NCJ Number
225389
Date Published
2008
Length
11 pages
Annotation
This chapter traces the evolution of Poland’s legal and public policy responses to the problem of wrongful conviction, and case examples are utilized to illustrate how Poland’s system works today.
Abstract
In Poland, exoneration of those wrongfully convicted for political reasons is regulated by the Rehabilitation Act. Many cases have been brought under this law. In the Rehabilitation Act of 1991, any sentences meted out against people in connection with their activities in favor of the independence of Poland were declared void. Declaring a verdict invalid automatically implies declaring the defendant not guilty. This approach was seen as solving the formal as well as the moral side of the problem. It is also argued by some that this law is often invoked by relatives of wrongfully convicted persons with the sole purpose of obtaining compensation. The problem of adequate compensation for wrongful convictions in Poland has always existed, both before and after the collapse of communism. The new enacted Code of Criminal Procedure of 1997 broadened the scope of compensation for wrongful convictions. In addition, Polish legislation is now, as far as wrongful convictions are concerned, in compliance with the European Convention. The cases reviewed in this chapter tend to prove that laws dealing with wrongful conviction in Poland are far from being merely laws on the books. It is hoped that better knowledge of the number of wrongful convictions and their impact on the lives of those concerned will increase the courts’ awareness of this risk of judicial decisionmaking. Table, notes, and references