The Presidential pardon in Lithuania and Poland: comparative analysis.
The Presidential pardon in Lithuania and Poland: comparative analysis

Summary/Abstract: The article revealed and compared the concept of pardon and the scope and of its application to individuals and punishments (as well as other penal measures) in Lithuania and Poland. In addition, the article analyzed the regulation of the process of granting pardon and its features in these countries, revealed the competence of the Clemency Commission in Lithuania as well as the competence of other state institutions in Poland (for example, Public Prosecutor General, courts, etc.) in the process of granting pardon by the heads of states – presidents. Moreover, the article discussed the significance of pardon for the criminal policy pursued by Poland and Lithuania. To achieve the objectives of the article, the following legal research methods were used: legal analysis and systemic and comparative analysis. Authors came to a conclusion, that in both countries, pardon is mainly analyzed in criminal justice and constitutional law. It is usually described as an institution of exceptional nature or an instrument aimed at helping to implement the principles of humanism and justice. On the other hand, Lithuania and Poland have introduced different models of pardon proceedings. Irrespective, it is only the President in both these countries who decides whether to grant a pardon. It is understood as part of the national criminal policy. However, the statistics of pardon applications in both states only confirmed the exclusivity of this institution and its minor influence on the criminal policy.

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