In the context of Italian criminal law, it is essential to understand the differences between pardon and amnesty. These legal institutions are often confused as both involve the reduction or elimination of penalties, but they operate in distinct ways. As a criminal lawyer, it is crucial to have a clear understanding of both in order to provide effective legal advice.
The pardon is a measure of general clemency, issued by a law of the State, which extinguishes all or part of the main penalty imposed. However, it does not erase the crime or the ancillary penalties. In other words, the pardon reduces the custodial or monetary penalty, but the crime remains in the individual's criminal record.
A relevant aspect of the pardon is that it is granted only for penalties already imposed by a final judgment. Therefore, it can only apply to those who have already been convicted. Furthermore, the pardon does not apply automatically: the convicted person must submit a request to the judge to obtain its benefits.
Amnesty, on the other hand, is a measure that extinguishes the crime itself. Unlike the pardon, amnesty eliminates both the penalty and the crime, erasing it from the criminal record. This implies that the person granted amnesty will no longer have any traces of the crime in their legal profile.
A distinctive element of amnesty is that it can be granted even before the final conviction, and sometimes even during preliminary investigations. However, amnesty can be conditional, requiring specific obligations from the beneficiary.
Both measures are regulated by the Italian Constitution, specifically Article 79, which establishes that pardon and amnesty can only be granted by a law passed by a qualified majority of two-thirds of the members of each Chamber.
Moreover, in recent years, the use of these instruments has been limited to prevent abuses and ensure that criminal justice maintains its deterrent and educational function. The granting of pardon and amnesty is often the subject of political and social debate, given the importance of balancing clemency and justice.
From a practical standpoint, those who benefit from a pardon may see their penalty reduced, but they must still consider the legal consequences of the crime committed, such as ancillary penalties and the impact on their criminal record. In contrast, amnesty offers a complete reset, eliminating all traces of the crime and the related penalties.
For those facing legal issues related to pardon and amnesty, it is crucial to consult an experienced criminal lawyer. The Bianucci Law Firm is available to provide personalized consultations, evaluating each case in its specificity.
If you need further clarification or personalized consultations on pardon and amnesty, we invite you to contact the Bianucci Law Firm. Our criminal lawyers are ready to offer their experience and expertise to help you navigate the complex legal landscape.