There are many concepts and terms within the legal and legal field that we frequently hear but, however, we do not fully understand what they are. It can happen to us, for example, with amnesty and pardon.
Do you know these concepts? Can you tell what they are? the differences between amnesty and pardon? In this article we will see what each of them means, and what their essential differences are, which will allow you to understand them more clearly.
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, it may happen that the person who receives the amnesty is rehabilitated, as far as rights already lost are concerned.
Thus, these are two terms related to the legal field, which refer to the suppression of sentences and/or crimes of convicted persons. Before explaining in more detail and specifically what the differences between amnesty and pardon are, we are going to explain what each of these concepts consists of, broadly speaking.
1. Amnesty
According to the Royal Spanish Academy of Language (RAE), amnesty is the “Forgiveness of certain types of crimes, which extinguishes the responsibility of their authors.”
According to the different definitions of amnesty, we find that it implies the forgiveness of certain types of crimes (mostly political crimes). On the other hand, the amnesty also extinguishes the responsibility of said crimes to their authors, and eliminates any possible criminal record caused 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 directed at a single individual, but at an entire group (think of the case of the Catalan process, where those convicted are a group of people, and not just 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 oblivion. 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, the pardon has two meanings; the first “Grace by which a sentence is totally or partially remitted or commuted”, and the second “Grace that is exceptionally granted by the head of State, by which a penalty is totally or partially forgiven or commuted to another more benign one.”
Other definitions of pardon qualify it as an exceptional measure of grace, which remits the sentences of those convicted, either totally or partially (that is, some, some or part of them); This measure is given by final ruling.
On the other hand, pardon affects all types of crimes, but it only extinguishes the criminal responsibility of the convicted person. This means that does not eliminate the criminal record of the same, as happens with the amnesty That is, the guilty party remains “guilty”, even if the punishment, or part of it, is forgiven or suppressed.
Now that we have known, broadly speaking, what these concepts mean, let’s see what the main differences are between amnesty and pardon.
1. Object of forgiveness
The first of the differences between amnesty and pardon is found in the object of forgiveness; Thus, while in the case of amnesty what is forgiven is the crime (which also includes the penalty), in the case of pardon what is only forgiven is the penalty (but not the crime).
Furthermore, it should be specified that In the case of pardon, the “central” penalty is usually forgiven, but not the accessory ones To understand it better, let’s give an example: let’s remember the case of the Catalan process (independence); If prisoners are pardoned, they are forgiven the years in prison (central penalty), but not the years of disqualification (accessory penalty). However, each case requires its study and specifications.
2. Civil liability
Another difference between amnesty and pardon has to do with the extinction of civil liability; So, The pardon does not extinguish the convicted person from the civil liability derived from the crime while amnesty does.
Let us remember that civil liability, in understandable terms, is the obligation to compensate (that is, “give something or make a benefit to a person as compensation for damage”), which arises as a consequence of damage caused.
3. Type of crimes
Although both amnesty and pardon apply to different types of crimes, Amnesties are generally applied to political crimes, and pardons to crimes of all kinds
Let us think, for example, of the case of the Catalan process, where many ask for amnesty (and not so much a pardon) for the politicians who led the independence movement.
4. Criminal record
As we have seen previously, another difference between amnesty and pardon is that the amnesty extinguishes the convicted person from the criminal record while pardon does not (or not necessarily).
5. Requirement for a final ruling
In the case of amnesty, at the legal level a final sentence is not required (i.e. not necessary); However, in the case of pardon, this is necessary.
6. Administrative act or law
Generally, for a pardon to be granted, an administrative act is needed, 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 their freedoms or interests of some guy”.
Instead, For an amnesty to be granted, a specific law is needed in relation to the crimes in question and its cancellation period. Thus, in the amnesty the “yes” of the majority of the Deputies of Congress would be needed to be able to grant it.
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; so, while In the pardon the person is still considered guilty in the amnesty it ceases to be so.
Macia, J. (2016). Amnesty and pardon. Right’s studies. Learn Online. ROYAL SPANISH ACADEMY (RAE): Dictionary of the Spanish language, 23rd ed., (online version 23.3). https://dle.rae.es (consultation date: December 12, 2019). Requejo, JL (2001). Amnesty and pardon in Spanish historical constitutionalism. Constitutional history: Electronic Magazine.
