The Scholarly Work and Significance of the Scientific Contribution of Juliusz Makarewicz: A Distinguished 20th-Century Scholar and Co-Author of Poland’s 1932 Criminal Code

This scientific article is devoted to Juliusz Makarewicz, a distinguished 20th-century scholar and professor at Jan Kazimierz University (today Ivan Franko National University of Lviv). Having been elected vice-chairman by secret ballot at the first meeting of the Section for the Codification of Criminal Law on November 12, 1919, held at the Supreme Court, J.Makarewicz became one of the driving forces behind the entire process of codifying criminal legislation in interwar Poland.

Among the central issues he addressed were the introduction of capital punishment in the Code, the forms of depreviation of liberty (hard labor, imprisonment and detention). A particularly lively debate – joined by J.Makarewicz and other commission members – concerned the classification of criminal acts. While Makarewicz, citing sound arguments, advocated maintaining a dual division, part of the commission favored a threefold classification of crimes. The latter approach ultimately prevailed; however, as a compromise, a special interpretation was adopted, under which crimes and offenses were grouped into one category and misdemeanors into another.

The work of the Codification Commission was not limited solely to the draft prepared by the Lviv professor, as there were five versions of the Code. Nevertheless, J.Makarewicz’s work served as the main reference point for the Commission’s activities. In particular, his draft articles, together with expert opinions, had already become the subject of discussion within the Commission as early as 1922.

Special attention should be given to the scholar’s position regarding certain types of penalties. He argued, for instance, that it was not the legislator’s duty to determine the method of calculating fines as an alternative punishment, since such a penalty depends not only on the offender’s guilt but also on his financial capacity. In his view, the law should set the maximum amount of a fine separately for crimes and separately for misdemeanors.

The article also provides a partial chronological analysis of J.Makarewicz’s professional and academic activity, as well as his concepts and views. Particular attention is given to the peculiarities of his teaching activity during the occupation periods.

In conclusion, the article affirms that there are sufficient grounds to support the claim that modern scholars, especially Polish researchers, are fully justified in recognizing the important role of the “Lviv School of Law” of the interwar period in the codification processes of the Polish state and its high (indeed, exemplary) legal standard.

For this reason, the Polish Criminal Code of 1932 is closely associated with J. Makarewicz, who is often referred to as its father.