Only those individuals who have been convicted by a final judgment for committing a crime, who are at the disposal of the sentencing court, and who are not repeat offenders are eligible for pardon (although repeat offenders may be granted a pardon if there are reasons of justice, equity, or public interest). However, pardons are not applicable to those convicted of certain crimes, such as rebellion or crimes against the Crown.
Criminal proceedings
Pardon
A pardon is one of the grounds for extinguishing criminal liability and is regulated by the Law of June 18, 1870. It is an exceptional measure that allows the Government to pardon a person convicted of a crime, thus preventing them from having to serve the imposed sentence, reducing its duration, or replacing it with a lighter one. A pardon thus allows for the consideration of circumstances that the courts cannot take into account when deciding whether or not to convict a particular person.
Regarding the pardon
A pardon can be total, in which case it entails the remission of all the sentences to which a subject has been condemned, or partial, which involves the remission of some of the sentences imposed or a part of them.
It can be requested by the family members of the convicted person, any other person acting on their behalf, the sentencing court itself, the Supreme Court, the Public Prosecutor’s Office, the Government or the Treatment Board of the penitentiary establishment in which they are serving their sentence.
First, the corresponding application must be submitted to the Ministry of Justice, the sentencing court, the relevant prison, or the Government Delegation in the province where the convicted person is located. This application is then sent to the Ministry of Justice, which is responsible for compiling and processing the file. This file is subsequently sent to the sentencing court for a report, which is not binding on the Government. Therefore, the Government may grant the pardon even if the court’s report is unfavorable. Finally, the decision to grant or deny the pardon rests with the Council of Ministers, although it is formally granted by the King.
A pardon grants forgiveness of all or part of the sentence. If the sentence involves a fine, the pardon exempts the offender from paying the outstanding amount, but generally does not require the return of amounts already paid. Furthermore, a pardon does not affect civil liability or court costs, which must be paid by the convicted person, nor does it erase criminal records, which can only be expunged after the legally established time limits have elapsed.
A pardon involves the forgiveness of the sentence, while an amnesty entails the forgiveness of the crime itself, and therefore only the latter results in the expungement of a criminal record. Furthermore, a pardon affects a specific individual, while an amnesty affects a group of people.