The right of pardon
Pursuant to the Constitution of the Republic of Poland, the President of the Republic of Poland shall also exercise the right of pardon. The right of pardon shall not apply to the persons convicted by the State Tribunal.
The act of pardon shall not change the court judgement and shall not question the convict’s guilt. The aim of the pardon procedure is to establish whether after the legally binding judgement is passed, there are events in the convict’s life that caused excessive pain of the passed punishment. The President, by exercising the right of pardon, considers opinions and suggestions of other authorities that take part in the pardon procedure, including the position of the court adjudicating in the matter, the opinions of prison administration, and the applications of the General Prosecutor.
The requests for the pardon shall be submitted as prescribed in Art. 565 § 2 of the Criminal Procedure Code to the General Prosecutor with a view to initiating the appropriate proceedings in the case according to the procedure described in Art. 561 of the Criminal Procedure Code (“the first procedure”) or as prescribed in Art. 567 § 2 of the Criminal Procedure Code (“the second procedure – the presidential or ex-officio procedure”).