O niektórych pozaprawnokarnych skutkach aktu łaski

A pardon is an institution of law that is between substantive and procedural criminal law and constitutional law. The essence of the power of pardon is the remission or mitigation, by the head of State, of public law sanctions of a criminal nature, imposed by a final judgment, or of the consequences of the application of such sanctions to an individually indicated person. The purpose of this article is to address some of the relevant extra-criminal-law consequences of an act of pardon – in constitutional law, labour law, civil (commercial) law and administrative law. The authors analyse whether a pardon may be retroactive. Particular attention is paid to the issue of the termination of the mandate of a deputy or senator as a result of a final sentence of imprisonment. Such termination of the mandate of a deputy or senator occurs (according to the dominant view) by virtue of law, so that a pardon granted after the termination may not reinstate that mandate.