Kozubenko, Y.V. Pardon as proof of existence of inter-disciplinary mechanism of criminal law regulation: nature and procedural value

Abstract: The article contains analysis of pardon in its interdisciplinary and procedural aspects. The opinion is expressed that pardon holds a special place within the system of procedural acts, and that sometimes it does not serve as evidence of guilt of a person in a crime. The author evaluates the possible meanings of pardon in their criminal law aspect within the proceedings in a criminal case. The decree on pardon for the convict does not prevent improvement of the position of the convict, including acquittal. At the same time reversal of a conviction judgment does not require that the decree on pardon of a convict be abolished, since it is adopted for a convicted person, and being secondary to the judgment, it does not have any further special legal standing. There is need for a special pardon procedure for some categories of crimes.

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