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Pardon and Amnesty process

Table of Contents

Introduction

  • In rare instances after a conviction, a convicted person may have their offence/s pardoned, either individually or as part of an amnesty in which many people are pardoned at the same time.
  • Once pardoned or subject to an amnesty, the convicted person is to be exempt from any remaining punishment and should be released immediately.
  • As the legal consequences of accepting a pardon or participating in an amnesty varies according to the specific context, it is best to consult with a lawyer.
    • The lawyer should inform his or her client on a range of alternative options, such as filing for revision or appeal. Depending on the stage of trial, a lawyer may also be able to have the charges dismissed by the judge or arrange for the charges to be discharged by the law officer or, if the case is compoundable, withdrawn at the request of the complainant.
  • As part of the pardon process, a convicted person should expect to sign a document in exchange for release. A lawyer should review this document wherever possible to avoid the possibility of submitting false statements or consenting to an agreement that unjustly burdens the person who is to be pardoned.

 

Pardon

  • An accused person may be eligible for a pardon if he or she admits guilt or provides incriminating information regarding the actions of others. 1
    • An accused who wishes to make an admission regarding his or her actions or provide incriminating evidence against other persons should first consult with a lawyer.
  • If the accused decides to admit guilt as part of a pardon. The accused is to be examined as a witness of the court as part of the pardon process. 2
  • While a pardon may be negotiated with a law officer, the final decision is within the discretion of a judge.
  • If the judge is satisfied that there are "reasonable grounds for believing the accused is guilty of an offence," the judge shall commit the accused for trial to the Union Supreme Court or District court. 3
  • Between the time in which the accused has been committed to trial and before the final judgment (sentencing), the Union Supreme Court may order the original court (Township or District Court) to tender a pardon to the accused. 4
  • A law officer may challenge whether or not the accused complied with the conditions of a pardon. It may lead to prosecution under the original charges as well as additional charges for concealing evidence or providing false information. 5

Presidential Pardon/Amnesty

  • The President may issue a pardon to any person (or amnesty to a group of people) who has been sentenced to punishment for an offence. 6
    • The pardon may involve the suspension of any part of a criminal sentence or the whole sentence entirely.
    • This pardon may be issued with or without conditions on the person (or persons) receiving the pardon.
    • If the person who received a pardon does not meet the conditions for the pardon, if any, then the President may cancel the pardon and order the accused to complete the remainder of the previous sentence. 7
      • The pardons or amnesties may be conditional; on the basis of refraining from, or engaging in, specific conduct.
  • The President may consult with the presiding Judge in order to grant the pardon. 8
  • Although amnesties are generally applied to a group, a convicted person may want to consider making individual appeals for a pardon to the relevant members of the executive branch if possible.
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