Pardon

{{Short description|Forgiveness of a crime by the government}} {{other uses}} {{redirect2|Clemency|King's Pardon|other uses of "clemency"|Clemency (disambiguation)|the pardons issued by George I in 1717 and 1718|1717–1718 Acts of Grace}} {{Use dmy dates|date=January 2017}} {{Criminal defenses}} {{Criminal procedure (trial)}}

A '''pardon''' is a [[government]] decision to allow a person to be relieved of some or all of the legal consequences resulting from a [[criminal conviction]]. A pardon may be granted before or after conviction for the [[crime]], depending on the laws of the jurisdiction.<ref>{{cite news |title=President Trump Can Preemptively Pardon His Advisers And Family, But Will He? |url=https://www.forbes.com/sites/jacobfrenkel/2017/07/21/president-trump-can-preemptively-pardon-his-advisors-and-family-but-will-he/#31d34cb56c3b |date=July 21, 2017 |author=Jacob Frenkel |newspaper=Forbes}}</ref><ref>{{cite book |title=White House Studies Compendium |volume=6 |publisher=Nova Science Pub Inc |year=2007 |author=Glenn P. Hastedt |url=https://books.google.com/books?id=Eq39UQDzJIgC |page=328 |isbn=978-1-60021-680-0}}</ref>

Pardons can be viewed as a tool to overcome [[miscarriage of justice]], allowing a grant of freedom to someone who is believed to be wrongly convicted or subjected to an excessive penalty.<ref>{{cite journal |last1=Larkin |first1=Paul J. |title=Mistakes and Justice—Using the Pardon Power to Remedy a Mistake of Law |journal=Georgetown Journal of Law and Public Policy |date=2017 |volume=15 |page=651}}</ref><ref>{{cite journal |last1=Love |first1=Margaret Colegate |title=Of Pardons, Politics and Collar Buttons: Reflections on the President's Duty to Be Merciful |journal=Fordham Urban Law Journal |date=1999 |volume=27 |page=1483}}</ref> The second-best theory of pardons views pardons as second-best to [[Right to a fair trial|fair justice]].<ref name="v904">{{cite journal | title=Pardons and the Theory of the Second-Best | journal=65 Fla. L. Rev. 1559 | date=2013 | url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/uflr65&div=47&id=&page= | access-date=25 January 2025}}</ref> 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]] exists in a jurisdiction.

Pardons can also be a source of controversy, such as when granted in what appears to be a political favor.<ref>{{cite journal |last1=Alschuler |first1=Albert W. |title=Limiting the Pardon Power |journal=Arizona Law Review |date=2021 |volume=63 |page=545}}</ref> The [[arbitrariness]]<ref name="v904"/> and limited [[Accountability#Political accountability|political accountability]]<ref name="d353">{{cite journal | title= Presidential Pardons and Accountability in the Executive Branch | journal=35 Wayne L. Rev. 1113 | date=1988–1989 | volume=35 | page=1113 | url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/waynlr35&div=41&id=&page= | access-date=25 January 2025 | last1=Smith | first1=Christopher E. | last2=Johnson | first2=Scott P. }}</ref> of pardons have been criticized.

==By country==

===Australia=== {{See also|Royal prerogative of mercy#Australia}}

In Australia, the pardon power is referred to as the [[royal prerogative of mercy]],<ref>{{cite web |title=Royal Prerogative of Mercy and statutory referrals |url=https://www.ag.gov.au/Crime/FederalOffenders/Pages/Royalprerogativeofmercyandreferralofmatterstostateandterritorycourts.aspx |website=Attorney General's Department |publisher=Government of Australia |access-date=30 May 2019 |archive-url=https://web.archive.org/web/20190530192611/https://www.ag.gov.au/Crime/FederalOffenders/Pages/Royalprerogativeofmercyandreferralofmatterstostateandterritorycourts.aspx |archive-date=30 May 2019 |url-status=dead }}</ref> an executive power that is vested in the [[Monarchy of Australia|King]] and may be exercised by the [[Governor-General of Australia|governor-general]].<ref>{{cite web |title=Commonwealth of Australia Constitution Act, Sec. 61 |url=http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/coaca430/s61.html |website=Commonwealth Consolidated Acts |publisher=Australian Legal Information Institute |access-date=30 May 2019}}</ref> 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.<ref>{{cite web |title=Royal Prerogative of Mercy review |url=https://www.justice.nsw.gov.au/justicepolicy/Pages/lpclrd/lpclrd_consultation/royal-prerogative-mercy-review.aspx |website=Justice |publisher=New South Wales Government |access-date=30 May 2019}}</ref> Courts in Australia may also exercise their traditional power to exercise mercy when the circumstances of the defendant or offense warrant relief.<ref>{{cite web |title=Mercy |url=https://csd.njca.com.au/mercy/ |website=Commonwealth Sentencing Database |date=31 January 2013 |publisher=National Judicial College of Australia |access-date=30 May 2019}}</ref>

In addition to the prerogative of mercy, Australia has passed legislation that creates additional avenues to seek a pardon, exoneration, reduced sentence,<ref>{{cite web |title=Crimes Act of 1914 |url=https://www.legislation.gov.au/Details/C2018C00463 |website=Federal Register of Legislation |date=22 November 2018 |publisher=Australian Government |access-date=30 May 2019}}</ref> or conditional release.<ref>{{cite web |title=Release on Parole or Licence |url=https://csd.njca.com.au/parole_or_licence/ |website=Commonwealth Sentencing Database |date=31 January 2013 |publisher=National Judicial College of Australia}}</ref><ref>{{cite web |title=Crimes Act of 1914, Sec. 19AP. Release on licence |url=http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca191482/s19ap.html |website=Commonwealth Consolidated Acts |publisher=Australian Legal Information Institute |access-date=30 May 2019}}</ref>

===Canada=== {{See also|Royal prerogative of mercy#Canada}}

====Pardons==== The [[Parole Board of Canada]] (PBC) is the [[structure of the Canadian federal government|federal agency]] responsible for making pardon decisions under the ''[[Criminal Records Act]]'' (CRA). Under the CRA, the PBC can issue, grant, deny, and revoke pardons.

In 2012, the [[Parliament of Canada]] passed the ''[[Safe Streets and Communities Act]]'',<ref>{{Cite canlaw|short title =Safe Streets and Communities Act|abbr =S.C.|year =2012|chapter = 1|link=http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2012_1/}}</ref> which changed many elements of the criminal justice system. The Act replaced the term "pardon" with "record suspension",<ref>{{cite web|title=What is a Record Suspension?|url=https://www.canada.ca/en/parole-board/services/record-suspensions/what-is-a-record-suspension.html|website=Government of Canada|access-date=26 July 2017|date=6 July 2017}}</ref> and the pardon system was similarly changed.<ref>{{cite web|last1=Love|first1=Margaret|title=Canada stiffens policy on sealing of criminal records – but it still looks pretty liberal from here|url=http://ccresourcecenter.org/2014/11/23/canada-stiffens-policy-sealing-criminal-records-still-looks-pretty-liberal/|website=Collateral Consequences Resource Center|access-date=26 July 2017|date=23 November 2014}}</ref>

A pardon keeps the police record of a [[conviction]] separate and apart from other [[criminal record]]s, and gives law-abiding citizens an opportunity to reintegrate into Canadian society.

The [[Royal Canadian Mounted Police]] removes all information about the conviction for which an individual received the pardon from the [[Canadian Police Information Centre]] (CPIC). Federal agencies cannot give out information about the conviction without approval from the [[Minister of Public Safety|minister of public safety]].

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 [[government contract|contract]] 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 (document)|visa]] 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.<ref>{{cite web |url=http://pbc-clcc.gc.ca/infocntr/factsh/pardon-eng.shtml#_16 |title=Record Suspensions |publisher=Parole Board of Canada |access-date=30 June 2016 |archive-date=5 July 2016 |archive-url=https://web.archive.org/web/20160705195909/http://www.pbc-clcc.gc.ca/infocntr/factsh/pardon-eng.shtml#_16 |url-status=dead }} Retrieved on June 30, 2016</ref>

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]] of Canada, or if they were convicted of a crime in another country and were transferred to Canada under the ''[[Transfer of Offenders Act]]'' or ''[[International Transfer of Offenders Act]]''. 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]].

Individuals are considered to have completed all of their sentences if they have: * Paid all [[fine (penalty)|fine]]s, [[Fee|surcharges]], [[Costs (law)|costs]], [[restitution]] and [[Damages|compensation]] orders * Served all [[prison sentence|sentences of imprisonment]], [[Conditional sentence (Canada)|conditional sentences]], including parole or statutory release * Completed their [[probation]] order

Prior to 2012, following completion of all of their sentences, individuals must have completed a waiting period, as follows: * Three years for [[summary offence|summary]] convictions under the ''[[Criminal Code (Canada)|Criminal Code]]'' or other [[list of Acts of Parliament of Canada|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 offence|indictable]] 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 [[military discharge|dismissed from service]] * Ten years for [[indictable offence|indictable]] convictions for sexual crimes against children and criminals receiving more than two years of imprisonment time for "serious personal injury offence" such as [[manslaughter]] or other designated offence under section 752 of the Criminal Code.<ref>{{cite web|title=Limiting Pardons for Serious Crimes|url=http://www.publicsafety.gc.ca/media/nr/2010/nr20100630-1-eng.aspx|publisher=Public Safety Canada|access-date=26 July 2017|archive-url=https://web.archive.org/web/20130630003221/http://www.publicsafety.gc.ca/media/nr/2010/nr20100630-1-eng.aspx|archive-date=30 June 2013|date=11 July 2002}}</ref>

Effective 13 March 2012, the eligibility criteria and waiting periods changed: * Five years for [[summary offence|summary]] convictions under the ''[[Criminal Code (Canada)|Criminal Code]]'' or other [[list of Acts of Parliament of Canada|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 offence|indictable]] 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 [[military discharge|dismissed from service]] * "Not Eligible" for [[indictable offence|indictable]] 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.<ref>{{cite web|title= Criminal pardon application fee to drop from $658 to $50 in new year|date=21 December 2021|url=https://www.canada.ca/en/parole-board/services/record-suspensions.html|publisher=Government of Canada|access-date=26 July 2017}}</ref>

Applicants for a record suspension must be able to show that they have completed their sentences in full and provide proof of payment.<ref>{{cite web|title=Record Suspension Guide|url=https://www.canada.ca/en/parole-board/services/record-suspensions/official-pbc-application-guide-and-forms.html|website=Parole Board of Canada|access-date=18 June 2018|date=31 May 2018}}</ref>

Individuals can apply for a pardon by filling out the application forms available from the Parole Board and by paying a $50 pardon/record suspension application fee.<ref>{{Cite web |url=https://globalnews.ca/news/8466789/criminal-pardon-fee-canada/ |title=National Parole Board Welcome Page | Commission nationale des libérations conditionnelles Page d'accueil |work=globalnews.ca |access-date=23 May 2023 }}</ref>

====Clemency==== In Canada, clemency is granted by the [[governor general of Canada]] or the [[Governor in Council]] (the federal cabinet) under the [[royal prerogative of mercy]]. Applications are also made to the [[Parole Board of Canada|National Parole Board]], as in pardons, but clemency may involve the [[commutation (law)|commutation]] of a sentence, or the remission of all or part of the sentence, a [[respite (law)|respite]] from the sentence (for a [[medical condition]] or a [[relief]] from a prohibition, e.g., to allow someone to drive who has been prohibited from driving).

===Chile=== In [[Chile]], the institution of pardon ({{lang|es|indulto}}) is regulated in the [[Criminal Code]] (article 93, Nº 4º),<ref>{{cite web|url=http://www.leychile.cl/Navegar/?idNorma=1984&idVersion=2010-03-18|title=Código penal|author=Ministry of Justice of Chile|publisher=Library of the National Congress of Chile|date=1874-11-12|access-date=2010-03-18|language=es}}</ref> 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 of Chile|National Congress]], or particular, when it is granted by Supreme Decree of the [[President of Chile|president of the republic]]. In Chile's presidential regime, the president is the [[head of state]]; 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),<ref> {{cite web|url=http://www.leychile.cl/Navegar?idNorma=29477&idParte=&idVersion=2004-01-14|title=Ley N.º 18050 Fija normas generales para conceder indultos particulares|author=Ministry of Justice of Chile|publisher=Library of the National Congress of Chile|date=1981-11-06|access-date=2004-01-14|language=es}}</ref> and its Regulations (Decree No. 1542 of 1981 on particular pardons),<ref> {{cite web|url=http://www.leychile.cl/Navegar?idNorma=18047&idParte=&idVersion=1999-07-21|title=Decreto N.º 1542 Reglamento sobre indultos particulares|author=Ministry of Justice of Chile|publisher=Library of the National Congress of Chile|date=1981-11-06|access-date=2004-01-14|language=es}}</ref> which forbid particular pardons for those convicted of a crime of terrorism.<ref>{{cite book |title=Lecciones de Derecho Penal Chileno. Parte General|year=2004|publisher=Editorial Jurídica de Chile|location=Santiago|page=572|first1=Sergio|last1=Politoff L.|first2=Jean Pierre|last2=Matus|first3=María Cecilia|last3=Ramírez G.}}</ref>

===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 of the Chinese Communist Party|Chairman]] [[Mao Zedong]] and [[President of China|President]] [[Liu Shaoqi]] released the first-time pardon in 1959.<ref>{{Cite web|url=https://duihua.org/dialogue-issue-34-1959-special-pardon-encouraged-prisoners-to-reform/|title=Dialogue – Issue 34: 1959 Special Pardon Encouraged Prisoners to Reform|website=duihua.org|date=29 January 2009 |access-date=2022-03-22}}</ref>

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 23 September 2015, President [[Abdel Fattah el-Sisi]] issued a pardon freeing 100 activists, including [[Al Jazeera Arabic|Al Jazeera]] journalists [[Mohamed Fahmy (journalist)|Mohamed Fahmy]] and [[Baher Mohamed]].<ref name="aljazeera.com">{{cite news |title=Al Jazeera journalists freed from Egypt prison |url=https://www.aljazeera.com/news/2015/09/al-jazeera-journalists-pardoned-egypt-150923112113189.html |access-date=2019-10-09 |work=Al Jazeera |date=23 September 2015}}</ref>

===France=== Pardons and acts of clemency ({{lang|fr|droit de grâce}}) are granted by the [[president of France]], 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]] of the court that pronounced the verdict reports on the case, and the case goes to the [[Justice Minister of France|Ministry of Justice]]'s directorate of criminal affairs and pardons for further consideration.

If granted, the [[decree]] of pardon is signed by the president, the [[Prime Minister of France|prime minister]], the [[Minister of Justice (France)|minister of justice]], and possibly other ministers involved in the consideration of the case. It is not published in the ''[[Journal Officiel de la République Française|Journal Officiel]]''.

The decree may spare the applicant from serving the balance of their 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]] it suffered, and does not erase the condemnation from the [[criminal record]].

When the [[Capital punishment in France|death penalty]] 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]], on occasions, grants [[amnesty]]. This is a different concept and procedure from that described above, although the phrase "presidential amnesty" ({{lang|fr|amnistie présidentielle}}) is sometimes pejoratively applied to some acts of parliament traditionally voted upon after a presidential election, granting amnesty for minor crimes.

===Germany=== The right to grant pardon in [[Germany]] is divided between the [[Federal government of Germany|federal]] and the [[States of Germany|state]] level. Federal jurisdiction in matters of criminal law is mostly restricted to appeals against decisions of state courts. Only "political" crimes like [[treason]] or [[Terrorism in Germany|terrorism]] 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]], but the president 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]] terrorist [[Christian Klar]], who was serving six consecutive sentences of life imprisonment, filed a petition for pardon. President [[Horst Köhler]] ultimately denied his request. Following a court decision, Klar was released on parole in December 2008.<ref name="spiegel">{{Cite news |title=Vorzeitiges Haftende: Ex-RAF-Terrorist Christian Klar ist frei |language=de |work=Der Spiegel |url=https://www.spiegel.de/politik/deutschland/vorzeitiges-haftende-ex-raf-terrorist-christian-klar-ist-frei-a-597481.html |access-date=2021-01-05}}</ref>

For all other (and therefore the vast majority of) convicts, pardons are in the jurisdiction of the [[States of Germany|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]] can be granted only by federal law.

===Greece=== The [[Constitution of Greece]] grants the power of pardon to the [[President of Greece|president of the republic]] (Art. 47, § 1). The president can pardon, commute or remit punishment imposed by any court, on the proposal of the [[Ministry of Justice (Greece)|minister of justice]] and after receiving the opinion (not the consent necessarily) of the Pardon Committee.

===Hong Kong=== Prior to the [[handover of Hong Kong]] in 1997, the power of pardon was the [[royal prerogative of mercy]] of the [[British monarchs|monarch]] of the [[United Kingdom]]. This was used and cited the most often in cases of convicts who had been given the [[Capital punishment in Hong Kong|death penalty]]: 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]] now exercises the power to grant pardons and commute penalties under section 12 of article 48 [[Basic Law of Hong Kong]]. "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]] (Article 72), the [[president of India]] can grant a pardon or [[Commutation of sentence|reduce]] the sentence of a convicted person, particularly in cases involving [[Capital punishment in India|capital punishment]]. A similar and parallel power vests in the [[Governors of India|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, which 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:

{{blockquote|(1) The President shall have the power to grant pardons, reprieves, respites or remission of punishment or to suspend remit or commute the sentence of any persons convicted of any offence-

(a) in all cases where the punishment or sentence is by a court martial;

(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

(2) Nothing in sub- clause (a) of clause (1) shall alter the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.}}

Similarly, as per article 161, the 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. The president can grant a pardon to a person awarded death sentence; however, the governor of a state does not enjoy this power.

The question is whether this power to grant a pardon is absolute or this power of pardon shall be exercised by the president on the advice of the 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 the president or governors exercising mercy jurisdiction. Nonetheless, the SC in the Epuru Sudhakar case has given a small window for judicial review of the pardon powers of the 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, 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]] as held by the [[Supreme Court of India]] in the case of {{cite LIIofIndia|litigants=Maru Ram v. Union of India|link=Maru Ram v. Union of India|court=INSC|year=1980|num=213|parallelcite=1981 (1) SCC 107|courtname=[[Supreme Court of India|Supreme Court]]}}. It was subsequently confirmed by {{cite LIIofIndia|litigants=Kehar Singh v. Union of India|link=Maru Ram v Union of India|court=INSC|year=1988|num=370|parallelcite=1989(1) SCC 204|courtname=[[Supreme Court of India|Supreme Court]]}}. In the case of {{cite LIIofIndia|litigants=Epuru Sudhakar & Anr vs Govt. Of A.P. & Ors|link=Epuru Sudhakar v. Govt. Of A.P.|court=INSC|year=2006|num=638|courtname=[[Supreme Court of India|Supreme Court]]}}, it was held that "clemency is subject to [[judicial review]] 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]] [[Sushil Kumar Shinde]] in commuting the sentence of a convicted Congress activist.<ref name="Court Can Review Pardon: SC">{{cite news|title=Court Can Review Pardon: SC|url=http://articles.economictimes.indiatimes.com/2006-10-12/news/27458116_1_clemency-mohd-afzal-judicial-review|archive-url=https://archive.today/20130629122335/http://articles.economictimes.indiatimes.com/2006-10-12/news/27458116_1_clemency-mohd-afzal-judicial-review|url-status=dead|archive-date=29 June 2013|access-date=5 April 2013|newspaper=Economic Times|date=12 October 2006}}</ref>

===Iran=== In the [[Islamic Republic of Iran]], the [[Supreme Leader of Iran|Supreme Leader]] has the power to pardon and offer clemency under Article 110, § 1, §§ 11.

===Ireland===

==== Constitutional basis ==== The [[Constitution of Ireland|Irish constitution]] states (in Article 13.6) that {{blockquote|The right of pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction are hereby vested in the President, but such power of commutation or remission may also be conferred by law on other authorities.<ref>{{cite web |url=https://www.irishstatutebook.ie/eli/cons/en/html#article13 | title=Electronic Irish Statute Book (EISB) }}</ref>}}

The power of clemency is nominally exercised by the president. However, the [[president of Ireland]] must act "on the advice" of the [[Government of Ireland|Government]] (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. The 1993 Criminal Procedure Act<ref>{{cite web |url=https://www.irishstatutebook.ie/eli/1993/act/40/enacted/en/ | title=Electronic Irish Statute Book (EISB) }}</ref> 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, Home Affairs and Migration|minister for justice]] to seek or receive a pardon request from someone whose case is not a '[[miscarriage of justice]]', 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 (Ireland)|minister for defence]] 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.<ref>{{cite book |title=Murdoch's Dictionary of Irish Law |first=Henry |last=Murdoch |year=2000 |page=566 |publisher=Topaz Publications |edition=3rd |isbn=0-9514032-5-7}}</ref> * 1940 – Thomas Quinn, granted by [[Douglas Hyde]] * 1943 – Walter Brady, granted by Douglas Hyde * 1992 – [[Nicky Kelly]], granted by [[Mary Robinson]] * 1999 – William Geary, granted by [[Mary McAleese]] * 2018 – [[Maolra Seoighe]], granted by [[Michael D. Higgins]]<ref>{{Cite web|url=https://www.nytimes.com/2018/04/06/world/europe/irish-hanged-pardon.html|title=Hanged After a Trial He Couldn't Understand, and Pardoned 136 Years Later|last=Fortin|first=Jacey|date=6 April 2018|work=[[The New York Times]]|access-date=17 December 2021}}</ref> * 2021 – John Twiss, granted by Michael D. Higgins<ref>{{Cite web|url=https://www.bbc.com/news/world-europe-59690459|title=John Twiss: Presidential pardon issued for 1895 Cork murder|date=16 December 2021|publisher=[[BBC News]]|access-date=17 December 2021}}</ref>

===Israel=== In [[Israel]] the [[President of Israel|president]] 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 pardon is given following a recommendation by the [[Justice Minister of Israel|minister of justice]].

After the [[Kav 300 affair]], President [[Chaim Herzog]] issued a pardon to four members of the [[Shin Bet]] prior to them being [[Indictment|indicted]]. This unusual act was the first of its kind in Israel.

===Italy=== In [[Italy]], the [[President of the Italian Republic|president of the republic]] may "grant pardons, or commute punishments" according to article 87 of the [[Italian Constitution]]. Like other acts of the president, the pardon requires the countersignature of the competent government minister. The [[Constitutional Court of Italy]] has ruled that the [[Italian Minister of Justice|minister of justice]] is obliged to sign acts of pardon.<ref>{{cite web |title=Giudizio per Conflitto di Attribuzione Tra Poteri Dello Stato |trans-title=Judgement for Conflict of Attribution Between the Power of the State |language=it |url=http://www.cortecostituzionale.it/actionSchedaPronuncia.do?anno=2006&numero=200 |work=[[Constitutional Court of Italy]] |date=May 24, 2006 |access-date=July 22, 2017}}</ref>

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 three years from sentences, was approved in 2006.

===Morocco=== In [[Morocco]], the [[King of Morocco|king]] has the right to grant pardons pursuant to Article 58 of the [[Constitution of Morocco]] and [[Moroccan Dahir|Dahir]] (royal decree) No. 1-57-387 of 6 February 1958. Requests for pardon are required to go through an examination process by a commission comprising the [[Ministry of Justice (Morocco)|minister of justice]] and representatives of the [[Supreme Court of Morocco|supreme court]] prior to approval by the king.<ref name="1dahir">{{cite web |title=Dahir n° 1-57-387 du 16 rejeb 1377 (6 février 1958) relatif aux grâces. |url=http://bdj.mmsp.gov.ma/doc/viewArticle.asp?CID=56&ArtID=1387 |url-status=dead |archive-url=https://web.archive.org/web/20090903233147/http://bdj.mmsp.gov.ma/doc/viewArticle.asp?CID=56&ArtID=1387 |archive-date=3 September 2009 |access-date=21 November 2013}}</ref>

The right to pardon was traditionally recognized as a common practice among the sultans of the [[Alawi dynasty]], and were only codified into the constitution by [[Hassan II of Morocco|Hassan II]] ({{reign|1961|1999}}). This prerogative is currently used several times per year by the monarch during [[Public holidays in Morocco|public holidays]].<ref>{{Cite web |date=2023-08-19 |title=Revolution of the King and the People: Royal Pardon for 653 Convicts |url=https://www.mapnews.ma/en/activites-royales/revolution-king-and-people-royal-pardon-653-convicts |access-date=2024-08-11 |website=[[Maghreb Arabe Presse]]}}</ref><ref>{{Cite web |date=2024-04-09 |title=Eid Al Fitr: Royal Pardon for 2,097 People |url=https://www.mapnews.ma/en/activites-royales/eid-al-fitr-royal-pardon-2097-people |access-date=2024-08-11 |website=[[Maghreb Arabe Presse]]}}</ref>

On one occasion, a pardon which was granted by [[Mohammed VI of Morocco|Mohammed VI]] to [[Daniel Galván scandal|Daniel Galván]], a Spanish convicted child rapist, was revoked following public outrage.<ref>{{Cite news |date=2013-08-06 |title=Spanish paedophile Daniel Galvan Vina remanded in custody |url=https://www.bbc.com/news/world-europe-23590933 |access-date=2024-08-11 |work=BBC News |language=en-GB}}</ref>

===Poland=== In [[Poland]], the [[President of the Republic of Poland|president]] is granted the right of pardon by Article 139 of the [[Constitution of the Republic of Poland]].<ref>{{Cite web |title=The Constitution of the Republic of Poland |url=https://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm |access-date=2023-10-24 |website=www.sejm.gov.pl}}</ref> Whether the president may grant relief prior to (final) conviction remains controversial, as the [[Supreme Court (Poland)|Supreme Court]] and the [[Constitutional Tribunal (Poland)|Constitutional Tribunal]] have opposing views.<ref>{{Cite web |title=Wyrok SN z 6 czerwca 2023, II KK 96/23 |url=http://www.sn.pl/sites/orzecznictwo/OrzeczeniaHTML/ii%20kk%2096-23.docx.html |access-date=2023-12-18 |website=Supreme Court (Poland) |language=pl}}</ref><ref>{{Cite web |title=Postanowienie TK z 2 czerwca 2023, Kpt 1/17 |url=https://trybunal.gov.pl/postepowanie-i-orzeczenia/postanowienia/art/12296-spor-kompetencyjny-miedzy-prezydentem-rp-a-sadem-najwyzszym |access-date=2023-12-18|website=Constitutional Tribunal (Poland) |language=pl}}</ref>

By president:<ref>{{Cite web |title=Pięć lat prezydentury Andrzeja Dudy |work=Oficjalna strona Prezydenta Rzeczypospolitej Polskiej |url=https://www.prezydent.pl/aktualnosci/wydarzenia/piec-lat-prezydentury-andrzeja-dudy,1792}}</ref>

* [[Wojciech Jaruzelski]] ** Approved — 607 ** Declined — 119 * [[Lech Wałęsa]] ** Approved — 3,454 ** Declined — 444 * [[Aleksander Kwaśniewski]] ** Approved (both terms) — 4,302 ** Declined (both terms) — 2,639 * [[Lech Kaczyński]] ** Approved — 201 ** Declined — 913 * [[Bronisław Komorowski]] ** Approved — 360 ** Declined — 1,544 * [[Andrzej Duda]] (prior to 16 April 2025) ** Approved (both terms) — 143 ** Declined (both terms) — 936

===Portugal=== In Portugal, the heads of state – [[List of Portuguese monarchs|kings]] or [[President of Portugal|presidents]] – 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 [[Constitution of Portugal|Portuguese Constitution]],<ref>Article 134.º, paragraph f of the [[Constitution of Portugal]]</ref> the [[President of Portugal|president of the Portuguese Republic]] has the power to pardon and commute sentences, on the proposal of the [[Government of Portugal|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 [[Ministry of Justice (Portugal)|minister of justice]]. Requests or proposals for pardons are instructed by the Criminal Execution Court by referral from the [[Ministry of Justice (Portugal)|Ministry of Justice]] 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, president [[Marcelo Rebelo de Sousa]] granted two pardons.<ref>[https://www.dn.pt/poder/presidente-da-republica-concede-dois-indultos-por-razoes-humanitarias-11642068.html "Presidente da República concede dois indultos 'por razões humanitárias{{'}}"], 24 February 2020</ref>{{full citation needed|date=December 2020}}

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 [[Assembly of the Republic (Portugal)|Portuguese Parliament]] to approve generic amnesties and pardons.<ref>Article 161.º, paragraph f) of the [[Constitution of Portugal]]</ref>

===Russia=== The [[president of the Russian Federation]] is granted the right of pardon by Article 89 of the [[Constitution of the Russian Federation]]. The chain of pardon committees manage lists of people eligible for pardon and directs them to the president for signing. While President [[Boris Yeltsin]] frequently used his power of pardon (1998 – 7,000 to 8,000 cases), his successor [[Vladimir Putin]] is much more hesitant; he granted five pardons in 2014 and two in 2015.<ref>[https://meduza.io/feature/2016/05/31/ne-miloserdie-a-politicheskaya-igra Не милосердие, а политическая игра: Владимир Путин ежегодно отпускает из тюрем всего пару человек. Почему?] Meduza.io, 2016.05.31.</ref> In 2021, Vladimir Putin officially pardoned six convicted offenders.<ref name=":0">{{Cite web |title=Presidential Pardon |url=http://www.en.kremlin.ru/structure/president/authority/mercy# |website=President of Russia}}</ref>

A pardon can be requested at any time, although a one-year waiting period is required between requests.<ref name="ukaz">[http://base.garant.ru/12125251/ 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»].</ref> This right is granted to citizens of the Russian Federation by Article 50 of the constitution.<ref name=":0" />

The Regulation on the Procedure for Considering Requests for Pardon in the Russian Federation, which was approved by Executive Order No.787, states that a pardon may be granted to the following individuals:<ref name=":0" />

# Individuals convicted by Russian courts and serving their sentences on Russian territory. # Individuals convicted by foreign courts and serving their sentences in Russian territory (in accordance with international treaties). # Individuals released on parole. # Probationers and individuals serving suspended sentences by Russian courts. # Individuals who have served their sentences but maintain official convictions on record.

As of 2023, Russia had pardoned over 5,000 convicts after they completed contracts with [[Wagner Group]], a mercenary group, to fight in [[Russia's invasion of Ukraine]]. [[Yevgeny Prigozhin]], the group's founder, offered thousands of inmates clemency in exchange for fighting in the most dangerous theaters of the war.<ref>{{Cite web |date=2023-03-25 |title=Russia pardons over 5,000 convicts after fighting in Ukraine with Wagner Group |url=https://www.france24.com/en/russia/20230325-russia-pardons-over-5-000-convicts-after-fighting-in-ukraine-with-wagner-group |access-date=2024-05-15 |website=France 24 |language=en}}</ref> The program is no longer in effect as of 2024.<ref>{{Cite web |title=Putin has reportedly stopped pardoning prisoner recruits, and Russia's criminals-in-arms will now serve until the war ends |url=https://meduza.io/en/feature/2024/01/26/putin-has-reportedly-stopped-pardoning-prisoner-recruits-and-russia-s-criminals-in-arms-will-now-serve-until-the-war-ends |access-date=2024-05-15 |website=Meduza |language=en}}</ref>

===Rwanda=== The prerogative of mercy is a form of pardon that can be exercised by the [[president of Rwanda]]. The prerogative is one of the powers of the president defined by the [[Constitution of Rwanda]], which came into effect in 2003 following a [[2003 Rwandan constitutional referendum|national referendum]].<ref>[https://2001-2009.state.gov/g/drl/rls/irf/2003/23746.htm Rwanda] ''U.S. Department of State'' (accessed 2008-10-20)</ref> 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 of Rwanda|Supreme Court]] on the matter."<ref>[http://www.cjcr.gov.rw/eng/constitution_eng.doc Constitution of Rwanda] {{webarchive|url=https://web.archive.org/web/20090325021301/http://www.cjcr.gov.rw/eng/constitution_eng.doc |date=2009-03-25 }} Article 111. ''Legal and Constitutional Commission of Rwanda'' (accessed 2008-10-20)</ref>

===South Africa=== Under section 84(2)(j) of the [[Constitution of South Africa]], 1996 (Act 108 of 1996), the [[president 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 {{lang|es|derecho de gracia}} ("right of grace") or {{lang|es|indulto}} ("pardon") is acknowledged by the [[Spanish Constitution of 1978]] 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 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 [[Ministry of Justice (Spain)|minister of justice]], 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 [[Boletín Oficial del Estado]] ("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]], under the [[Sri Lankan Constitution]] the [[President of Sri Lanka|president]] 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]], pardons may be granted by the [[Swiss Federal Assembly]] for crimes prosecuted by the [[Federal administration of Switzerland|federal authorities]]. For crimes under [[Cantons of Switzerland|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 [[misdemeanor]]s and minor infractions.

===Turkey=== The [[president of Turkey]] is granted the right of pardon under certain circumstances defined in the [[Constitution of Turkey|constitution]], 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 their 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 (Turkey)|Ministry of Justice]] presents the situation to the president, and the president can choose to grant a pardon.

Additionally, the [[Grand National Assembly of Turkey|parliament of Turkey]] has the power to announce general amnesty.

===United Kingdom=== {{Main|Royal prerogative of mercy}} The power to grant pardons and reprieves in the [[United Kingdom]] 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]] 1660 was a general pardon for everyone who had committed crimes during the [[English Civil War]] and [[Interregnum (England)|Interregnum]] with some exceptions for [[regicide]]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 punishment in the United Kingdom|Capital sentences]] imposed by the [[assizes]] were generally executed when the assize was concluded and as the [[Circuit judge (England and Wales)|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]], [[York]], [[Durham, England|Durham]], [[Edinburgh]], or [[Dublin]], 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.<ref>In a 1655 case during the Commonwealth, a Roundhead judge rode from Cornwall to London and returned with Lord Protector [[Cromwell]]'s pardon for the Royalist rebel William Wake whom he had himself sentenced to death; Wake had taken a beating for him when they were schoolboys together at [[Westminster School]] twenty years before. ''Budgell'', ''Spectator'' No. 313. Thursday, February 28, 1712.</ref>

Conditional pardons were granted to many in the 18th century, in return for [[Penal transportation|transportation to British colonies overseas]] for life in lieu, especially to the [[Australia|Australian colonies]].

The first known ''general pardon'' in [[England in the High Middle Ages|post-Conquest England]] was issued during the celebrations at the [[coronation]] of [[Edward III of England|King Edward III]] in 1327. In 2006, all [[British Armed Forces]] soldiers who were [[executed]] for [[cowardice]] during the [[First World War]] were given a statutory pardon by an Act of Parliament (the [[Armed Forces Act 2006]]), following a long-running controversy about the justice of their executions.<ref>{{cite news |url=https://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/08/16/npardon16.xml |archive-url=https://web.archive.org/web/20061221040620/http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/08/16/npardon16.xml |url-status=dead |archive-date=21 December 2006 |title=Pardoned: the 306 soldiers shot at dawn for 'cowardice' |work=The Daily Telegraph |first=Ben |last=Fenton |date=16 August 2006}}</ref>

Today the sovereign only grants pardons upon the advice of their ministers: currently they are the [[Lord Chancellor]], for [[England and Wales]]; the [[First Minister of Scotland]]; or the [[Secretary of State for Northern Ireland]]. The [[Secretary of State for Defence]] 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 royal prerogative of mercy is now rarely used, given that the [[Criminal Cases Review Commission]] and the [[Scottish Criminal Cases Review Commission]] are now avenues to statutory remedies against miscarriages of justice.{{citation needed|date=August 2019}}

Therefore, the grant of pardons is now very rare occurrence indeed, and the vast majority of [[:Category:Overturned convictions in the United Kingdom|acknowledged miscarriages of justice]] were decided upon by the courts. During the [[Birmingham Six]] case, Home Secretary [[Douglas Hurd]] stressed that he could only make the decision for a pardon if he was "convinced of [their] innocence", which at the time he was not.<ref>{{cite web|url=https://api.parliament.uk/historic-hansard/commons/1987/jan/20/bombing-court-cases|work=[[Hansard|Parliamentary Debates (Hansard)]]|date=20 January 1987|title=Bombing (Court Cases)}}</ref>

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]].<ref>{{cite news |url=https://news.bbc.co.uk/2/hi/uk_news/7671946.stm |title=How a Home Secretary was hoodwinked |first=Chris |last=Summers |work=BBC News |date=19 November 2008}}</ref> 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.<ref>{{cite web |url=http://www.newstatesman.com/200502140015 |title=This man is one of Britain's most dangerous drug lords. Why did Michael Howard let him out of jail after ten months? |first=Nick |last=Cohen |date=14 February 2005 |work=New Statesman}}</ref> 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]], [[William Whitelaw, 1st Viscount Whitelaw|William Whitelaw]], 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.<ref>{{cite news |url=https://www.theguardian.com/world/2003/jun/24/law.theguardian |title=It never feels a triumph |first=Bob |last=Woffinden |date=24 June 2003 |work=The Guardian}}</ref><ref>{{cite news |url=https://www.theguardian.com/uk/2003/aug/01/ukcrime |title=Dead men finally cleared of murder |first=Bob |last=Woffinden |work=The Guardian |date=1 August 2003}}</ref>

Under the [[Act of Settlement 1701]], a pardon cannot prevent a person from being [[Impeachment in the United Kingdom|impeached]] by Parliament, but a pardon may commute any penalties imposed for the conviction. In [[England and Wales]] no person may be pardoned for an offence under Section 11 of the [[Habeas Corpus Act 1679]] (unlawfully transporting prisoners out of England and Wales).<ref>{{cite web|title=Habeas Corpus Act 1679, Section XI|url=http://www.legislation.gov.uk/aep/Cha2/31/2/section/XI|website=legislation.gov.uk|publisher=The National Archives|access-date=23 May 2017}}</ref>

===United States=== [[File:Clemency Certificate.jpg|thumb|A 1966 U.S. Clemency Certificate]] ==== Federal government ==== {{main|Federal pardons in the United States}} {{see also|List of people pardoned or granted clemency by the president of the United States}}

In the [[United States]], the pardon power for offenses against the United States is granted to the [[president of the United States]] under [[Article Two of the United States Constitution#Clause 1: Command of military; Opinions of cabinet secretaries; Pardons|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 [[Supreme Court of the United States|U.S. Supreme Court]] 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, [[Commutation of sentence|commutations of sentence]], conditional commutations of sentence, remissions of fines, forfeitures and other criminal financial penalties, [[Respite (law)|respites]] and reprieves, and [[Amnesty|amnesties]].<ref>{{cite journal | first=P. S. Jr. |last=Ruckman |year=1997 |title=Executive Clemency in the United States: Origins, Development, and Analysis (1900–1993) |volume=27 |journal=Presidential Studies Quarterly |issue=2 |pages=251–271 |jstor=27551729 }}</ref>

The pardon power of the president applies only to convictions under [[United States federal law|federal law]].<ref name="usdojpardon">{{cite web |url=https://www.justice.gov/pardon/pardon-information-and-instructions |title=Pardon Information and Instructions |work=Office of the Pardon Attorney (USDOJ) |access-date=2014-05-20 |archive-date=6 February 2019 |archive-url=https://web.archive.org/web/20190206065942/https://www.justice.gov/pardon/pardon-information-and-instructions |url-status=dead }}</ref> Additionally, the power extends to military [[court-martial]] cases as well as convictions in the [[Superior Court of the District of Columbia]].<ref name="usdojpardon" />

Almost all pardon petitions are addressed to the president, who grants or denies the request. In some cases, the president will, of their own accord, issue a pardon.<ref>{{cite news|url=https://www.washingtonpost.com/politics/trump-issues-pardon-to-scooter-libby-former-chief-of-staff-to-vice-president-cheney/2018/04/13/dfa4039a-3f2d-11e8-8d53-eba0ed2371cc_story.html|title=Trump issues pardon to 'Scooter' Libby, former chief of staff to Vice President Cheney|newspaper=[[The Washington Post]]|date=April 13, 2018}}</ref> Since the 19th century, applications for pardons have been referred for review and non-binding recommendation by the [[Office of the Pardon Attorney]], an official of the [[United States Department of Justice]].<ref>{{Cite web |date=2017-08-26 |title=A look at the president's pardon power and how it works |url=https://www.pbs.org/newshour/politics/presidents-pardon-power-works |access-date=2025-06-30 |website=PBS News |language=en-us}}</ref><ref>{{Cite web |date=2025-06-29 |title=The rise of federal clemency and second chances in the U.S. justice syst |url=https://www.jpost.com/consumerism/article-859333 |access-date=2025-06-30 |website=[[The Jerusalem Post]] |language=en |issn=0792-822X }}</ref>

====State law==== The [[Governor (United States)|governors]] of most [[U.S. state]]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]], as in the [[Oklahoma Pardon and Parole Board]]).<ref>{{cite web|title=State Clemency Guide|url=https://www.cjpf.org/clemency/clemencystates.html|website=Criminal Justice Policy Foundation|access-date=5 October 2017|archive-url=https://web.archive.org/web/20110928105949/http://www.cjpf.org/clemency/clemencystates.html|archive-date=28 September 2011|url-status=dead}}</ref>

Nine states in the United States have [[Parole board|boards of pardons and paroles]] that exclusively grant all state pardons. These states are: [[Alabama]] (Board of Pardons and Paroles), [[Connecticut]] (Board of Pardons and Paroles), [[Georgia (U.S. state)|Georgia]] ([[Georgia State Board of Pardons and Paroles|Board of Pardons and Paroles]]), [[Idaho]] (Commission of Pardons and Paroles), [[Minnesota]] ([[Minnesota Board of Pardons|Board of Pardons]]), [[Nebraska]] (Board of Pardons), [[Nevada]] (Board of Pardon Commissioners), [[South Carolina]] ([[South Carolina Department of Probation, Parole, and Pardon Services|Board of Probation, Parole and Pardon]]), and [[Utah]] ([[Utah Board of Pardons and Parole]]).

On at least four occasions, state governors{{snd}}[[Toney Anaya]] of [[Governor of New Mexico|New Mexico]] in 1986,<ref>{{cite news|title=Anaya Takes 5 Off Death Row|url=https://www.latimes.com/archives/la-xpm-1986-11-26-mn-15680-story.html|access-date=16 July 2013|newspaper=Los Angeles Times|date=26 November 1986}}</ref> [[George Ryan]] of [[Governor of Illinois|Illinois]] in 2003,<ref>{{cite web|last=Marsh|first=Jason|title=A Change of Heart|url=http://greatergood.berkeley.edu/article/item/change_of_heart|work=Greater Good|publisher=Berkeley University|access-date=16 July 2013}}</ref> [[Martin O'Malley]] of [[Governor of Maryland|Maryland]] in 2014,<ref>{{cite news|title=O'Malley commutes Maryland's last four death sentences |url=http://www.cnn.com/2014/12/31/politics/omalley-commutes-marylands-last-four-death-sentences/|access-date=16 July 2013|publisher=CNN|date=31 December 2014}}</ref> and [[Kate Brown]] of [[Governor of Oregon|Oregon]] in 2022<ref>{{cite news|last=Selsky|first=Andrew|date=14 December 2022|title=Oregon governor commutes all 17 of state's death sentences |url=https://apnews.com/article/crime-prisons-oregon-kate-brown-salem-eca820b1dcd2b51f0ad623f13f9e0387|publisher=Associated Press|access-date=15 December 2022}}</ref>{{snd}}have commuted all death sentences in their respective states prior to leaving office.

==Related concepts==

These terms differ subtly from country to country, but generally:<ref>{{Cite journal|last=Ruckman|first=P. S.|date=2013|title=Federal Executive Clemency in the Administration of Barack Obama (2009–2013): A Pardon Power Report|journal=SSRN Working Paper Series|doi=10.2139/ssrn.2234261|issn=1556-5068}}</ref> * '''Clemency''' is a general concept of amelioration of penalties, especially by action of executive officials; the forms it may take include the following: ** '''[[Amnesty]]''': A pardon applied to a group of people rather than an individual. President [[Jimmy Carter]] offered amnesty to anyone who had [[Draft evasion#Vietnam War|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 (law)|Commutation]]''': 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 the United States as remission of [[Remand (court procedure)|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 [[Reprieve (death sentence)|sentenced to death]]).<ref>{{cite book |last1=Black |first1=Henry Campbell |title=Black's law dictionary : definitions of the terms and phrases of American and English jurisprudence, ancient and modern |date=1990 |publisher=West Pub. Co |location=St. Paul, Minn. |isbn=978-0314762719 |page=1302 |edition=6th}}</ref> ** '''[[Respite (law)|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. * '''[[Parole]]''' is the provisional early release of a prisoner who agrees to abide by imposed behavioral conditions, generally including periodic check-ins with [[parole officer]]s. Failure to comply with the terms of early release may result in reincarcertion. * '''[[Expungement]]''': 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]]''': A [[prosecutor]] may grant immunity, usually to a [[witness]], 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. Some criminals who testify for the prosecution may be offered immunity from prosecution for their own crimes.<ref name=falcon>"[http://www.cnn.com/2013/02/16/justice/witness-protection-program Inside the witness protection program]", Gabriel Falcon, CNN, February 16, 2013.</ref>

==See also== {{Portal|Law}} * {{annotated link|[[Acts of grace (piracy)]]}} * {{anl|Blackstone's ratio}} * {{annotated link|Deferred prosecution}} * {{anl|Error of impunity}} * ''{{annotated link|[[Ius strictum]]}}'' * {{annotated link|Might makes right}}

==References== {{reflist|30em}}

==External links== {{Wiktionary|pardon#English}} * [https://www.ictj.org/our-work/transitional-justice-issues/criminal-justice International Center for Transitional Justice, Criminal Justice page]

[[Category:Pardon| ]] [[Category:Legal terminology]] [[Category:Pardons]] [[Category:Penology]]