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Boundaries of the Presidential Pardon in Poland as Seen by Law and History. A Commentary on the Resolution Declared by the Supreme Court I KZP 04/17

The paper reviews the cohesion of contemporary opinions about the eligibility of giving a pardon to defendants before a final conviction in Poland. It tends to redefine a pardon as a legal institution by Law and History methodology and to confront reasoning indicated by the Supreme Court in the mentioned resolution. The analysis starts with an interpretation of how the art. 139 of the Polish constitution should be read through checking its consistency and finally by presenting historical views on its purpose. Lastly, results of the research are confronted with reasons formed by the Supreme Court to give a final opinion.