- Communist crime
Communist crime ( _pl. zbrodnia komunistyczna) is a concept used in
Polish law and by theFoundation for the Investigation of Communist Crimes .In Poland a communist crime is an action of a functionary of a
communist state carried out between 17 September 1939 and 31 December 1989; that action being either repressing or otherwise directly violatinghuman rights of an individual or a group, or involving othercrime s as defined by Polishcriminal law of that time. The concept also covers several other behaviours, such as falsification of documents and revealing them with intent to cause damage to people mentioned in them.PDFlink|1=" [http://www.ipn.gov.pl/download.php?s=1&id=7968 Ustawa z dnia 18 grudnia 1998 r. o Instytucie Pamięci Narodowej - Komisji Ścigania Zbrodni przeciwko Narodowi Polskiemu] "|2=299 KB. Art. 2.1. . Retrieved as of 8 May 2007.] The concept was introduced in 1998 and revised several times."Ustawa..", see headings of document for list of legal acts published inDziennik Ustaw modyfing the original document] The concept was designed to facilitate studies andprosecution of events when people inauthority committed crimes against Polish citizens or nation,It should be noted that the concept of a communist crime is also applicable if the victim was a non-Polish citizen but he was wronged on a Polish territory.] conceptually similar to the concept of aNazi crime .pl icon Genowefa Rajman, [http://www.prawo.lex.pl/czasopisma/wpp/zb_komunist.html ZBRODNIE KOMUNISTYCZNE W KONCEPCJI POLSKIEGO PRAWA KARNEGO] , Wojskowy Przegląd Prawniczy, Number 1 z 2006 r.]Functionary of communist state is defined as a
public official and people who received legal protection similar to public officials, particularly government officials and leaders of thecommunist party ."Ustawa..", Art. 2.2.] The functionaries involved would most likely work for Polish intelligence, security service and otherinternal affairs (particularlycensorship and religious affairs) departments. Particular organizations named as examples includeMinistry of Public Security of Poland ,Służba Bezpieczeństwa andGłówny Zarząd Informacji Wojska Polskiego ."Ustawa..", Art. 5.1.] The communist crime could have also been committed by a member of foreign civil or military services similar to the Polish ones"Ustawa..", Art. 5.2.] (for example,KGB ,NKVD orStasi ).The statute of limitations begins on
1 August 1990 and runs for 40 years in case of murders and 30 years for other crimes."Ustawa..", Art. 4.1.] Communist crimes that are recognized byinternational law ascrimes against humanity ,crimes against peace orwar crimes are not affected bystatute of limitations in Poland. Those crimes are also not affected byamnesty orabolition decrees issued before7 December 1989 ."Ustawa..", Art. 4.3.]This concept has replaced the term previously used in Polish law for similar issues, "
stalin ist crime" ("zbrodnia stalinowska"), just as the concept of aNazi crime has replaced that of the "hitler ite crime"; both ("stalinist" and "hitlerite" first defined in Polish legislation in 1991).Witold Kulesza, [http://www.senat.gov.pl/k4/dok/sten/032-t/321g.htm Stenogram 32 posiedzenia Senatu RP] . Retrieved on 8 May 2007]While drafting the concept of the communist crime, Polish legislators specifically discarded the notion that communist crime is equal to a Nazi crime, or that the legislation of the communist crime can be based on that of the Nazi crime (already defined in legislation of
31 August 1944 ), as while similar on some levels they are different enough on others to make analogies unacceptable.Communist crimes are primarily investigated by the
Institute of National Remembrance , a specialresearch institute withprosecution powers created by the same legislation that defined the concept of the communist crime in 1998.ee also
*
Lustration in Poland
*The Black Book of Communism
*People's Republic of Poland
*Thick line ("gruba kreska")External links
* [http://www.communistcrimes.org The Foundation for the Investigation of Communist Crimes (FICC)]
References
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