Strasbourg, 23 February/février 2024 CDL-PI(2024)002

Or. Engl./Fr.

EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW

(VENICE COMMISSION)

COMPARATIVE TABLE OF

CONSTITUTIONAL AND LEGISLATIVE PROVISIONS

RELATING TO THE AMNESTY

IN VENICE COMMISSION MEMBER STATES

TABLEAU COMPARATIF DES

DISPOSITIONS CONSTITUTIONNELLES ET LEGISLATIVES

RELATIVES A L’AMNISTIE

DANS LES ETATS MEMBRES DE LA COMMISSION DE VENISE

www.venice.coe.int
CDL-PI(2024)002 -3- Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Neither the
Constitution nor the
laws legislated by the The Co-Heads of State (Andorra has to Head of States on a basis of pro-indiviso (the Bishop of Urgell (a small town by te spanish side of the border, but not under Spanish jurisdiction, only the Vatican) and the President
Andorra Parliament (Consell of the French Republic have as a free decision (not controlled by the Government nor the Parliament) the "dret de gracia", which is exactly the equivalent of a "Presidential Pardon"); however, it has never been used under
General) contain the constitutional regime (the Constitution has been approved in 1993).
articles related to
Amnesty.
Armenia The Constitution of the Under the law on amnesty, an Legislation mandating an The process for a draft law on amnesty involves closed debates Amnesty cannot be applied to persons who have committed a -
Republic of Armenia individual accused of a criminal act of amnesty shall be by the relevant standing committee, subsequent discussion in certain crime, such as Genocide, Crimes Against Humanity,
(Art. 117)/ The offence may be exempted from passed by the legislative regular sittings of the National Assembly following the standing War Crimes, etc.
Constitutional Law of criminal liability, and a convicted body. The Government committee's conclusion period, potential voting with
the Republic of person may be fully or partially holds the right to initiate a government-approved corrections, and final adoption requiring
Armenia Rules of released from both primary and draft law on amnesty. a majority vote of all Deputies.
Procedure of the additional punishments.
National Assembly /
the Criminal Code of
the Republic of
Armenia.
Austria Art. 93 of the Federal Amnesty: While the Federal The federal legislator has Since general amnesties for acts punishable by the courts are Both, a Federal Presidential pardon and a general amnesty,
Constitutional Law Presidential pardon can only be the competence to grant extended by federal law (Art. 93 B-VG) only the federal can only be applied to criminal offences that fall under the
applied to individual cases, the (general) amnesty through legislator is competent to enact amnesty laws – even jurisdiction of ordinary courts and that are to be pursued ex
amnesty concerns any form of a federal law concerning criminal offences that arise from a provincial law. officio. There are special competences of the Federal President
leniency in punishment. It is linked (upon the proposal of the Federal Government or the particular
to abstract substantive criteria, such authorised Federal Minister) to grant pardon regarding
as the offence, the imposed penalty, penalties imposed by the Federal Finance Court or the
or the rest of the penalty that is still Administrative Court (S. 187 Tax Penal Code) as well as
unexecuted. regarding disciplinary penalties imposed under the Military
Art. 65 of the Federal Presidential pardon; to pardon The authority to grant Only the Federal President upon the proposal of the Federal Disciplinary Law (S. 10). The abusive failure to
Constitutional Law persons sentenced without further pardons is vested in the Government or the particular authorised Federal Minister is submit a proposal for
resources of appeal, to mitigate and Federal President. entitled to grant pardon. However, the Federal President is not pardon is objectively
commute sentences pronounced by obligated to execute the pardon proposals submitted to him. unlawful and could
the courts, as an act of grace to be relevant in terms
annul sentences and to grant of governmental
remission from their legal liability
consequences, and moreover to
quash criminal proceedings in
actions subject to prosecution ex
officio. If the Federal President has
exercised his right of pardon, the
person affected obtains an
enforceable legal entitlement, since
this President's resolution
constitutes a legal-forming binding
decision.
CDL-PI(2024)002 -4- Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Azerbaijan Art. 95 of the By amnesty act, persons who have The National Assembly The Commissioner may submit motions to the Milli Mejlis of the
Constitution committed crimes, can be released (Milli Majlis) of the Republic Republic of Azerbaijanwith regard to the adoption or review of
from a criminal liability. The of Azerbaijan declares laws with a view to ensuring human rights and freedoms.The
persons, condemned for amnesty. Commissioner may submit a motion to the Milli Mejlis of the
commitment of crimes can be Republic of Azerbaijan with regard to declaring amnesty.
released from punishment, or term
of the punishmentappointed on
them can be reduced or deserved
part of punishment can be replaced
with mitigate kind ofpunishment, or
such persons can be released from
additional punishment. From the
persons who have beenreleased
from punishment by amnesty act
previous conviction can be
removed.
Belgique Pas de disposition Lois spécifiques adoptées Historiquement, amnisties liées à quatre types d’évènements: (Seulement recours
constitutionnelle, mais par les parlements (fédéral la révolution, la guerre, la grève et l’évasion fiscale. à la Cour
le législateur (fédéral ou des entités fédérées) La doctrine considère que les amnisties doivent être conformes constitutionnelle
ou des entités selon leurs compétences. aux exigences du droit international (p. ex. exclues pour contre la loi)
fédérées) peut prendre violations graves des droits de l'homme).
les mesures que la
Constitution n'interdit
pas.
Bosnia and The General Amnesty provides individuals The Parliamentary The Decree on Amnesty Implementation as provided by this Amnesty does not apply for charges of war crimes or genocide.
Herzegovina Framework Agreement covered by it with relief from criminal Assembly of Bosnia and Law is to be made by the Competent Public Prosecutor within 3
for Peace/ Criminal prosecution, full or partial exemption Herzegovina, the days after this Law enters into force.
Code from punishment execution, Parliament of the
substitution of a harsher punishment Federation, or Cantonal
- National Amnesty with a milder one, deletion of the Assembly may grant
Law(1996) conviction, or annulment of legal amnesty.
- Federal Amnesty consequences associated with the
Law(1996) conviction.
(Amnesty Law by the
Bosnian Croat
authorities)

Brazil Law n. 6.683, 28th Amnesty is granted to all those who, The judge shall designate a hearing which, in the presence of Exceptions to the benefits of amnesty include those convicted
August, 1979 in the period between September 2, the Prosecutor’s Office, shall be held within 10 (ten) days of the of terrorism, assault, kidnapping, and personal attacks.
1961 and August 15, 1979, petitioner's submission and shall, once the investigation has
committed political or related been concluded,within a maximum of 5 (five) days, define a
crimes, electoral crimes, those who sentence.
had their political rights suspended,
and civil servants of the Direct and
Indirect Administration, of
foundations linked to the
government, civil servants of the
Legislative and Judicial Powers, the
Military and union leaders and
representatives, punished based on
Institutional and Complementary
Acts (vetoed).

Bulgaria Amnesty is regulated Amnesty cancels the criminal nature The legislature has a wide No exclusion by prescription shall be applied to criminal
at constitutional level of a certain kind of acts or exempts margin of discretion as to prosecution and execution of punishment with respect to:
(Art. 84.13) and in the perpetrators of certain crimes from the scope of an amnesty. crimes against peace and humanity
Criminal code. penal responsibility and from the
consequences of conviction.
CDL-PI(2024)002 -5- Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Canada Constitutional Amnesties on firearms enabling to Section 748 of the Criminal The orders are made by the executive branch (the Limiting pardons for serious crimes, such as offences involving
Convention put the situation in order. Code gives the Governor in government), are contemplated and authorised by the a child
The Criminal Code Council (i.e. cabinet) the legislative branch (Parliament) and the orders are thus statutory
power to exercise the in nature.
prerogative.

Chili Constitution : L'amnistie efface le délit Amnistie et grâce générale : L'amnistie et la grâce générale ne peuvent émaner que du En application de l'article 5.2 de la Constitution, les crimes qui
Article 63.16 Cst. (empêchant la poursuite ou effaçant loi Sénat et nécessitent la majorité absolue des députés et ne sont pas amnistiés conformément aux traités internationaux
Amnistie et grâce la condamnation). Grâce : Président de la sénateurs en exercice (2/3 pour les crimes terroristes). sur les droits de l'homme ratifiés par le Chili ne peuvent pas
générale République être amnistiés.
Article 32.14 : Grâce La grâce efface la peine.
individuelle

Code pénal :
Article 93 N°3:
Amnistie
Article 93 N° 4: Grâce
individuelle et grâce
générale
Costa Rica Art. 121.21 of the Amnesty extinguishes the criminal The Legislative Assembly Legislators, individually or in group may move and call upon the The Constitution establishes general amnesties for political Amnesty and
Constitution, prosecution as well as the penalty has exclusive powers to other members of the Legislative Assembly to grant general crimes. The amnesty cannot be conceded for electoral pardons handed
Art. 89, 96, 100 of the imposed. grant general amnesties. amnesties or pardons. Civil society actors, as well as individual offences. down by the
Criminal Code persons have the possibility to request parliamentary members Amnesty Laws cannot should act accordingly to the corpus iuris Legislative and the
for amnesty acts of parliament or laws. Bills of law may be of the Inter-American Court that holds amnesty and pardons to Executive branches
presented to the Legislative Assembly in the form of a popular be unconventional in cases of crimes against humanity. of Government are
initiative. discretionary acts of
government. As
such these are out of
the reach and
jurisdiction of the
Courts. In the case
of the Government
Council (competent
for pardon), these
147 of the Constitution, Pardon terminates criminal The Government Council Individual requests for pardons may also be presented to the are deemed political
Art. 96, 100 of the prosecution or the criminal penalty has powers to issue specific Government Council. The Supreme Court of Justice must be acts of government
Criminal Code imposed. and concrete pardons to an heard before the Council’s final decision . If the Supreme Court not susceptible of
individual or groups of issues a favorable opinion the Council’s decision is taken by a legal discussion
individuals. simple majority vote. If the Supreme Court’s opinion is before the Courts.
unfavourable, the voting requirement is increased to a qualified The only exception to
majority vote of 2/3 of present votes. this rule may involve
due process, where
judicial review may
declare procedural
breaches while
petitions were being
substantiated.
CDL-PI(2024)002 -6- Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Croatia the Constitution of the Amnesty; Law on General Pardon The Croatian Parliament Perpetrators of the most serious violations of humanitarian law
Republic of Croatia, of 1996 revoking the Law on grants amnesty for criminal characterized as war crimes are excluded from amnesty for
Article 81/12 Amnesty for Criminal Prosecution offences. these criminal offenses.
and Proceedings for Criminal
Offenses Committed in Armed
Conflicts and in the War Against the
Republic of Croatia (1992) and the
Law on Amnesty for Perpetrators of
Criminal Offenses from Temporarily
Occupied Areas of Vukovar-Srijem
and Osijek-Baranja Counties
(1996). The Law on General Pardon
grants amnesty from criminal
prosecution and proceedings for
perpetrators of offenses committed
in aggression, armed rebellion, or
armed conflicts, as well as those
related to aggression, armed
rebellion, or armed conflicts in the
Republic of Croatia for acts
committed between August 17,
1990, and August 23, 1996.
committed in aggression, armed
rebellion, or armed conflicts, as well
as those related to aggression,
armed rebellion, or armed conflicts
in the Republic of Croatia for acts
committed between August 17,
1990, and August 23, 1996.
Article 98/4 Pardon; an "act of grace by the The President of the While the President can be assisted by advisory bodies whose A pardon can only be granted for criminal offenses, not
head of state by which, in an Republic of Croatia has the members he appoints and dismisses himself, the final decision misdemeanours, and it can also be granted for acts prescribed
individual case, the execution of a right to pardon. was always within the president's authority. by criminal laws that have been repealed.
sentence or other criminal-law
measures is completely or partially
suspended, or the imposed sanction
is replaced with another."
Cyprus The Constitution to remit, suspend, or commute any the President is empowered The authority of the President is exercised based on the Individuals convicted and serving sentences for serious
Article 53.4 sentence imposed by a court in the to remit, suspend, or unanimous recommendation of the Attorney-General and the offenses such as murder, attempted murder, homicide, drug
Republic. commute any sentence Deputy Attorney-General. trafficking, and sexual offenses are explicitly ineligible for a
imposed by a court in the pardon.
Republic.
Czechia Articles 62(g) and 63(j) Options for individual pardon and for The president is competent President, prime-minister/minister of justice No limits foreseen by the legal regulation for either individual Not available (see
of the Constitution – amnesty: to decide alone on pardon or amnesty Decision of the
for individual pardon a) Issuing order that criminal individual pardon (options b Constitutional Court
Article 63(k) – for proceedings not be initiated and c). The president needs Pl.ÚS 4/13 of March
and, if initiated, not continued
amnesty (abolition)
the co-signature by the 5, 2013 U 2/68 SbNU
b) pardoning or mitigating the prime minister or the 485)
punishments imposed by the competent member of the
court (agraciation) government in case of
c) erasing the convictions individual pardon (option a)
(rehabilitation) and amnesty in all the three
forms
CDL-PI(2024)002 -7- Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Denmark regulated in Section 24 The King shall have the As mercy and amnesty are acts of state, they require the
of the Constitution prerogative of mercy and of consent of the relevant Minister, cf. Article 13 of the
granting amnesty. (Whilst Constitution.
here is no legislation on
amnesty, it is occasionally
used in “technical” contexts,
e.g. in connection with the
introduction of legislation
criminalising possession of
certain weapons.)
Estonia The Constitution criminal proceedings are not (The Constitution) The
(1992) only refers to commenced where an amnesty President has the authority
pardon instrument precludes the imposition to pardon prisoners.
of a sanction, including a (The leading Commentary
circumstance precluding or to the Estonian Constitution)
restricting the extradition of a person The Constitution enables
to a foreign State. the parliament to declare
amnesty under the open-
ended authority to deal with
’other matters of State life’.
Finland the Constitution general amnesty General amnesty is No Act on a general amnesty has been enacted so far. The
(entitled 'Presidential provided only by an Act of Supreme Court of Finland is regularly asked for an opinion on
pardon') Parliament. the applications to be considered by the President of the
Republic.
full or partial pardon In individual cases, the Imposed by a court of law; addressed to the President of the
President of the Republic Republic and submitted to the Ministry of Justice
may, after obtaining a
statement from the
Supreme Court, grant full or
partial pardon from a
penalty or other criminal
sanction imposed by a court
of law.There does not exist
legislation laying down more
detailed provisions on
pardon in individual cases.

France La Constitution (art. L'amnistie est décidée de manière Amnistie : loi (Parlement) Guerre d'indépendance de l'Algérie Crises politiques résultant,
34) prévoit la générale et inconditionnelle. Grâce : Président de la dans des collectivités d’outre-mer, de revendications
compétence du L'amnistie a un effet juridique : elle République séparatistes (Nouvelle-Calédonie, Guadeloupe)
législateur efface les condamnations qui ont Evénements d'ordre politique ou social en relation avec la
été prononcées avant l’amnistie ou détermination du statut de la Corse (1982)
fait obstacle à une condamnation Crise sociale de mai 1968, débordements sociaux (1972)I
pour l’avenir. La grâce est une nfractions financières (ponctuel, notamment financement des
mesure judiciaire individuelle ayant partis)
trait à l’exécution d’une peine et L'amnistie peut viser des sanctions disciplinaires ou
relevant de la compétence du professionnelles
Président de la République Certaines lois d'amnistie (pas toutes) ont exclu les crimes les
plus graves
Conseil constitutionnel: le législateur doit se prononcer en
fonction de critères objectifs; les victimes conservent droit à
réparation du préjudice
CDL-PI(2024)002 -8- Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Germany Art. 60 para. 2 of the The start of criminal proceedings Competence of the Federal Level: Legislature; President; Level of the Länder:
Basic Law can be prohibited, and the execution Parliament to legislate on Legislature, Minister Presidents
(competence of the of sentences for those already amnesties based on Art. 74
President of the convicted can be annulled. I No. 1 Basic Law;
Republic for Competence of the
amnesties); several President based on Art. 60
amnesty laws were para 2 Basic Law;
adopted concerning Constitutions of the Länder:
specific circumstances amnesty laws on the level of
(e.g.1954 Impunity Act; the Länder (of little practical
Impunity Act 1970; significance due to
Temporary amnesty concurrent legislative
for illegal possession powers with the federal
of weapons (§ 58 XIII government) and amnesties
WaffG) (2017)) by the Minister Presidents
of the Länder
Greece Article 47 of the Greek Amnesty; Amnesty may be granted Amnesty may be granted Only for political crimes.
Constitution only for political crimes, by statute only by way of an act of
passed by the Plenum of the Parliament, i.e. a statute,
Chamber of Deputies with a majority voted at least by 180 MPs
of three fifths of the total number of out of a total number of 300.
its members.
Parallel procedure: "lifting of the
criminal character"

Paragraph 1 of Article Pardon; to commute or reduce the President of the Pardons may be granted by the President of the Republic only
47 of the Greek sentences pronounced by the Republic has the right to pursuant a non-binding opinion of a 7 members council (the
Constitution courts and revoke all consequences grant pardons. Council of Pardons), which operates at the Ministry of Justice,
at law of sentences pronounced and is presided by the Secretary General of that Ministry (i.e. a
served, while paragraph 2 of the Government appointee) and whose majority is composed by
same Article stipulates that carrier judges.
Ministers convicted for crimes
committed in the performance of
their duties may be pardoned only
with the consent of the Chamber of
Deputies.
Hungary the Fundamental Law General Amnesty The Parliament exercise National referenda may not be held on amnesty.
of Hungary / Act XC of general amnesty.
2017 on the Code of
Criminal Procedure
Personal Pardon (adgartiatio) The President of the A petition for pardon may be filed by a defendant, defence No.
Republic shall exercise the counsel, statutory representative of a defendant, or a relative of
right to grant presidential a defendant.
pardons. The Prosecutor General or Minister responsible for justice shall
examine the plea for pardon or the pardon initiative.
A request for a pardon for the termination of criminal proceedings
may be submitted to the President of the Republic by the
Prosecutor General before the indictment, and by the Minister
responsible for Justice after the indictment. [section 860,
subsection (3) of the Code of Criminal Procedure]

The President of the Republic shall send the decision on the

pardon to the Minister responsible for Justice, for
countersignature. (section 861 of the Code of Criminal
Procedure)
CDL-PI(2024)002 -9- Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Iceland The Constitution (Art. pardon and amnesty The President grants the Minister of Justice shall appoint a three-member committee, Amnesty may not be granted in cases of criminal offences,
29) pardon and amnesty. For the pardons committee, with three alternates. such as those resulting in deprivation of certain rights. It is not
most classes of criminal permitted to request amnesty after having served a prison
convictions the power to sentence or paid a fine.
remit, commute, or reduce,
a punishment imposed by a
court has been delegated
by statute to the Minister for
Justice.
Ireland The Constitution (Art. Pardon for a criminal conviction, The power to pardon in A very small number of formal pardons by the President have A convicted
13.6: the right to remission of a criminal punishment, respect of a conviction is taken place on the advice of the Government to remedy individual can
pardon and the power amnesty for a criminal offence vested in the President. For situations. request the Minister
to commute or remit most classes of criminal for Justice to advise
punishment) convictions the power to the President for a
remit, commute, or reduce, pardon if they claim
a punishment imposed by a that a new or newly
court has been delegated discovered fact
by statute to the Minister for indicates a
Justice’. There are no miscarriage of
formal provisions for justice. If granted, the
amnesty except in the pardoned person
context of tax offences. may be eligible for
compensation.
Israel The Constitution The President has the
(Basic Law: The power to pardon criminals
President of the and to lighten sentences by
State§11(c)) reducing or commuting
them.
Italy The Constitution (Art. Amnistia – a collective act of This power is in the hand of Amnesty and pardon (commutation) may be granted by a law
79) forgiveness applied to entire the Parliament. Amnesty which has received a two thirds majority in both Houses of
Art. 151 of the criminal categories of offences, with legal must be accepted by a Parliament, on each section and on the final vote.
code consequences completely wiped out majority of 2/3 of the
The Constitution (Art. Indulto – pardon or commutation – members of each Chamber.
79) is a more limited act of clemency,
Art. 174 of the criminal reducing or remitting (part of) the
code punishment for a specific group of
offences
the Constitution (Art. Grazia - an individual act of the power is granted to the
79) clemency, addressed to a specific President of the Republic.
Art. 681 of the criminal individual
procedural code
Korea, Articles 79 and 89 of 1) general amnesty; those who The President, with the The Prosecutor General can request special amnesty or a If the principal of a case submits a restoration of rights None
Republic of the Constitution have committed crimes => consent of the National reduction of punishment for a specific person either on their petition, it must go through the public prosecutor's office
address matters Invalidation of a sentence, and Assembly for a general own initiative or based on a report from the public prosecutor or overseeing the punishment execution.
related to amnesty. forfeiture of the right of prosecution amnesty, may grant the head of a correctional institution. Requests for special For individuals sentenced in military courts, the Minister of
Amnesty Act provides 2) special amnesty; those who amnesty, reduction of amnesty and reduction of punishment are evaluated by the National Defense assumes the responsibilities outlined in
for matters concerning have been sentenced => Exemption punishment, and restoration Amnesty Commission, established under the Minister of Amnesty Act.
amnesty, reduction of of execution of a punishment of rights as specified by Justice, to determine their validity.
punishment, and 3) reduction of punishment; those Amnesty Act. The State
restoration of rights. who have been sentenced => Council will also be
Change in the punishment consulted for deliberation.
4) restoration of rights =>
Recovery of qualifications forfeited
or suspended caused by the effects
of a sentence
CDL-PI(2024)002 - 10 - Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Kosovo Article 65 (1 and 15) of All perpetrators of offences listed in Law on amnesty: The Kosovo Correctional Service has the obligation to inform in Not applied to acts against international actors and international Against a decision for
the Constitution of the Article 3 of Law on Amnesty shall be Parliament a written form the court of first instance that has sentenced the security forces in Kosovo, acts that constitute serious violations amnesty an appeal
Republic of Kosovo, granted a complete exemption from The competent prosecutor convicted persons, who are serving a punishment of of international humanitarian law, criminal offence that resulted may be initiated in
2013 Law on Amnesty criminal prosecution or from the shall render a decision to imprisonment covered by an amnesty. in grievous bodily injury or death. the Court of Appeals
execution of punishment for such grant amnesty from criminal within seven (7) days
offences. prosecution in accordance from the day the
with the Law on Amnesty. decision was
rendered.
Kyrgyzstan The Constitution Persons who have committed Not applied to defendants and those convicted of some types of
The Criminal Code of crimes may be exempted from crimes, such as torture, rape committed against a child, an act
the Kyrgyz Republic criminal liability by an amnesty act. of terrorism.
(2021) Persons convicted of committing
The Penal crimes may be released from
Enforcement Code of punishment, or the punishment
the Kyrgyz imposed on them may be reduced
Republic(2021) Law of or replaced by a milder type of
the Kyrgyz Republic punishment, or such persons may
"About the basics of be released from an additional type
Amnesty and the of punishment.
procedure for its
application"(2017)
Latvia Article 45 of the Amnesty The Parliament makes The institutes of clemency and amnesty have been strictly Minors(under the age of 18), pregnant women, those caring for
Constitution decisions on amnesty assigned to two constitutional organs – the President of the underage children, and those over the age of 55 (women), over
politically. State and the Parliament respectively. the age of 60 (men), unintentional crimes, person with
disabilities(groups I and II) / there was a list of exceptions

Clemency: reduction of a sentence The President of the State

imposed by a court or to release a makes clemency decisions
person from serving the sentence or “humanely” or in a socially
to expunge a person’s criminal responsible fashion.
record

Liechtenstein Art. 12 of the Pardon: A mitigation or remission of The Reigning Prince shall Only upon the request of Parliament shall the Reigning Prince Petitions to such
Constitution a penalty that is incurred have the right of pardon, of exercise his right of pardon or mitigation in favour of a Minister effect(a mitigation or
mitigating or commuting sentenced on account of his official acts. remission of a
legally adjudicated penalty) shall be
sentences, and of quashing forwarded by the
initiated investigations. Court of Justice to
the Court of Appeal,
enclosing the files
and an opinion from
the court; the Court
of Appeal may reject
the petition
immediately if it
considers it to be
unjustified but shall
otherwise submit it to
the Prince with its
own opinion.
CDL-PI(2024)002 - 11 - Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Lithuania The Constitution (Art. A person who commits a criminal The power to declare Acts of amnesty define in detail the categories of persons,
67(19)), act may be released from serving amnesty is an exclusive crimes and punishments with regard to which amnesty is
Criminal Code Art. 78 the entire length of the sentence or prerogative of the applicable, the exceptions to amnesty (the categories of
a part thereof by an amnesty act Parliament (Seimas). persons, crimes and punishments excluded from amnesty), the
passed by the Seimas. The grounds for, conditions procedure of amnesty, including the activities of special
of and procedure for amnesty commissions.
granting amnesty shall be
laid down in the act of
amnesty.
Malta The Constitution The Presidential Pardon: to pardon The President of the The President exercises the prerogative of mercy acts on the
or forgive a crime or contravention, Republic in Malta qua Head advice of the Cabinet on the basis of a consultation with the
or to reduce jail or other sentences. of State has the power to Minister of Justice.
pardon, although this is
rarely exercised.
Maroc Art. 71 de la L'amnistie annule le crime et tous Parlement Une amnistie générale a été officiellement promulguée suite au
Constitution : l'amnistie ses effets dont les jugements, les discours du chef de l'Etat du 8 juillet dernier 1994 et aux
relève du domaine de peines et toutes les dispositions y travaux du "Conseil consultatif des droits de l'homme": 424
la loi, votée par le afférentes. détenus politiques ont quitté les prisons officielles et le droit à la
Parlement (art. 70) : libre circulation est officiellement reconnu à tous les exilés
voir l'art. 51 du code politiques. Ill s’agit d’une « grâce » collective s à l’initiative du
pénal. chef de l’Etat avec effacement des infractions et des sanctions,
dans une sorte de « grâce amnistiante ». Des amnisties
fiscales ont eu lieu en 2014, 2020 et 2023.
Mexico Constitution, Article Grant amnesty to individuals Parliament (organic law) Various civil organizations established the Amnesty Amnesty incudes six restrictive scenarios for five federal
73.XXII "against whom a) criminal actions Observatory with the purpose of monitoring and influencing the offences: a) abortion; b) homicide based on kinship; c) simple
Law on Amnesty of have been taken, even if they are optimal and efficient implementation of the law at both the non-violent robbery; d) specific drug-related crimes and e)
2020 fugitives, b) have been prosecuted, federal and local levels. sedition. Additionally, it is established for any criminal offence,
or c) have received a final judgment, for individuals belonging to indigenous communities who,
before federal courts, provided that during their legal process, did not have full access to the
they are not repeat offenders jurisdiction of the State, due to the lack of interpreters or
regarding the crime for which they defenders knowledgeable about their language and culture.
are indicted or sentenced"
Moldova, Art. 66 and 72 of the Amnesty; having the effect of The Parliament is vested The institutions and bodies that ensure the execution of the The amnesty does not apply in the case of the commission of
Republic of Constitution, removing criminal liability or with the basic power to respective category of punishment examine the applicability of crimes provided for in Article 166/1 para. (2)–(4) (i.e. torture,
The Criminal Code punishment, or reducing or adopt acts on amnesty. the act of amnesty to each convict and, as the case may be, inhuman or degrading treatment), as well as to the persons who
(adopted in 2002) commuting the imposed with the consent of the convicted person, submit an action to have committed crimes against minors provided for in Art. 171-
punishment. the competent court. The personal file of the convict, the 175/1, 201, 206, 208, 208/1 and 208/2 of the Criminal Code.
evidence of the factual and legal grounds invoked are attached
to the application. The convicted person has the right to
personally submit an application to the court to examine the
possibility of applying the amnesty act. In this case, the
institutions or bodies that ensure the execution of the respective
category of punishment submit the personal file of the convicted
person to the court.
Monaco Constitution: Le Prince Après consultation du Conseil de la Couronne, le Prince exerce
le Prince exerce le le droit de grâce et d’amnistie
droit de grâce et
d’amnistie

Maroc Art. 71 de la L'amnistie annule le crime et tous Parlement Une amnistie générale a été officiellement promulguée suite au
Constitution : l'amnistie ses effets dont les jugements, les discours du chef de l'Etat du 8 juillet dernier 1994 et aux
relève du domaine de peines et toutes les dispositions y travaux du "Conseil consultatif des droits de l'homme": 424
la loi, votée par le afférentes. détenus politiques ont quitté les prisons officielles et le droit à la
Parlement (art. 70) : libre circulation est officiellement reconnu à tous les exilés
voir l'art. 51 du code politiques. Ill s’agit d’une « grâce » collective s à l’initiative du
pénal. chef de l’Etat avec effacement des infractions et des sanctions,
dans une sorte de « grâce amnistiante ». Des amnisties
fiscales ont eu lieu en 2014, 2020 et 2023.
CDL-PI(2024)002 - 12 - Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
The Article 122 Pardons; a reduction or revocation Pardons shall be granted by The recommendation of a court designated by Act of
Netherlands Netherlands of the sentence of one or more Royal Decree Parliament and with due regard to regulations to be laid down
Constitution convicted person(s). The criminal by or pursuant to Act of Parliament.
nature of the act committed remains
Amnesty; nullifies the criminality of Amnesty shall be granted
the act by or pursuant to Act of
Parliament.
North The Art. 68 para. 1 The amnesty concerns any form of The Assembly has the The amnesty is proclaimed by law adopted by the Parliament. There is no limitation in the Constitution on the amnesty of any The initiative for
Macedonia point 18 of the leniency in punishment. It is linked to power to proclaim In practice such laws are proposed by the MPs or the offence. In the different laws on amnesty that were adopted, application of the law
Constitution regulates abstract substantive criteria, such as amnesties. Government (Ministry of Justice). When the law is adopted, the there is a different approach: some laws exclude some offences on amnesty in
the competence of the the offence, the imposed penalty, or procedure for its implementation in individual cases might involve from the scope of the law, other laws enumerate offences that individual case can
Assembly to adopt the rest of the penalty that is still public prosecution, courts or penitentiary institutions. are covered by the law on amnesty. be submitted by the
laws on amnesty unexecuted. It can lead to exemption person that is
from prosecution, suspension of prosecuted for a
criminal proceedings and reduction crime, or the
or complete exemption from serving procedure can be
a prison sentence, deletion of the started ex officio by
conviction, annulment of legal the court, the public
consequences associated with the prosecutor or the
conviction, or exemption from paying penitentiary
a monetary fine. institution. The
individual who
demanded the
application of the law
on amnesty and the
public prosecutor
have the right to
appeal to the higher
court.
Norway Article 20 of the Not a power to grant amnesty in the The King shall have the The right to pardon is administered like a welfare right by Usual grounds for pardon are health problems and unusually
Constitution provides a sense that the conviction is right in the Council of State application to either the National Correctional Service or to the challenging family obligations.
right to pardon for the considered null and void, but only to pardon criminals after Police, which then send the application to the Ministry of Justice
executive. that the convicted is relieved from sentence has been passed. for consideration.
There are no recent serving the (remainder of the)
amnesty laws. sentence.
CDL-PI(2024)002 - 13 - Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Poland The Constitution of the Amnesty; the forgiveness of the Amnesty is defined as a Entities participating in the procedure of granting amnesty are Amnesty applies either to a specified category of individuals Subject to general
Republic of Poland pronounced penalty and the one-time act of sovereign the ones involved in the legislative process in accordance with identified based on general criteria or by abolishing the criminal rules of the Polish
does not contain abstention from initiating or the power of the Parliament the Polish Constitution. Legislative initiative belongs to members liability for a particular group of offences, encompassing Criminal Proceedings
general provisions dismissal of ongoing criminal expressed in the form of a of parliament, the Senate, the President, the Council of Ministers imprisonment penalties, occasionally fines. Code and
regarding amnesty. proceedings. law. and a group of at least 100,000 citizens entitled to vote for the Penitentiary Code.
Amnesty may be Sejm. Work on the draft law proceeds in the Polish parliament,
implemented by way of In the Polish practice so far, and the project must be voted on in both chambers (the Sejm
parliamentary law (act). amnesty has typically encompassed and the Senat). Earlier, the draft law is analysed in parliamentary
Amnesty has a imprisonment penalties, and senate committees, and at this stage, experts are also
collective character occasionally fines. Amnesty relates invited to answer questions from members of parliament. The
which is meant to be to an already pronounced penalty approved draft law is sent to the President, who may sign the
abstract and general. and specifies which of the law, veto it, or refer it to the Constitutional Court to examine its
Amnesty is a one-time pronounced legally binding compliance with the Constitution.
act directed towards a sentences for designated offenses Implementation of the amnesty law is entrusted with
specified category of stated in the amnesty act are wholly penitentiary courts.
individuals identified or partially forgiven. Thus, amnesty
based on general concerns the legally binding
criteria in the amnesty convicting judgment.
act, abolishing the
criminal liability for a
particular group of
offenses.
The last amnesty law
in Poland was adopted
in 1989 and although it
is still in force, this law
does not have
currently any practical
application. No new
amnesty law was
adopted under the
current Polish
Constitution of 1997.
Portugal The Constitution (Art. Criminal responsibility is The Assembly of the While the interpretation and elimination of doubts in the Excluding the crimes of homicide and harm to physical integrity
161), extinguished by amnesty, generic Republic grants amnesties application of the law are under the responsibility of the courts,
Penal Code pardon and pardon. and generic pardons. Parliament has broad discretion in the interpretation and
Amnesty is formalised and reading of the barometer of political and social time.
implemented under the form
of a Law of Parliament.
Romania The Constitution (Art. The punishment of criminal relapse amnesty may be regulated The application of amnesty, when it intervenes after the
73.3.i) will not take into consideration through organic law; the moment in which the judgment became final, is realised by the
former crimes that fall under legislative initiative belongs judge delegated with enforcement. The judge issues the
amnesty. to the Government, the judgment with the participation of the prosecutor and prosecutor
Amnesty removes criminal deputies, the senators or to may contest the judgment.
responsibility for the committed a minimum of 100.000
crime. citizens of Romania with the
If amnesty intervenes after the right to vote.
condemnation, it removes the
enforcement of the punishment as
well as the other consequences of
the condemnation.
San Marino Paragraph 1 of Art. 53 Amnesty has effect on all criminal The Great and General The amnesty shall be applied by the Judge "at any stage and The exclusion of amnesty is established as a result of the
of the Criminal Code offences to which the punishment Council may grant amnesty. instance of the proceedings". declaration of habitual, professional offenders or criminals by
envisaged by law and expressly tendency.
indicated in the legal measure
adopted by the Great and General
Council applies.
CDL-PI(2024)002 - 14 - Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Serbia The Constitution (Art. Amnesty: persons under amnesty The National Assembly The National Assembly adopts decisions by majority vote of Not applicable to persons who have been legally convicted: - to
97.2, 99.12) shall be released from prosecution shall grant amnesty for deputies at the session at which majority of deputies are a prison sentence of 30 to 40 years; - for crimes against
and granted full or partial remittance criminal offences. present. By means of majority vote of all deputies the National humanity and other goods protected by international law,
of punishment, the pronounced Assembly shall, among other things, grant amnesty for criminal crimes against sexual freedom.
penalty replaced by a lighter offences.
penalty, rehabilitation granted or
particular or all legal consequences
of conviction revoked
Pardons: pardon shall release a The President of the A passed sentence may be fully or partially forgiven without a
specifically named person from Republic shall grant court decision, by general pardon or amnesty.
criminal prosecution and grant full or pardons.
partial remittance of punishment,
replace the pronounced penalty by
a lighter penalty or suspended
sentence, grant rehabilitation, order
shorter duration of legal
consequences of conviction or
repeal particular or all legal
consequences of conviction
Slovakia The Constitution individual pardons or amnesties; Amnesties for crimes are The Parliament has the power to annul amnesties issued in Under the case-law of the Constitutional Court of the Slovak
(Article 102.1.j) remitting and commuting sentences granted by the President of breach of rule of law principles by way of a resolution requiring Republic, the President must respect the principles of
imposed by the criminal courts and the Republic. a three-fifths absolute majority and subsequent review by the democracy and rule of law when exercising the power to issue
expunge convictions Constitutional Court. amnesties and grant pardons (see decision no. PL. ÚS 7/2017,
available
Under the case-law of the Constitutional Court of the Slovak at https://codices.coe.int/codices/documents/precis/4E662ED7-
Republic, the President must respect the principles of 47CC-46F7-3083-08DC225DC81B
democracy and rule of law when exercising the power to issue
amnesties and grant pardons (see decision no. PL. ÚS 7/2017,
available
at https://codices.coe.int/codices/documents/precis/4E662ED7-
47CC-46F7-3083-08DC225DC81B
Slovenia The Constitution of the (Pardon) The criminal prosecution President of the Republic is In the decision-making process, the President of the Republic The President of the Republic can also grant pardons for
Republic of Slovenia may be dismissed, the execution of the one who - as specified must be aware of the opinions concerning the concrete request crimes defined in the criminal codes of other countries, if the
(Article 107), the a validly executed sentence may be in the Pardons Act for pardon of the competent court of first instance, the perpetrator of the crime is a citizen of Slovenia and if it is
Pardons Act, official waived in full or in part, or the (Article 1)- sovereignty and prosecutor's office and the Ministry of Justice, as well as other stipulated in an international treaty. He cannot pardon a convict
consolidated text from sentence may be limited or changed independently decides on required opinions. The President of the Republic is also who is serving a sentence in Slovenia in accordance with the
2005, Criminal Code to a suspended sentence, or the requests for pardons. assisted by a three-member commission of distinguished legal judgment of the International Criminal Court (ICC).
(CC-1) and Guidelines conviction may be deleted from the experts.
on the work of courts records, or the duration of other
in connection with the legal consequences of conviction
pardon procedure might be shortened or deleted.
Spain Article 62 of the 1) pardons (“indultos”) have an While the power to grant Pardons (“indultos”) are granted by the Cabinet based on -
Constitution (the individual character pardons is formally vested the Minister of Justice's proposal, involving an advisory opinion
King's Power); “to 2) Amnesties (“amnistías”) erase(d) in the King, the actual from the sentencing court.
exercise the right to the sanction totally or partially power to grant pardons is Amnesties (“amnistías”) historically require parliamentary
grant pardons in assigned to the political approval through a specific law, especially in criminal matters,
accordance with the branches of government. which must be treated as an Organic Law and necessitates an
law, which may not absolute majority vote in the Congress of Deputies due to its
authorise general impact on fundamental rights and the application of the Criminal
pardons” Code.
There is no specific
regulation on amnesty
in Spain.
CDL-PI(2024)002 - 15 - Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
Sweden Chapter 12 Art. 9 of Pardon: to remit or reduce a penal The Government may
the Instrument of sanction or other legal effect of a exercise the power to grant
Government criminal act, and remit or reduce pardon.
(Regeringsformen, RF) any other similar intervention by a
public authority concerning the
person or property of an individual.

Switzerland Art. 173 Federal Amnesty covers both the waiving of General amnesties are It can be initiated by a parliamentary initiative, a cantonal
Constitution prosecution for certain offences or decided separately by the initiative, a motion, or a petition. If a petition is linked to a
categories of offenders and the two chambers of parliament parliamentary motion adopted by the relevant chamber, it is
remission of the corresponding (National Council, Council submitted to the government (Federal Council) for its opinion.
penalties. of the States). The petition undergoes debates in the relevant chamber and is
then passed to the other chamber for discussion. Amnesty is
Individual pardons are only granted if both chambers of the Federal Assembly reach
granted by the United an agreement.
Federal Assembly
Tunisie Article 75 de la L'amnistie efface l'infraction ainsi Amnistie : loi ordinaire
Constitution : amnistie que la condamnation. (Parlement)
Article 99 : grâce La grâce consiste dans la remise de Grâce : Président de la
la peine, dans la réduction de sa République
durée, ou dans le fait de lui
substituer une peine plus faible
prévue par la loi.

Türkiye The Constitution (in (amnesty) The imposed The Grand National The President of the Republic shall commute or remit the No amnesties or pardons specifically for offences against
particular Art. 87) punishments are abated together Assembly of Türkiye has sentences imposed on persons, on grounds of chronic illness, forests shall be granted.
with all consequences. the duties and powers to disability or old age.
(pardon) the convict may be decide with the majority of
released from penitentiary where he three-fifths of it to proclaim
is sentenced to imprisonment or the amnesty and pardon.
period of imprisonment may be
shortened or the imprisonment may
be transformed to punitive fine.
Ukraine The Constitution (Art. A sentenced person may be fully or The power to declare Persons found guilty of committing high treason, sabotage,
92.3), partially discharged from his/her amnesty is a prerogative of corruption criminal offences, criminal offences related to
the Criminal Code of primary or additional punishment the Parliament (Verkhovna corruption, violation of traffic safety rules or operation of
Ukraine under the law of Ukraine on Rada of Ukraine). transport by persons who drove under the influence of alcohol,
amnesty or an act of pardon. The President of Ukraine drugs or other intoxicants or were under the influence of
shall grant pardons. medicines that affect concentration, judgment of conviction in
The discharge of a respect of which have not entered into force may be released
convicted person from from serving a sentence after they have actually served the
punishment or from further terms prescribed by part 3 of Article 81 of Criminal Code of
serving of punishment on Ukraine.
the grounds of the law of
Ukraine on amnesty or an
act of pardon may only be
exercised by court in cases
prescribed by Criminal
Code of Ukraine.
United Constitutional Pardons(free/conditional/remission) The Lord Chancellor and Secretary of State for Justice (in succession to the Home Secretary)
Kingdom Convention, is responsible, in England and Wales (and the Channel Islands), for recommending to His
Policing and Crime Act Majesty the King the exercise of the prerogative of mercy to grant a Royal Pardon. In
2017 Northern Ireland the responsibility lies with the Secretary of State for Northern Ireland for
Special bill pending for reserved matters and the Justice Minister for Northern Ireland for devolved matters, and in
Northern Ireland Scotland it is devolved to the First Minister.
("troubles")
CDL-PI(2024)002 - 16 - Opinion Nos. 1167/2023 and 1168/2023

Legal basis
(constitution, sub- Effects:
Competence
Country constitutional level, - on sentences Stakeholders involved Types of offences/exclusions Right of appeal
(*executive/legislature.)
constitutional - on pending proceedings
custom...)
United States The Constitution Not only a full, individual pardon and The President’s authority to No other body involved.The remedy of impeachment would be The pardon power embraces all “offences against the United
of America (Article II, Section 2, time-limited reprieve but also grant clemency, sufficient to counter abuse of the pardon power. States”, i.e., a federal crime, except cases of impeachment.
Clause 1) amnesty for groups of offenders, encompassing not only The pardon power does not extend to crimes under state law,
commutation of a criminal sentence, pardons of individuals but nor is it applicable to civil actions.
and remission of fines or penalties several other forms of relief
from criminal punishment as
well.