Amnesty and Its Conditions

Amnesty and Its Conditions

One of the most important subjects in criminal law is amnesty, which is governed by specific conditions and regulations. In legal doctrine, there are distinct instances in which individuals may, subject to particular requirements, benefit from amnesty under the law. The concept of amnesty has always been emphasized in Islamic jurisprudence and is regarded as a recommended and humane legal measure.

Conditions for Granting Amnesty and Its Implementation Process

The Concept of Amnesty

In its literal sense, amnesty means forgiveness, waiver, remission, pardon, or absolution from punishment.

In criminal law, amnesty refers to a legal mechanism by which the execution of a sentence is suspended or criminal prosecution is terminated. This measure is adopted through sovereign authorities, including the leadership or the legislative body, and is approved for the purpose of forgiving all or part of the punishment imposed on an accused or convicted person or halting criminal proceedings against them. Amnesty constitutes a privilege exercised by the governing powers of each state in the public interest and for the maintenance of social order.

Amnesty may play a significant role in restoring public peace and stability, particularly in relation to political offenses, at the discretion of political leaders. In circumstances where society is unable to tolerate severe punishments, such as capital punishment, private amnesty reduces the severity of sentences.

Amnesty also helps correct judicial errors and is often regarded as a reward for offenders’ good conduct and ethical behavior during their period of imprisonment. From a rehabilitative perspective, amnesty carries considerable social benefits. It generally applies to the public aspect of crimes and offenses that do not involve a private complainant. In cases where a private complainant withdraws their complaint, the possibility of amnesty may also arise.

The Public Aspect of Crime

The public aspect of a crime refers to the harm caused to society as a whole and the disturbance of public order and security resulting from the commission of the offense.

The Private Aspect of Crime

The private aspect of a crime concerns situations in which an individual files a complaint due to personal harm caused by the offense and initiates criminal proceedings.

It should be noted that not all punishments are subject to complete forgiveness. In some cases, only part of the punishment may be remitted, or the sentence may be reduced to a lighter penalty.

For example, individuals sentenced to death for certain drug-related offenses may, subject to statutory conditions, be granted amnesty whereby their punishment is converted to imprisonment and a monetary fine.

In such cases, the entire punishment is not eliminated; rather, the more severe penalty is replaced with a lesser one.

Types of Amnesty

General Amnesty

General amnesty is a measure adopted by the sovereign authority that forgives certain crimes and prohibits their prosecution. Under general amnesty, criminal proceedings or execution of sentences are terminated, and all ancillary and supplementary effects of the conviction are eliminated. In this type of amnesty, the criminal record and legal consequences of conviction are nullified. However, if the amnesty applies only to part of the punishment, the remaining criminal effects of the judgment continue to exist. The authority to grant general amnesty lies with the legislative branch.

Private Amnesty

Private amnesty is a decision made upon the proposal of the Head of the Judiciary and with the approval of the Supreme Leader, granting forgiveness of all or part of a punishment imposed on a convicted individual.

Differences Between General Amnesty and Private Amnesty

• Private amnesty is personal and granted individually to convicted persons, whereas general amnesty applies broadly.
• Under private amnesty, the criminal conviction is not erased; it remains on the criminal record, together with its legal consequences.
• General amnesty applies to discretionary punishments, whereas private amnesty may apply to various types of punishments, except for fixed religious penalties under specific conditions and retaliation punishments, which are based on private rights.
• Private amnesty applies only to final and enforceable judgments, while general amnesty may apply to both final and non-final cases.
• General amnesty is implemented through legislation and may halt proceedings at any stage, whereas private amnesty is generally applied upon the private complainant’s withdrawal or consent.
• Private amnesty applies only to convicted persons, while general amnesty may include both accused individuals and convicted persons.

Conditions for Granting Amnesty

One of the conditions consistently considered in granting amnesty is that the crime must have been established by the accused’s confession.

In certain cases, the legislator has also required repentance as a condition alongside confession. The nature, verification, and timing of repentance are of particular importance in the legal assessment of eligibility for amnesty.

Frequently Asked Questions Regarding Amnesty and Its Conditions