Does the guilty person always face the severe punishment established by law? In Russia, as in a number of other countries, a person has the right to a mitigation of a court sentence up to the removal of all charges. What is the difference between amnesty and pardon? These are two possible options for a decision made by authorized persons that directly affect a criminal record. Perhaps this is all that unites the concepts. We will examine the question in more detail.
Amnesty concept
Literally, the term "amnesty" means "forgiveness", "oblivion." The word came from the Greek language and was used as early as the ancient period. Today, according to the laws of the Russian Federation, amnesty is exemption from criminal prosecution and retaliation, appointed by the court. The state acts on the principles of humanism, mitigating the verdict or completely abolishing it.
The decision takes into account all the circumstances characterizing the person and the crime committed by her. Amnesty is considered for each person individually. You must understand that the process in no way changes the criminal law. This is a kind of exception to the rule that can be granted to a person.
The difference between an amnesty and a pardon is that it is granted only to a certain circle of unidentified persons described in the act. As a result, law enforcement officers consider cases of all citizens who fit the description of convicts or are under investigation. Amnesty is usually timed to some event. For example, on the anniversary of the Victory of 1945.
To whom can an amnesty be applied?
The act of amnesty contains information defining the circle of persons to whom it can be applied. Often these are those citizens who need social protection: minors, women, people with disabilities and pensioners, participants in hostilities, convicted for the first time. The document may also indicate those categories of persons who are deprived of the right to amnesty. For example, those who have committed particularly serious crimes, long-term prisoners, repeat offenders.
Within six months after the announcement of the amnesty, it is enforced, but the act itself is considered unlimited. The following shall be exempted from criminal punishment, prosecution or commutation of sentence:
- Citizens in whom criminal proceedings have been instituted;
- persons arrested for the duration of the investigation;
- cases the investigation of which has been completed, but they have not been referred to court;
- perpetrators who have already served their sentences;
- prisoners.
At this stage, another difference between amnesty and clemency is clarified: the latter applies only to citizens who are already serving sentences in prison. It should also be understood that the amnesty in no way casts doubt on the fact of the guilt of the offender or the defendant. If a person does not admit his guilt, an amnesty cannot be applied to him.
Who decides on liberation?
The amnesty act is drawn up and approved by the competent authority - the State Duma of the Russian Federation. The validity of a decision begins on the day of official publication or immediately after its adoption. The implementation of the act is completely transferred to the shoulders of the executive authorities and courts. It all depends on the stage of office work of the persons under consideration, who are eligible for amnesty. The authorities carefully study the case materials and, if necessary, apply for additional documents, and the decision is postponed until they are received.
After making a decision, the State Duma issues a resolution by the number of publication of the act.All items listed in the content of the amnesty apply to the person. The decision is final and not subject to appeal.
Legal consequences of amnesty
The pre-established decision to terminate the criminal prosecution, detailed in the act, is another difference between amnesty and pardon. The legal consequences of it are clearly spelled out and cannot be changed. For example, an amnesty provides only for mitigation of punishment by reducing its term or changing the regime, or full release from imprisonment and criminal liability. If the act provides for several options, the final decision on the application of one or another method of forgiveness is taken by the court or other executive authority.
As a rule, the legal consequences of an amnesty are as follows:
- to release from punishment or criminal liability;
- shortening the period of detention;
- removal of criminal record;
- commutation of sentence;
- exemption from additional punishment.
At the same time, the person remains guilty, but becomes a forgiven state due to amnesty. The act may involve the application for the perpetrator of one of the items listed or several at once.
Legal rehabilitation in criminal proceedings
According to the constitutional rights of citizens, everyone has the right to compensate for the harm that the state inflicted on him in connection with unlawful action or inaction coming from executive authorities or other officials. The Criminal Procedure Code of the Russian Federation created an institution of rehabilitation, which is engaged in the restoration of the rights of illegally accused and imprisoned citizens. The main difference between amnesty and pardon from legal rehabilitation is the proven fact of innocence. The termination of the criminal prosecution in this case occurs as a result of the acquittal or the termination of the case due to the absence of corpus delicti and other reasons proving that the person was not involved in the criminal act.
After recognizing the right to rehabilitation and notifying the innocent of this, he has the right to file a request for damages caused by an unfair decision in court. This is another difference between amnesty and pardon from legal rehabilitation: the latter fully restores the rights of a citizen, recognizing the fact of innocence and unfair accusation, and also allows you to achieve material and property compensation for the harm caused. Amnesty and pardon are forms of manifestation of humanism in relation to criminals, whose guilt is not called into question.
Pardon
This form of mercy is directed only towards those persons who have already been convicted of a criminal offense and are serving a sentence. The very obvious difference between amnesty and pardon comes up: the first applies to both persons under investigation and suspects, while the second applies only to convicts. However, they have similarities: pardon also involves the complete forgiveness of a person without changing the sentence and challenging the fact of guilt. The decision is made according to the principles of humanism, but already on the basis of certain features of the prisoner's behavior. If the act of amnesty considers personal characteristics indirectly, then the decision on pardon directly depends on them.
The legal consequences of the procedure are usually as follows:
- to mitigation of punishment;
- reducing the length of stay in the place of detention;
- release of a prisoner;
- removal of criminal record.
The clear difference between amnesty and clemency is also for the purpose of holding. The second is more a way of encouraging the prisoner's humble behavior and correcting it.
Who is authorized to pardon?
According to the Constitution, only the President of the Russian Federation has the right to make a decision to terminate serving a sentence, mitigate it or remove an uncovered criminal record.A special commission will investigate the circumstances of the case and the personal characteristics of the prisoner, which regulates the issues of pardon in each of the entities. After carefully reviewing the documents, they are handed over to the president, who issues a decree of pardon in the form of early release or commutation of punishment. In the event of a negative decision, the person who sent the request shall be notified in writing of the refusal.
Before you get to the president, documents go from territorial justice authorities to the highest official of the subject of the Russian Federation, who reports on the appropriateness of a pardon. The decision is sent to the authorities, after which it is enforced. In case of refusal, the prisoner has the right to apply for an act of pardon only after one year.
How to get an act of pardon?
Another characteristic difference between amnesty and pardon of the Republic of Belarus and the Russian Federation is the involvement of prisoners in the process. Amnesty is an initiative of the state, until a decision on its application is made, the prisoner does not interact with the executive authorities. The pardon, on the contrary, is petitioned by the criminal himself.
To consider the petition, it is necessary to compose it in writing and send it to the President of the Russian Federation through the body executing the punishment. A package of documents containing information about the prisoner is attached to the application:
- health status;
- marital status;
- copies of court documents.
It should be understood that only some persons can count on pardon, whose behavior testifies to their remorse for their deeds and correction. A positive decision should not be counted on by malicious violators of the order of places of detention, as well as those who have already enjoyed the privilege of amnesty or commutation of sentences. Otherwise, an act of pardon can be applied, regardless of the gravity of the crime.
The difference between amnesty and pardon: what is the difference?
To thoroughly make sure that the concepts of “amnesty” and “pardon” are not the same thing, consider a comparative table.
| Act characteristics | Amnesty | Pardon |
| Who is appointed | The State Duma | President of the Russian Federation |
| For whom is provided | Prisoners, convicted, suspects who have served their sentences | Prisoners and prisoners |
| Who is the decision made for? | Undefined person groups | Of a certain person (group of persons) |
| Initiator of the Act of Forgiveness | State | Prisoner (released) |
| Severity of crime affects decision | Yes | Not |
| Behavior Affects Decision | To a small degree | Completely |
| Similar symptoms | Does not cancel the fact of guilt; the decision is final and undeniable; allows you to extinguish an unexpunged criminal record, mitigate the punishment or release a prisoner from custody | |
The difference between an act of amnesty and an act of pardon is primarily in the ways of their adoption and consideration. Amnesty happens less frequently, but affects a large number of convicts (suspects, prisoners, who have served time) and is applied on the personal initiative of the government. A pardon is a prisoner's personal petition for commutation of the sentence or its termination in connection with a number of facts that speak of the correction of the criminal.
