Andrés Cervantes Valarezo
- Criminal penalties — Pardon power — Comparative constitutional law — Amnesty
Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
1 The term ‘amnesty’ is derived from the Greek amnesia meaning forgetfulness or oblivion. It refers to a grant of forgiveness for a past criminal offence by a sovereign power, usually for an offence committed against the state (such as treason, sedition, or rebellion). Normally, amnesty is exercised in favour of individuals who may stand trial but have not yet been convicted. In contrast to pardons which are generally exercised by the executive branch, amnesties are normally granted by the legislative branch. 2 An important difference between pardon power and...