Pardon

A pardon is a decision made by a government to free someone from some or all of the legal trouble they faced after being found guilty of a crime. This can happen before or after a person is convicted, depending on where they live and what the laws say.

Pardons are often used to correct mistakes in the justice system, helping people who were wrongly convicted or given too harsh a punishment. They can also be given to people who have shown they have made up for their actions and are considered to have "paid their debt to society".

However, pardons can sometimes cause debate, especially when they seem to be given for political reasons. Some people worry that pardons might not always be fair.

By country

Australia

In Australia, the power to pardon someone is called the royal prerogative of mercy. This power belongs to the King and can be used by the governor-general. State governors can also use this power when advised by their state executive council and attorney general. Courts in Australia can also show mercy when needed.

Australia has laws that allow people to ask for a pardon, reduced sentence, or early release.

Canada

The Parole Board of Canada decides on pardons. In 2012, the term "pardon" was replaced with "record suspension" by law.

A pardon keeps a criminal record separate and helps people reintegrate into society. It does not erase the conviction but removes some disadvantages, like contracting with the government or becoming a citizen.

Chile

In Chile, a pardon can reduce or change a sentence but does not remove the fact that someone was convicted.

China

China allows pardons, decided by the National Standing Committee of the People's Congress and issued by the president.

Egypt

In 2015, Egypt's president pardoned 100 activists, including journalists.

France

In France, the president can grant pardons. The president reviews requests through the Ministry of Justice. A pardon can reduce a sentence but does not remove the crime from the person's record.

Germany

In Germany, the power to pardon is split between federal and state levels. The president can pardon for certain serious crimes, while most pardons are handled by state governments.

Greece

Greece's president can pardon someone after the minister of justice proposes it and the Pardon Committee gives an opinion.

Hong Kong

Before 1997, Hong Kong's pardons were granted by the UK monarch. Now, the chief executive of Hong Kong grants pardons.

India

India's president and state governors can grant pardons, reduce sentences, or delay punishment. These powers are used in special cases and must follow advice from ministers.

Iran

Iran's Supreme Leader has the power to pardon under the constitution.

Ireland

Ireland's president can grant pardons on the advice of the government. There are two ways to ask for a pardon, one for miscarriages of justice and another for other reasons.

Israel

Israel's president can pardon criminals based on recommendations from the minister of justice.

Italy

Italy's president can grant pardons or reduce punishments, which must be approved by the minister of justice.

Morocco

Morocco's king can grant pardons after a review by a commission including the minister of justice.

Poland

Poland's president can grant pardons, but whether this can happen before a final conviction is debated.

Portugal

Portugal's president can pardon or reduce sentences based on proposals from the government.

Russia

Russia's president can grant pardons. Requests go through pardon committees.

Rwanda

Rwanda's president can exercise the prerogative of mercy after consulting the Supreme Court.

South Africa

South Africa's president can pardon offenders only in very exceptional cases, usually for minor offenses after ten years.

Spain

Spain's king can grant pardons individually, not generally. The process involves the minister of justice and is published in the official journal.

Sri Lanka

Sri Lanka's president can grant pardons for any conviction in the country.

Switzerland

Switzerland's federal assembly can pardon crimes under federal law. Cantonal laws decide pardons for cantonal crimes.

Turkey

Turkey's president can pardon under certain conditions like illness or old age. Parliament can also grant general amnesty.

United Kingdom

The UK uses the royal prerogative of mercy to grant pardons, now rarely used. The government decides on pardons, not the monarch.

United States

In the United States, the president can grant pardons for federal offenses. State governors can pardon for state offenses. Some states have boards that handle pardons.

Related concepts

These terms are similar but can change a little depending on the country:

• Clemency is a way to make punishments lighter, often decided by leaders. Examples include:

  • Amnesty: A pardon given to a group of people, not just one person. For example, President Jimmy Carter offered amnesty to people who had evaded the draft. Sometimes, after a big conflict, a mass amnesty may be given to let everyone move forward.
  • Commutation: Changing a harsh punishment to a lighter one, but the person is still considered guilty of the crime.
  • Remission: Cancelling part or all of the punishment while still considering the person guilty.
  • Reprieve: Temporarily stopping a punishment so the person can appeal, or challenge, the decision.
  • Respite: Delaying a punishment or giving a lighter temporary punishment while more checks or appeals are done.

• Parole is when a person in prison is let out early if they agree to follow certain rules, like meeting with parole officers.

• Expungement is when a person's criminal record is removed or hidden so it cannot be seen by others.

• Immunity from prosecution is when a prosecutor allows someone, often a witness, to not be punished for a crime they may have done, in exchange for giving important information or evidence.