule of methods and structures institutional of transplantation the involved Sovietization
E. A. Rees, “The Sovietization of Eastern Europe”, 11. See also 11. Europe”, ofEastern Sovietization “The A. E. Rees, 5. Europe”, ofEastern Sovietization “The A. E. Rees, Dennis Deletant, Deletant, Dennis in Europe” Eastern of Sovietization “The Rees, A. E. - eta Erp i qetoal, coas ae mhszd ht h US control USSR the that emphasized have scholars questionable, is Europe Central , 3. 3. , t s n th in is It master “Soviet a of existence the Although
Communist Party”Communist - a shrs f nlec followed influence of spheres war et Dni Dltn epaie that emphasized Deletant Dennis text, communist cadres who cadres communist omns Tro i Rmna Gheorghiu Romania: in Terror Communist s otx ta oe a t apoc te rnfrain f utc in justice of transformation the approach to has one that context is l, economic, andl, economic, cultural sub In other words, other In ates of Eastern and Central Europe after 1945. after Europe Central and Eastern of ates
concepts
. 68
eds. Balázs Apor, Péter Apor, and E.A. Rees (Washington: New New (Washington: Rees E.A. and Apor, Péter Apor, Balázs eds.
- 86. 86. 67 ad practices and ,
one has to analyze the introduction of Soviet of introduction the analyze to has one
returned to their home countries at the end of the of end the at countries home their to returned 26 -
state, which monopolized and limited “the limited and monopolized which state,
- systems”. - plan” concerning the Sovietization of Sovietization the concerning plan” h Sveiain f atr Europ Eastern of Sovietization The Adesn ti ise ihn the within issue this Addressing . similar patterns of development. development. of patterns similar
Vladimir Tismăneanu, Tismăneanu, Vladimir
- e ad h Plc Sae 1948 State, Police the and Dej h rognzto o te court the of reorganization the 66
co unterrevolutionary” unterrevolutionary” 65
Moreover, as the as Moreover, Stalinism Stalinism e. New New e. - - type 1965
CEU eTD Collection 19 Europe, Eastern in Bloc DennisDeletant, see Communist a of Consolidation Tismăneanu, Vladimir the and Policy, Soviet “Stalin, 72 Revised. Stalinism 71 70 government] Dej Tănase, Stelian legislation. facilitate that factor major a also was Romania in Army Red the of presence the stress I group, elite “suzerain” this of influence the with connection Easternalsocentral in stressedrole of their intheinstitutionalization In Stalinism Europe. Soviet these portrayed who Romania. in rule socialist the of establishment the during repression of phenomenon the shaping in factor determining became and faction communist local the Soviet the of agents main society. of transformation the became and Army Red the of support the with Romania to returned they 1944, In Moscow. in exile in war the spent who communists “outside an was Romania in so the faction”, elite ruling the 1953 to 1948 from Tănase, Stelian to according precisely, More Moscow. to directly subordinated group elite an was process), the triggers that factor the as it described Watson (which force” “pressure to jurisprudence
Stelian Tănase, StelianTănase, o mr dtis ocrig h Sve mltr ocpto i East in occupation military Soviet the concerning details more For ldmr imnau “iblcl eaoy n te I)oi o Saiim n atr Erp” i Europe” Eastern in Stalinism of (Il)logic the and Pedagogy “Diabolical Tismăneanu, Vladimir run fr ocd rnpatto o lgl da ad ocps rm h Soviet the from concepts and ideas legal of transplantation forced for Arguing 72
(Bucureşti: Humanitas, 1998), 37 1998), Humanitas, (Bucureşti: Elite şi societate. Guvernarea Gheorghiu Guvernarea societate. şi Elite
Elite şi societate. Guvernarea Gheorghiu Guvernarea societate. şi Elite (Budapest: Central European Press, 2009), 34. 34. 2009), Press, Central European (Budapest: - called
Communist Terror in Romania in Terror Communist
oai drn te eid a fcsd n I mhsz hw the how emphasize I on, focused am I period the during Romania Stalinism Revised Stalinism Muscovite faction Muscovite
69 -
types elites as the “watch dogs” of the communist i communist the of dogs” “watch the as elites types According to Tănase, this outside group imposed itself imposed group outside this Tănase, to According
. For a close look into the history of Romanian Communist Party Party Communist Romanian of history the into look close a For . , controlled primarily by non by primarily controlled , - 38. . 27
- - Dej1948 Dej 1948 Dej
- - 1965 1965 - Central Europe see Mark Kramer, Kramer, Mark see Europe Central , , 38. d the imposition of a new new a of imposition the d
[ Elites and society. Gheorghiu society. and Elites
70 - ethni
V. Tismăneanu, V. c Romanian c
borrowing borrowing deology 44 - 3 in 53” - over type type 71 n - , CEU eTD Collection the of member a was country the time that Romania’s pathto2.1. Sovietization: toward main the was it because article this selected have I random. not is it 58 article on placed focus The code. penal Soviet 1926 the of 58 article of provisions the well as law criminal of emp Particular law. which involved political offences. crimina I argument, im their implementing in it used and adapted i an as law criminal approached systemcriminal justice. of I context also will stress the arbitrariness technique. oflegislative [GNA] constitutiona the over review judicial and powers of separation of principles by rejecting thelaw the therule ideal dismissed of emphasize of howbothActs to order in done be will This 1952. and 1948 of constitutions communist the by provided T oward the Sovietization the oward of CHAPTER 2: Subordinating Justice in Communist in Justice CHAPTER Romania Subordinating 2: pillar ofrepression exercised procedures through judicial intheUSSR. In the summer of 1941 Romania engaged in its first battle of World War II. At II. War World of battle first its in engaged Romania 1941 of summer the In criminal Soviet of features main the highlight will I section, third the in Finally, will I section, second the in this, Following w I l justice. I will show which agencies in particular had jurisdiction over the cases cases the over jurisdiction had particular in agencies which show will I justice. l l bgn hs hpe b adesn te atclr etrs of features particular the addressing by chapter this begin ill il rsn te an tgs of stages main the present will hasis will be placed on the principle which guided the implementation implementation the guided which principle the on placed be will hasis Here I
srmn fsca engineering. social of nstrument will
the Romanian and the Romanian Judicial Juridical Systems
subscribe 28 Axis and an authoritarian state under the rule rule the under state authoritarian an and Axis
h dvlpet o development the
to eit pltcl ol. n light In goals. political mediate
P. Solomon’s thes Solomon’s P. present the basic traits of the Soviet Soviet the of traits basic the present no
rule oflaw f
Lenin and Stalin Stalin and Lenin h sse of system the is that leaders Soviet lity of laws. In this this In laws. of lity
. Avenues.
government
of this this of Soviet both
CEU eTD Collection 77 G 76 75 74 occupation. the Soviet the faceof conference Casablanca in integrity territorial Romania’s threat to a represented armisticeTheconditions surrender”. “unconditional the At for consequences Antonescu. disastrous had USSR against war the in initiative the lost Germany that fact The losses. at troops Axis’ 73 regime. communist a of establishment the for support mass of creation the required th judiciary, the army, (the order social maintaining of means existing all Romania. of takeover Soviet the prepare to RCP the commissioned occupation of forces Soviet the of end the by However, arena. political Romanian the in resonance no had (RCP) Party Communist Romanian the 1944 of beginning the At Romania. in Party Communist Command. interim the with armistice S the of control the under placed was commission This government.Romanian and negotiate to up set was Commission Control Allied parties (the andNatio National Peasant democratic the of leaders the and Michael King were deposition this of architects main The Allies. the of side the on Army Romanian the put and Antonescu Marshal deposed political international and national this surrender”. “unconditional facing was Romania and allies, its and Germany to unfavorable increasingly become had war the 1943, By Antonescu. Ion Marshal of
uveranrea Gheorghiu uveranrea Dennis Deletant, DennisDeletant, see, agreement thearmistice about details For DennisDeletant, Dennis Deletant, Deletant, Dennis Dennis Deletant, Deletant, Dennis Both the coup and the presence of the Red Army changed the status of the the of status the changed Army Red the of presence the and coup the Both An Bucharest. entered troops Soviet coup, the following 1944, 30, August On 76 75
As Deletant observed, accomplishing this goal required the neutralization of neutralization the required goal this accomplishing observed, Deletant As
Stalingrad. The Romanian army that took part in the German offensive suffered significant significant suffered offensive German the in part took that army Romanian The Stalingrad.
Communist Terror in Romania Terrorin Communist Romania Terrorin Communist Communist Terror in Romania in Terror Communist omns Tro i Romania in Terror Communist - Dej , 53 ,
- 59. 59.
nal Liberal parties).nal http://avalon.law.yale.edu/wwii/rumania.asp (January 1943), the Allies insisted upon Romania’s Romania’s upon insisted Allies the 1943), (January otx, ht n uut 3 14 a op d’état coup a 1944 23, August on that context, , 55. 55. , ,
35 , 34 , 29 52 , - 37. 37.
- 35. On January 1943, the Red Army Red the 1943, January On 35. - 5 Se lo tla Tănase, Stelian also See 55.
74
e police). It also also It police). e
Elite . 73
oviet High oviet defeated defeated şi societate. societate. şi
It was in was It
1944, 1944, the the 77
CEU eTD Collection Eu ofthe Free 79 78 194 August and 1940 September between (issued Acts Constitutional of series a and 1938) judiciary was there where environment fo The constitution. own its had it 1948, February by and declared 19 30, December On abdicate. to king the forced Party Communist the opposition, political the eliminating After parties). Liberal National the and Peasant National (the parties historical Romanian the of leaders high targeting mostly made, life public from Fascists of purge “a was government Groza the of decisions first the of One Minster. Prime named wasVyshinski, nomine trusted a was who Groza, Petru offices. ministerial eighteen the of fourteen held communists the which in cabinet new a appoint to accepted king the 1945, 6, March On Works. Public and Communication M Prime Deputy of office the as such positions ministerial key more occupying in succeeded Party Communist the 1944, the Lucreţiu of By end by Pătrăşcanu. the which held of was Justice, ofMinister only seat the in succeeded they occupying positions. more ministerial as gradually assignments these achieved communists Romanian
Stephen Fischer Stephen DennisDeletant, lwd h mdl f h S the of model the llowed 4) served as the fundamental laws of Romania. The constitutions of 1866 and 1923 and 1866 of constitutions The Romania. of laws fundamental the as served 4) afte up set government first the In ro t 14 tre osiuin (hc hd en nce i 16, 93 and 1923, 1866, in enacted been had (which constitutions three 1948 to Prior
subservient ropean Committee, 1957), 105. 1957), Committee, ropean - Galati, Galati, Communist Terror in Romania Terrorin Communist
to the Communist Party Communist to the Romania
-
(New York: Frederick A. Praeger for thefor Mid Praeger A. (New Frederick York: akn a ranking oviet constitution of 1936 because it was drafted in an an in drafted was it because 1936 of constitution oviet
opee c complete 7 te epes eulc f oai (R) was (PRR) Romania of Republic People’s the 47,
rmy officers, former government members, and and members, government former officers, rmy nse, h Mnse o Itro, h Mnse of Minister the Interior, of Minister the inister, e of the Soviet Deputy Foreign Minster Andrei Minster Foreign Deputy Soviet the of e ”. , 73. 73. , r the 1944 coup, the Communist Party secured Party Communist the coup, 1944 the r 30 78 o to o a akd alaet s el as well as parliament packed a of ntrol .
79
From 1945 to 1947 a wave of arrests were arrests of wave a 1947 to 1945 From
constitution - European Studies Center Center Studies European
of the PRR the of
a CEU eTD Collection 84 83 82 81 2008), (Bucureşti, ofRomania] 80 review judicial Cou constitution. the by guaranteed as liberties and rights citizens’ the first consider to have judges law, the applying in words, other the when powers. state the law, ordinary between the and constitution the both apply to bound is power judicial balances the Although and checks on based system a implies powers the over review judicial the and constitutional powers, of separation the nation, Romanian the following most lost theconstitution validity. reenactment, ofits its reenacted. was constitution 1923 the when 1944 August until judiciary the over control had and powers, legislative and executive both exercised Antonescu Decree. of series a through instead governed Antonescu, Ion Marshal state, head new The suspended. was constitution his 1940 September in abdicated II monarch. the of hands the in solely powers legislative and executive the put d of coup a fallowing separation when, 1938, in time first the for disregarded was principle This the powers. including government, of principles liberal various provided both ’état, the King Carol II’état,granted theKing Thisnewdrafted a Carolconstitution. constitution new in1938
The 1938 Constitution of Romania, art. 75. 75. art. Romania, Constitution of 1938 The 103. art. Romania, Constitution of The1923 Focşeneanu, Eleodor Focşeneanu, Eleodor Focşeneanu, Eleodor rt of Cassation and Justice (Supreme Court) exclusive control over the practice of of practice the over control exclusive Court) (Supreme Justice and Cassation of rt Both of these communist constitutions disregarded the principle of sovereignty of of sovereignty of principle the disregarded constitutions communist these of Both
two conflict each other, judges have to make sure the former will prevail. In In prevail. will former the sure make to have judges other, each conflict two ity of the legislative and executive and legislative the of ity . 83
The constitution of 1938 retained 1938 of constitution The Istoria constituţională a R constituţională Istoria a României constituţională Istoria 1859 a României: constituţională Istoria
117 -
138.
omâniei 31 82
h cnttto o 12 gv te High the gave 1923 of constitution The , 209 , 204. , acts. -
210. 210. this judicial practice. judicial this 81 - 2003
The
80 rev. ed. [The constitutional history constitutionalhistory [The ed. rev.
principle of the separation of separation the of principle oee, n h fou the in However,
84
None of the of None After Carol After years r f the of CEU eTD Collection 88 87 86 85 of political thecommunist power possible. consolidation the made legislation criminal repressive and ideological highly a addition, In Romania. in Sovietization institutional of achievement the and beginning the both respectively, enacted constitutions, mar in1948and1952 ainto Two totalitarian state. Party. the that legislati concluded be can it reason, this the For GNA. of the members dominated Party the Communist therefore and opponents political any repressing in succeeded PRR. the of General Prosecutor Deputy the and th both appointed Presidium The agency). (permanent Presidium its by fulfilled were functions Assembly’s the sessions between interval the In year. a twice session constitution. the of guardian budget. the established and constitution, the amended cabinet, the appointed GNA The power. legislative sole country’s the was PRR the of review judicial of principle constituti the mentioned constitutions communist
The 1948 Constitution of the PRR, art. 89 and art. art. 98. and 89 art. PRR, Constitution ofthe 1948 The 24 art. PRR, Constitution ofthe 1952 The art. PRR, Constitution ofthe 1948 The unicameral. was Parliament the Romanian the Senate, abolished government when the Groza Since1946,
Starting in 1948 the leaders of this new regime focused on transforming Romania Romania transforming on focused regime new this of leaders the 1948 in Starting (GNA) Assembly National Grand The ve onality oflaws. - aig rcs epesd n at h wl o a ige at, h Communist the party, single a of will the fact in expressed process making
87
lce fr or er, h mmes f h GA held GNA the of members the years, four for Elected
38 - - j. j. 39.
32
85
86 , the highest agency of state power in the in power state of agency highest the ,
The Act of 1952 entitled it it entitled 1952 of Act The 88
y 98 h Cmuit Party Communist the 1948 By
o e the be to e judges e ked ked
CEU eTD Collection 91 90 89 themselves govern to allowed be should peasantry the and proletariat the communism, disso be should which rule of werearguedof and theBolshevik instruments institutions bourgeois legal thatlaw leaders majority the Revolution the after Solomon, by stressed was as issue, first the Concerning “pe of introduction the and state socialist (1917 War Civil and admi its law, criminal especially law, approached Stalin thirties, early the in Beginning program. political their sustained who people ordinary of hands the into justice of administration Arguing o formalism power. the against of instrument bourgeois the a Revolution as 1917 law the approached After primarily population. Bolsheviks rural the of majority the from support embracing or rejecting by legality. either legitimacy its consolidate to effort an the of in activity judiciary the in intervened agencies, legal of coordinator as party, Communist ques is it stages, operational realm. legal the of history the and 1917 1938 Sovie the of features Main 2.2. Solomon, Peter Peter Solomon, Peter Solomon, Peter Rus tsarist In influenced history Soviet of course turbulent the emphasized, Solomon Peter As Two important features characterized the administration of justice during the the during justice of administration the characterized features important Two
nistration as amechanism engineering. ofsocial Soviet Criminal Justice Criminal Soviet Soviet Criminal Justice Criminal Soviet Justice Criminal Soviet
- 92: oseis abvln attd twr te oe f a i a in law of role the toward attitude ambivalent Bolsheviks’ 1922): sia the authority of the legal institutions was weak due to the lack of of lack the to due weak was institutions legal the of authority the sia bugos as n lgl ntttos te oseis u the put Bolsheviks the institutions, legal and laws bourgeois f
tionable if one can speak about a gradual development. The development. gradual a about speak can one if tionable 89
lved.
Although the Soviet judicial system went through various through systemwent judicial Soviet the Although , 3 , 18. , ,
91 4 - - 4
5. 5. The advocates for this idea emphasized how under how emphasized idea this for advocates The .
ciia jsie diitain between administration justice criminal t
ople’s courts” and “revolutionary tribunals”. tribunals”. “revolutionary and courts” ople’s 33
90
CEU eTD Collection witnesses. hearing without interrogation, 95 preliminary the reache court the if during stage any at proceedings judicial taken stop to authorized were tribunals defended revolutionary Furthermore, the of testimony tribunals these 1920, 18, March of Tribunals Revolutionary 94 93 92 government. the with notconflict which laws did those only able toinvoke wereHowever, judgesonly tsarist the of legislation the with accordance in sentences pronounce to 1/1917 no. decree Although it regime. judiciary, old the abolished tsarist the by the imposed without were themselves which govern restrains to possibility the masses the gave they that argued people’s six and judge assessors. a of they consisted words, panels These other offences. in political investigated activities; counterrevolutionary involved which cases heard people two and judge local a non as classified legally were which cases criminal tribunals”. “revolutionary the “peoplewith local institutions judicial the concept“revolutionary slogans. political legality” of ofhis as one u disciplining to opponents political combating on focusing from went which attributions more and more gained socialism. to capitalism from transition crimina that realized Lenin observed, also Solomon as However, law. civil or private either of restrains the of free
Samuel Kucherov, Kucherov, Samuel Solomon, Peter Solomon, Peter Samuel Kucherov Samuel d a decision. For more details, see Kucherov, 51. 51. Kucherov, moresee details, For decision. a d In November 1917 Decree no. 1 on courts replaced all pre all replaced courts on 1 no. Decree 1917 November In 95
By introducing th By introducing Soviet Criminal Justice Criminal Soviet Justice Criminal Soviet , The The , The
Organs of S of Organs Organs of Soviet Administration of Administration Soviet of Organs
nruly workers. By the fall of 1918 Lenin officially endorsed endorsed officially Lenin 1918 of fall the By workers. nruly lw a priual idsesbe o acmlsig the accomplishing for indispensable particularly was law l ’s assessors. The revolutionary tribunals, on the other hand, other the on tribunals, revolutionary The assessors. ’s e assessors into the administration of justice, theBolsheviksjustice, of administration the into assessorse
is important to mention that the people’s courts continued continued courts people’s the that mention to important is 94 oviet Administration of of Justice Administration oviet
h pol’ cut hd uidcin vr ii and civil over jurisdiction had courts people’s The , 19. 19. , 18. , ’s courts”. This decree also enforced the creationof the enforced decreealso This courts”. ’s
92
Therefore, during the Civil War, criminal law criminal War, Civil the during Therefore, 34
could pronounce sentences based only on the the on only based sentences pronounce could - Justice political. They were presided over by over presided were They political. , 24. 24. , , 21 . In accordance with the Statute of of Statute the with accordance In .
- revolutionary Russian revolutionary 93
CEU eTD Collection cases. criminal jurisdiction had over military tribunals court, people’s wereregular no there front theat because However, tribunal military therevolutionary the 98 to during have look, Kucherov, questions not These profession. Do or class. training, education, origin, his a is what belongs, he does class as what to as is him to present bourgeoisie to have you question first the destroying are investiga “[W]e illuminating: is Latisis in given 97 96 society over control their anti the supervision ofa Supreme single Tribunal. military cases criminal all the tried tribunals courts, people’s regular no were there regions military these in that fact the to Due Russia. of region everymilitary in established were alike militarypersonnel or civil either by office in committed crimes counterrevolutionary any over jurisdiction hearing. judicial a of requirement the without regime the of enemies political imagined or real The activities. counterrevolutionary any the authorized leaders Bolsheviks the Moreover, justice. re the the War, Civil duringthe that emphasized government. conscienc revolutionary
Samuel Kucherov, Kucherov, Samuel Kucherov, Samuel Peter Solomon Peter ouinr mltr tiuas oh lyd ao rls n h amnsrto of administration the in roles major played both tribunals military volutionary tion, for material, as to whether the accused acted against the Soviet power by word or deed. The The deed. or word by power Soviet the against acted accused the whether to as material, for tion, overcame leaders Bolsheviks the of majority the War Civil the of end the Near granted were which tribunals military revolutionary 1918 in Beginning be must it tribunals, revolutionary the and courts people’s the to addition In Pravda 97 - The Organs of Soviet Administration of Justice of Administration Soviet of Organs The law view and acknowledged the need for aframeworkacknowledgedfor needlegaltomaintain and inorder law the view
96
, Soviet Criminal Justice Criminal Soviet , y h assat f ei Dezisy (h frt himn f hs commission), this of chairman first (the Dzerzhinsky, Felix of assistant the by
The Organs of Soviet Administration of of Justice Administration Soviet of Organs The The . Consequently, an intriguing system of justice which supported both supported which justice of system intriguing an Consequently, .
Organs of S of Organs es, the legal order, or the political goals of the socialist socialist the of goals political the or order, legal the es,
s had a special status, not being subordinated to the ministry of justice. ministryofthejustice. to beingsubordinated not status, special a s had
oviet Administration of of Justice Administration oviet .
In 1921 a unified system of tribuna of system unified a 1921 In , 20. In order to un to order In 20. , Cheka Cheka
35 decide the fate of the accused.” Quoted in Samuel Samuel in Quoted accused.” the of fate the decide 98
, 57. 57. , used extralegal coercion to punish eithe punish to coercion extralegal used
(the Soviet agency of state security) and security) state agencyof Soviet (the derstand the role of the the of role the derstand
, 52 , 24. , Cheka -
54.
It is important to mention that mentionthat to isimportantIt to investigate and punish punish and investigate to ls was created under under created was ls Cheka , the statement statement the ,
M. Ya. Ya. M. ians one r
CEU eTD Collection 105 104 103 102 101 100 99 framework. legal stable a required policies economic twent early the in that arguing system judicial centralized and uniform a for advocates the of victory first the represented period this extent, limited extraordinary courts,counterrevolutionary hearingacts. cases involving cases. criminal permanent a of consisting the panel a was with courts, 1922 people’s the Consequently, of tribunals. revolutionary reform of abolishment law the of innovation important An central. and regional, pro its with accordance second of theSovietcan stage judicial system inthebe development identified. cult institutions. all judicial of duties and rights the explicit more stated and system court the stratified which instituti judicial in participations popular accessible and flexible, simple, of ideal Marxist the law
Peter Solomon, Peter
Samuel Kucherov, Kucherov, Samuel Solomon, Peter Kuchero Samuel Samuel Cu Legal Soviet and “Stalinism Scharlet, Robert Robert r o te e Eooi Plc (NEP). Policy Economic New the of ure and extra and Addressing the status of law u law of status the Addressing 1922 In ons gradually became more blurred. The Soviet government enacted new statues statues new enacted government Soviet The blurred. more became gradually ons
Scharlet, “Stalinism and Soviet Legal Culture” Legal Soviet and “Stalinism Scharlet, Kucherov, Kucherov,
legal repression began to develop. to began repression legal Soviet Criminal Justice Criminal Soviet 102
Soviet Criminal Justice Criminal Soviet v, new a
The Organs of Soviet Administration of of Justice Administration Soviet of Organs The of J Administration Soviet of Organs The of Justice Administration Soviet of Organs The oee, eouinr mltr tiuas otne t fnto as function to continued tribunals military revolutionary However, 100
hs dvlpet caatrz wa Shre cle te legal the called Scharlet what characterize developments These ttt o te or Srcue f SS cm it fre In force. into came RSFSR of Structure Court the on Statute
iin, h jdcay a ognzd n he lvl: local, levels: three on organized was judiciary the visions, judge and two assessors, received jurisdiction over all civil and and civil all over jurisdiction received assessors, two and judge . 104
ies Soviet leaders realized that the implementation of their their of implementation the that realized leaders Soviet ies
aul uhrv xrse a iia pit f iw by view of point similar a expressed Kucherov Samuel , 26. 26. , , 26 , nder NEP, Solomon emphasized that, although to a a to although that, emphasized Solomon NEP, nder -
27. 27.
lture”, 159 lture”, 36
101 , 99 159. 159.
hoooial, rm 91 o 98 a 1928 to 1921 from Chronologically, Robert Scharlet explained that by 1921 by that explained Scharlet Robert - 160. 160. ustice
, 79. 79. , 84. , 79 , 105
- 80. 80. eetees bt authors both Nevertheless,
103
CEU eTD Collection 109 108 107 106 proceedings. court and preliminaryinvestigations during law observanceof the supervise rightto the as such powers, additional gained 1933) June in established was (which USSR the of Procuracy legality”. ac the professionalize “socialist and bureaucratize to made were Efforts of restoration the endorsed officially authorities Soviet 1934, in Beginning law. criminal of authority the strengthening at aimed campaign a launched procedures, Overall, arrests,led andtoadecline situation trials. this oflegality. investigation of observance the in decline a by affected significantly was law criminal resisted who th stage this During peasants cases. political heard 1923) since police political of repression the collectivization. rationalized and institutionalized, ends, political the during new particularly toward justice of administration the subordinated power Soviet the twenties late the in beginning mentioned, Sharlet As system. judicial Soviet the of third a as distinguished be can period This judiciary. the of role the challenged campaigns collectivization forced and industrialization fast this, Under reit eliminating or law using either of question the ended, period NEP the when that stressed
Peter Solomon, Peter Pete Solomon, Peter 163 Culture”, Legal Soviet and “Stalinism Scharlet, Robert - emerged in the Bolsemerged inthe r Solomon, r By the mid the By (1928 Plan Years Five First the launched Stalin that context this in was It Soviet Criminal Justice Criminal Soviet Justice Criminal Soviet Justice Criminal Soviet 106
109 - 1930s, Stalin and the Deputy Procurator General Procurator Deputy the and Stalin 1930s, h pol’ cut ad h etauiil ois f GU (the OGPU of bodies extrajudicial the and courts people’s The
lo einn i 13, politi 1934, in beginning Also dekulakization hevik leadership.
, 164. 164. , 156. , 149. ,
apin Te s of use The campaign.
37
- 164. 164. a ofne cud e er b the by heard be could offences cal
tivity of legal agencies. The The agencies. legal of tivity
rmnl a legitimized, law criminal
stage in the development development the in stage , Andrei Vyshinskii, Vyshinskii, Andrei , e administration of administration e 107
- 1933). 108
CEU eTD Collection 113 112 111 110 was it Although RSFSR. the of Code Criminal first the of introduction the provided lawSoviet criminal 2.3. agencies main the became entitled toha tribunals military the and NKVD the of Boards Special collegia jus political and ordinary of administration the between distinction important an made authorities respectivel suggestions madeinvestigation by the officers. individuals condemn to and arrests of orders sign to expected were judges and prosecutors example, For 1934). from OGPU the of successor (the NKVD the with “cooperate” to judges and prosecutors required Vyshinski arrests. mass and officials, of governmental a and party processes: leading against main purges vigilance, three of campaign of consisted Terror the himself, Stalin by Engineered law. militarymain judicial bodiesfor tribunals as the administrating political justice. collegia special
Peter Solomon, Peter Solomon, Peter Solomon, Peter Solomon, Peter In addition to the re the to addition In Soviet the intensity, its in decreased Terror of policy the as 1938, of end the By 1937 of Terror Great The
of regional and republican courts. Consequently, until Stalin’s death in 1953, the the 1953, in death Stalin’s until Consequently, courts. republican and regional of ie Mroe, h dce o Nvme 1, 98 lmntd the eliminated 1938 17, November of decree the Moreover, tice. ndle political cases. 111
S Soviet Soviet Justice Criminal Soviet
oviet n re t esr te implementation the ensure to order In f einl n rpbia cut. hs seil aes ond the joined panels special These courts. republican and regional of
Criminal Justice Criminal Justice Criminal Justice Criminal
- organization of the court system, the legal reform of 1922 of reform legal the system, court the of organization
113 - 1938 interrupted the ef the interrupted 1938
, 264. 264. , 237 , 235. , 231. ,
- 238. 238.
38
112
forts to restore the authority of of authority the restore to forts f hs poess Sai and Stalin processes, these of y in accordance with the the with accordance in y 110
special
CEU eTD Collection 120 119 118 A. Preager, Frederick York: (New eds., Grzybowski Courts and Law Government, 117 116 115 with minorchanges. RSFSRcode the the content of reproduced republics individual Sovie individuals the However, law. federal uniform a was law criminal constitution, Soviet 1924 the with accordance In 1927. 114 convicted offender. the of status social present or past the on based penalties assign to judges allowed class, by discrimination supported which principle, third the Finally, individuals. sentencing offence. an their use to judges entitled discretion, judicial principle, as describe explicitly not did law the which action an of maxim Latin the by expressed favori class and discretion, judicial analogy, application: its of principles main three highlighted have law Soviet of scholars 1920s, the in legislation offencesa reflectedap new principles 1922 the the in time, embodied same the At 1903. of Code Criminal Russian Imperial the from prepare who jurists the that novelty”. and tradition of blend distinct a “represented over remained it 1934, and 1927 in amended
Peter Solomin, Peter Union”, Soviet Law.The Criminal Substantive “New Gsovski, Vladimir law. [previous] a without crime No Solomon, Peter Solomon, Peter William E. Butler, Butler, E. William ee Solomon Peter
three decades. Addressing the transformations which Soviet penologists brought to criminal criminal to brought penologists Soviet which transformations the Addressing it that argued Solomon code, criminal 1922 the of content the Analyzing Soviet Criminal Justice Criminal Soviet , Soviet Criminal Justic Criminal Soviet Justice Criminal Soviet oit rmnl Justice Criminal Soviet t Republics maintained their own criminal codes. In reality, the criminal codes of the of codes criminal the reality, In codes. criminal own their maintained Republics t Soviet Law ( Law Soviet 114 120
This principle was re code, the code,
in the Soviet Union and Eastern Europe Eastern and Union Soviet the in proachcriminal law. to te rf o te 92 oe orwd hoeia concepts theoretical borrowed code 1922 the of draft the d London, Butterwortths, 1988), 298. Major modifications were made in in made were modifications Major 298. 1988), Butterwortths, London,
nullum crimen, sin crimen, nullum
penalties provided, and the definitions given to certain to given definitions the and provided, penalties e , 32 , , 27 , 27. , , 31; Vladimir Gsovski, “New Substantive Criminal Law” in in Law” Criminal Substantive “New Gsovski, Vladimir 31; , - - 33. 33. 28.
the the pealed in1927. 39 1959), 935. 935. 1959),
central pilla central 116 e lege e
115
“revolutionary consciousness” in consciousness” “revolutionary 118
Moreover, the author explained author the Moreover, r of Soviet criminal policy for for policy criminal Soviet of r
, prohibits the criminalization the prohibits , , Vladimir Gsovski and Kazimierz Kazimierz and Gsovski Vladimir , tism. 935. 935. 117
h frt principle, first The
119
h second The CEU eTD Collection 126 125 124 123 Wars. World two between the Europe in enforced codes penal majority ofthe the on influence strong a exercised had theories His sociologist. 122 121 and political, economic, the of weakening the toward directed “acts include to expanded overthrow, the weakening” toward and directed undermining, be to acts “any counterrevolutionary defined code penal 1922 the observed, Gsovski Vladimir As motivations. political have to considered productivity commerce. ofindustry and and efficiency the ensure to aimed communists acts, these criminalizing By taxes. pay to or office economic persecuted law criminal Soviet Accordingly, NEP. under imposed order economic r government. the socialist the of cornerstone by the became established offences counterrevolutionary and order economic Consequently, legal the and state the protect moulded criminal law toprotect ruling the the interest of danger social a as crime of idea the to Subscribing defense. social of measures as punishments of use the requires infringements of nature antisocial phenomenon. social as law Soviet under crime of definition the approached 1926 of one the especially and 1922 of
Vladimir Gsovski, “New Substantive Criminal Law. The Soviet Union Soviet Law.The Criminal Substantive “New Gsovski, Vladimir Union Soviet Law.The Criminal Substantive “New Gsovski, Vladimir Solomon, Peter Substanti “New Gsovski, Vladimir Gsovsk Vladimir Law”,926 Criminal Substantive “New Gsovski, Vladimir gm’ survival. egime’s The category of counterrevolutionary offenc counterrevolutionary of category The to is law criminalof purpose the how of idea legislationincorporated the Criminal code whocompiled boththe thattheSoviet penologists Scholars emphasized have
enterprise, violation of any state monopoly (especially in industry), and failure and industry), in (especially monopoly state any of violation enterprise,
offences Soviet Criminal Justice Criminal Soviet i, “New Substantive Criminal Law”, 927. Ernico Ferri, Italian criminologist and Italiancriminologist and Ferri, Ernico Law”,927. Criminal Substantive “New i, speculation : 124
h fre eald h Sve gvrmn t miti the maintain to government Soviet the enabled former The 121
ve Criminal Law. The Soviet Union”, 928. 928. Union”, Soviet Law.The Criminal ve 126
, failure to fulfill a contractual obligation with a public public a with obligation contractual a fulfill to failure , hs hss dvlpd y nio er, stat Ferri, Enrico by developed thesis, This
, 28. 28. , f h Sve regime. Soviet the of
125
40
- 927. 927. es provided for actions which were were which actions for provided es
party. In ”, 947. ”, 949 ”, ,
122 Soviet legal scholars have have scholars legal Soviet 96 this 1926
-
950
.
eiiin was definition s ht the that es 123 as as
CEU eTD Collection 132 131 LiteraryInvestigation in Experiment of University Conquest, Robert Culture”; Legal Soviet and “Stalinism 130 129 128 127 Solzhenitsyn Moreover, interpretation”. dialectical questioned rhetorically: extended their in its as of terms exact sections the through much so not world the up “…summed 58 article that Solz Aleksandr system, Gulag Soviet the of depiction literary his In article58. the interpreted draconicallysecretpolice Soviet the of officers especiallythe counterrevolutionary. as deemed acts de to used was which terminology broad the emphasized have scholars 58, article non 58 (art. 58 (art. power seize to goal the 58 (art. treason included These counterrevolutionary. being which threatened theexternal the security USSR. of conquests” national
Aleksandr Solzhenitsyn, Solzhenitsyn, Aleksandr Conquest, Robert HugoCunningham, S. Union Soviet Law.The Criminal Substantive “New Gsovski, Vladimir G Vladimir Vladimir Gsovski, “New Substantive Criminal Law. The Soviet Union, 947. See also Robert Scharlet, Scharlet, Robert also See 947. Union, Soviet The Law. Criminal Substantive “New Gsovski, Vladimir - responding to a counterrevolutionary activity (58 activity counterrevolutionary a to responding which could be not punished by Article heavy of 58…”. the hand heavens the under action of lack or action, thought, step, no is there truth, all its experienced not has us among [W]ho Ar - ) anti 7), il 5 o te 1927 the of 58 ticle
sovski, “New Substantive Criminal Law. The Soviet Union Soviet Law.The Criminal Substantive “New sovski, Alberta Press, 1990); Aleksandr Solzhenitsyn, Solzhenitsyn, Aleksandr 1990); Press, Alberta - oit n cutreouinr poaad ad gtto (r. 58 (art. agitation and propaganda counterrevolutionary and Soviet The Great Terror. A Reassessment Terror.A Great The 127 http://www.cyberussr.com/rus/uk
The Gulag Arch Gulag The f h scait eouin B 12, h tr cvrd l acts all covered term the 1926, By revolution. socialist the of
(New York, Harper and Row, 1985). Row, 1985). and (NewHarper York,
S - 2), espionage (art. 58 (art. espionage 2), ve ciia cd sae fute seii cie as crimes specific fourteen stated code criminal oviet ipelago 130
n ih o ti, oet oqet rud that, argued Conquest Robert this, of light In , 27. 27. , 41
, 283. 283. ,
The Great Terror. A Reassessment Reassessment A Terror. Great The 58 - 128 - encom
e.html#58
- h Glg Archipelago Gulag The
- 12 6), undermining of state industry state of undermining 6), ). passing embrace? In all In embrace? passing 129 - 1a,b,c), armed uprisings with uprisings armed 1a,b,c), - ”, 947. 947. ”, 947. ”, 1a
Studying .
(accessed April 2011). 2011). (accessedApril
henitsyn mentioned henitsyn
132 the provisions of provisions the
1918
(Edmonton, (Edmonton, - 96 An 1956. fine the fine
- 10), 131
CEU eTD Collection 175. (1949): 133 Conseque Romania. in The administration3.1. from ofjustice criminal Romania 1945 in to 1953 meant. what exactly determine to order in government communist after amended subsequently Despite security. state external and internal against offences between distinction the and penalties of system the concerning 1953 to 1936 from I Second, 1953. F legislative. and focus will I sense, this In justice”. “people’s the to justice, of system “bourgeois”, traditional, the from transition of process a as Romania CHAPTER 3: The Sovietization of CHAPTER Sovietization The 3:
“Procesul de creare al Justiţiei Populare” [The making process of People’s Justice] Justice] People’s of process making [The Populare” Justiţiei al creare de “Procesul
The judiciary played a central role in the consoli the in role central a played judiciary The I chapter this In Romania the by a true justice, the proposed as foundationand of country the justiceinour bourgeois meant ofthe the end Justice, of people, working the by joyirresistible with received Partyand Communist reform people The working the humankind. [a serve Justice, to new a create our meant to history democracy, justice] its in people’s time of first exploiting the regime for the could, the people of establishing hands by] the [and form classes, monopoly economic the and power politic the grabbing country…By the of structure economic political, and the social, changed Army, Red heroic the of help the with yoke, Nazi the from liberation their after people, our by made achievements great The
From “B irst, I irst, will will Mr precisely, More . prah hne i te et of text the in changes approach will will ntly, two main stages of stages main two ntly,
will
people’s justice. people’s ourgeois Justice”ourgeois to“People’s Justice” discuss the administration of justice in Romania from 1945 to to 1945 from Romania in justice of administration the discuss
approach the Sovietization of criminal justice in communist communist in justice criminal of Sovietization the approach 1936, I will focus will I 1936,
h fact the I
the 133 will 42
Romanian Judicial and
an on the changes the on
my argum my alyze ht h pnl oe f Romania of code penal the that its evolution can be identified: the first the identified: be can evolution its
the and the highest goals of of goals highest the and the dation of the communist regime communist the of dation
ent continuities and and continuities
ea lgsain f Romania of legislation penal the Sovietization of criminal of Sovietization the
on two levels: instituti levels: two on
which were which CriminalLaw.
utţa Nouă Justiţia made by made the al al ruptures
onal
was was the the
2 CEU eTD Collection Years”, 60 Past 136 ofjudges] stability and irremovability ofthe the on overturning 640 no. 135 134 wa grantedwere These RSFSR. tribunals followed which Tribunals People’s legal of education thejudges’ form the interwar period. for law of school qualification the hand decision court’s the in interfere easily in could regime careers judges’ the taking By activity. court’s the over control regime’s the increased also but judiciary, the of filtering the for provided only not 640/1944 Law 640 regime. communist the loyalto a 1945, Vyshinsky April In justice. of minister the Pătrăşcanu, Lucreţiu of purges the was measure important An justice. of reorganizing Romanian judicial syste the opponents. political co legitimizing political the facilitated activity judiciary’s lasting
“Legea nr. 640 privind suspendarea inamovibilităţii şi stabilităţii membrilor corpului membrilor şi stabilităţii inamovibilităţii suspendarea privind 640 nr. “Legea DennisDeletant, Călin Dragoş and Horaţius Dumbravă, “The Evolution of the Judicial System in Romania During the the During Romania in System Judicial the of Evolution “The Dumbravă, Horaţius and Dragoş Călin r. Although Although r.
f eebr 94 hc overturned which 1944 December of
from 1945 to 1947 and the second from 1947 to 1953. During the first stage, the the stage, first the During 1953. to 1947 from second the and 1947 to 1945 from T 1945 in Starting he main institutional “innovation” during this stage was the introduction the was stage this during “innovation” institutional main he Ptăcn dsisd vr 00 aitae t mk room make to magistrates 1000 over dismissed Pătrăşcanu ,
s the repressive politics repressive the Revista Forumul J Forumul Revista
of the newof the the Armistice Agreement Armistice the Communist Terror in Romania Terrorin Communist
ny i mnh, were months, six only h scn sae a caatrzd y an by characterized was stage second The ,
ly
the communists made significant changes in the administration the in changes significant made communists the
appointed judges, mostly workers and activists who attended a activists whoattended a and workers judges, mostly appointed udecătorilor
134
This change of personnel was implemented implemented was personnel of change This
which were which
h eape of example the jurisdiction overjurisdiction
[Judges’ Forum Magazine], 1 (2009), 124. (2009), 1 Magazine], [Judges’Forum m according m
of 1944 of
, 74. 74. , neiby oe cmae wt te greater the with compared lower undeniably 43 h “reoal ad tblt o stability and “irremovably the
employed against the Communist Party’s Communist the against employed which were which
provided for the arrest and arrest the for provided sldto o nsolidation - making process making
to the Soviet model. to the Soviet the 136 all
cases revol Monitorul Oficial Monitorul initiated during the mandate mandate the during initiated
toay rbnl i the in tribunals utionary which involved which te e rgm by regime new the f
intensified process of of process intensified . More important, the important, More t the orders of A. A. of orders the t
judecătoresc” [Law [Law judecătoresc”
for individuals individuals for 294 (1944). (1944). 294
judges”. f
trial of war of trial by Law no.Law by
crimes of crimes of
of the of
135
CEU eTD Collection 142 141 140 crimes] war and country the of disaster the for guilty those of sanctioning the and down taking the on 312 no. [Law 139 crimes] war countryand of the thefor disaster guilty ofthose sanctioning the and down theon taking 312 [Law no. 138 war of tribunals. the establishment opposed Party Peasant National Romanian 137 1945, 1, September people. the of panel a by judged lacking. was proof others for evidence, provi the under arrested individuals the of milit andfigures political removing influential As of warcrimes thosewho: individuals war”. of crimes committed toward pointed crimes”, war or disaster country’s the of guilty those of punishment and “prosecution the on 1945 21, April of 312 no. Law communists. for achievement major a was Tribunals People’s provision. this of implementation the to objected criminals
Legea nr. 312, art. 12. art. 12. 312, nr. Legea DennisDeletant, DennisDel pentruur 312 nr. “Legea “Legea nr. 312 pe 312 nr. “Legea
Dennis Deletant, Deletant, Dennis Deletant explained, the communists employed an anti an employed communists the explained, Deletant Monitorul Oficial Monitorul Monitorul Oficial Monitorul of theRomanian people [sic] their of accomplishment the detrimentto the life country’s servitudethe economic the of to and or purposes to [F]ascism actions or [their] [H]itlerism by of contributed service the into [themselves] put […]
n te islto o “Fascist of dissolution the and etant, etant, 142
Communist Terror in Romania Terrorin Communist Romania Terrorin Communist ntru urmărirea şi sancţionarea celor vinovaţi de dezastrul ţării sau de crime de război” război” de crime de sau ţării dezastrul de vinovaţi celor sancţionarea şi urmărirea ntru lhuh h Pol’ Tiuas ee upsd to supposed were Tribunals People’s the Although
omns Tro i Romania in Terror Communist which consisted which
n oe cases some in 94 (1945), art. art. 1 (1945), 94 art. 1 (1945), 94 mărirea şi sancţionarea celor vinovaţi de dezastrul ţării sau de crime de război” război” de crime saude ţării dezastrul de vinovaţi celor şi sancţionarea mărirea
s
h pronl f h fre rgm t b tid o “having for tried be to regime former the of personnel the 138
More precisely, the text of the law defined as defined law the of text the precisely, More
- - o 2. 2.
.
139 f two professional judges and seven representatives seven and judges professional two f sentences
141 sions of Law 312 there was there 312 Law of sions
, 75. , 58 , Law 312 stated that stated 312 Law 44 - ye organization type” , 58. In particular, Iuliu Maniu, the leader of the the of leader the Maniu, Iuliu particular, In 58. , -
ary officers from public life. public fromofficers ary 59. 59.
ee rnucd ni mid until pronounced were
137
Therefore, - Fascist crusade as a pretext for for pretext a as crusade Fascist
war criminals criminals war s the establishment of the of establishment the
, Romanian politicians politicians Romanian ,
solid incriminating solid prt ol until only operate
political 140 -
1946. More More 1946. being If were ,
for somefor
guilty to be to
CEU eTD Collection 146 145 of Council 1948 the and propaganda, state The Romania. [Communist Mâţă, the C., and of Denize, E., meeting in mandate] a his during during presented Pătrăşcanu Lucreţiu of Ministries, Report mandatului the timpul pe of justiţie în reforma [Transcript subiect ca său” are care şi justiţiei, al ministru ca oară ultima pentru 144 143 of outside case the by masses”. popular understood as justice of vision unaltered the court the “bring could assessors journal the in published Articles process. a assessor people’s the presented among from selected Incommunityassessors military areas. were inrural case ofthe people’s the tribunals, orga professional and unions trade by for essential was assessors people’s of “simplifying ofjustice”. themechanism introduction the Ministries, of Council to assessors court modification major a brought 1948, 19, March Decembe of 341 no. Law system. judicial Romanian as “Fascists” even d to continued communists the important,
“Noua structură a justiţiei” [The new structure of justice system], system], of justice structure new [The justiţiei” a structură “Noua assessors], people’s magistrate the and [The populari” şiasesorii “Magistratul sense. this in is an example textlegislation the of penal The “Stenograma which waswhich
ytm Te an e element new main The system. People’s assessors were individual were assessors People’s 1947 After which he attended for the last time as the Ministry of Justice, concerning the reform of justice justice of reform the concerning Justice, of Ministry the as time last the for attended he which
the legal framework of the file. the of framework legal the
l jud all
aotli u Lcei Ptăcn l şdna Consili şedinţa la Pătrăşcanu Lucreţiu lui raportului brought before court in order to “help” judges un judges to“help” before in order court brought 145 after
ca pnl. s etoe by mentioned As panels. icial Moreover, the p the Moreover, a series of institutional reforms redefined the structure of the the of structure the redefined reforms institutional of series a
the abolishment ofthe Tribunals. People’s the h officers the
s an indispensable part of the court’s decision court’s the of part indispensable an s eople’s assessors “judged” the social context of eachof context social the “judged” assessors eople’s . Beginning in 1948, Romanian legal discourse discourse legal Romanian 1948, in Beginning . nization in the city or appointed directly by the by directly appointed or city the in nization 144 f hs law this of 146 s
eem the regime’s possible political opponents opponents political possible regime’s the eem
oâi cmnsă Sau ş poaad, 1948 propaganda, şi Statul comunistă. România 45 with no legal training training legal no with
The need The
utţa Nouă Justiţia which concerned which - 1953
ărşau uig m a during Pătrăşcanu r 5, 1947, which 1947, 5, r ] (Iaşi: Editura Polirom, 2005), 219 2005), Polirom, ] Editura (Iaşi:
a te intro the was to Justiţia Nouă Justiţia be able to able be ului de Miniştri, la care participă participă care la Miniştri, de ului
emphasized that people’s people’s that emphasized derstand the criminal act act criminal the derstand
who were who 143 the compositi the Justiţia Nouă Justiţia
differentiate between differentiate
5 (1948): 112. (1948): 5 duction of people’s people’s of duction
came into effect into came
either eig f the of eeting
7 (1948): 5. 5. 7 (1948): on of the of on
-
making elected - 221. 221. - 1953
on on
ir
CEU eTD Collection judiciary] 149 st animportant assessors: 148 175. (1949): 147 court the Romania of organization ins Supreme Court. PRR’s of consisted system judicial Romanian the le secondary a on placed PRR. of structure” state and economic that stated 1949 t to modifications new brought process arti similar a In justicethe principles and aselection ofstand assessors: for people’s Avram341, class” centralforassessor was argument incourtrooms. having the people’s reason the
“Procesul de creare al Justiţiei Populare” [The process of creating the People’s Justice], Justice], People’s the creating of process [The Populare” Justiţiei al creare de “Procesul “Alegerile de asesori populari. Pas însemnat pe calea făuririi justiţiei populare” [Election for people’s people’s for [Election populare” justiţiei făuririi calea pe însemnat Pas populari. asesori de “Alegerile iuin. hs lw aatd h jdcay o h nw territorial new the to judiciary the adapted laws These titutions. “Decretul nr. 132 pentru organizarea judecătorească” [Decree no. 132 on the organization of the the of organization the on 132 no. [Decree judecătorească” organizarea pentru 132 nr. “Decretul as n Laws respectively) 1952 and (1948 constitutions communist the of enforcement The of road the on forward show special electingassessors.when vigilance thepeople’s step a mean must country our of people working the Justice; must people’s the straightening February, this place p take for [campaign] election second the […] by published article an In was was Buletinul Oficial Buletinul ’s
eid the behind
decision the duty cities “eachand villages”.person of from working Minist the Bunaciu, . , , n 7 f ue 9 1952 19, June of 7 and 6, 5, o. cle, Bunaciu argued that public participation in the court decision court the in participation public that argued Bunaciu cle,
the first objective of the judiciary judiciary the of objective first the - ep toward building the people’s justice] justice] people’s the building toward ep making process. The new structure of the judiciary consisted of of consisted judiciary the of structure new The process. making
149 15 (1949). (1949). 15 rmnl ac criminal
. They also They . vel
. In accordance with the provisions of the 1948 constitution, constitution, 1948 the of provisions the with accordance In .
he structure of the judiciary. Decree no Decree judiciary. the of structure he
er of Justice, tried to encourage the populace the encourage to tried Justice, of er Justiţia Nouă Justiţia s f h wrig ls ad those and class working the of ts
defined the role of each actor each of role the defined
In this way, i way, this In 46 both
one year after year one ntttd uiom ytm f judicial of system uniform a instituted epes ors n tiuas ad the and tribunals, and courts people’s eople’s assessors, which will will which assessors, eople’s ndividuals’ rights and interests and rights ndividuals’ Justiţia Nouă Justiţia was was h “ees o te socio the of “defense the
the promulgation of Law of promulgation the
2 (1949): 298. (1949): 2
147
who was who
f h “exploiting the of 148 . 132 of April 2, April of 132 .
-
administrative
Justiţia Nouă Justiţia
to adhere to adhere to
involved in involved - making were were
2 - CEU eTD Collection 154 153 152 ofsiege. 151 1952). şi Juridică, Economică PRR 150 be could individual concerning the only that stated clearly 221 decree of provisions Moreover,the people. the securitythe of regimeand the of existence the police. secret the by conducted anddiscipline thefight ability” ofthe Romania [sic]” enemies people’s the with first was courts was practice this commu the which in manner the practice, legal Romanian IIthat King coup his d’état.Therefore, Carol although operated siege. of state a of establishment the of consequence a was practice 1938. since security state external and internal jurisdiction. al were Tribunals People’s Maritime and Tribunals, People’s Transport Railway Tribunals, Military country. the dis art. 1. 7/1952, nr. Legea Marius Oprea, MariusOprea, 1. art. 7/1952, nr. Legea Oficino.Monitorul 856] [Decree 856”, nr. “Decretul “Legile nr. 5, 6 , 7 pentru organizarea judec organizarea pentru 7 , 6 5, nr. “Legile trict and regional people’s tribunals, and the Supreme Tribunal as the highest court of court highest the as Tribunal Supreme the and tribunals, people’s regional and trict Securitate
[Laws and decrees on the organization of justice in PRR] in justice of organization the on decrees and [Laws Cases over jurisdiction had tribunals Military
150 any
, this this ,
hc were which Bastionul Cruzimii Bastionul
to “defend the PRR’s social structure and state order, the relentless fight fight relentless the order, state and structure social PRR’s the “defend to
a different issue. Article 1 of Law 7/19 Law of 1 Article issue. different a fecs omte b te eeis f h peo the of “enemies the by committed offences institution had institution brought to trial, a military prosecutor legally prosecutor military a trial, to brought
so part of the judiciary, but they were courts which courts were they but judiciary, the of part so
er b mltr tiuas ee ujc t investigations to subject were tribunals military by heard
, 57 , According to decree 221/1948, which officially founded founded officially which 221/1948, decree to According
- jurisdiction 58. . 152 Securitate
ătorească” in ătorească” t scn am a and was aim second Its 47
over al 34 (1938), art. 3. The decree provided for a state a for provided decree art. 3. The (1938), 34 al s fies ol cnut investigations conduct could officers ’s n armedforces.
the 151
Legi şi decrete privind organizarea justiţiei în în justiţiei organizarea privind decrete şi Legi all
(Bucureşti: Editura de Stat pentru Literatură Literatură pentru Stat de Editura (Bucureşti: ae daig with dealing cases
cases h efreet f hs judicial this of enforcement The 52 stated that the aim o aim the that stated 52
which inv which it oenet approached government nist 153 it wasit not
had to had o srihe u the up “straighten to
It was in this context this in was It ple”. olved
fecs against offences
a novelty to legally classify legally 154
threats to the to threats
had had Before f military f s pecial pecial the the an
CEU eTD Collection in 1852 of1864). Code Criminal theRomanian of code Criminal Austrian the Rus Maramureş; the and Bukovina; and Crishana, Banat, the Transylvania, in offenses petty and major on 1879 and 1878 of Codes Criminal Hungarian the Kingdom; Old Europe Romanian the in 1864 Eastern and Union Soviet Grzybowski. the in Courts and 159 1940. to from 1919 ofRomania territory newenlarged the to refers Romania Greater The Romania. of Kingdom 158 Systems Polish and French, Dutch, Marguery, TonyP. 157 156 155 as Kingdom. Old the with united that various inherited subsequentits amendments Th 1948. communist until legislation criminal Romanian other 3.2. and Romania to USSR the countries. from transplant legal of example Co not albeit Procuracy, the of establishment the and Assembly National Grand the to responsible directly made was General Prosecutor Deputy the Justice, of Ministry the of independent of constitution of Ministry the both to subordinated was it because status special a had Procuracy Military The consistency. lacked agency this of activity laws”. all supervising with tasked Procuracy the 1948, in established First misdemeanors. or crimes as offences these
In 1918, at the end of World War I, Transylvania, Bukovina, and Basarabia united with the Old Old with the united Basarabia and Bukovina, I, Transylvania, War theofWorld at end In1918, see Poland, and Czechoslovakia into Prokuratura the Soviet of thelegaltransplantation about details For The 95. art. PRR, Constitution ofthe 1948 The Rao Codul Codul
ul Gheorghiu ul 155 1952 n 99 we te rae Romania Greater the when 1919, In
However, because it was placed under the control of the Ministry of Justice, the Justice, of Ministry the of control the under placed was it because However, 157 penal Regele Carol Regele penal
Constitution of the PRR Constitution ofthe After the union of 1919, the following criminal codes rema codes criminal following the 1919, unionof Afterthe
1952 changed the status the changed 1952 Unity and Diversity of the Public Prosecution Services in Europe. A Study of the Czech, theCzech, of Study A Europe. in Services Prosecution Public the Diversityof and Unity
and Anton Wekerle, “New Substantive Criminal Law. Romania” in in Romania” Law. Criminal Substantive “New Wekerle, Anton and criminal codes and special laws special and codes criminal sian Criminal Code of 1885 in Basarabia (by June 1919 this code this 1919 June (by Basarabia in 1885 of Code Criminal sian
“public personnel and citizens citizens and personnel “public
(
Groningen: Rijkuniversiteit Groningen, 2008). 2008). Groningen, Rijkuniversiteit Groningen: al II al , art. 7 art. ,
159 - lea 5
- It was It 76. 76.
( The
of the Procuracy. Although Procuracy. the of within within 48
o 158 c nly in 1936 when 1936 in nly rimina
, vol. 2, 2, vol. , a etbihd te new the established, was the focus of this thesis, is an interesting interesting an is thesis, this of focus the
which were in force in the provinces the in force in were which l c l ode of ode utc ad A and Justice d Gsovski ed. e penal code of 1936 and 1936 of code penal e ined in force: the Criminal Code of of Code Criminal the force: in ined a ni o Ministers. of uncil ie opl wt criminal with compile like King King
a new penal code penal new a
Carol II Carol Vl
the agency became became agency the adimir and Kazimierz Kazimierz and adimir rmed Forces. The The Forces. rmed ly Government, Law, Law, Government,
was replaced by replaced was ) omd state formed ,
unified the unified , 156
known
was The
CEU eTD Collection Perspective”, 1945 War, Civil Greek the in Prisoners “Political Voglis, Polymeris in quoted 163 162 161 160 were and work to forced not were prisoners political sel states over treatment preferential Rober revealed penalties offences fines. and months) confine simple to sentenced were misdemeanors Political crime. ( ri receive could offender the case, political a In fines. and months) (f confinement correctional to subject were Misdemeanors years). 20 to provided crimes for Moreover, offenders. common for punishments between differentiated also It misdemeanors. consideredan offencelawcarried when was by it o “[N]o that: stated code 1936 the of Romania of legislation criminal from 5 to 25 years25 to 5 from
Co al Carol II Regele penal Codul al Carol II Regele penal Codul ih esnl neet of interest personal fish Robert dul penal Regele Carol al al Carol II Regele penal dul , This t Goldstein t
oiia ofne wr cniee at m acts considered were offences political
were forced labor (from 5 to 25 years 25 to 5 (from labor forced Goldstein, Goldstein,
Journal of Contemporary History Contemporary of Journal oe rvdd dfeet s different a provided code reflected in the severity and the conditions of detention. of conditions the and severity the in reflected
during the c the during
a nineteenth a 161 , or for life), or life), for or , oiia Rpeso i 19 in Repression Political
Articles 28 Articles
common criminals because criminals common - - - lea lea lea riay crimes ordinary
ourse of the nineteenth century nineteenth the of ourse - , Book I, Title III, art. 36, 37, 38. 38. art.37, 36, III, I, Title , Book art. 22 III, I, Title , Book I,art. 1. I, Title , Book . The code came into effect into came code The . century understanding of pol of understanding century which were which -
38 of the code explained that these differentiations these that explained code the of 38 strict confinement (fr confinement strict ne can be punished for an act that was not expressly expressly not was that act an for punished be can ne
37, no. 4 (2002): 526. (2002): 4 no. 37, , or for life for or , th - 49 se o pnlis o cie than crimes for penalties of ystem etr Europe Century . 163
committed by common offenders the code code the offenders common by committed
This out”.
ot - 23. 23. vtd y ol iel rte than rather ideals noble by ivated ) and rigorous confinement (from 3 3 (from confinement rigorous and )
160 rfrnil ramn mat that meant treatment preferential ,
om 3 to 20 years) if charged with chargedyears) if 20 to 3 om also in the majority of the European the of majority the in
Lno: ro Hl, 93, 85, 1983), Helm, Croom (London:
on January 1, 1937. 1, January on
itical offence. According to According offence. itical
allowed to wear their own own their wear to allowed political prisoners rece prisoners political - 50: Greece Greece 50: et fo 1 o 12 to 1 (from ment oos confinement gorous 162
Th
o 1 o 12 to 1 rom n political and in Comparative Comparative in is system of system is
Article 1 Article
ived ived for
of
CEU eTD Collection 168 167 166 15 art. Romania, 165 526. Civil War, Greek 164 punishment the as ser were misdemeanors of category broad a described 209 article order, social the against confinement rigorous 207). (art. order constitutional at the precisely, More respectively. order social and constitutional existing the against on directed section acts between The distinguished crimes. security internal as acts these defined code The espionage. and treason high the of interests the or existence the endangering at aimed acts prescribed security external concerning section The sections. separate two security. in issues these addressed state internal and external between differentiated measure61 crimes. aof for number punishment o forms extraordinary 193 of code penal the in included was property receive more andpackages. visits given also were They clothing.
Codul Penal Regele Carol al al Carol II Regele Penal Codul al Carol II Regele Penal Codul al Carol II Regele penal Codul Robert Goldstein, Goldstein, Robert ou pnl eee ao a II al Carol Regele penal Codul hnig h gvrmn truh iln itretos as interventions violent through government the changing aimed at causing economic and social instability. social and economic causing at aimed il I f h 13 cd, Cie ad idmaos gis te state” the against misdemeanors and “Crimes code, 1936 the of I Title most Perhaps
o tesn n hgwy ro highway and treason for - 16. 16.
Political Repression Political
important, neither the death penalty nor penalty death the neither important, punishmen f
hc cud last could which o tee cs Hwvr we te cs descr acts the when However, acts. these for
- - - lea l lea ea
- lea , , Book II, Title I, art. art. 208. I, II, , Title Book art. I, II, , Title Book
167 Book II, Title I, art. art. 184 I, II, Title Book h ih t kee to right the 164 Book ,
t. The first was provided as the highest measures of of measures highest the as provided was first The t. 165 , 86 ,
A
pnsmn fr hs acts these for punishment s
-
88, quoted in Polymeris Voglis, “Political Prisoners in the the in Prisoners “Political Voglis, Polymeris in quoted 88, , il II at 24 art. III, Title I, br wt mre, h lte was latter the murder, with bbery rm t 5 er. Concerni years. 5 to 3 from 50
p pe p
207 1936 . hy ee nrdcd n 1938 in introduced were They 6. - . 223. 223. snl aussc s books as such values rsonal
168
code mention code - 25. See also the 1938 Constitution of of Constitution 1938 the also See 25.
Correctional imprisonment was imprisonment Correctional
the
166 cs against acts
of confiscation general te oe stipulated code the , hrfr, h code the Therefore, ed ibed by article 209 209 article by ibed that any attempts any that g osbe acts possible ng
nation such as such nation
facultative a h existing the clearly ,
and to and which which
as as
CEU eTD Collection laws] penal special of series a containing appendix an with 1960 1, 1961). Ştiinţifică, (Bucureşti: Editura October until revised text Full pînă modificările 171 344. 2006), Juridic, Universul (Bucureşti: halfofjurisprudence] juris de jumătate şi secol Un militare. Tribunalele 170 169 position official Justice of Ministry the of General Secretary the Raţiu, penal Romanian 3.3. legislationcriminal to1953 from1948 (mostly made be also could These activities. against especially subject precisel became More changed. persecution political of character the II Carol King of pen 1936 1938 in beginning the of provisions the with accordance in punished were Romania of security internal the against misdemeanors or crimes of perpetrators the Whether lef extreme against mainly used was state the of security rigorous into changed confinement. was punishment the means, violent through committed were
Codul Penal Regele Carol al al Carol II Regele Penal Codul For statistics of cases trialed by military courts in Romania during this period see, Petrache Zidaru, Zidaru, Petrache see, period this during Romania in courts military by trialed cases of statistics For h pnl oe f h Pol’ Rpbi o Romania of Republic People’s the of code penal The Regele Carol Regele n eray 1948 February In internal the concerning legislation criminal Romanian period, interwar the During
members of the Protestant church).members of the
it
was the was 169
la data de 1 d 1 de data la
o n xrodnr legislation extraordinary an to on and continuing during the rule of Marshal Ion Antonescu (1940 Antonescu Ion Marshal of rule the during continuing and
when Romania became a personal dictatorship under the under dictatorship personal a became Romania when
those
communists or communists al h aedet of amendment the
II
-
lea individuals ecembrie 1960, urmat de o anexă de legi penale speciale [The Penal Code. Code. Penal [The speciale penale legi de anexă o de urmat 1960, ecembrie the communist government amended and republished republished and amended government communist the -
lea as
, Book II, Title I, art. art. 209. I, II, , Title Book Codul penal al Republicii Republicii al penal Codul
the
against those who refused refused who those against
h were who
members of the Romanian Legionary Movement, Movement, Legionary Romanian the of members
the prudenţă 1852 prudenţă 170 51
96 ea lw in law penal 1936
hc allowed which , upce o le of suspected oiou Oficial Monitorul
- 2000 ,
ad right and t [Military tribunals. A century and a and century A tribunals. [Military Populare Române. Populare xlie te government’s the explained
con
n rild ulse in published articled an for , 48 (1948). Text oficial cu cu oficial Text (1948). 48 , al code. code. al inr o communist or gionary y, political repression repression political y, scription into the army army the into scription
iceinr arrests discretionary
wing movements. movements. wing
Nevertheless, Nevertheless, personal rule rule personal 171
Ciprian - 1944), 1944), Codul CEU eTD Collection socialism] to capitalism 176 1004. 175 174 173 reform. the currency reform, and electoral the reform, agrarian mentioned the thereform, author judicial 172 law”, penal previous economic sector. any in strike to “preparing These socially dangerous ac any as defined code the of 3 paragraph 1, Article phenomenon. social predominantly a as criminality Moreover, approached code the definition. a gave new offences 1948 the criminal of code introd the identify can one framework for socioeconomic realties times”. the of the whose government, the described policy Raţiu Furthermore, legislative society”. Romanian the of structure social “new including government, democratic popular Nouă Justiţia
The penal code of the PRR code the of penal The 1. legislativă”, “Nouapolitică “Rolul justiţiei în trecerea de la capitalism la socialism” [The role of justice during the transition from from transition the during justice of role [The socialism” la capitalism la de trecerea în justiţiei “Rolul “Intenţia şi culpa în dreptul penal” [Intention and negligence in criminal law] criminal in negligence and [Intention penal” dreptul în culpa şi “Intenţia Nu pltc lgsaiă [h nw legi new [The legislativă” politică “Noua
“enemies of the regime” could include include could regime” the of “enemies eod i 14 te oe ttd h picpe f n pnsmn wtot a without punishment “no of principle the stated code the 1948 in Second, of guilty be words, other in committing a socially dangerousact. offender, an become may [sic], b remnants regime, this building of in enemy role the his or regime, of unaware still individual the [o]nly a When
in October 1948. October in nalyzing the amendments amendments the nalyzing 176 tions that could jeopardize could that tions - . aig s process a as making 174
Justi
except for those for except
Accordingly, that: explained Romanianjurists betv ws h “salsmn o a aeut legislative adequate an of “establishment the was objective ţia Nouă ţia , Book I, Title I, art. 1 I, , I, Book Title
uction of certain Soviet certain of uction
field” from the external and internal state security to the the to security state internal and external the from field”
3 (1949): 304. 3(1949):
172
Raţiu argued that all the re the all that argued Raţiu slative policy] policy] slative acts which . which 52
175 which which
the the security of the state or the social order social the or state the ofsecurity the
a broad category of individuals who individuals of category broad a
reform oth cases of capitalist societies’ societies’ capitalist of cases oth the communist brought to criminal law criminal to brought communist the - endangered state security. state endangered type jurisprudential innovations. First, innovations. jurisprudential type utţa Nouă Justiţia elce te poli the reflected
173 f justice of
1 (1948): 1. In addition to the the to addition In 1. (1948): 1 forms carried out by the by out carried forms wr te eut f the of result the were ,
Justiţia Nouă Justiţia h socialist the cie s of the new new the of s 177
However,
9 (1949): (1949): 9
were were
as ,
CEU eTD Collection 194 182 181 Nouă Justiţia 180 179 178 177 two state. the of security external the against crimes as defined High security. state internal his/her sent prison,butalsothe lives to ofthe members of affec punishment of form a as propriety of confiscation total crimes. economic and PRR the of security However, money. Initially of introduction of thePRR”. transformations political and economic huge the of result the as necessary “impetuously exam For from reception positive highly a enjoyed law criminal the of text the to brought law. criminal the of text so to dangerous by punishment of principle acts. c the 1949, by
The penal code of the PRR code the of penal The PRR code the of penal The 187/1949, no. Decree RPR code the of penal The The penal code of the PRR the of code penal The P mrie mdfcrlr ds lguio pnl” [ penale” legiurilor aduse modificărilor marginea “Pe - 194 types of crimes with the transmission of state official documents to foreign powers or or powers official foreign to documents the transmissionof state with crimes types of 178 -
h 14 code 1948 The modification main the penalties, of system the Concerning 5 (referring to espionage). espionage). (referring to 5 In addition to this provision, the criminal legislation of the PRR conformed to the to conformed PRR the of legislation criminal the provision, this to addition In this was allowed allowed was this ple, in an article published in 1949, a Romanian judge defined these changes as as changes these defined judge Romanian a 1949, in published article an in ple,
9 (1949): 1028. 1028. (1949): 9 180 ommunists introduced retrospective punishment for all socially dangerous dangerous socially all for punishment retrospective introduced ommunists
ciety could be punished by analogy even if not explicitly included in the in included explicitly not if even analogy by punished be could ciety
the
y 90 hs acin ol b apid lo o cie agains crimes for also applied be could sanction this 1950 by total confiscation of propriety as a mandatory form of punishment. punishment. of form mandatory a as propriety of confiscation total Monitorul Oficial Monitorul
, Book I, Title III, Section II, art. 25, 30 art. 25, II, Section III, , I, Book Title art. 1. I, , I, Book Title art. 4.I, Chapter II, , I, Book Title
179 eand h taiinl ifrnito bten xenl and external between differentiation traditional the retained , Book II, Title I, Chapter I, art. 184 art. I, Chapter I, Title II, Book , ny o css f ih rao a treason high of cases for only
s rsne in presented As treason and espionage were the main acts acts main the were espionage and treason
nlg. osqety acts Consequently, analogy.
25, (1949). (1949). 25, 53 181
h journal the
It is important is It
On the modifications brought to penal laws] laws] penal to brought modifications the On
- 193 (referring to high treason) and treason) high to (referring 193 -
utţa Nouă Justiţia 34. 34. entire family. 182 d mezeet f public of embezzlement nd
ted not only the individual individual the only not ted
here
The law associated these associated law The hc were which
to emphasize that emphasize to
t hs time this at te amendments the ,
which had been been had which
considered considered
w judges. s the as t the the t
the art. art.
CEU eTD Collection 188 the during office in (1955). Conference Geneva provisionsof committed revolution the regime and bourgeois class regime working the against “acts criminalized article 187 186 185 184 183 nature regime. ofthe provided Interior newspaper the in Oficial published be to had amendments its of each document, means endorsed officially only aimed at undermining thesocial of order thePRR. sabotage” “counterrevolutionary force. in remained respectively 209 article code penal 1948 the of 208 and 206, 205, 204, articles Therefore, validity. their lost king the of family the or person articles the abolished, was monarchy the the of part this However, respectively. order social and constitutional the to threats possible or threats as classified acts between Romanian law prior date. tothis organizations. international or domestic 1953) from (“counterrevolutionary” secret with cooperation the Raportul final CPADCR final al Raportul Rapo PRR code the of penal The PRR code the of penal The PRR code the of penal The Article 193(1), as amended by decree no. 63/1955 was the only section of the code keep secret. This This secret. keep code the of section only the was 63/1955 no. decree by amended as 193(1), Article . rtul final CPADCR final al rtul The distinction the maintained state the of security internal the addressing section The 187
Several decrees issued either by the Council of Ministries or byor th Ministries of Council byeitherthe Severaldecreesissued wih osdrd cs f errs ad plots and terrorism of acts considered which , Final Report Final 183
h cnet f cutreouinr ognztos ws unknown was organizations” “counterrevolutionary of concept The o te so the for 188 ”. It was kept secret because its retrospective nature was a violation of the the of violation a was nature retrospective its because secret kept was It ”.
By admBy , , Book II, Title, I, Chapter II, art. art. 209(1 I,II, Chapter , II, Title, Book I. Chapter I, , II, Title Book art. 194(1). I, Chapter I, , II, Title Book
, 189. 189. ,
of the CPADCR stated that the Penal Code was the regime’s the was Code Penal the that stated CPADCR the of
were repealed. Although substantially revised, article 207 and article207 revised, substantially Although repealed. were -
ald amnsrtv maue” opee te coer the completed measures” “administrative called
inistrative measures,one must
f repression. of
184 s seil cate special a as
n 93 atce 0 ws xedd o include to expended was 209 article 1953, In
oesfee motn mdfctos Because modifications. important suffered code which 54
186 described and incriminated attacks on the the on attacks incriminated and described
185 eas te ea cd ws pu a was code penal the Because
oy f cnmc crimes/offences economic of gory -
4). 4).
understand
gis te oil order social the against the e Ministry ofe decisions of Buletinul Buletinul cive cive blic to
CEU eTD Collection obligatoriu domiciliu 9. 2010), Corint, (Bucureşti: home confinement] and dislocations Population de fixări şi persoane 190 189 Securităţii istoriea O Cruzimii. http://www.presidency.ro/stati im was justice” “people’s The control. s factories, that fact the of light the in belonged justice peo having By justice”. of “reform Party’s Communist the the of dimensions pragmatic both and ideological understanding for aspect important an is assessors people’s of introduction tribunals military and prosecutors, military police, secret to the security state and involving cases panels of distribution judicial in included representatives people’s having of practice The take communist the 1945, to prior practice judicial hearing Romanian to in unknown tribunals not were military offences political to given jurisdiction extraordinary the and judges, of werepractice. notused injudicial their to Due nature. repressive citi decisions. confinement population of home targets and them dislocation making or camps labor forced to individuals assigning
Raportul final CPADCR final al Raportul plications of the second aspect: second the of plications zens of a series constitutional liberties and rights, and liberties constitutional series a of zens ioea Ionescu Nicoleta Although issues such as the law o law the as such issues Although ple’s assessors assessors ple’s ae inst tate -
over aseries brought in the hand the in
- Gură, Gură, ee the were ttos ad olcie am; l of all farms; collective and itutions, Dimesiunea represiunii din România în regimul comunist. Disclocări de de Disclocări comunist. regimul în România din represiunii Dimesiunea
, 196. 196. , c/ordine/RAPORT_FINAL_CPADCR.pdf
in courtrooms in , (1948
by 1952 by s an “innovations” main
of the people. However, this argument has to be questioned be to has argument this However, people. the of
-
1964), 126. 126. 1964), extraordinary character, the “administrative measures” measures” “administrative the character, extraordinary 190
the broad jurisdict broad the ,
, the election of election the ,
in reality in of changes concerning changesadministration of justice.of the
Te ieso o c of dimension [The
the communist government o government communist the n overturning of the irremovability and stability and irremovability the of overturning n
55
,
the justice of the Communist Party. The The Party. Communist the of justice the 189 hv focused have I
people’s assessors were held only in only held were assessors people’s hs poiin, hc deprived which provisions, These
were secret because of their highly their of because secret were ion given to military tribunals and tribunals military to given ion which were under the Party’s Party’s the under were which ommunist repression in Romania. Romania. in repression ommunist , 195. See also M. Oprea, Oprea, M. also See 195. ,
on
in this chapter. The The chapter. this in fficially stated that stated fficially
Bastionul Bastionul
CEU eTD Collection betweencriminality and political o thedistinction common blurred of definition new the how emphasize will I chapter next the In PRR. the of legislation criminal the to USSR the of legislation criminal the form borrowing legal of example I 1948, to prior legislation Romanian to unknown were three all that and punishment retrospective fact the of light the in and origin Soviet their to Due respectively. analogyby punishment of application the dangerous), (socially criminality was chapter the Pro Sovietized, I have focused on three aspects: the introduction of a new defi new a of introduction the aspects: three on focused have I Sovietized, . how observe to order In curacy
n hea in ig fecs gis te state the against offences ring
and to what extent the criminal legislation of Romania Romania of legislation criminal the extent what to and 56
w l b adesd n h following the in addressed be ill ffences. ffences. arg ue ue
that these are these that nition of nition CEU eTD Collection 194 193 192 191 enemies. potential polic social revolutionary of t support, construction the in obstacles being socialism. for them oppressed regimes communist opp political their prosecuted regimes authoritarian by order. security established the and state the of protection the with repression political state internal and external between difference the obscured antagonis political and ideological of era an In offence. political while other the on security), hand, one the on distinction a to led of object the as state the of notion abstract the with monarch the of person the substituted it precisely, French The politics. regimes’ these Revolu of symptom a as offence political portrayed
Polymeri Krichheimer, Otto Krichheimer, Otto Kirchheimer, Otto the latter CHAPTER 4: tion brought a major change concerning the definition the concerning change major a brought tion h avn of advent The twentieth of historiography Current 193 s Voglis, “Political Prisoners in the Greek Civil War”, 539. 539. War”, Civil Greek in the Prisoners “Political sVoglis, e salsmn o te omns rgm ad h implementat the and regime communist the of establishment he
a atclry n onre wee h cmuit oeet akd mass lacked movement communist the where countries in Particularly political offence. As Otto Krichheimer Otto As offence. political to acts aimed atto acts aimed
and Political Justice Political Justice Political Justice Political 194
between offences against the existence of the of existence the against offences between
However, because c because However, Communist Romanian Romanian Communist offences
. The former category referred to attacks to referred category former The . h interwar the
ies depended to a large extent extent large a to depended ies
against the government and political i political and government the against , 4 42. , 32 , overthrow 1 - - 42. 33.
uhrtra rgms hlegd hs prah to approach this challenged regimes authoritarian
ing ommunist legislation portrayed acts that might that acts portrayed legislation ommunist - 57 century authoritarian and totalitarian regimes regimes totalitarian and authoritarian century
the existing constitutionalorder.existing the
Criminal in Justice Operation onents
has observed, has on the repression of all real or real all of repression the on as enemies of the nation the of enemies as
of political offence political of on the nation’s security, security, nation’s the on state (external security) (external state m, dictatorial regimes regimes dictatorial m,
this change o change this nstitutions (internal nstitutions 192 191 connecting
o o its of ion However,
f focus focus f . More More .
while
CEU eTD Collection 198 197 http://www. 196 195 conducts of range wide a covering in succeeded it used, language vague organizations secret for working of types two only incriminated 209 article Overall, order. social the against “plotting” of acts for penalties prescribed impri political of phenomenon the of cornerstone the was 209 209. article of provisions Romania in imprisoned individuals census a from Data state” the against misdemeanors and I,“Crimes Title misdemeanors”, and crimes [sic] “EspeciallyII, Book Article 4.1. 209 the regime. repressive the sustained institutions these which to extent the scrutinize to aim I so the against plotting of accused individuals sentence and prosecute, investigate, to entitled authorities the which in manner the on insights Iprovide 1953. andwill 1948 Iaşibetween region of MilitarybeforeTribunal the order social canit be argued that the of transformation economic and political the hinter
Marius Oprea, MariusOprea, CPADCR final al Raportul CPADCR final al Raportul 927. Union”, Soviet Law.The Criminal Substantive “New Gsovski, Vladimir The which acts through Iaddress the process will In chapter this presidency.ro/static/ordine/RAPORT_FINAL_CPADCR.pdf
ia Report Final were legally classified as offences as classified legally were Bastionul Cruzimii. O istorie a Securităţii a istorie Cruzimii.O Bastionul , : “
constituted the pillars of pillars the constituted
plotting against the plottingsocial against order” the traditional definitionof politicalthe traditional offence validity. its lost
publish
, 212. 212. , ,
197 f h CAC epaie ta t that emphasized CPADCR the of
codnl, oain scholars Romanian Accordingly,
d y h CAC rvld tha reveled CPADCR the by ed
ihr oetc r internat or domestic either cs dseiaig propaganda disseminating acts:
between 1945 and 1945 between 58 judicial repression judicial cial order of the PRR approached these approached PRR the of order cial
.
Moreover,
(1948
1989 were accused of violating the the violating of accused were 1989 society as “so as society - 1964), 120. 120. 1964),
I will focus on cases brought brought cases on focus will I , 190. 190. , ional
in communist Romania communist in
e cs rsrbd under prescribed acts he have sonment.
thirty t
. However, due to the the to due However, .
of plotting against the against plotting of
cially dangerous” cially and establishing or or establishing and tesd ht article that stressed . These included These .
198 ecn o all of percent
hs article This
nature of of nature
acts. acts. , . 195 196
CEU eTD Collection suspects. interrogated and monitored police secret thewhich 203 202 201 200 199 Essay Introductory the out: stand documents three prisoner former a of file the actors: institutional which process a was offence an of I As fate. defendant’s the order social against 4.2. form ofpunishmentand for crimes notfor misd a waslabor forced important, Moreoffences. common onlyfor applied be couldpenalties order”. social the overthrown to “aiming for laborforced of of time a for confinement organizations these of favor in propaganda pun as However, misdemeanors. as order social the against Romania”. organizations to help carried government the against propaganda
The penal code of the PRR code the of penal The PRR code the of penal The PRR code the of penal The PRR, code the of penal The Because my primary focus in this thesis is on judicial practices, I will not address the stages through through stages the address not will I practices, judicial on is thesis this in focus primary my Because From h lgl lsiiain f case a of classification legal The In
the the 199
acts
wih tie t oetrw te dmcai ad cnmc re of order economic and “democratic the overthrown to strived which , 1948 version of the penal code retained the definition of acts of plotting of acts of definition the retained code penal the of version 1948 military,
f ltig gis te oil re to order social the against plotting of 15 to 25 years for establishing or b or yearsestablishing for 25 to 15
ae by made
mentioned mentioned Securitate the the , Book I, Title III, Chapter II. II. Chapter III, , I, Book Title II.Lin Chapter I, , II, Title Book II,Line IV. Chapter I, , II, Title Book
, Book II, Title I. Chapter II. II. I. Chapter ,II, Title Book
3 to 5 years. 5 to 3
aaiiay and paramilitary,
the the in the introduction of my thesis my of introduction the in , the Procuracy, and the court. the and Procuracy, the , rsctr, n te etnig tts B analyzing By status. sentencing the and prosecutors,
200 novd h priiain f several of participation the involved 201
A 59
ccordingly, article 209 dictated a punishment a dictated 209 article ccordingly, In accord In u by out idvdas ol sfe b correctional by suffer could individuals ,
played emeanors. the the
e III. III. e
violent means and also any type of of type any also and means violent ecoming members of an associationan of membersecoming ance with Title III of the code the of III Title with ance acs do Fascist a
crucial role in determining a a determining in role crucial 202
Secur smns o disseminating for ishments etc r international or mestic , t , 203 itate offences he legal classification classification legal he
W ’s final report, the the report, final ’s hen analyzing the analyzing hen
of plotting plotting of
important
both
CEU eTD Collection 205 204 gatheredevidenceduring against thesocial orde sug and investigation under organization the of character subversive the emphasized officers gr these of goals paramilitary or military o “subversive” individual the order, social contextualize conclusions force a to assigned be should person a if 4.2.1. sparely. discuss will I investigations, conduct to namely attributions, similar extent some to had prosecutors communist in functioned I documents, these
ACNSAS, Fond penal TMI, file 745, vol. I, 2. I,vol. 2. file 745, TMI, penal Fond ACNSAS, MariusOprea, gested The The In order to present t present to order In order ”. social the against plotted followed] investigations the of subject the made the that individuals the of name [the government, of with form new the overthrown contacts establishing at aimed imperialist association an founding [B]y on Depending
( that due to this reason this to due that s Securi )
drawn d into a scenario. In establishing scenarios for acts of plotting against the the against plotting of acts for scenarios establishing In scenario. a into d hm together them ne investiga under rganization. Special emphasis was put on put was emphasis Special rganization. Ba 205 stionul stionul
t Securitate
ate forces that were preparing to attack the PRR in order to to order in PRR the attack to preparing were that forces by the the by
il i t provide to aim will
and the Procuracy r. Therefore,r. it the evidence collected during investigations, the investigations, during collected evidence the Cruzimii
the Romania he file before a before file he
Cut erns n snecn sau wl be will status sentencing and hearings Court . Securitate usually began by presenting the stages through which the the which through stages the presenting by began usually investigations andinvestigations
in eie t ognz o beco or organize to decided tion , 144 the accused(s) should be put on trial on put be should accused(s) the .
Due .
can s fies t h ed f h investigation the of end the at officers ’s d labor camp or brought before the before brought or camp labor d
be
us I rfigter reports their drafting In oups.
o h fc ta the that fact the to judicial panel judicial 60
nih it the into insight read in the read
from that from Securitate
the a prosecutor had to evaluate the the evaluate to had prosecutor a establish its legal classification.establish legal its
details utc mcaim which mechanisms justice Securi ’s reportsthat: me
which concerned which
tate for acts of plotting plotting of acts for Securitate a
the the s fies and officers ’s member of a a of member
court. Securitate
discussed
decided 204 s
were
The the ’s
CEU eTD Collection 210 209 208 207 206 concluding: the the of background political “reactionary” the stressing the parties, democratic former the of one of member enemies”. regime’s the of voices the to listen to start which environment, school the in belonging elements misguided “ that: noted prosecutor the organization, simila a In government.previous the of supporters by spread venom” of full whispers the listen to infringed individual this that wrote prosecutor the worker, centra a had offender(s) acts the commit to argumentsinformation theoffender embodiedjudgmental concerning themotives thatled collected evidence under was he/she which for acts the offender(s), the of name the by made investigations the to “[A]ccording phrase the with began c the sending for reasons prosecutor the of task The
ACNSAS, Fond penal TMI, file 1970, vol. I, 3. I, vol. file 1970, TMI, penal Fond ACNSAS, TM penal Fond ACNSAS, ofthe Cross Brotherhood The II,5.vol. file 745, TMI, penal Fond ACNSAS, II,5. vol. file 745, TMI, penal Fond ACNSAS, Introductory Essay Introductory violent means, [the accused] should be brought before the court in in court the before brought be should accused] [the means, violent socio the overthrown association, to aimed which subversive a establishing by order social the against na plotted [the that fact the [g]iven cs ivlig gop f ih col tdns who students school high of group a involving case r
gis hmhr followed. him/her against hc hd been had which , the prosecutor legally classified the acts described in the file by file the in described acts the classified legally prosecutor the , l role in this context. For exa For context. this in role l I, file 1068, 42. 42. file 1068, I,
ase to trial to ase
-
was to explain in the so the in explain to was the name of the organization; organization; ofthe name the
. 209
This e f h idvda cniee followed] considered individual the of me
etoe i te ie Te oil tts f the of status social The file. the in mentioned oee, seily hn h ofne ws a was offender the when especially However,
Introductory Essay Introductory
rţa e Cruce de Fraţia 61 - economic order of the PRR through PRR the of order economic
206
h narrative The - called
mple, in analyzing the file of one of file the analyzing in mple, prosecutor approached the file by by file the approached prosecutor
accused
upon 208 Introductory Essay Introductory
had two parts. The first part part first The parts. two had
a etbihd y some by established was
. the law because he “start “start he because law the 210
investigation
hc cnand this contained which In the second part of part second the In Securitate had had set up an an up set
ad the and , the legal the ”. The The ”. 207
CEU eTD Collection 212 211 and accusations, the to accused was the guilt of on new a claimed and prosecution the by suggested Essay Introductory ope court the of president cou the present, not were they If witnesses. clerk A witnesses. the judged, offence the accused(s), the 4.2.2. S fact acted activity, judicial the supervise to had theoretically who prosecutors Justice, of Ministry observed be can justice” “people’s the of feature intriguing An penalties. harsher to subject were them approach as order social the against plotting of acts the in suggestions the with accordance these Ia the of Tribunal Military the at heard cases misdemeanors,
ACNSAS, Fond penal TMI, file 650, vol. I,vol. 26. file 650, TMI, penal Fond ACNSAS, I,vol. 7 file 745, TMI, penal Fond ACNSAS,
type A court hearing began by introdu by began hearing court A as order social the against plotting of acts defined code penal the Although plotting against order. thesocial ac entencing the “enemies the people’s” of
cordance with article 209 of the penal code and trialed for for trialed and code penal the of 209 article with cordance within this context. Because until 1952 until Because context. this within as part ofsystem.as thesame part s
f cs were acts of alike. A possible explanation for explanation possible A alike. I sm css te ees ojce t te ea classification legal the to objected defense the cases, some In . recorded then the panel retired to deliberate to retired panel the then
contested. Finally, the court a court Finally,contested. the
eual trialed regularly e te lo t te prosecutor the to floor the ned
the entire procedure. The next next The procedure. entire the 211 Securitate - 8. Emphasis mine. mine. Emphasis 8.
cing the members of the panel, the prosecutor, the panel, the of members the cing
62
incriminating
crimes
s rms Apocig h eiec in evidence the Approaching crimes. as t dism rt
this approach can be the fact that crimes crimes that fact the be can approach this
’s report, prosecutors legally classified classified legally prosecutors report, ’s the e.
n indicat and
sked the accused how he responded he accused how the sked Neither t Neither Procuracy was subordinated to the to subordinated was Procuracy se ter etmne. Then testimonies. their issed
articles, the lawyer, and the the and lawyer, the articles, . 212 şi regio şi
When he h hd to had who ed phase
offence(s) itself nor the nor itself offence(s) that
n demonstrated that demonstrated n they returned to returned they crimes a t ha the hear to was judges present
of of ought , the the ,
the his in in to
CEU eTD Collection 216 215 177. (1949): 214 213 enemy” “class the receivedacts that a and were presented name as his offences: section this in was It statement. sentencing the of text the in regi socio with additional were these Although occupation, current and former highli meant offence the of context hearings. case during especially method, dialectic the applying co his advised judge Romanian exploitatio of abolition the for in compiled evidence the if see should conscious “revolutionary their an toapunishmentthewill allusion ofthe given people. inaccordancewith panel, the name by law” of the which the judgespresented the courtroom,
“Adevarul material şi lucrul judecat” [The formal truth and Res Judecata] formal and truth [The judecat” şimaterial lucrul “Adevarul 177. Populare”, Justiţiei al creare de “Procesul al creare de “Procesul I,vol. 27. file 650, TMI, penal Fond ACNSAS, me. The accused and the offence( the and accused The me. the infringement, thejud - oiia raiis f h PRR the of realities political sustained their decision. sustained their decision. journal the in articlepublished An s The h nraie f the of narrative The
the emphasis put on the unanimous nature of the decision the of nature unanimous the on put emphasis the entencing status emphasized how emphasized status entencing
a Justiţiei Populare” [The process of creating people’s justice] justice] people’s ofprocesscreating [The Populare” Justiţiei
unanimous vote. unanimous
ges were required
sentencing es i snecn individuals. sentencing in ness” n” and the building of socialism. of building the and n”
pieces of information in information of pieces
- okr t fcs n h cnet f h ofne by offence the of context the on focus to workers the ghting the defendant’s class position based on his/her his/her on based position class defendant’s the ghting
result of their deliberationtheir of result and of the achievements accomplished by the new new the by accomplished achievements the of and
s 213
) property the file “constitute obstacles to the people’s fight people’s the to obstacles “constitute file the
for
tts ea b giving by began status Due to the presencethe peopl of Due tothe Justiţia Nouă Justiţia
63
which he which
the panel panel the to consider them to asevidence. they
/she was trialed were stated second stated were trialed was /she we, and owned,
mentioned that judges should use judgesshould that mentioned
the file, the had
issued the decision “in the the “in decision the issued and argued for the motivesarguedthe forand
Justiţia Nouă Justiţia 214 215
and bif con o the of account brief a
216
hs en ta they that meant This In a simila a In the
can be explained be can
nesadn the Understanding not directly linked linked directly not Justiţia Nouă Justiţia parental origin. origin. parental e’s assessorse’s in
3 (1950): 360. 360. 3 (1950):
r article r
2
as
a
CEU eTD Collection 223 1002 222 221 Law] Criminal 220 219 218 217 his/her of th that mentioned statement grater”. even is guilt the acts, his of consequences guilt of degree subjec the on emphasis schola legal Romanian practice, judicial this Promoting crime as follows: of side” subjective “the and side” “objective the between differentiated jurisprudence origin. Soviet of was practice judicial Nouă Justiţia crime”, the motivations. personal commit and background to defendant the led that causes punishme the “individualize to had court The
ACNSAS, Fond penal TMI, file 1970, vol. I, 88. 88. I, vol. file 1970, TMI, penal Fond ACNSAS, 762. sovietic”, penal în dreptul contrarevolutionare “Infracţiunile 321. şi pronunţare”, deliberare “Despre sentencing] and [About deliberating şi pronunţare” deliberare “Despre ACN “Infracţiunile contrarevolutionare în dreptul penal sovietic” [Cou sovietic” penal dreptul în contrarevolutionare “Infracţiunile “Intenţia şi culpa în dreptul penal” [Intention and negligence in criminal law] law] criminal in negligence and [Intention penal” dreptul în culpa şi “Intenţia - 1003. 1003. from althoughAugust types these gatherings when banned 1947, of were (…). frequent to continued they meetings whose Party, National formerPeasants the of section young pe the of each members of also were name followed] [the organization subversive this of members [T]he SAS, Fond penal TMI, file 1970, vol. I, 4. I, vol. file 1970, TMI, penal Fond SAS, regarding the socially dangerous consequences of his [criminal] [criminal] his of consequences dangerous socially activity. the regarding subject The and the causal result. andits betweenconduct thecriminal relationship reached is result this which through activity the crime], the of result [the result dangerous socially a of: consists crime of side objective [T]he
acts”. Justiţia Nouă Justiţia
by Leonid Miller, adviser at the PRR’s Ministry of Justice, this type of of type this Justice, of Ministry PRR’s the at adviser Miller, Leonid by . This was This . 221 223
ive side of crime consist of the perpetrator’s state of mind mind of state perpetrator’s the of consist crime of side ive The final part of the sentencing status announced the penalties penalties the announced status sentencing the of part final The
tive 7 (1949): 760. 7(1949):
because: “[T]he more the individual is aware of the dangerous the of aware is individual the more “[T]he because: e accused e ie f h ifigmn when infringement the of side
who disobeyed the law was law the disobeyed who 219 220
64 s lal sae i a atce ulse in published article an in stated clearly As Moreover, nt” according to “the act committed and the and committed act “the to according nt”
222 ilr xlie how explained Miller rs argued that judges should place should judges that argued rs
nterrevolutionary Crimes in the Soviet Soviet the in Crimes nterrevolutionary
osqety te sentencing the Consequently, 218
determining the defendants’ defendants’ the determining Justiţia Nouă Justiţia
nldn hshr social his/her including
“awa 217 Justiţia Nouă Justiţia
re of the illegality illegality the of re
3 (1951): 321. (1951): 3
rson
h Soviet the
9 (1949 9 to be to
the the ),
CEU eTD Collection of classification legal the deciding in that demonstrates it Moreover, claim. this supports the with began the of conclusions the by established was offence an of classification legal the that observe Milit the before brought which through process the in involved mor be To plot during mechanisms was 209 article random. not was article this again focu by argument this agencies enforced upheld was penalizing opponents, its B plotti of acts for different blurred. was offences common correctiona and labor forced were penalties the 209, articleof provisions the with Inaccordance imposed. ecause the form of punishment was forced labor, forced was punishment of form the ecause ting against the social order social the against ting Securitate st the social order and required they be they required and order social the st An aim of this thesis w thesis this of aim An ain between iation e accurate, I have done this b this done have I accurate, e
o b te tts f rmnl as bt by but laws, criminal of status the by not s fies Te at ht the that fact The officers. ’s cnieet Ti sos ht h dsicin ewe pltcl and political between distinction the that shows This confinement. l
g a oiia ofne rcie pnsmns o ordinary for punishments received offence) political (a ng hae []crig o h ivsiain md b the by made investigations the to “[A]ccording phrase
the law the cornerstone of political repression exercised through judicial judicial through exercised repression political of cornerstone the the communist regime. In the light of this, I have shown have I this, of light the In regime. communist the ig n ril 29 hc ciiaie vros cs f plotting of acts various criminalized which 209 article on sing ary Tribunal of the Iaşi region Iaşi the of Tribunal ary penalties
but also in forcingbut alsoin work to for them thesystem.
and how they and how
I focused on it because, a because, it on focused I as to demonstrate that the repressive the that demonstrate to as came for common and common for lhuh h cd o 1948 of code the Although to be regulated as regulated be to
y interpreted it. interpreted
analyzing acts 65
punished nrdcoy Essay Introductory
uh s hs n w one this as such
political offences, individuals trialed individuals offences, political documents issued by the main actors actors main the by issued documents the regime succeeded in not only in in only not in succeeded regime the
In this chapter IIn have chapter this . This approach This . ccording to Romanian scholarship scholarship Romanian to ccording as misdemeanors. My misdemeanors. as
offences against the social order social the against offences rather
h mne i whic in manner the
eand h traditional the retained written r ciiaie and criminalized ere
nature of the regime the of nature
has
by prosecutors prosecutors by
allowed me to me allowed
demonstrate
how acts of of acts how selection of of selection Securitate offenders. h the the h d ” .
CEU eTD Collection new conclusions. subscribin by argument their constructed prosecutors investigations, during compiled evidence the
g to the results of the of results the to g
investigations of the of investigations 66
secret police rather than formulating formulating than rather police secret CEU eTD Collection Party’s Communist the to react should he where should man” “new the how dictate to right its “reserved” Party Communist the living, of standard people’s of improvement the was goal declared primary regime’s the of one because However, policies. institutional and social various govern communist the governance, order” social “new a creating Party Communist the that is works natu repressive the and country, the of transformation” “Socialist the regime, communist the of establishment in Romaniathe traditional sense Romania of Republic government of form obtain to means a as emphasized have I As justice legitimacy. of administration the the transition, approached this Party During Communist order. constitutional and social new a toward transition (1944 take communist the of context the within government communist the by out carried must one is yearsRomania in communist duringthe - 1947) and Sovietizat and 1947) In The topic of justice, and and justice, of topic The
hud live. should osdr I t In consider. current
Romania - . Although . a monarchy a
re of the communist politics. communist the of re ehp most Perhaps i tei I ae prahd h Romanian the approached have I thesis his ion of Romania of ion scholarship, n
s el as well as from 1938 one cannot one 1938 from - , ,
to a new a to this was a t a was this the R ment particularly
ruled Conclusion importa
projects of social engineering. Accordingly, the the Accordingly, engineering. social of projects omanian kingdomomanian was
f oai impleme Romania of
a
oit truh sre o plce amd at aimed policies of series a through society (1948 67
ay ok hv be witn bu the about written been have books many complex complex social and constitutional order constitutional and social “e mn. ie n ohr ytm of system other any Like man”. “new a nt, they also dictated how the “new man” man” “new the how dictated also they nt,
ransition from a traditional an traditional a from ransition rmnl utc ad t administration its and justice criminal - 1953). These were stages of stages were These 1953).
One of the main arguments in arguments main the of One issue because to the various aspects various the becauseto issue
technically
be born, educate, and fed, or or fed, and educate, born, be td t plce through policies its nted only abolished only
speak speak
eom f justice of reform of a of
- the People’s People’s the d legitimate legitimate d
a period of of period a
in 1947. monarchy
- these over over
CEU eTD Collection enforcement, Romania from 1936to1948. legal changes, issue, second the Concerning system. judicial uniform a instituted government legislation. Co re institutional Romania US the in developed concepts and practices legal of transplantation the approached 1948 political of consolidation thecomm relevant is tribunals these context al crimes war over jurisdiction with (1945) Tribunals People’s of establishment The (1948). panels judicial into representatives people of introduction measures important Two Part the for opportunity the created Minster the became Romania, in portfolio hold how communist first the Pătrăşcanu, Lucreţiu when 1944, in began politics. the retained also Party
were significant steps toward the Sovietization of the country. In this context, IIn were towardof context, thecountry. the this steps Sovietization have significant Although . ept ta te ea Cd o 13 was 1936 of Code Penal the that Despite Both the to justice subordinating of process The
. More precisely, More . I showed showed I
promulgation of a new constitution and the amen the and constitution new a of promulgation
h “noain” ruh b cmuit cagd t nature. its changed communists by brought “innovations” the ncerning the first issue I first issue ncerning the - organization of the judiciary and the modifications brought to criminal criminal to brought modifications the and judiciary the of organization this this h cniute ad h rpue i te et f ea lgsain of legislation penal of text the in ruptures the and continuities the
right to punish punish to right uiil practice judicial
must to my thesis my to aefcsdo w opeetr ie o eerh the research: of lines complementary two on focused have I
be mentioned: the purge of the judiciary (1945) and the and (1945) judiciary the of purge the mentioned: be unist regime.unist
to interfere in the court’s deci court’s the in interfere to
for understanding how the judiciary facilitated the the facilitated judiciary the how understanding for presented the stageswhich presented through any
a not was
68 individuals of Justice. During his mandate, his During Justice. of
f oit origin Soviet of
omns Party’s Communist
subsequentl who opposed or could oppose its oppose could or opposed who dment of the Penal Code in Code Penal the of dment so
, aedd ic its since amended y must be stated in this this in stated be must
sion h etbihet of establishment the - making process. making
the communist the communist political goals goals political
a Pătrăşcanu’s ministerial ministerial Though SR to SR
CEU eTD Collection the against offence an of convicted be to individual an For actors. institutional the on only focused I have thesis this In accused. the and courts, the bar, the office, Prosecutor’s inclu This process. actors the consideration into take to has one administration, jeopardize bothexternal andinternal statesecurity. with linked was “counterrevolutionary” term the 1953, in law criminal Romanian into time first the for Incorporated sabotage”. “counterrevolutionary other th On goals. complementary two followed legislation criminal statedhaveI As revised. substantially was state” the against and total confiscation modifications. several suffered penalties of system t introduced code the that Second, dangerous”. “socially became PRR the of order social phenomenon. social predominantly a as criminality approached code the that First, issues. main three what dictators Antonescian and Carlist (the regimes previous Romania’s mechanism judicial through out carried repression political e rnils f retrospective of principles he e provisions e
internal state internal
, the introduction of new concepts such as “counterrevolutionary organizations” and organizations” “counterrevolutionary as such concepts new of introduction the , the Sovietization of the criminal legislation meant. Accordingly, I have emphasized have I Accordingly, meant. legislation criminal the of Sovietization the code 1948 the Although o nesad h cmlx e o communist of web complex the understand To
Any which were which
of property security, I have highlight how highlight have I security, ded cins wih ih hv joadzd the jeopardized have might which action(s)
the the
Securitate aimed at defending the previous form of gov of form previous the defending at aimed
became a mandatory form a ofpunishment. became mandatory
punishment and punishment by analogy. Third, that the the that Third, analogy. by punishment and punishment
retained the traditional differentiation between external external between differentiation traditional the retained
(in cases involving offences against the state), the the state), the against offences involving cases (in 69
the section “Crimes and misde and “Crimes section the
s an As
,
ex the modifications brought to broughtto modifications the which were which the one hand, the repeal of of repeal the hand, one the - ye f rmnl justice criminal of type ample, s ce
a nt nnw to unknown not was rtain acts which acts rtain constitutional hips) I showed how the the how showed I
ern involved in this this in involved I ae shown have I , ment, on the on ment,
meanors and the the and
could CEU eTD Collection system. determine to also Romanian scrutinized the of conclusions officers. the by established was offence an of classification o to me allowed has approach This court. military a before offences as brought were order social the against plotting of acts which through process the on o the of sentence the pronounced Finally, force. in legislation criminal the with accordance in misdemeanor(s) the by investigated act(s) then would evidence “solid” was there When possible). (whenever evidence collect to and investigations conduct to had Securitate the case, a build to order in First, part. important s ca ad osiuinl re o te R, ah f h isiuinl actors institutional the of each PRR, the of order constitutional and ocial
n h lgt f hs ruet I ocue ht dur that conclude I argument, this of light the In
, the , communist regime was regime communist precede
goal of the of goal
niiuls t cml wt i, ahr ht raig better a creating that rather it, with comply to individual(s) the prosecutor’s office. The task of a prosecutor was to decide if the if decide to was prosecutor a of task The office. prosecutor’s the
highly propagandized “reform of justic of “reform propagandized highly Securitate ffence under consideration. under ffence
to
gi ve
70 legitimacy to the new political authority and authority political new the to legitimacy osiue ofne, be offences, constituted
In this thesis I have focused focused have I thesis this In n te eid hc I which period the ing e” carried out by the the by out carried e” bserve that the legal the that bserve
it crime(s) or or crime(s) it Securitate
the judges judges the played , the case case the , justice justice an an ’s ’s
CEU eTD Collection 1953) Romania, in Jurists of Union the of Journal The Oficial Monitorul Newspapers containingappendix (Bucureşti: a ofspecial series penal laws] Editura 1961). Ştiinţifică, an with 1960 1, October until revised text Full Code. Penal [The speciale penale legi de oficial Text Romania] Române Populare Republicii al penal Codul II al Carol http://freelex.juridic.ro/ Regele penal Codul Penal codes 34 (1938). “Decretul siege nr.856”, no.856onthestate [Decree of inRomania] of thejudiciary] organization the on 132 no. organizarea[Decreejudecătorească” pentru 132 “Decretulnr. the disastercountr ofthe for de guilty those of sanctioning the and sau down taking the on 312 no. ţării [Law război” de crime dezastrul de vinovaţi celor sancţionarea şi urmărirea pentru 312 nr. “Legea s and irremovability the of overturning judges] the corpului on membrilor 640 stabilităţii no. şi [Law inamovibilităţii judecătoresc” suspendarea privind 640 nr. “Legea Laws Ar Archives Primary sources hiva Consiliului Naţional hiva Consiliului pentru Securităţii StudiereaArhivelor [ACNSAS]
. and decrees
Monitorul Oficial Monitorul
Buletinul Oficial Buletinul
cu m .
ywarcrimes] and
294 (1944). odificările pînă la data de 1 decembrie 1960, urmat deodificările oanexă de 1decembrie pînă la 1960,urmat data
15 (1949). Bibliography -
lea Monitorul Oficial Monitorul 71 [
The [The penal code of the People’s Republic of of Republic People’s the of code penal [The
Justiţia Nouă Justiţia rmnl oe f ig ao II Carol King of code criminal
94 (1945).
[The New Justice] (1945 Justice] New [The Monitorul OficialMonitorul
tability of of tability ]
- .
CEU eTD Collection in System Judicial the Magazine), 1(2009). Years”, of 60 Past Evolution the “The During Horaţius. Romania Dumbravă, and Călin, Dragoş, 2005. C. 1948 propaganda, the and state The Mâţă, Romania. [Communist and E., Denize, 1948 Gheorghiu Romania. in Terror Communist Dennis. Deletant, Press, 1990. Robert. Conquest, ed Ivan, Ruxandra administration], and 2009. Polirom, ideology between regime communist administraţie şi ideologie între comunist funcţiile judi the of purposes the şi crearea Despre and creation the About regime. communist românesc. Romanian the of [Stages judiciare” instituţiei comunismului ale “Ipostaze Ramona. Coman, Butler, E. William. Palgrave 2000. Macmillan, Paul. Brooker, 2001. Polirom, Editura Iaşi: regime). communist the in crowd leader, Individual, psychology. (Political Lavinia. Betea, The deatha leader). communist ofBucuresti: Editura Humanitas, 2001. Lavinia.Betea, Harvard 1963. University Press, Harold. Berman, 1975. Hannah. Arendt, 2. PRR în 1952. Juridică, justiţiei organizarea privind PR injustice of organization decrete şi Legi primaryPublished sources Secondary sources -
1965. New York: St. Martin’s1965. New St. Press, York: 1999.
Non
Lucreţiu Pătrăşcanu. Moartea unui lider comunist lider Pătrăşcanu. Moartea unui Lucreţiu
The Origins of Totalitarianism of Origins The shlge oiiă Indi politică. Psihologie utc i te SR A Itrrtto o So of Interpretation An USSR: the in Justice The Great Terror. A Terror. Great The - Soviet Law Democratic Regimes: Theory, Government and Politics and Government Theory, Regimes: Democratic
cial system], in system], cial
R]. Bucureşti: Editura de Stat pentru LiteraturăEconomicăşi pentru Stat deBucureşti:Editura R].
Ro .
London,Butterwortths, 1988.
âi cmnsă Sau ş poaad, 1948 propaganda, şi Statul comunistă. mânia “Transformarea Socialistă” Politici ale regimului ale Politici Socialistă” “Transformarea eit Frml Judecătorilor Forumul Revista Reassessment. Edmonton, University of Alberta Alberta of University Edmonton, Reassessment.
[“The Socialist Transformation”. Politics of the of Politics Transformation”. Socialist [“The 72 i, ie, uţm î rgml communist regimul în mulţime lider, vid,
. New York: Harcourt Brace Jovanovich, Brace Harcourt York: New .
- [Laws and decrees on the the on decrees and [Laws 1953]. Iaşi: Editura Polirom, Editura Iaşi: 1953].
- e ad h Plc State, Police the and Dej
(Lucreţiu Pătrăşcanu. it Law viet
Jde’ Forum (Judges’ . Houndmills: . Cambridge: . ., - 1953 Iaşi:
CEU eTD Collection eds. Dartmounth:1999. Ashgate, Introduction” in Krygi operation The Samuel. Kucherov, Princeton, Princeton 1961. University Press, Kir trial.Augustcommunist 29 august 29 Doina. Jela, Bucureşti: confinement]. home and dislocations 2 Corint, Population Romania. in repression obligatoriu domiciliu de fixări şi persoane de Disclocări Ionescu Europe Eastern and Union Soviet the GrzybowskiKazimierz New Yor eds., in Courts and Law in Union” Soviet The Law. Criminal Substantive “New Vladimir. Gsovski, the Soviet Unio .Eds., Kazimierz Grzybowski and Vladimir, Gsovski, Iaşi: Romania]. 2009. Polirom, românesc postcomunismul Raluca. Ursachi, and Raluca, Grosescu, Vladimir an Europe Eastern and Union Soviet the in Courts and Law, Government, in Romania” Law. Criminal Substantive “New Anton. Wekerle, and Raoul, Gheorghiu, CambridgeUniversity Press, 1993. Roberta. Manning, and Arch J. Getty, Bucureşti,constitutional historyRomania]. 2008. of Eleodor. Focşeneanu, Europeanof CentertheFree 1957. Studies European Committee, Fischer ed., Cheltenham: Edward Elgar Pub,2006. in Transplants” “Legal Jörg. Fedtke, hemr Otto. chheimer, r Mri, n Cant, dm “h Rl o Lw fe Cmuim An Communism. after Law of Rule “The Adam. Czarnota, and Martin, er, - - Galati, Stephen. Gură, Nicoleta. Nicoleta. Gură, 010. . Leiden: Brill,. 1970. E.J. - spebi 1952 septembrie 1 d Kazimierz Grzybowskid Kazimierz Frederick1959. York: A.Preager, eds., New Cazul Nichita Dumitru Nichita Cazul
n and Eastern Europe n andEastern The Rule of Law after Communism after Rule ofLaw The
oiia Jsie Te s o Lgl rcdr fr oiia Ends Political for Procedure Legal of Use The Justice. Political
soi cnttţoaă Rmne: 1859 României: a constituţională Istoria Romania ras f oit diitain f utc: hi hsoy and history their Justice: of Administration Soviet of Organs ieina ersui dn oâi î rgml comunist. regimul în România din represiunii Dimesiunea -
September 1 Tastoa jsie Fo Nrbr t post to Nürnberg From justice. [Transitional
Ncia uir cs. tep o rcntutn a reconstructing of Attempt case. Dumitru (Nichita . NewFrederick York:A.Pra
. Elgar Encyclopedia to Comparative Law Comparative to Encyclopedia Elgar . New York: Frederick York:. New 1959. A.Praeger, Încercare de reconstituire a unui proces comunist. proces unui a reconstituire de Încercare k: Frederick A.Preager, 1959.k: St st Justiţia penală de tranziţie. De la Nürnberg la la Nürnberg la De tranziţie. de penală Justiţia ). Bucureşti: Editura). Bucureşti: Humanitas, 1995. lns Tro: e Perspectives New Terror: alinist
73
, Krygier, Martin, and Adam Czarnota Adamand Czarnota Martin,, Krygier,
oenet Lw n Cut in Courts and Law Government,
[The dimension of communist communist of dimension [The egerMid for the , Vladimir Gsovski and and Gsovski Vladimir ,
-
2003 , vol. 2, Gsovski 2, vol. ,
rev. ed. [The [The ed. rev. Cambridge: . Government, - . Jan Smith Jan . communist
-
. CEU eTD Collection The Noica Stelian. Tănase, University 2002. Press, Tamanaha in Totalitarianismului Totalitarianism” of Essence the over Debate American “The Lavinia. Stan, I Aleksandr. Solzhenitsyn, University 1996 Press, Jr. Peter Solomon, InterpretationEssays inHistorical ed., Tucker C. Robert in Culture”Legal Soviet and Robert.“Stalinism Scharlet, in Law” Comparative to American Journal ofComparative Law Approach Dynamic A Formats: “Legal Rodolfo. Sacco, Rees,New eds.Washington: Aca in Period Postwar Europe” the Eastern on Perspectives of New Europe. Sovietization “The A. E. Rees, 1996. Law Totalitarian in Issues” and Concepts Law: “Totalitarian Adam. Podgorecki, cruelty.Securitate Ahistory ofthe (1948 Marius. Oprea, Systems Polish and French, Groningen, 2008. Dutch, Czech, the of Study P. Tony Marguery, Publishers, 2000. Juan. J. Linz, 1996. in Effectiveness” Totalitarian Law and Totalitarian “Law Antonio. Spina, La Law”,(1990): 633 of Rule the and “Marxism Martin. Krygier, nvestigation
, -
Pillat trial). Bucureşti: 1997. Pillat Editura Humanitas, - Brian. 663. . New York, Harper and. New 1985. York, Row,
Basti Anatomia mistificării: Procesul Noica Procesul mistificării: Anatomia
. Adam Podgore Adam . Dartmouth, UK: Aldershot eds. Olgiati Vittorio and Podgorecki Adam ,
oaiain n Atoiain Regi Authoritarian and Totalitarian On the Rule of Law. History, Pol History, Law. of Rule the On
[The Archives of Totalitarianism], 4(1994): 39 Archives[The of Totalitarianism], Unity and Diversity of the Public Prosecution Services in Europe. A Europe. in Services Prosecution Public the of Diversity and Unity
onul Cruzimii. O istorie a Securităţii a istorie O Cruzimii. onul oit rmnl utc udr Stalin under Justice Criminal Soviet .
The Gulag Archipelago 1918 Archipelago Gulag The demia Publishing, 2008. cki and Vittorio Olgiati eds. Aldershot UK: Dartmouth, UK: Aldershot eds. Olgiati Vittorio and cki . New York: 1977. Norton, 39 (I), 1(1991): 1 no. - 1963)], Iaşi: Polirom, 2008. Iaşi: Polirom, 1963)], 74
, Balázs Apor, Péter Apor, and E.A. E.A. and Apor, Péter Apor, Balázs , itics, Theory itics, a ad oil Inquir Social and Law - - Pillat mes. 1956. An Experiment in Literary Literary in Experiment An 1956.
(1948 h Sveiain f Eastern of Sovietization The .
Groningen: Rijkuniversiteit Rijkuniversiteit Groningen:
- (Anatomy of mystification. of (Anatomy Colorado: Lynne Rienner Rienner Lynne Colorado: Cmrde Cambridge Cambridge, . 34. . Cambridge: Cambridge Cambridge Cambridge: . - oaiain n Post and Totalitarian 1964) [Fortifications of of [Fortifications 1964) oaiain n Post and Totalitarian
- 46.
y 1, o 4 no. 15, , Stali Arhivele nism. The - - CEU eTD Collection http://freelex.juridic.ro/ http://www.crimelecomunismului.ro/en/about_iiccr http://www.cyberussr.com/rus/uk58 http://avalon.law.yale.edu/wwii http://www.presidency.ro/pdf/date/8288_en.pdf http://www.p 3. 2006. Juridic, Universul Bucureşti: jurisprudence]. of half a and century A tribunals. [Military Petrache. Zidaru, (1978): 313 Change”. Legal andLaw “Comparative Alan. Watson, University Georgia 1993. Press, of Watson Comparative Perspective”, Voglis. Civil “Political 1945 Polymeris. intheGreek War, Prisoners dictatorship Romania in [ Romania. în comuniste dictaturii analiza pentru presidenţiale Comisiei al Final Raportul York: The Press, Free 1992. Tism East Vladimir. Tismăneanu, society.Gheorghiu Stelian. Tănase, h Fnl eot f h Peieta Cmiso fr the for Commission Presidential the of Report Final The Websites - ăneanu, Vladimir. ăneanu, Central Europe Central
, Alan, , -
336. residency.ro/static/ordine/RAPORT_FINAL_CPADCR.pdf Legal Transplants. An Approach to Comparative Law Comparative to Approach An Transplants. Legal
lt ş sceae Guvern societate. şi Elite Tribunalele militare Tribunalele - Dej government]. Dej . Budapest: Press, Central 2009. European
] Reinventing Politics: Eastern Europe from Stalin to Havel. to Stalin from Europe Eastern Politics: Reinventing Stalinism Revised. The Establishment of Communist Regimes in Regimes Communist of Establishment The Revised. Stalinism . Bucureşti: Humanitas, 2007. Journal ofContemporaryHistory
/rumania.asp
- e.html#58
Bucureşti: Humanitas,1998. . Un secol şi jumătate de jurisprudenţă 1852 jurisprudenţă de jumătate şi secol Un . 75 ra Gheorghiu area .
-
1a .
. /institute
Cambridge Law Journal Law Cambridge
- 37, no. 4 (2002): 523 37, no.4(2002): e 1948 Dej
analysis of communist communist of analysis
- , 2 , 50: Greece in nd - 1965
edition. Athens:edition.
Eie and [Elites
37, no. 2 no. 37, - 540. - 2000 New