positions in the Polish criminal justice system until 1956 were occupied by Soviet "advisors" who often were able to influence not only the substance of the law, but also actual court decisions. The new regime, which then wanted to be perceived as the successor to the pre-war free Polish government, did not abolish the old legislation but preferred instead to introduce several amendments. The old law acquired new substance, and new communist laws severely restricted the independence of the judiciary and introduced extremely severe decrees and punishments. Consequently, especially during 1944-1956, jails and prisons filled up not only with criminals in the Western sense of the word, people who rob and murder, but also those who were late for the third time for work, who stole a bottle of milk or were political prisoners. Additionally, many of those who fought against Nazi occupation as members of the Polish Underground Army survived World War II only to be persecuted, tortured and imprisoned by the new Communist regime. Not much was known during these years about the conditions people faced in Polish prisons. Although most people could distinguish "real" crime from what the State perceived as crime, very few dared to question sentences because inquiry concerning political prisoners could bring imprisonment and torture to those "too curious". Not many were willing to question the condition of imprisonment of those perceived as social parasites. Moreover, given the brutality of the Nazi regime and the wounds so many suffered for merely being Polish, many felt that those guilty of breaking the law should spend time in prison. Polish people had good reason to fear the State. During almost forty five years the prison rate in the Polish Peoples' Republic was consistently among the highest in the world. The number of Polish prisons grew from a low of 107 in 1945 to 372 in 1973. Although several protest movements in 1956, 1970 and 1976 were able to achieve slight modifications in the criminal justice system, it was not until the "Solidarity" movement that the ban on free press was broken and access allowed to Polish penal institutions. THE YEARS BETWEEN 1980 AND 1989 The declared statutory aim of imprisonment in Poland is re-socialization. Under the Polish Penal Code (1970), this is understood as a process of shaping a prisoner's socially desirable attitude through socially beneficial work and the observance of law and order. This aim of re-socialization is to be attained by submitting the prisoner to discipline and order in an appropriate institution and through a treatment which consists of work, education and cultural activities. From the time that the Criminal Code of 1970 entered into force, imprisonment prevailed in judicial decisions. Drafts of reforms prepared in 1980 and 1981 during the "Solidarity" movement tended to encourage decriminalization of many criminal provisions. However, the activities aimed at liberalization of criminal responsibility never went beyond the stage of drafts. In fact, the permanent and short-term changes introduced by the penal law of 1982 under Marshall Law, tended to make the law even stricter than before and a number of new activities were criminalized. In many situations, judicial proceedings were simplified and hastened, and the defendant's right to defense and the presumption of innocence were limited. Moreover, the discretionary power of judges was limited by severe and mandatory penalties to such a degree that the illegal sale of vodka would result in nearly two years of imprisonment. The standards of space per prisoner existed only on paper and it was common for six prisoners to be kept in a cell built for two. Soon even prison staff began to criticize the State. The reaction of Polish society was compassion for the perpetrators. The administration of justice had made victims of those who engaged in black market offenses to supply basic commodities to the consumers of a country suffering from a profound economic crisis. However, following the initial successes of the "Solidarity" movement which sought to raise interest in the rights of political prisoners, the public was subjected to a media campaign which highlighted a rising crime rate in order to create a climate of panic and 20 OSCE ODIHR Bulletin Vol. 4 No. 3