Re Zabita

• Jurisdiction: Lituania
• Docket Number: Case No. 288
• Date: 19 January 1929
• Court: Supreme Court (Lithuania)

Lithuania, Supreme Court.

Case No. 288

In re Zabita.

War State of War Lithuania and Poland Termination of Status of War.

The Facts.The accused, a member of the Lithuanian Army, was granted leave until 8 p.m. of 15 August, 1928. He did not return to his contingent on the expiry of his leave, and was reported to have gone to Poland. On 19 August, however, he was stopped at the frontier and brought back to his contingent.

The Military Tribunal, basing itself on Article 136 of the Military Code relating to desertion to the enemy, sentenced Zabita to 15 years imprisonment. The accused contended that Article 136 of the Military Code did not apply. He submitted that since the Resolution of the Council of the League of Nations of 10 December, 1927, there was no state of war between Lithuania and Poland,1 and Poland could not be regarded as an enemy of Lithuania.

Held (on appeal): that the sentence of the Military Tribunal must be quashed. The accused had not deserted to an enemy of Lithuania. The Lithuanian Delegation, in the name of the Lithuanian Government, declared in the Session of the Council of the League of Nations of December, 1927, that Lithuania considered herself to be no longer in a state of war with Poland. This declaration by the Delegation was taken note of by the League of Nations and embodied in the...