The Differences between Pardon and Amnesty is given here. The pardon is a cause of extinction of the criminal responsibility, it supposes the forgiveness of the penalty, but the person remains guilty while in an amnesty the crime is forgiven.
It is the cause of the extinction of criminal responsibility, defined as the forgiveness of the penalty. In these cases, the person is still guilty, but the execution of the sentence is forgiven. It can be total or partial, general or particular.
In the case of total pardon, all the penalties to which the defendant was sentenced and which have not yet been served are forgiven. In the partial pardon, the remission of some imposed penalties or their commutation for less serious ones is given.
The pardon is defined as a measure of grace that is conferred on those convicted by a final sentence, remitting all the penalty, or part of it, commuting for a softer one, or offering total forgiveness of the same without any commutation.
Amnesty is a legal instrument of the Legislative Power that grants it the possibility of preventing criminal prosecution and civil actions against certain persons or groups of persons for specific criminal conduct committed before the approval of the amnesty.
You can forgive people who were forced to work for organized crime or commit crimes, you also forgive people who were wrongfully blamed.
It is a law of oblivion, it seeks to forget some infractions, that the judicial processes are finished and if these have already been carried out, it invalidates the sentences imposed.
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Differences between Pardon and Amnesty
- The pardon means the forgiveness of the penalty.
- The amnesty supposes the pardon of the crime.
- The pardon can only be carried out if part of the sentence has not been served.
- The amnesty rehabilitates the amnestied in the rights he lost when serving the sentence.
- The pardon does not eliminate the civil liability derived from the crime
- The amnesty eliminates the civil liability derived from the crime.
- A pardon is an administrative act.
- Amnesty requires a law.
- The amnesty extinguishes the criminal record.
- A pardon does not always remove a criminal record.
- Amnesty is usually granted for political crimes.