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Clemency proceedings (selected procedural aspects)

Publication at Faculty of Law |
2023

Abstract

The clemency can be described as a prerogative of the President of the Republic, who is entitled to intervene in criminal proceedings through this institution. In the literature, there are a number of reasons for retaining this institution in the legal order and, on the contrary, a number of reasons for its abolition, as some authors view this power of the head of state as a monarchist remnant and consider it a relic from the contemporary perspective.

It is not the purpose and intention of this text to argue in favour of the retention or abolition of the institution of clemency, as the author respects that the legislation in force and in force enshrines it. On the contrary, its purpose is to deal with selected procedural aspects of the pardon procedure and to provide de lege ferenda considerations, particularly in view of the fact that the legal order lacks detailed regulation of this type of procedure, which may raise a number of questions.