Pardon

What is a pardon and why does it matter?

The Power of Pardons Across the Globe

A pardon is a government decision allowing a person to be relieved of some or all legal consequences resulting from a criminal conviction. It’s like getting a second chance, but with different rules in each country. In Australia, for instance, the royal prerogative of mercy allows a governor-general to exercise mercy when necessary. This is just one example of how pardons can play critical roles in combating corruption and offering relief.

Pardons in Action: A Closer Look at Different Countries

In Canada, the Parole Board of Canada makes pardon decisions under the Criminal Records Act. A pardon keeps the police record separate from other records but doesn’t erase the fact that an individual was convicted. To be eligible for a pardon or record suspension in Canada, one must have completed all sentences and meet specific waiting periods based on the type of conviction.

In Chile, pardons can be either general or particular. A general pardon requires approval from the National Congress, while particular pardons are granted by the president. This system ensures that both legislative and executive branches have a say in who gets relief.

In China, pardons are issued by the president and decided by the Standing Committee of the National People’s Congress. The first-time pardon was released in 1959, marking an important milestone in the country’s legal history.

Historical Context: Pardons Through Time

The Islamic Republic of Iran grants clemency under Article 110, and the president can offer pardons or commutations. In Israel, the president has the power to pardon criminals or commute their sentences following a recommendation by the minister of justice.

In Italy, the president ‘grants pardons, or commute punishments’ according to article 87 of the Italian Constitution. This means that pardons can be given for various reasons, including good behavior and repentance. The process involves multiple steps, ensuring thorough consideration before a pardon is granted.

Modern Pardoning Practices: A Global Overview

In Morocco, the king has the right to grant pardons pursuant to Article 58 of the Constitution. Requests for pardon must go through an examination process by a commission prior to approval by the king. This system ensures that pardons are granted only after careful consideration.

Poland’s president is granted the right of pardon by Article 139 of the Constitution, but whether this can be done before conviction remains controversial. The power to grant relief is exclusive and discretionary, with no conditions beyond prior hearing from the government.

The Process in Practice: How Pardons Are Granted

In Portugal, heads of state have the prerogative of grace, able to grant pardons, commuting or extinguishing sentences. Requests are instructed by the Criminal Execution Court and submitted to the president for consideration. Traditionally, pardons are granted during the Christmas period, symbolizing a time of forgiveness and renewal.

In Russia, the president can grant pardons under Article 89 of the Constitution. A one-year waiting period is required between requests, ensuring that pardons are not granted too frequently. The process involves multiple steps to ensure fairness and transparency.

Unique Cases: Pardons in Specific Countries

In Rwanda, the president can grant a pardon or respite for any offender convicted of an offence. In South Africa, the president is responsible for pardoning or reprieving offenders but only after ten years have elapsed since the relevant conviction.

The derecho de gracia or indulto in Spain is acknowledged as a privilege of the king and defined as renunciation on the state’s part of its punitive power. Spanish law subjects royal pardons to the law, forbidding general pardons but allowing individual grants. The process involves multiple steps, ensuring that each pardon is carefully considered.

The Diverse Nature of Clemency

Clemency terms vary by country and include amnesty, which applies to groups rather than individuals; commutation, which substitutes a lesser penalty for the original crime; remission, which cancels penalties while still being considered guilty; reprieve, which postpones punishment temporarily; and respite, which delays an ordered sentence or imposes a lesser sentence.

Failure to comply with early release terms may result in reincarceration. This highlights the importance of following through on any conditions that come with a pardon or clemency.

The Role of Expungement

Expungement is another process that destroys or seals a criminal conviction record, removing all traces of guilt or conviction. It’s like erasing the slate clean, giving individuals a fresh start without the stigma of their past.

The Future of Pardons: A Time for Reflection and Reform

Pardons play critical roles in society by offering relief to those who have paid their debt to society. They can be controversial but are essential tools for justice. As we move forward, it’s important to ensure that the process is fair, transparent, and serves the greater good.