CONFERMENT OF PARDON

Pardon is conferred by the President of the Republic following the opinion of the Pardon Board and the proposal of the Minister of Justice consenting or dissenting thereto.

Pardon, being an entirely extraordinary measure, is personal and is conferred following an irrevocable conviction, i.e. it presupposes a decision not susceptible of correction by remedy. It does not eliminate the condemning decision nor the stigma, acts for the future and is not retroactive. When pardon is conferred: a) if the sentence is not served in total or in part, the execution of the unexecuted part of the sentence is withdrawn or the sentence is mitigated or commuted into another sentence provided for by the penal code (mitigation and commutation of sentence respectively), b) if the sentence has been served, the legal consequences resulting from the conviction are withdrawn (withdrawal of the consequences of conviction) which bring about deprivations and inabilities such as deprivation of civil rights in case of conviction for defection, impediment to appointment etc. Moreover, pardon may be conferred for an non served sentence with simultaneous withdrawal of the consequences of the conviction, if this is expressly provided for in the relevant issued Presidential Decree.

The criteria for the conferment of pardon are not the same as those used by the court to form its juridical judgement; they are mainly social criteria, since this institution primarily serves the correctional policy of the State.

The procedure for the conferment of pardon may also be initiated by the Minister of Justice; however, it is usually initiated by a request of the citizen concerned (see "Citizen and Justice" guide).