Stanisław Waltoś
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Stanisław Marian Waltoś (born 9 February 1932) is a Polish
legal scholar Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the a ...
and
academic An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of tertiary education. The name traces back to Plato's school of philosophy, founded approximately 386 BC at Akademia, a sanctuary of Athena, the go ...
specializing in
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
and
legal history Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilizations and operates in the wider context of social history. Certain jurists and his ...
,
professor Professor (commonly abbreviated as Prof.) is an Academy, academic rank at university, universities and other tertiary education, post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin ...
of legal sciences, member of the
Polish Academy of Sciences The Polish Academy of Sciences (, PAN) is a Polish state-sponsored institution of higher learning. Headquartered in Warsaw, it is responsible for spearheading the development of science across the country by a society of distinguished scholars a ...
and the
Polish Academy of Learning The Polish Academy of Arts and Sciences or Polish Academy of Learning (, PAU), headquartered in Kraków and founded in 1872, is one of two institutions in contemporary Poland having the nature of an academy of sciences (the other being the Po ...
, professor of the
Jagiellonian University The Jagiellonian University (, UJ) is a public research university in Kraków, Poland. Founded in 1364 by Casimir III the Great, King Casimir III the Great, it is the oldest university in Poland and one of the List of oldest universities in con ...
, who was Head of the Department of Criminal Proceedings at the Faculty of Law of the Jagiellonian University from 1974, as well as the director of the
Jagiellonian University Museum The Jagiellonian ( ) or Jagellonian dynasty ( ; ; ), otherwise the Jagiellon dynasty (), the House of Jagiellon (), or simply the Jagiellons (; ; ), was the name assumed by a cadet branch of the Lithuanian ducal dynasty of Gediminids upon recep ...
between 1977 and 2011. In the 1990s he was an expert of the
Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
and the government of the Republic of Latvia. In 1987–1995 he was a member of the Commission for the Reform of Criminal Law in Poland. He participated in the work on Polish criminal codifications of 1997. He was the initiator of the introduction of anonymous witness and a
turn state's evidence A criminal turns state's evidence by admitting guilt and testifying as a witness for the state against their associate(s) or accomplice(s), often in exchange for leniency in sentencing or immunity from prosecution.Howard Abadinsky, ''Organized ...
to the Polish criminal procedure. In 2000–2002 he was a member of the Legislative Council by the
Prime Minister of Poland A prime number (or a prime) is a natural number greater than 1 that is not a product of two smaller natural numbers. A natural number greater than 1 that is not prime is called a composite number. For example, 5 is prime because the only wa ...
. He authored about 400 academic papers and other works, including the regularly updated and re-issued academic textbook ''Proces karny: zarys systemu'' (''Criminal Trial: The System Outline''). Between 1985 and 2002 he was the editor-in-chief of the journals ''Archivum Iuridicum Cracoviense'' and ''Opuscula Muzealia'' (he took the position of editor-in-chief of the latter back in 2006). In 2006 he was elected the chairman of the Scientific Council of the Ossolineum National Institute.


Life and work


Family and education

He was born in 1932 in Stanisławów, the son of Elma Cecylia née Buszyńska and Tadeusz Waltoś. His younger brother Jacek Waltoś was born in 1938, and later became a painter known for his activity within Grupa Wprost. Stanisław Waltoś attended the elementary school in
Jasło Jasło is a county town in south-eastern Poland with 36,641 inhabitants, as of 31 December 2012. It is situated in the Subcarpathian Voivodeship (since 1999), and it was previously part of Krosno Voivodeship (1975–1998). It is located in Lesser ...
until sixth grade. From 1946, he attended the Władysław Jagiełło High School in
Dębica Dębica (; ''Dembitz'') is a town in southeastern Poland with 44,692 inhabitants as of December 2021. It is the capital of Dębica County. Since 1999 it has been situated in the Podkarpackie Voivodeship; it had previously been in the Tarnów Voiv ...
, where in 1950 he passed the
matriculation examination A matriculation examination or matriculation exam is a university entrance examination, which is typically held towards the end of secondary school. After passing the examination, a student receives a School leaving qualification, school leaving ce ...
with distinction. While in school, he was a member of the
Polish Scouting Association The Polish Scouting and Guiding Association (, ZHP) is the coeducational Polish Scouting organization recognized by the World Organization of the Scout Movement and the World Association of Girl Guides and Girl Scouts. It was founded in 1918 an ...
, and was the commander of the scouts' poviat command in Dębica. In 1954 he graduated in law from the
Jagiellonian University The Jagiellonian University (, UJ) is a public research university in Kraków, Poland. Founded in 1364 by Casimir III the Great, King Casimir III the Great, it is the oldest university in Poland and one of the List of oldest universities in con ...
. He mentioned Adam Vetulani, Marian Cieślak and Władysław Wolter as his “great masters”, that had decisive influence on his formation as a legal scholar.


Academic work

After completing his studies, he was prescripted to work at the District Prosecutor's Office in
Kraków , officially the Royal Capital City of Kraków, is the List of cities and towns in Poland, second-largest and one of the oldest cities in Poland. Situated on the Vistula River in Lesser Poland Voivodeship, the city has a population of 804,237 ...
, where he was employed successively as an assessor, referendary and sub-prosecutor. In 1956, he was appointed an assistant at the Department of Criminal Proceedings at the Jagiellonian University. He was offered a position by Professor Marian Cieślak, who read his critical article on the penal code draft modeled on the Stalinist code. In 1962 Stanisław Waltoś obtained a
Ph.D. A Doctor of Philosophy (PhD, DPhil; or ) is a terminal degree that usually denotes the highest level of academic achievement in a given discipline and is awarded following a course of graduate study and original research. The name of the deg ...
upon the dissertation ''Functions and forms of the indictment in a criminal trial'', supervised by Marian Cieślak and subsequently awarded by the journal ''Państwo i Prawo''. Between 1962 and 1964 he was a counselor at the District Prosecutor's Office in Kraków. In 1964, he received a habilitation scholarship and resigned from the work at the prosecutor's office. In 1968 he obtained
habilitation Habilitation is the highest university degree, or the procedure by which it is achieved, in Germany, France, Italy, Poland and some other European and non-English-speaking countries. The candidate fulfills a university's set criteria of excelle ...
upon the work ''A model of preparatory proceedings against a comparative law background''. In 1974, he was appointed the Head of the Department of Criminal Proceedings at the Faculty of Law of the Jagiellonian University. He obtained the title of associate professor in 1979, and full professor in 1987. In 2002 he retired, but continued to lecture at the University of Information Technology and Management in
Rzeszów Rzeszów ( , ) is the largest city in southeastern Poland. It is located on both sides of the Wisłok River in the heartland of the Sandomierz Basin. Rzeszów is the capital of the Subcarpathian Voivodeship and the county seat, seat of Rzeszów C ...
. He published as author, co-author or editor about four hundred
academic papers Academic publishing is the subfield of publishing which distributes academic research and scholarship. Most academic work is published in academic journal articles, books or theses. The part of academic written output that is not formally publis ...
and other works, mainly in the field of criminal proceedings. These include the academic textbook ''Proces karny: zarys systemu'' (''Criminal Trial: The System Outline''), that has been resumed and updated several times. His research interests over the years have included: procedural rules, organization of the prosecutor's office, preparatory proceedings model,
evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
issues (including the institution of the
turn state's evidence A criminal turns state's evidence by admitting guilt and testifying as a witness for the state against their associate(s) or accomplice(s), often in exchange for leniency in sentencing or immunity from prosecution.Howard Abadinsky, ''Organized ...
and incognito
witness In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...
), the principle of the
fruit of the poisonous tree Fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit ...
, as well as various aspects of the course of the trial, such as consensualism, analysis of the rights of participants in the proceedings against the background of the constitutional standard,
press laws Press laws are the laws concerning the licensing of books and the liberty of expression in all products of the printing-press, especially newspapers . The liberty of the press has always been regarded by political writers as of supreme importance. ...
, special proceedings, issues of the validation of procedural acts, pragmatism and anti-pragmatism in criminal proceedings, procedural obstruction, i.e. abuse of law, excessive length of proceedings. He collaborated on publications including with Kazimierz Buchała, Marian Cieślak and Andrzej Marek. In September 2004, he was awarded the Kraków Book of the Month Award for the book ''Na tropach doktora Fausta i inne szkice '' (''On the Traces of Dr. Faust and Other Sketches''). He supervised three hundred and seventy master's theses and seventeen doctoral dissertations. A number of his doctoral students subsequently became specialists in law and criminal proceedings, including: Barbara Nita-Światłowska, Andrzej Światłowski, Dobrosław Szumało-Kulczyk and Antoni Bojańczyk. Stanisław Waltoś was elected a correspondent member (2002) and then a real member (2007) of the
Polish Academy of Sciences The Polish Academy of Sciences (, PAN) is a Polish state-sponsored institution of higher learning. Headquartered in Warsaw, it is responsible for spearheading the development of science across the country by a society of distinguished scholars a ...
. He became a correspondent member (1996) and an active member (2008) of the
Polish Academy of Learning The Polish Academy of Arts and Sciences or Polish Academy of Learning (, PAU), headquartered in Kraków and founded in 1872, is one of two institutions in contemporary Poland having the nature of an academy of sciences (the other being the Po ...
. In 2001, he was elected a correspondent member of Nordrhein-Westphälische Akademie der Wissenschaften. He was the vice-chairman (1992–2002) and the chairman (2003–2007) of the Legal Sciences Committee of the Polish Academy of Sciences, the vice-chairman of the 'Poland in United Europe' Committee at the Presidium of the Polish Academy of Sciences (2002–2006), a member of the Presidium of the Polish Academy of Sciences Branch in Kraków (2002–2010), and a member of the Presidium of the Polish Academy of Sciences (2006–2011). He became a member of the Legal Sciences Committee of the Polish Academy of Sciences also for the 2020–2023 term. In the years 1985–2002 he was the editor-in-chief of the journal ''Archivum Iuridicum Cracoviense'', as well as the editor-in-chief of ''Opuscula Muzealia''. He took the position of editor-in-chief of the latter back in 2006. He also became a member of the Editorial Board of the ''Czasopismo Prawno-Historyczne''.


Social and public activities

From 1977 to 2011, he was the director of the Jagiellonian University Museum Collegium Maius. In this position he replaced the creator of the Museum, Karol Estreicher junior. He became the vice-chairman of the presidium of the Polish National Committee of the
International Council of Museums The International Council of Museums (ICOM) is a non-governmental organisation dedicated to museums, maintaining formal relations with UNESCO and having a consultative status with the United Nations Economic and Social Council. Founded in 1946, ...
(ICOM). Between 2004 and 2014 he was the chairman of the Permanent Conference of Directors of Kraków Museums. He became a member of the Presidium of the Social Committee for the Restoration of Historic Monuments in Kraków. In 2006 he was chosen the chairman of the Scientific Council of the Ossolineum National Institute. In the 1980s, he participated in the work of the Center for Civic Legislative Initiatives of the
Solidarity Solidarity or solidarism is an awareness of shared interests, objectives, standards, and sympathies creating a psychological sense of unity of groups or classes. True solidarity means moving beyond individual identities and single issue politics ...
, which was a collaborating body with the democratic opposition. As he recalled, in 1990 he was offered to join the Poland's
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
and become the president of the Supreme Court's Criminal Chamber. He refused, recommending his student Zbigniew Doda, who subsequently became a judge at the Supreme Court and the president of its Criminal Chamber. In 1994–1997 Stanisław Waltoś was the chairman of the Foundation for the Jagiellonian University Council. In 1992–1997 he was an expert of the
Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
, and in 1994 an expert of the government of the Republic of Latvia. In 1987–1995 he was a member of the Commission for the Reform of Criminal Law. In the years 1995–2004 he was the secretary general of the Polish group Association Internationale de Droit Pénal, and in the years 1999–2003 chairman of the Association internationale des sciences juridiques. He participated in the work on criminal codifications of 1997 in Poland. He was the initiator of the introduction to the Polish criminal procedure of an anonymous witness and a
turn state's evidence A criminal turns state's evidence by admitting guilt and testifying as a witness for the state against their associate(s) or accomplice(s), often in exchange for leniency in sentencing or immunity from prosecution.Howard Abadinsky, ''Organized ...
. In 2000–2002 he was a member of the Legislative Council by the
Prime Minister of Poland A prime number (or a prime) is a natural number greater than 1 that is not a product of two smaller natural numbers. A natural number greater than 1 that is not prime is called a composite number. For example, 5 is prime because the only wa ...
. In the years 2004–2006 he was the chairman of the Criminal Law Codification Commission, in the years 2009–2015 he was a member of this commission. In 2015, he became a member of the honorary support committee for
Bronisław Komorowski Bronisław Maria Komorowski (; born 4 June 1952) is a Polish politician and historian who was the fifth president of Poland from 2010 to 2015. Komorowski previously served as Ministry of National Defence (Poland), Minister of National Defence ...
before the Polish presidential election. He criticized the judicial reforms introduced in Poland since 2015 by
Law and Justice Law and Justice ( , PiS) is a Right-wing populism, right-wing populist and National conservatism, national-conservative List of political parties in Poland, political party in Poland. The party is a member of European Conservatives and Refo ...
, above all the reform of the penal code. In an interview in 2017, he stated that as a lawyer he would have wished “the independent and fairly functioning Constitutional Court restored (...), the authentic independence of judges a fact (...). The executive authority seeks to ensure its influence over the judiciary by selection of judges. (...) Thirdly, I wish the independence of prosecutors. I agree with those who say that the prosecutor should be obliged to follow orders. However, he should not be afraid of the consequences of taking his own position. And at the moment he has reason to be afraid.”


Books

* Co-author with
Stanisław Salmonowicz Stanisław Salmonowicz (9 November 1931 – 24 May 2022) was a Polish historian, professor of the Nicolaus Copernicus University in Toruń, and a member of the Polish Academy of Learning and History Institute of the Polish Academy of Sciences. He ...
and Janusz Szwaja. 5 editions until 2010. * * Co-author with Kazimierz Buchała. * * * Co-author with Kazimierz Buchała. * 3 editions until 2000. * 10 editions until 2009. * * Co-author with Andrzej Marek. 4 editions until 2008. * * * * * Editor. * *


Awards and honors


Distinctions

* Commander's Cross with Star of the
Order of Polonia Restituta The Order of Polonia Restituta (, ) is a Polish state decoration, state Order (decoration), order established 4 February 1921. It is conferred on both military and civilians as well as on alien (law), foreigners for outstanding achievements in ...
(2011) * Commander's Cross of the Order of Polonia Restituta (1998) * Knight's Cross of the Order of Polonia Restituta (1980) * Gold Cross of Merit (1976) * Gold
Medal for Merit to Culture – Gloria Artis The Gloria Artis Medal for Merit to Culture () or Gloria Artis Medal, is a departmental decoration of Poland in arts awarded by the Ministry of Culture and National Heritage of the Republic of Poland to persons and organizations for distinguish ...
(2005) * Honoris Gratia badge from the mayor of Kraków (2005)


Honorary doctorates

* Honoris causa degree of the
Maria Curie-Skłodowska University Maria Curie-Skłodowska University (MCSU) (, UMCS) is a public research university, in Lublin, Poland. It is named in honour of Marie Curie-Sklodowska. The University was founded on October 23, 1944, by the Lublin Committee during the Second W ...
(2004) * Honoris causa degree of the
Immanuel Kant Baltic Federal University Immanuel Kant Baltic Federal University (IKBFU; ) is a public university located in the exclave of Kaliningrad, Russia. Following World War II, the city of Königsberg was transferred to Soviet Union according to the Potsdam Agreement, and ...
(2007) * Honoris causa degree of the
University of Warsaw The University of Warsaw (, ) is a public university, public research university in Warsaw, Poland. Established on November 19, 1816, it is the largest institution of higher learning in the country, offering 37 different fields of study as well ...
(2011)


Awards

* Award of the Minister of National Education of Poland, 1st degree (1986) * “Merentibus” Medal awarded by the Senate of the Jagiellonian University (2001) * Aleksander Gieysztor Award awarded by the Kronenberg Foundation at Citi Handlowy “for caring for the good of Polish culture, manifesting itself in consistent efforts to strengthen the position of the Jagiellonian University Museum, as well as for spreading and promoting the achievements of Polish culture in the world” (2003) * Kraków Book of the Month Award for the book ''Na tropach doktora Fausta i inne szkice'' (2004) * Edwarda J. Wende Award awarded by the Foundation for Poland (Fundacja dla Polski) “for special achievements in the field of promoting and raising legal culture and implementation of the idea of the rule of law” (2010) * Jagiellonian University Medal “Plus ratio quam vis” (2007) * Gold Medal of the
National Museum in Kraków The National Museum in Kraków (), popularly abbreviated as MNK, is the largest museum in Poland, and the main branch of Poland's National Museum, which has several independent branches with permanent collections around the country. Established in ...
(2007) * Gold Medal of the
University of Wrocław The University of Wrocław (, UWr; ) is a public research university in Wrocław, Poland. It is the largest institution of higher learning in the Lower Silesian Voivodeship, with over 100,000 graduates since 1945, including some 1,900 researcher ...
(2010)


References

{{DEFAULTSORT:Waltoś, Stanisław Polish jurists Scholars of criminal law Jagiellonian University alumni Academic staff of Jagiellonian University Members of the Polish Academy of Learning Members of the Polish Academy of Sciences Writers from Ivano-Frankivsk Knights of the Order of Polonia Restituta Commanders of the Order of Polonia Restituta Commanders with Star of the Order of Polonia Restituta Recipients of the Gold Cross of Merit (Poland) Recipients of the Gold Medal for Merit to Culture – Gloria Artis 1932 births Living people Collaborators of the Polish Biographical Dictionary