A pardon is a
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
decision to allow a person to be relieved of some or all of the legal consequences resulting from a
criminal conviction
In law, a conviction is the verdict reached by a court of law finding a defendant Guilty (law), guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", w ...
. A pardon may be granted before or after conviction for the
crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...
, depending on the laws of the jurisdiction.
Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by
appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
exists in a jurisdiction.
Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone who is seen as wrongly convicted. Pardons can also be a source of controversy. In extreme cases, some pardons may be seen as acts of corruption by officials in the form of granting effective immunity as political favors.
By country
Australia
In Australia, the pardon power is referred to as the
royal prerogative of mercy
In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal prer ...
, an executive power that is vested in the
King
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
and may be exercised by the
Governor-General. The prerogative of mercy is a broad discretionary power that may be exercised by a state governor who is acting on the advice of the state executive council and the state attorney general. Courts in Australia may also exercise their traditional power to exercise mercy when the circumstances of the defendant or offense warrant relief.
In addition to the prerogative of mercy, Australia has passed legislation that creates additional avenues to seek a pardon, exoneration, reduced sentence, or conditional release.
Canada
Pardons
The
Parole Board of Canada
The Parole Board of Canada (french: Commission des libérations conditionnelles du Canada; formerly known as the National Parole Board) is the Canadian government agency that is responsible for reviewing and issuing parole and criminal pardons i ...
(PBC) is the
federal agency responsible for making pardon decisions under the ''
Criminal Records Act
The ''Criminal Records Act'' (the ''Act'') is a piece of Canadian legislation intended to provide for the relief of persons who have been convicted of offences and have subsequently rehabilitated themselves. It became law in 1985.
The purpose of ...
'' (CRA). Under the CRA, the PBC can issue, grant, deny, and revoke pardons.
In 2012, the
Parliament of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
passed the ''
Safe Streets and Communities Act
The ''Safe Streets and Communities Act'' is a bill that was passed by the 41st Canadian Parliament 154–129 on March 12, 2012.
When Parliament re-convened in September 2011, the Minister of Justice introduced the ''Safe Streets and Communities ...
'', which changed many of elements regarding the criminal justice system. The Act replaced the term "pardon" with "record suspension", and the pardon system was similarly changed.
A pardon keeps the police record of a
conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is cons ...
separate and apart from other
criminal record
A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...
s, and gives law-abiding citizens an opportunity to reintegrate into Canadian society.
The
Royal Canadian Mounted Police
The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of ...
removes all information about the conviction for which an individual received the pardon from the
Canadian Police Information Centre The Canadian Police Information Centre (CPIC; french: Centre d'information de la police canadienne, ''CIPC'') is the central police database where Canada's law enforcement agencies can access information on a number of matters. It is Canada's only ...
(CPIC). Federal agencies cannot give out information about the conviction without approval from the
Minister of Public Safety
The minister of public safety (french: ministre de la sécurité publique) is the minister of the Crown in the Canadian Cabinet responsible for overseeing Public Safety Canada, the internal security department of the Government of Canada. The ...
Canada.
A pardon does not, however, erase the fact that an individual was convicted of a crime. The criminal record is not erased, but it is kept separate and apart from other (non-pardoned) criminal records.
A pardon removes disqualifications caused by a criminal conviction, such as the ability to
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
with the federal government, or eligibility for
Canadian citizenship.
If an individual in receipt of a pardon is convicted of a new offence, the information may lead to a reactivation of the criminal record for which the pardon was received in CPIC.
A pardon does not guarantee entry or
visa
Visa most commonly refers to:
*Visa Inc., a US multinational financial and payment cards company
** Visa Debit card issued by the above company
** Visa Electron, a debit card
** Visa Plus, an interbank network
*Travel visa, a document that allows ...
privileges to another country. Before travelling to another country, individuals must still contact the authorities of the country in question to find out what the requirements are to enter that country.
Processing of pardons by the Parole Board of Canada generally takes six months for a
summary offence and twelve months for an
indictable offence. If the Parole Board proposes to deny the application, it can take 24 months to process.
Individuals can apply for a pardon if they were convicted as an adult of a criminal offense in Canada, or of an offense under a federal act or
regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
of Canada, or if they were convicted of a crime in another country and were transferred to Canada under the ''
Transfer of Offenders Act
Transfer may refer to:
Arts and media
* ''Transfer'' (2010 film), a German science-fiction movie directed by Damir Lukacevic and starring Zana Marjanović
* ''Transfer'' (1966 film), a short film
* ''Transfer'' (journal), in management studies
...
'' or ''
International Transfer of Offenders Act
The ''International Transfer of Offenders Act'' (french: Loi sur le transfèrement international des délinquants) is Canadian federal legislation. Passed in 2004, it allows Canadians who had been convicted of a crime in another nation to apply to ...
''. Non-Canadian citizens are not eligible for a Canadian pardon unless they were convicted of a crime in Canada.
To be eligible for a pardon or record suspension, individuals must have completed all of their sentences and a
waiting period
A waiting period is the period of time between when an action is requested or mandated and when it occurs.
In the United States, the term is commonly used in reference to gun control, abortion and marriage licences, as some U.S. states require ...
.
Individuals are considered to have completed all of their sentences if they have:
* Paid all
fine
Fine may refer to:
Characters
* Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny''
* Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano
Legal terms
* Fine (penalty), money to be paid as punishment for an offe ...
s,
surcharges,
costs
In production, research, retail, and accounting, a cost is the value of money that has been used up to produce something or deliver a service, and hence is not available for use anymore. In business, the cost may be one of acquisition, in which ...
,
restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court ...
and
compensation orders
* Served all
sentences of imprisonment,
conditional sentences
Conditional sentences are natural language sentences that express that one thing is contingent on something else, e.g. "If it rains, the picnic will be cancelled." They are so called because the impact of the main clause of the sentence is ''c ...
, including parole or statutory release
* Completed their
probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
order
Prior to 2012, following completion of all of their sentences, individuals must have completed a waiting period, as follows:
* Three years for
summary
may refer to:
* Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences
* Epitome, a summary or miniature form
* Abridgement, the act of reducing a written work into a sho ...
convictions under the ''
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
'' or other
federal act or regulation, except sexual crimes against children
* Three years under the ''
National Defence Act'', if fined $2,000 or less, detained or imprisoned six months or less, or subjected to various lesser punishments for a service offence
* Five years for
indictable
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
convictions under the ''Criminal Code'' or other federal act or regulation and summary convictions of sexual crimes against children
* Five years for all convictions by a Canadian offender transferred to Canada under the ''Transfer of Offenders Act'' or ''International Transfer of Offenders Act''
* Five years under the ''
National Defence Act'', if you were fined more than $2,000, detained or imprisoned more than six months, or
dismissed from service
* Ten years for
indictable
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
convictions for sexual crimes against children and criminals receiving more than two years of imprisonment time for "serious personal injury offence" such as
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
or other designated offence under section 752 of the Criminal Code.
Effective 13 March 2012, the eligibility criteria and waiting periods changed:
* Five years for
summary
may refer to:
* Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences
* Epitome, a summary or miniature form
* Abridgement, the act of reducing a written work into a sho ...
convictions under the ''
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
'' or other
federal act or regulation, except sexual crimes against children
* Five years under the ''National Defence Act'', if fined $2,000 or less, detained or imprisoned six months or less, or subjected to various lesser punishments for a service offence
* Ten years for
indictable
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
convictions under the ''Criminal Code'' or other federal act or regulation and summary convictions of sexual crimes against children
* Ten years for all convictions by a Canadian offender transferred to Canada under the ''Transfer of Offenders Act'' or ''International Transfer of Offenders Act''
* Ten years under the ''
National Defence Act'', if fined more than $2,000, detained or imprisoned more than six months, or
dismissed from service
* "Not Eligible" for
indictable
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
convictions for sexual crimes against children (Schedule 1 Offence under CRA)
* "Not Eligible" for criminals with more than three offences prosecuted by indictment, each with a prison sentence of two or more years.
Applicants for a record suspension must be able to show that they have completed their sentences in full and provide proof of payment.
Individuals can apply for a pardon by filling out the application forms available from the Parole Board and by paying a $631 pardon application fee.
Clemency
In Canada, clemency is granted by the
Governor General of Canada
The governor general of Canada (french: gouverneure générale du Canada) is the federal viceregal representative of the . The is head of state of Canada and the 14 other Commonwealth realms, but resides in oldest and most populous realm, t ...
or the
Governor in Council
The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of a ...
(the federal cabinet) under the
royal prerogative of mercy
In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal prer ...
. Applications are also made to the
National Parole Board
The Parole Board of Canada (french: Commission des libérations conditionnelles du Canada; formerly known as the National Parole Board) is the Canadian government agency that is responsible for reviewing and issuing parole and criminal pardons i ...
, as in pardons, but clemency may involve the commutation of a sentence, or the remission of all or part of the sentence, a
respite from the sentence (for a
medical condition
A disease is a particular abnormal condition that negatively affects the structure or function (biology), function of all or part of an organism, and that is not immediately due to any external injury. Diseases are often known to be medica ...
or a
relief
Relief is a sculptural method in which the sculpted pieces are bonded to a solid background of the same material. The term ''relief'' is from the Latin verb ''relevo'', to raise. To create a sculpture in relief is to give the impression that the ...
from a prohibition e.g., to allow someone to drive who has been prohibited from driving).
Chile
In
Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
, the institution of pardon (''indulto'') is regulated in the
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
(article 93, Nº 4º), which deals with the extinction of criminal liability. A pardon "only grants the remission or the commutation of the sentence; it does not remove the condition of having been condemned". The pardon may be either general, when it is granted to all those covered by a specific law passed by qualified quorum in
National Congress, or particular, when it is granted by Supreme Decree of the
President of the Republic. In Chile's presidential regime, the President is the
Head of State
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
; in this capacity, the president has the discretionary power to grant particular pardons and is not obliged to seek opinion or approval from other authorities, although, the granting of pardons is limited by the norms of Law No. 18.050 (1981), and its Regulations (Decree No. 1542 of 1981 on particular pardons), which forbid particular pardons for those convicted of a crime of terrorism.
China
The
1954 Constitution of China made provision for amnesties and pardons, both of which were to be powers of the
Standing Committee of the National People's Congress. The amnesty or pardon would then be issued by the President.
Chairman
The chairperson, also chairman, chairwoman or chair, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the grou ...
Mao Zedong
Mao Zedong pronounced ; also romanised traditionally as Mao Tse-tung. (26 December 1893 – 9 September 1976), also known as Chairman Mao, was a Chinese communist revolutionary who was the founder of the People's Republic of China (PRC) ...
&
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
Liu Shaoqi released the first-time pardon in 1959.
The later three constitutions promulgated in 1975, 1978, and 1982 all removed provision amnesty and only kept pardons. In China, pardons are decided by the National Standing Committee of the People's Congress and issued by the President.
Egypt
On September 23, 2015, president
Abdel Fattah el-Sisi
Abdel Fattah Saeed Hussein Khalil el-Sisi; (born 19 November 1954) is an Egyptian politician and retired military officer who has served as the sixth and current president of Egypt since 2014. Before retiring as a general in the Egyptian mil ...
issued a pardon freeing 100 activists, including
Al Jazeera
Al Jazeera ( ar, الجزيرة, translit-std=DIN, translit=al-jazīrah, , "The Island") is a state-owned Arabic-language international radio and TV broadcaster of Qatar. It is based in Doha and operated by the media conglomerate Al Jazeera ...
journalists
Mohamed Fahmy
Mohamed Fadel Fahmy ( ar, محمد فاضل فهمي ; born April 27, 1974) is an Egyptian-born Canadian journalist, war correspondent and author. He has worked extensively in the Middle East, North Africa, for CNN, BBC and Al Jazeera Engl ...
and
Baher Mohamed.
France
Pardons and acts of clemency (''grâces'') are granted by the
President of France
The president of France, officially the president of the French Republic (french: Président de la République française), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency i ...
, who, ultimately, is the sole judge of the propriety of the measure. It is a prerogative of the President which is directly inherited from that of the Kings of France. The convicted person sends a request for pardon to the President of the Republic. The
prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
of the court that pronounced the verdict reports on the case, and the case goes to the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
's directorate of criminal affairs and pardons for further consideration.
If granted, the
decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used ...
of pardon is signed by the President, the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
, the
Minister of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
, and possibly other ministers involved in the consideration of the case. It is not published in the ''
Journal Officiel
A journal, from the Old French ''journal'' (meaning "daily"), may refer to:
*Bullet journal, a method of personal organization
*Diary, a record of what happened over the course of a day or other period
*Daybook, also known as a general journal, a ...
''.
The decree may spare the applicant from serving the balance of his or her sentence, or commute the sentence to a lesser one. It does not suppress the right for the victim of the crime to obtain compensation for the
damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
it suffered, and does not erase the condemnation from the
criminal record
A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...
.
When the
death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
was in force in France, all capital sentences resulted in a presidential review for a possible clemency. Executions were carried out if and only if the President rejected clemency, by signing a document on which it was written: "decides to let justice take its course".
The
Parliament of France
The French Parliament (french: Parlement français) is the bicameral legislature of the French Republic, consisting of the Senate () and the National Assembly (). Each assembly conducts legislative sessions at separate locations in Paris: ...
, on occasions, grants
amnesty
Amnesty (from the Ancient Greek ἀμνηστία, ''amnestia'', "forgetfulness, passing over") is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power offici ...
. This is a different concept and procedure from that described above, although the phrase "presidential amnesty" (''amnistie présidentielle'') is sometimes pejoratively applied to some acts of parliament traditionally voted upon after a presidential election, granting amnesty for minor crimes.
Germany
Similar to the United States, the right to grant pardon in
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
is divided between the federal and the state level. Federal jurisdiction in matters of criminal law is mostly restricted to appeals against decisions of state courts. Only "political" crimes like
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
or
terrorism
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
are tried on behalf of the
federal government by the highest state courts. Accordingly, the category of persons eligible for a federal pardon is rather narrow. The right to grant a federal pardon lies in the office of the
President of Germany
The president of Germany, officially the Federal President of the Federal Republic of Germany (german: link=no, Bundespräsident der Bundesrepublik Deutschland),The official title within Germany is ', with ' being added in international corres ...
, but he or she can transfer this power to other persons, such as the chancellor or the minister of justice.
In early 2007, there was a widespread public discussion about the granting of pardons in Germany after convicted
Red Army Faction
The Red Army Faction (RAF, ; , ),See the section "Name" also known as the Baader–Meinhof Group or Baader–Meinhof Gang (, , active 1970–1998), was a West German far-left Marxist-Leninist urban guerrilla group founded in 1970.
The ...
terrorist
Christian Klar
Christian Klar (born 20 May 1952) is a former leading member of the second generation Red Army Faction (RAF), active between the 1970s and 1980s. Imprisoned in 1982 in Bruchsal Prison, he was released on 19 December 2008, after serving over 26 ...
, who was serving six consecutive sentences of life imprisonment, filed a petition for pardon. President
Horst Köhler
Horst Köhler (; born 22 February 1943) is a German politician who served as President of Germany from 2004 to 2010. As the candidate of the two Christian Democratic sister parties, the CDU (of which he is a member) and the CSU, as well as the ...
ultimately denied his request. Following a court decision, Klar was released on parole in December 2008.
For all other (and therefore the vast majority of) convicts, pardons are in the jurisdiction of the
states. In some states it is granted by the respective cabinet, but in most states the state constitution vests the authority in the state prime minister. As on the federal level, the authority may be transferred.
Amnesty
Amnesty (from the Ancient Greek ἀμνηστία, ''amnestia'', "forgetfulness, passing over") is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power offici ...
can be granted only by federal law.
Greece
The
Constitution of Greece
The Constitution of Greece ( el, Σύνταγμα της Ελλάδας, Syntagma tis Elladas) was created by the Fifth Revisionary Parliament of the Hellenes in 1974, after the fall of the Greek military junta and the start of the Third Hellen ...
grants the power of pardon to the
President of the Republic (Art. 47, § 1). He/She can pardon, commute or remit punishment imposed by any court, on the proposal of the
Minister of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
and after receiving the opinion (not the consent necessarily) of the Pardon Committee.
Hong Kong
Prior to the
transfer of the sovereignty in 1997, the power of pardon was the
royal prerogative of mercy
In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal prer ...
of the
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
of the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
. This was used and cited the most often in cases of convicts who had been given the
death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
: from 1965 to 1993 (when the death penalty was formally abolished) death sentences were automatically commuted to life imprisonment under the royal prerogative.
Since the transfer, the
Chief Executive of Hong Kong
The Chief Executive of the Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong. The position was created to replace the office of governor of ...
now exercises the power to grant pardons and commute penalties under section 12 of article 48
Basic Law of Hong Kong
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 ar ...
. "The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions ... to pardon persons convicted of criminal offences or commute their penalties".
India
Under the
Constitution of India
The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ...
(Article 72), the
President of India
The president of India ( IAST: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the commander-in-chief of the Indian Armed Forces. Droupadi Murmu ...
can grant a pardon or
reduce
Reduction, reduced, or reduce may refer to:
Science and technology Chemistry
* Reduction (chemistry), part of a reduction-oxidation (redox) reaction in which atoms have their oxidation state changed.
** Organic redox reaction, a redox react ...
the sentence of a convicted person, particularly in cases involving
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. A similar and parallel power vests in the
governors of each state under Article 161.
The Constitution of India vests sovereign power in the president and governors. The governance in the centre and states is carried out in the name of the president and governor respectively. The president is empowered with the power to pardon under Article 72 of the Indian Constitution. Article 72 says that the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. The meaning of these terms is as follows:
The pardoning powers of the Indian President are elucidated in Art 72 of the Indian Constitution.
There are five different types of pardoning which are mandated by law.
# Pardon: completely absolving the person of the crime and letting him go free. The pardoned criminal will be treated like a normal citizen.
# Commutation: changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence.
# Reprieve: a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for a Presidential Pardon or any other legal remedy to prove his innocence or allow for successful rehabilitation.
# Respite: reducing the quantum or degree of the punishment to a criminal in view of some special circumstances, like pregnancy, mental condition to name a few.
# Remission: changing the quantum of the punishment without changing its nature, for example reducing twenty years worth of rigorous imprisonment to ten years.
Article 72 reads:
Similarly, as per article 161: Governor of a State has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends. Please note that President can grant pardon to a person awarded death sentence. But a governor of a state does not enjoy this power.
The question is whether this power to grant pardon is absolute or this power of pardon shall be exercised by the President on the advice of Council of Ministers. The pardoning power of the president is not absolute. It is governed by the advice of the Council of Ministers. This has not been discussed by the constitution but is the practical truth. Further, the constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction. But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness. The court has earlier held that court has retained the power of judicial review even on a matter which has been vested by the Constitution solely in the Executive.
However, it is important to note that India has a unitary legal system and there is no separate body of state law. All crimes are crimes against the Union of India. Therefore, a convention has developed that the governor's powers are exercised for only minor offenses, while requests for pardons and reprieves for major offenses and offenses committed in the Union Territories are deferred to the President.
Both the President and Governor are bound by the advice of their respective Councils of Ministers and hence the exercise of this power is of an executive character. It is therefore subject to
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
as held by the
Supreme Court of India in the case of . It was subsequently confirmed by . In the case of , it was held that "clemency is subject to
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
and that it cannot be dispensed as a privilege or act of grace". The court made these observation while quashing the decision of then
Governor of Andhra Pradesh
This is a list of governors of Andhra, including Andhra State and United Andhra Pradesh, in office from 1953 to the present date. The official residence of the governor is the Raj Bhavan, situated in Vijayawada. E. S. L. Narasimhan is the lo ...
Sushil Kumar Shinde
Sushilkumar Sambhaji Shinde (born 4 September 1941) is an Indian politician from the state of Maharashtra. He was the Minister of Home Affairs, Minister of Power in the Manmohan Singh government, and the Leader of the House in Lok Sabha until ...
in commuting the sentence of a convicted Congress activist.
Iran
In the
Islamic Republic of Iran
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
, the
Supreme Leader has the power to pardon and offer clemency under Article 110, § 1, §§ 11.
Ireland
Constitutional basis
The
Irish constitution
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditio ...
states (in Article 13.6) that
The power of clemency is nominally exercised by the president. However, the
President of Ireland
The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Ireland and the supreme commander of the Irish Defence Forces.
The president holds office for seven years, and can be elected for a maximum of two terms.Constitu ...
must act "on the advice" of the
Government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
(cabinet), so in practice the clemency decisions are made by the government of the day and the president has no discretion in the matter. The responsibility can also be delegated to people or bodies other than the president.
Amnesty and immunity, on the other hand, are usually dealt with by an Act of the
Oireachtas rather than by a general form of pardon or a slate of individual pardons.
There are two methods by which a pardon may proceed:
Method I
In the first procedure, aimed at miscarriages of justice, the Minister for Justice may recommend to the Government that they formally advise the President to grant a pardon, and any conditions along with it.
1993 Criminal Procedure Act provides the method by which a person convicted of an offence may apply for a pardon. Under this procedure, the person must:
* Have already been convicted.
* Have used up their appeals.
* Allege a new fact (previously known and believed to be significant, but which he has a reasonable excuse for not having mentioned) or newly discovered fact (including a fact previously known which was not believed to be significant) showing a miscarriage of justice has taken place.
Then they can apply in writing to the Minister for Justice for a pardon.
The minister may then "make or cause to be made such inquiries as they consider necessary" and may refuse to grant the pardon on his/her own initiative, or if they think the person should be pardoned, bring such argument to cabinet.
Method II
Section six of the act allows a
Minister for Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
to seek or receive a pardon request from someone whose case is not a '
miscarriage of justice
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Inno ...
', but has some other fault, such as an archaic law, a law being misapplied by a rogue judge, a reduction in the harshness of a sentence or a substitution of a sentence, without having to go through the procedure above, gone through appeals, or presented new facts. It also allows the minister to waive the procedure in a case of miscarriage of justice if the specific case warrants it. It may also allow prospective pardons as it allows the minister to pardon someone who has not been convicted yet, which the other procedure requires.
Committee of Inquiry
The government itself may assemble a committee to study the case in more detail on their behalf. This may consist of anyone, and any number, but the chair must be:
* A judge or former judge or
* A barrister of at least 10 years standing or
* A solicitor of at least 10 years standing.
This special committee may look to any material it sees fit to make its decision, even if it was not, or would not be, available to a jury or trial judge in a normal court.
The government do not have to be bound by the committee recommendations.
Pardons under military law
Under Section 7(5) of the act, the same powers of the Minister for Justice apply to the
Minister for Defence
{{unsourced, date=February 2021
A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in states ...
in the case of military officers and enlisted convicted by courts martial.
Compensation
The Minister for Justice or Defence may also, in their absolute discretion, pay compensation, determined by them alone, to any person given a pardon, if this compensation is applied for. If they think the compensation is too low they may challenge for a higher figure in the High Court.
List of people who have received a presidential pardon since 1938
The power is used very infrequently compared to, for example, pardons in the United States.
* 1940 – Thomas Quinn, granted by
Douglas Hyde
Douglas Ross Hyde ( ga, Dubhghlas de hÍde; 17 January 1860 – 12 July 1949), known as (), was an Irish academic, linguist, scholar of the Irish language, politician and diplomat who served as the first President of Ireland from June 1938 t ...
* 1943 – Walter Brady, granted by Douglas Hyde
* 1992 –
Nicky Kelly
Edward Noel Kelly (born 9 January 1951), known as Nicky Kelly, is an Irish politician from Arklow in County Wicklow. He was born in Graiguenamanagh, County Kilkenny. A member of Official Sinn Féin, later on he left it to join the new Irish Re ...
, granted by
Mary Robinson
Mary Therese Winifred Robinson ( ga, Máire Mhic Róibín; ; born 21 May 1944) is an Irish politician who was the 7th president of Ireland, serving from December 1990 to September 1997, the first woman to hold this office. Prior to her electi ...
* 1999 – William Geary, granted by
Mary McAleese
Mary Patricia McAleese ( ; ga, Máire Pádraigín Mhic Ghiolla Íosa; ; born 27 June 1951) is an Irish activist lawyer and former politician who served as the eighth president of Ireland from November 1997 to November 2011. She is an academic ...
* 2018 –
Maolra Seoighe
Maolra Seoighe (English: ''Myles Joyce''), Cappancreha, County Galway, was a man who was wrongfully convicted and hanged on 15 December 1882. He was found guilty of the Maamtrasna Murders and was sentenced to death. The case was heard in Englis ...
, granted by
Michael D. Higgins
Michael Daniel Higgins ( ga, Mícheál Dónal Ó hUigínn; born 18 April 1941) is an Irish politician, poet, sociologist, and broadcaster, who has served as the ninth president of Ireland since November 2011. Entering national politics throug ...
* 2021 – John Twiss, granted by Michael D. Higgins
Israel
In
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
has the power to pardon criminals or commute their sentences. The President's pardon powers are set out in the
Basic Laws of Israel
The Basic Laws of Israel ( he, , Ḥukey HaYesod) are thirteen constitutional laws of the State of Israel, and some of them can only be changed by a supermajority vote in the Knesset (with varying requirements for different Basic Laws and sectio ...
. The pardon is given following a recommendation by the
Minister of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
.
After the
Kav 300 affair
The Bus 300 affair (), also known as Kav 300 affair, was a 1984 incident in which Shin Bet members executed two Palestinian bus hijackers, immediately after the hostage crisis incident ended and they had been captured.
After the incident, the Sh ...
, President
Chaim Herzog
Major-General Chaim Herzog ( he, חיים הרצוג; 17 September 1918 – 17 April 1997) was an Irish-born Israeli politician, general, lawyer and author who served as the sixth President of Israel between 1983 and 1993. Born in Belfast and ...
issued a pardon to four members of the
Shin Bet
The Israel Security Agency (ISA; he, שֵׁירוּת הַבִּיטָּחוֹן הַכְּלָלִי; ''Sherut ha-Bitaẖon haKlali''; "the General Security Service"; ar, جهاز الأمن العام), better known by the acronym Shabak ( he, ...
prior to them being
indicted
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of ...
. This unusual act was the first of its kind in Israel.
Italy
In
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
, the
President of the Republic may "grant pardons, or commute punishments" according to article 87 of the
Italian Constitution
The Constitution of the Italian Republic ( it, Costituzione della Repubblica Italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, ...
. Like other acts of the president, the pardon requires the countersignature of the competent government minister. The
Constitutional Court of Italy
The Constitutional Court of the Italian Republic ( it, Corte costituzionale della Repubblica Italiana) is the highest court of Italy in matters of constitutional law. Sometimes, the name ''Consulta'' is used as a metonym for it, because its sessi ...
has ruled that the
Minister of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
is obliged to sign acts of pardon.
The pardon may remove the punishment altogether or change its form. Unless the decree of pardon states otherwise, the pardon does not remove any incidental effects of a criminal conviction, such as a mention in a certificate of conduct (174 c.p.) or the loss of civil rights.
According to article 79 of the Italian Constitution the Parliament may grant amnesty (article 151 c.p.) and pardon (article 174 c.p.) by law deliberated a majority of two-thirds of the components. The last general pardon, discounting 3 years from sentences, was approved in 2006.
Poland
In
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
, the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
is granted the right of pardon by Article 139 of the
Constitution of the Republic of Poland
The current Constitution of Poland was founded on 2 April 1997. Formally known as the Constitution of the Republic of Poland ( pl, Konstytucja Rzeczypospolitej Polskiej), it replaced the Small Constitution of 1992, the last amended version of ...
. As of October 2008, 7,819 people were pardoned, while 3,046 people's appeals were declined.
*
Lech Wałęsa
Lech Wałęsa (; ; born 29 September 1943) is a Polish statesman, dissident, and Nobel Peace Prize laureate, who served as the President of Poland between 1990 and 1995. After winning the 1990 election, Wałęsa became the first democratica ...
** Approved – 3,454
** Declined – 384
*
Aleksander Kwaśniewski
Aleksander Kwaśniewski (; born 15 November 1954) is a Polish politician and journalist. He served as the President of Poland from 1995 to 2005. He was born in Białogard, and during communist rule, he was active in the Socialist Union of Pol ...
** Approved – 3,295 (the first term); 795 (the second term); total – 4,090
** Declined – 993 (the first term); 1,317 (the second term); total – 2,310
*
Lech Kaczyński
Lech Aleksander Kaczyński (; 18 June 194910 April 2010) was a Polish politician who served as the city mayor of Warsaw from 2002 until 2005, and as President of Poland from 2005 until his death in 2010. Before his tenure as president, he pre ...
** Approved – 201
** Declined – 913
*
Bronisław Komorowski
Bronisław Maria Komorowski (; born 4 June 1952) is a Polish politician and historian who served as President of Poland from 2010 to 2015.
Komorowski served as Minister of Defence from 2000 to 2001. As Marshal of the Sejm, Komorowski exercis ...
** Approved – 219
** Declined – 189
Portugal
In Portugal, the Heads of State –
Kings or
Presidents
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
– have always enjoyed the prerogative of grace, being able to grant pardons, commuting or extinguishing sentences in the context of requests for clemency.
According to the
Portuguese Constitution
The present Constitution of Portugal was adopted in 1976 after the Carnation Revolution. It was preceded by a number of constitutions including the first one created in 1822 (following the Liberal Revolution of 1820), 1826 (drawn up by King ...
, the
President of the Portuguese Republic
The president of Portugal, officially the president of the Portuguese Republic ( pt, Presidente da República Portuguesa, ), is the head of state and highest office of Portugal.
The powers, functions and duties of prior presidential offices, an ...
has the power to pardon and commute sentences, on the proposal of the
Government of the Portuguese Republic. This is the exclusive and discretionary competence of the President and is not subject to any conditions beyond the prior hearing of the Government, generally represented by the
Minister of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
. Requests or proposals for pardons are instructed by the Criminal Execution Court by referral from the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
and subsequently submitted to the President for consideration. The pardon is granted by Presidential Decree; if the pardon is denied, the President decides by order. Traditionally pardons are granted during the Christmas period. The pardon can be revoked by the President of the Republic.
In 2019 the President granted two pardons.
The pardon, as an individual, shall not be confused with amnesty or generic forgiveness, both of a general and abstract nature. Amnesty has retroactive effects, affecting not only the penalty applied but the past criminal act itself, which is forgotten, considered as not practiced (retroactive abolition of crime). Generic forgiveness focuses only on the penalties determined by the sentencing decision and for the future. It is the reserved competence of the
Portuguese Parliamnent to approve generic amnesties and pardons.
Russia
The
President of the Russian Federation
The president of the Russian Federation ( rus, Президент Российской Федерации, Prezident Rossiyskoy Federatsii) is the head of state of the Russian Federation. The president leads the executive branch of the federal ...
is granted the right of pardon by Article 89 of the
Constitution of the Russian Federation
The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication, and abolished the Soviet system of gov ...
. The chain of pardon committees manage lists of people eligible for pardon and directs them to the President for signing. While President
Boris Yeltsin
Boris Nikolayevich Yeltsin ( rus, Борис Николаевич Ельцин, p=bɐˈrʲis nʲɪkɐˈla(j)ɪvʲɪtɕ ˈjelʲtsɨn, a=Ru-Boris Nikolayevich Yeltsin.ogg; 1 February 1931 – 23 April 2007) was a Soviet and Russian politician wh ...
frequently used his power of pardon (1998 – 7,000 to 8,000 cases), his successor
Vladimir Putin
Vladimir Vladimirovich Putin; (born 7 October 1952) is a Russian politician and former intelligence officer who holds the office of president of Russia. Putin has served continuously as president or prime minister since 1999: as prime min ...
is much more hesitant; he granted five pardons in 2014 and two in 2015.
A pardon can be requested at any time, although a one year waiting period is required between requests.
[Указ Президента РФ от 28 декабря 2001 г. № 1500 «О комиссиях по вопросам помилования на территориях субъектов Российской Федерации»; «Положение о порядке рассмотрения ходатайств о помиловании в Российской Федерации»](_blank)
Rwanda
The prerogative of mercy is a form of pardon that can be exercised by the
President of Rwanda
This article lists the presidents of Rwanda since the creation of the office in 1961 (during the Rwandan Revolution), to the present day.
The president of Rwanda is the head of state and head of executive of the Republic of Rwanda. The presi ...
. The prerogative is one of the powers of the president defined by the
Constitution of Rwanda
The Constitution of Rwanda was adopted by referendum on May 26, 2003. It replaced the older Constitution of 1991.
The Constitution provides for a presidential system of government, with separation of powers between the three branches. It condemns ...
, which came into effect in 2003 following a
national referendum. According to the Constitution of Rwanda, "The President of the Republic has authority to exercise the prerogative of mercy in accordance with the procedure determined by law and after consulting the
Supreme Court on the matter."
Republic of South Africa
Under section 84(2)(j) of the Constitution of the Republic of
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
, 1996 (Act 108 of 1996), the President of the Republic of South Africa is responsible for pardoning or reprieving offenders. This power of the President is only exercised in highly exceptional cases.
To pardon a person is to forgive a person for his/her deeds. The pardon process is therefore not available to persons who maintain their innocence and is not an advanced form of appeal procedure.
Pardon is only granted for minor offences after a period of ten years has elapsed since the relevant conviction.
For many serious offences (for example if the relevant court viewed the offence in such a serious light that direct imprisonment was imposed) pardon will not be granted even if more than ten years have elapsed since the conviction.
Spain
The ''derecho de gracia'' ("right of grace") or ''indulto'' ("pardon") is acknowledged by the
Spanish Constitution of 1978
The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was ...
as a privilege of the
King of Spain (article 62.i: "Functions of the King"). Spanish law defines it as a renunciation on the State's part of its own punitive power on behalf of an individual, founded on reasons of equity or public interest. The Constitution subjects royal pardons to the law and forbids general pardons, so they have to be granted individually. Theoretically, a royal pardon can be granted for a general offense or accessory offenses alone; if it is granted for a general offense, the accessory ones it implies are also pardoned, with the exception of punishments involving political rights (i.e., removal of the right to run for a public office as a result of a sentence), which have to be explicitly mentioned in the pardon decree if they are going to be pardoned.
The procedure and requirements for the grant of the pardon are given by the Law of 18 June 1870, modified by the Law 1/1988 of 14 January. The application for royal pardon has to be carried out by the convicted person himself, his relatives or any other person in his name. The convicting court will then issue a report of the case, which shall be considered along with the public comments of the Prosecutor and the victims of the crime if there were any. All of this is gathered by the
Minister of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
, who will present the pardon issue to the Cabinet of Ministers. If the Cabinet decides a pardon should be granted, then the Minister of Justice will recommend as such to the King. Pardons are issued by Royal Decree and have to be published in the ("Public Journal").
Pardons are not commonly conceded in Spain but for offenders convicted for minor crimes who are about to complete their sentence and have shown good behaviour and repentance. Dating back to medieval times, several organisations and religious brotherhoods still hold the right of granting pardons as part of some privilege or other granted to them by the King of Spain. The scope of this privilege depends on the royal charter received by the organisation when their right to concede pardons was granted, though it usually holds only for minor offenses in very especial conditions; this right is implicitly acknowledged by the public offices nowadays, though it is not exercised but following the usual procedure for royal pardons. Traditionally, they will propose some petty criminal about to end his sentence for pardon being granted to him, and he/she will be released following the tradition to which the pardon holds, usually during the Holy Week. This type of pardons are distinguished from the usual ones in that they only release the prisoner from jail, halting the sentence, but do not pardon the offense itself.
Sri Lanka
In
Sri Lanka
Sri Lanka (, ; si, ශ්රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
, under the
Sri Lankan Constitution the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
can grant a pardon, respite or substitute a less severe form of punishment for any punishment imposed to any offender convicted of any offence in any court within the Republic of Sri Lanka. It is generally referred to as a ''Presidential pardon''.
Switzerland
In
Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
, pardons may be granted by the
Swiss Federal Assembly for crimes prosecuted by the
federal authorities. For crimes under
cantonal jurisdiction, cantonal law designates the authority competent to grant pardons (if any). In most cantons, the cantonal parliament may pardon felonies, and the cantonal government may pardon
misdemeanors and minor infractions.
Turkey
The
president of Turkey
The president of Turkey, officially the president of the Republic of Türkiye ( tr, Türkiye Cumhuriyeti Cumhurbaşkanı), is the head of state and head of government of Turkey. The president directs the executive branch of the national govern ...
is granted the right of pardon under certain circumstances defined in the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, article 104. According to the article, the president can "remit, on grounds of chronic illness, disability, or old age, all or part of the sentences imposed on certain individuals". After the convict's or his or her proxy's application, if the Council of Forensic Medicine determines that the convict suffers from chronic illness, disability, or old age, the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
presents the situation to the president, and the president can choose to grant a pardon.
Additionally, the
parliament of Turkey
The Grand National Assembly of Turkey ( tr, ), usually referred to simply as the TBMM or Parliament ( tr, or ''Parlamento''), is the unicameral Turkish legislature. It is the sole body given the legislative prerogatives by the Turkish Consti ...
has the power to announce general amnesty.
United Kingdom
The power to grant pardons and reprieves in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
is known as the royal prerogative of mercy. It was traditionally in the absolute power of the monarch to pardon an individual for a crime, whether or not he or she had been convicted, and thereby commute any penalty; the power was then delegated both to the judiciary and the sovereign's ministers. Since the creation of legal rights of appeal, the royal prerogative of mercy is no longer exercised by the person of the sovereign, or by the judiciary, but only by the government.
In constitutional terms, under the doctrine of the
rule of law, the power of ministers to overrule the judiciary by commuting criminal sanctions imposed resolves different and sometimes conflicting public interests. In civil matters, only the legislative branch, and not ministers, have the power to override the judiciary.
The
Indemnity and Oblivion Act
The Indemnity and Oblivion Act 1660 was an Act of the Parliament of England (12 Cha. II c. 11), the long title of which is "An Act of Free and General Pardon, Indemnity, and Oblivion". This act was a general pardon for everyone who had committe ...
1660 was a general pardon for everyone who had committed crimes during the
English Civil War
The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of re ...
and
Interregnum with some exceptions for
regicide
Regicide is the purposeful killing of a monarch or sovereign of a polity and is often associated with the usurpation of power. A regicide can also be the person responsible for the killing. The word comes from the Latin roots of ''regis'' ...
s and serious crimes.
Until the nineteenth century, for many crimes the sentence was mandatory and was formally pronounced in court immediately upon conviction, but judges and ministers were given powers to exercise the royal prerogative of mercy out of court, in order to mitigate the rigour of the law. Before there was any general form of criminal appeal, a judge might grant a pardon either by way of clemency, because he felt in his opinion that the law was unduly harsh (for example, in the case of convictions of minors), that the verdict was dubious, to seek public approval, or it was otherwise in the public interest.
Capital sentences imposed by the
assizes were generally executed when the assize was concluded and as the
circuit judge left the town, so there was a limited window of time to apply to a judge or directly to the Crown for a pardon. Especially for assizes that were far away from the then capital and major cities of
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
,
York
York is a cathedral city with Roman origins, sited at the confluence of the rivers Ouse and Foss in North Yorkshire, England. It is the historic county town of Yorkshire. The city has many historic buildings and other structures, such as a ...
,
Durham Durham most commonly refers to:
*Durham, England, a cathedral city and the county town of County Durham
*County Durham, an English county
* Durham County, North Carolina, a county in North Carolina, United States
*Durham, North Carolina, a city in N ...
,
Edinburgh
Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
, or
Dublin
Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...
, a pardon might well arrive too late. Perhaps as a form of temporary punishment, to give solace, to avoid public disorder, to consult or obtain further evidence, or to maximise the public approval of the King's mercy, judges often did not grant their pardons until their departures; the convict often hoped until his last moments that the sentence of death would not actually be executed, and it was generally popular for a reprieve to arrive at the scaffold at the very moment of the execution.
Conditional pardons were granted to many in the 18th century, in return for
transportation to British colonies overseas for life in lieu, especially to the
Australian colonies
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing ...
.
The first known ''general pardon'' in
post-Conquest England was issued during the celebrations at the
coronation
A coronation is the act of placement or bestowal of a crown upon a monarch's head. The term also generally refers not only to the physical crowning but to the whole ceremony wherein the act of crowning occurs, along with the presentation of ot ...
of
King Edward III
Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring ...
in 1327. In 2006, all
British Armed Forces
The British Armed Forces, also known as His Majesty's Armed Forces, are the military forces responsible for the defence of the United Kingdom, its Overseas Territories and the Crown Dependencies. They also promote the UK's wider interests, s ...
soldiers who were
executed
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
for
cowardice
Cowardice is a trait wherein excessive fear prevents an individual from taking a risk or facing danger. It is the opposite of courage. As a label, "cowardice" indicates a failure of character in the face of a challenge. One who succumbs to cowa ...
during the
First World War
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
were given a statutory pardon by an Act of Parliament (the
Armed Forces Act 2006
The Armed Forces Act 2006 (c 52) is an Act of the Parliament of the United Kingdom.
It came into force on 31 October 2006. It replaces the three separate Service Discipline Acts (the Army Act 1955, the Air Force Act 1955 and the Naval Discip ...
), following a long-running controversy about the justice of their executions.
Today the sovereign only grants pardons upon the advice of his ministers: currently they are the
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
, for
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
; the
First Minister of Scotland; or the
Secretary of State for Northern Ireland. The
Secretary of State for Defence
The secretary of state for defence, also referred to as the defence secretary, is a secretary of state in the Government of the United Kingdom, with overall responsibility for the business of the Ministry of Defence. The incumbent is a membe ...
is responsible for military cases. It is the standard policy of the government to only grant pardons to those who are considered "morally" innocent of the offence, as opposed to those who may have been wrongly convicted by a misapplication of the law. Pardons are generally no longer issued prior to a conviction, but only after the conviction. The use of the royal prerogative of mercy is now a rare occurrence, given that the
Criminal Cases Review Commission
The Criminal Cases Review Commission (CCRC) is the statutory body responsible for investigating alleged miscarriages of justice in England, Wales, and Northern Ireland. It was established by Section 8 of the Criminal Appeal Act 1995 and bega ...
and the
Scottish Criminal Cases Review Commission
The Scottish Criminal Cases Review Commission (SCCRC) is an executive non-departmental public body of the Scottish Government, established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act 1 ...
are now avenues to statutory remedies against miscarriages of justice.
Therefore, the grant of pardons is now very rare occurrence indeed, and the vast majority of
acknowledged miscarriages of justice were decided upon by the courts. During the
Birmingham Six
The Birmingham Six were six Irishmen who were each sentenced to life imprisonment in 1975 following their false convictions for the 1974 Birmingham pub bombings. Their convictions were declared unsafe and unsatisfactory and quashed by the C ...
case, Home Secretary
Douglas Hurd
Douglas Richard Hurd, Baron Hurd of Westwell, (born 8 March 1930) is a British Conservative Party politician who served in the governments of Margaret Thatcher and John Major from 1979 to 1995.
A career diplomat and political secretary to P ...
stressed that he could only make the decision for a pardon if he was "convinced of
heirinnocence", which at the time he was not.
One recent case was that of two drug smugglers, John Haase and Paul Bennett. They were pardoned in July 1996 from their sentences of imprisonment both of 18 years, having served some ten months, on the advice of Home Secretary
Michael Howard
Michael Howard, Baron Howard of Lympne (born Michael Hecht; 7 July 1941) is a British politician who served as Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005. He previously held cabinet posi ...
. This was intended as a reward for their information given to the authorities, but there were speculations as to the motives of the Home Secretary. In 2008 they were sentenced to imprisonment for 20 and 22 years, respectively, after subsequent discovery that the information they gave was unreliable.
In 1980, after the courts had dismissed their appeals, the
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national s ...
,
William Whitelaw
William Stephen Ian Whitelaw, 1st Viscount Whitelaw, (28 June 1918 – 1 July 1999) was a British Conservative Party politician who served in a wide number of Cabinet positions, most notably as Home Secretary from 1979 to 1983 and as ''de fac ...
, used the royal prerogative of mercy to free David Cooper and Michael McMahon from their imprisonment, both having been convicted of murder on poor evidence.
Under the
Act of Settlement 1701, a pardon cannot prevent a person from being
impeached by Parliament, but a pardon may commute any penalties imposed for the conviction. In
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
no person may be pardoned for an offence under Section 11 of the
Habeas Corpus Act 1679
The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2 c. 2) during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of '' ...
(unlawfully transporting prisoners out of England and Wales).
United States
U.S. Constitution
In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, the pardon power for offenses against the United States is granted to the
President of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
under
Article II, Section 2 of the United States Constitution which states that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of
impeachment". The
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
has interpreted this language to include the power to grant many different forms of clemency (generally less sweeping than a full pardon), including not only pardons, but also conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines, forfeitures and other criminal financial penalties,
respites and reprieves, and
amnesties.
The pardon power of the President applies only to convictions under
federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many po ...
.
Additionally, the power extends to military
court-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
cases as well as convictions in the
Superior Court of the District of Columbia
The Superior Court of the District of Columbia, commonly referred to as DC Superior Court, is the trial court for the District of Columbia, in the United States. It hears cases involving criminal and civil law, as well as family court, landlor ...
.
Almost all pardon petitions are addressed to the President, who grants or denies the request. In some cases, the President will, of his own accord, issue a pardon. Typically, applications for pardons are referred for review and non-binding recommendation by the
Office of the Pardon Attorney
The Office of the Pardon Attorney assists the president of the United States in his exercise of executive clemency as authorized by Article II, Section 2, of the US Constitution. It is part of the United States Department of Justice and is in co ...
, an official of the
United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
.
State law
The
governors
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
of most
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
s have the power to grant pardons, reprieves and other forms of clemency for offenses under state criminal law. In other states, that power is committed to an appointed agency or board, or to a board and the governor in some hybrid arrangement (in some states the agency is merged with that of the
parole board A parole board is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge. Parole boards are used in many jurisdiction ...
, as in the
Oklahoma Pardon and Parole Board
The Oklahoma Pardon and Parole Board is the parole board of the state of Oklahoma. The Board was created by an amendment to the Oklahoma Constitution in 1944. The Board has the authority to empower the Governor of Oklahoma to grant pardons, par ...
).
Nine states in the United States have
boards of pardons and paroles that exclusively grant all state pardons. These states are:
Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
(Board of Pardons and Paroles),
Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
(Board of Pardons and Paroles),
Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
(
Board of Pardons and Paroles),
Idaho
Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyom ...
(Commission of Pardons and Paroles),
Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
(
Board of Pardons),
Nebraska
Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwe ...
(Board of Pardons),
Nevada
Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
(Board of Pardon Commissioners),
South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no)
, anthem = " Carolina";" South Carolina On My Mind"
, Former = Province of South Carolina
, seat = Columbia
, LargestCity = Charleston
, LargestMetro = ...
(
Board of Probation, Parole and Pardon), and Utah (Board of Pardons and Parole).
On at least four occasions, state governors
Toney Anaya
Toney Anaya (born April 29, 1941) is an American politician and attorney who served as the 26th governor of New Mexico from 1983 to 1987.
Early life and career
Anaya was born on in Moriarty, New Mexico. He earned a Bacheor of Arts degree from ...
of
New Mexico
)
, population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano)
, seat = Santa Fe
, LargestCity = Albuquerque
, LargestMetro = Tiguex
, OfficialLang = None
, Languages = English, Spanish ( New Mexican), Navajo, Ker ...
in 1986,
George Ryan
George Homer Ryan (born February 24, 1934) is an American former politician and member of the Republican Party who served as the 39th governor of Illinois from 1999 to 2003.
Elected in 1998, Ryan received national attention for his 1999 mora ...
of
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
in 2003,
Martin O'Malley of
Maryland
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
in 2014, and
Kate Brown
Katherine Brown (born June 21, 1960) is an American politician and attorney serving as the 38th governor of Oregon since 2015. A member of the Democratic Party, she served three terms as the state representative from the 13th district of the ...
of
Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
in 2022have commuted all death sentences in their respective states prior to leaving office.
Related concepts
These terms differ subtly from country to country, but generally:
* Clemency is a general concept of amelioration of penalties, especially by action of executive officials; the forms it may take include the following:
**
Amnesty
Amnesty (from the Ancient Greek ἀμνηστία, ''amnestia'', "forgetfulness, passing over") is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power offici ...
: A pardon applied to a group of people rather than an individual. President
Jimmy Carter
James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
offered amnesty to anyone who had
evaded the draft. Weapon amnesties are often granted so that people can hand in weapons to the police without any legal questions being asked as to where they obtained them, why they had them, etc. After a civil war a mass amnesty may be granted to absolve all participants of guilt and "move on". Amnesties are typically applied in advance of any prosecution for the crime.
**
Commutation
Commute, commutation or commutative may refer to:
* Commuting, the process of travelling between a place of residence and a place of work
Mathematics
* Commutative property, a property of a mathematical operation whose result is insensitive to th ...
: Substituting the imposed penalty for a crime with a lesser penalty, whilst still remaining guilty of the original crime (e.g., someone who is guilty of murder may have their sentence commuted to life imprisonment rather than death, or the term of imprisonment may be reduced).
** Remission: Complete or partial cancellation of the penalty, whilst still being considered guilty of said crime (i.e., reduced penalty). (This should not be confused with what is known in USA as remission of
remand, in which a case is sent back to a lower court from which it was appealed, with instructions as to what further proceedings should be held.)
** Reprieve: Temporary postponement of a punishment, usually so that the accused can mount an appeal (especially if he or she has been
sentenced to death
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
).
**
Respite: The delay of an ordered sentence, or the act of temporarily imposing a lesser sentence upon the convicted, whilst further investigation, action, or appeals can be conducted.
*
Expungement
In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or ...
: The process by which the record of a criminal conviction is destroyed or sealed from the official repository, thus removing any traces of guilt or conviction.
*
Immunity from prosecution
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Su ...
: A
prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
may grant immunity, usually to a
witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
, in exchange for testimony or production of other evidence. The prosecutor (conditionally) agrees not to prosecute a crime that the witness might have committed in exchange for said evidence. For example, a car thief who witnesses a murder might be granted immunity for his crime as an inducement to identify, and perhaps to truthfully testify against the murderer.
*
Other immunity: Several other types of immunity are available, depending on the status of a person as a member of the government.
Some criminals who testify for the prosecution put their life in jeopardy by doing so. To encourage witnesses to testify, the government may offer
witness protection
Witness protection is security provided to a threatened person providing testimonial evidence to the justice system, including defendants and other clients, before, during, and after a trial, usually by police. While a witness may only require p ...
. In the
United States Federal Witness Protection Program
The United States Federal Witness Protection Program (WPP), also known as the Witness Security Program or WITSEC, is a witness protection program codified through 18 U.S. Code § 3521 and administered by the United States Department of Justi ...
, about "95% of
itnesses in the programare ... criminals."
[Inside the witness protection program]
" Gabriel Falcon, CNN, February 16, 2013. Those who testify for the prosecution may be offered
immunity from prosecution
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Su ...
for their own crimes.
See also
*
Acts of grace (piracy)
Acts of grace, in the context of piracy, were state proclamations offering pardons (often royal pardons) for acts of piracy. General pardons for piracy were offered on numerous occasions and by multiple states, for instance by the Kingdom of ...
*
Apostolic Pardon
In the Catholic Church, the Apostolic Pardon is an indulgence given for the remission of temporal punishment due to sin. The Apostolic Pardon is given by a priest, usually along with Viaticum (i.e. reception of Communion by a dying person, see Pas ...
* ''
Ius strictum ''Ius strictum'' means "strict law", or law interpreted without any modification and in its utmost rigor. It is a very rare term in the materials of classical Roman law. It is really a Byzantine term, occurring in Justinian’s Institutes in refere ...
''
*
Rule of Law
*
Sacrament of Penance
The Sacrament of Penance (also commonly called the Sacrament of Reconciliation or Confession) is one of the Sacraments of the Catholic Church, seven sacraments of the Catholic Church (known in Eastern Christianity as sacred mysteries), in which ...
(Reconciliation; Catholic and some other related churches)
References
External links
International Center for Transitional Justice, Criminal Justice page
{{Authority control
Clemency
Legal terminology
Pardons
Penology