Against the Instrumentalization of Law: Justice for the Convicted in the Brześć Trial

The acquittal after ninety years of Prime Minister Wincenty Witos and others convicted in the Brześć trial is a landmark ruling. The author seeks to demonstrate the multifaceted nature of this Supreme Court verdict in the context of the implementation of transformational justice with regard to judicial crimes of the communist period. The gloss approvingly assesses the interpretation of the criminal law adopted by the Supreme Court including, in particular, Article 97 of the Criminal Code of 1932.