The 7 differences between amnesty and pardon

A summary of the differences between amnesty and pardon in the judicial system.

There are many concepts and terms within the legal and juridical field that we hear frequently but that, nevertheless, we do not quite understand what they are. This can happen, for example, with amnesty and pardon.

Do you know these concepts? Do you know what are the differences between amnesty and pardon? the differences between amnesty and pardon?? In this article we will see what each of them means, and what are their essential differences, which will allow you to understand them more clearly.

What are these concepts of the judicial world?

The main difference is found in their own definitions, since pardon implies forgiveness of the penalty, and amnesty implies forgiveness of the crime..

This first difference means that, in practice, only the part of the sentence that the pardoned person has not yet served can be pardoned; on the other hand, in the case of amnesty, the person receiving the amnesty may be rehabilitated in terms of rights already lost.

Thus, these are two terms related to the legal and juridical field, which allude to a suppression of the sentences and/or crimes of the convicted persons. Before explaining in more detail and concretely what the differences between amnesty and pardon are, let us explain in broad outline what each of these concepts consists of.

1. Amnesty

According to the Royal Spanish Academy of Language (RAE), amnesty is the "Pardon of certain types of crimes, which extinguishes the responsibility of their perpetrators".

According to the different definitions of amnesty, we find that it implies the pardon of certain types of crimes (mostly political crimes). On the other hand, amnesty also extinguishes the responsibility of the perpetrators of such crimes, and removes any possible criminal record for such crimes. eliminates any possible criminal record occasioned by such crimes.. In short, in the amnesty the penalty and the crime are eliminated, and the convicted person is no longer considered guilty.

On the other hand, the amnesty intervenes directly on a category of crimes, and therefore is not aimed at a single individual, but at a whole collective (think of the case of the Catalan process, where the convicted are a group of people, and not a single one).

Thus, the objective of the amnesty is to "bury" a source of conflict, which is why, in a certain way, it is based on forgetting. That is to say, it is intended to turn the page, in order to promote reconciliation and start a new stage.

2. Pardon

In this case, according to the RAE, pardon has two meanings; the first "Grace by which a punishment is totally or partially remitted or commuted", and the second "Grace exceptionally granted by the head of state, by which he totally or partially pardons a punishment or commutes it to a more benign one".

Other definitions of pardon qualify it as an exceptional measure of grace, which remits the sentences of the condemned, either totally or partially (i.e., some, some or all of them). (i.e., some, some or part of them); this measure is given by a final sentence.

On the other hand, the pardon affects all types of crimes, but only extinguishes the criminal liability of the convicted person. This means that it does not eliminate the criminal record of the convicted person, as is the case with amnesty.. In other words, the guilty party continues to be "guilty", even if the sentence, or part of it, is pardoned or suppressed.

Main differences between amnesty and pardon.

Now that we know, roughly speaking, what these concepts mean, let's see what are the main differences between amnesty and pardon.

1. Object of the pardon

The first difference between amnesty and pardon is found in the object of the pardon; thus, while in the case of amnesty what is pardoned is the crime (which also includes the penalty), in the case of pardon what is pardoned is only the penalty (but not the crime).

In addition, it should be specified that in the case of pardon, it is usually the "central" penalty that is pardoned, but not the accessory penalties.. To understand it better, let's take an example: let's remember the case of the Catalan process (independence); if the prisoners are pardoned, they are pardoned the years of imprisonment (central penalty), but not the years of disqualification (accessory penalty). However, each case requires its own study and specifications.

Civil liability

Another difference between amnesty and pardon has to do with the extinction of civil liability, a pardon does not extinguish the civil liability derived from the crime, while an amnesty does.while amnesty does.

Let us recall that civil liability, in understandable terms, is the obligation to compensate (i.e., "to give a thing or make a benefit to a person as reparation for a damage"), which arises as a consequence of a damage caused.

Type of offenses

Although both amnesty and pardon apply to different types of crimes, amnesties generally apply to different types of crimes, amnesties are generally applied to political crimes, and pardons to crimes of all types..

Let us think, for example, in the case of the Catalan process, where many are calling for amnesty (and not so much pardon) for the politicians who led the independence movement.

4. Criminal Record

As we have seen previously, another of the differences between amnesty and pardon is that amnesty extinguishes the convicted person's criminal record, while pardon does not (or not necessarily).while a pardon does not (or does not necessarily).

5. Requirement of a final judgment

In the case of amnesty, at the legal level, a final sentence is not required (i.e. it is not necessary). (i.e., it is not necessary); on the other hand, in the case of pardon, it is necessary.

6. Administrative act or law

Generally, for a pardon to be granted, an administrative act is required, which consists of a "manifestation or declaration of a public power in which it imposes its will on the rights of another person, as well as on his freedoms or interests of some kind".

On the other hand, In order for an amnesty to be granted, a specific law is needed in relation to the offenses in question and its annulment period. and its period of annulment. Thus, the amnesty would require the "yes" of the majority of the Deputies of the Congress in order to be granted.

7. Guilt of the convicted person

The last of the differences between amnesty and pardon refers to the guilt or not of the convicted person. in a pardon the person is still considered guilty, in an amnesty he/she is no longer considered guilty.in amnesty, the person is no longer guilty.

Bibliographical references:

Macia, J. (2016). Amnesty and pardon. Estudios de Derecho. Learn Online. REAL ACADEMIA ESPAÑOLA (RAE): Diccionario de la lengua española, 23.ª ed., [version 23.3 online]. https://dle.rae.es [Accessed December 12, 2019]. Requejo, J.L. (2001). Amnesty and pardon in Spanish historical constitutionalism. Historia constitucional: Revista Electrónica.