Motives Deserving Particular Condemnation as a Factor Causing Deterioration of the Accused’s Legal Situation in Polish Law (Published)
Article 148 of Polish Criminal Code contains aggravated offense in the form of murder for motives deserving particular condemnation (art. 148 § 2 point 3 of the Criminal Code), which is explained in literature as the case when the offender motives grossly deviate from accepted practices, which – taking into account that the killing, as such, is a serious violation of this pattern – clearly indicates the need of any additional element in the motivation of the perpetrator, and that the decision make murder makes a particularly reprehensible. Such is the will to kill a man at the request for a fee, to kill in order to seize the property of someone else (e.g . committed in its intention to murder the father or husband to take his fortune), planned the murder in order to get rid of those uncomfortable (e.g. rival to the desired position, in financial or personal matters), or to exert revenge on someone. The research indicates, that there are many kinds of behavior that may be considered by the Polish courts to have been made as a result of motives deserving special condemnation. The research is conducted as a part of study of the Department of Criminology and Criminal Justice (University of Warsaw, Institute of Social Prevention and Resocialization Department of Criminology and Criminal Justice) – research on 301 homicide offenders sentenced to life imprisonment.
Amiri Baraka’s pre-nationalist and nationalist plays such as Dutchman and Experimental Death Unit # 1 largely incorporates scenes of murder and violence. The cadaverous permeates. Baraka’s stage. There is a whole sacrificial system that determines the characters’ ultimate destinies and lives. This mechanism operates not merely to bring death to those who betray the national black liberation cause, but also to castigate those holders of the slave mentality and chastise the assimilationists who hide behind a white mask. This sacrificial mechanism functions as a generator of purification to cleanse the black community from the vestiges of black docility. In the Marxist plays, violence and murder take the form of political assassination. A play such as The Motion of History displays the dynamics of political struggle that conditions the kind of murder or acts of killings. Whereas in the nationalist plays murder is effected for purificatory goals, in the Marxist plays the intersection between political struggle and the official repression of the state determines the shape of physical elimination for political motives. The neutralization of political opponents assumes that murder is simply a means of exclusion from the political arena and restoration of political and social stability. Because agitation is detrimental to social peace and political order, systemic violence takes a bloody dimension and approximates bloodshed. This paper seeks to highlight the prevalence and, in Frantz Fanon’s phrase, the instrumentality of violence as an absolute praxis in Baraka’s dramatic works. Violence marshals then a new equation of asserted subjectivity.
TALAAT PASHA’S MURDER (15.3.1921): A PARODY IN THE COURTS OF BERLIN BELYING ‘THE MILLER OF SANSOUCCI LEGEND OF JUSTICE’ (Published)
The European Court of Human Rights’ ECHR 370 Resolution dated 17.12.2013, relating to the case of Mr. Dogu Perincek versus Switzerland, received much publicity worldwide. The attention of ‘scholars on international law’ has been focused on this case, particularly when in mid- March 2014 Switzerland applied to the Higher Court for revision of the first verdict. The year 1921, like every year between World War I and Adolf Hitler’s rise to power, was for Germany one of gloom, Political life had not yet recovered from the shock caused by the overthrow of a form of government deeply rooted in the history of the people. The newly empowered Reichstag was prey to wild party strife, which made the formation of a stable government difficult. The trial of the murder of Talat Pasha proved to be a most shameful comedy, because the killer Tehlarian was found innocent whilst the victim Talat Pasha was found guilty of killing Armenians previously in Turkey. The German Judges gave in to the Armenian and Victor’s pressures. Liman Von Sanders and the German Protestant pastor Dr. Johannes Lepsius deposed in the court as experts. Liman Von Sanders did mentioned anything about the German Ambassador of the era and also him being the Commander in Chief of the Ottoman Army. He did not testify against Talaat but he also did not tell the truth in full extend but a quarter of it only. Accordingly his testimony was against rather than pro. Although an appeal notice was sent to Bronsart Von Shellendorf, he wasn’t called as a witness to the court. After the final verdict of the court, he published an article in a newspaper as a reaction to the court’s verdict. This paper, based on information excerpted from the non Turkish or non Ottoman formal documents and/or official releases, tries the bring into life what happened actually during the trial and the effect of the heavy and irresistible pressures on the German judges.