Criminal-procedural aspects of the abolitional clemency

Abstract

Abolitional clemency or, in other words, individual abolition as a form President’s right of reprieve before sentencing was not applied in practice. Up to now for a long time this right was controversial in constitutional and procedural doctrine. The issue has lately become present, because President enforced this right. No legal reasons, both procedural and onstitutional, prohibit clearly to apply right of reprieve in this form. As a procedural result of abolitional clemency is discontinuance of criminal proceedings.