Przyjęcie do wykonania kary orzeczonej przez sądy państwa obcego a prawo łaski
In this paper the author considers the connotations between the presidential pardon applied under the Constitution of the Republic of Poland and the judgments of foreign courts sensu largo. This article deals with issues that are on the borderline between constitutional law, criminal law (substantiv...
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| Format: | Article |
| Language: | English |
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University of Silesia Press
2021-05-01
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| Series: | Problemy Prawa Karnego |
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| Online Access: | https://journals.us.edu.pl/index.php/ppk/article/view/11874 |
| Summary: | In this paper the author considers the connotations between the presidential pardon applied under the Constitution of the Republic of Poland and the judgments of foreign courts sensu largo. This article deals with issues that are on the borderline between constitutional law, criminal law (substantive and procedural) and international law, both public and criminal. The analysis of literature and jurisprudence in this respect allows the author to conclude that the right of grace is significantly limited by international law, due to the international agreements and art. 9 of the Polish Constitution. The author argues that the acceptance of a punishment to be enforced (ordered by a foreign court) excludes the possibility of applying presidential law of clemency to the perpetrator, unless an international agreement (or custom) provides otherwise. |
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| ISSN: | 0208-5577 2353-9712 |