Defense strategy in post-war trials before the Supreme National Tribunal

Abstract

One of the most important conditions for a "fair trial" is not only the right of every defendant to a defense, but also the diligent work of lawyers. Post-war trials before the Supreme National Tribunal took place in an extremely difficult atmosphere. The communist takeover, especially in the area of the judiciary, resulted in a departure from the principles of fair trial. However, before the NTN, accused Germans were defended by prominent pre-war attorneys who provided a guarantee that the highest standards of defense would be realized. Nevertheless, their work was extremely difficult. The course of the cruel German occupation resulted in a vengeful mood in society, with many Poles showing a lack of understanding of the need for judicial defense. Advocates, often themselves aggrieved by the German occupier, undertook defense ex officio, despite the perceived public reluctance. The article focuses on the role and strategy of the defense, particularly in terms of the mitigating circumstances presented by the attorneys, which were intended to soften sentences. The analysis presented in the text is intended to prove that the lawyers defending German defendants in trials before the NTN, fulfilled this duty in accordance with the principles of "fair trial" thereby significantly contributing to the perception of the Supreme National Tribunal as a court operating in accordance with the standards of Western civilization.