In this article you will find:
1. Definition and Function of Grace: Pardon is an extraordinary provision granted by the President of the Republic which intervenes exclusively on the sentence of an already convicted person, without questioning guilt. It can cancel, reduce or transform the sentence, but it does not erase the crime or make the person innocent.
2. Concession Procedure: Pardon is not automatic and is granted in exceptional cases, such as serious health problems or difficult personal conditions. The procedure includes an investigative phase with the involvement of magistrates and the Minister of Justice, but the final decision lies with the President of the Republic.
3. Revocation and Origins: The pardon can be revoked if the beneficiary commits a new crime within a certain period. This power has ancient origins, dating back to sovereigns, and is today regulated by precise rules, representing a balance between justice and attention to the person.
Grace is an extraordinary provision that allows the President of the Republic to extinguish, reduce or commute the sentence of a person already convicted. This is not a new trial and does not call into question the guilt, which has already been definitively ascertained by a judge. In fact, grace intervenes after condemnation and it concerns exclusively the sentence to be served. This is a prerogative provided for by Article 87 of the Constitution and entrusted to the Head of State.
What really changes for a person
To fully understand what grace is, we must distinguish between crime and punishment:
- the crime it is the act committed (for example a theft)
- the penalty is the consequence established by the judge (for example prison or a fine)
Grace intervenes on the punishment, not on the crime.
In concrete terms, it can:
- cancel the sentence entirely: The person no longer has to serve the remainder of their sentence
- reduce the sentence: for example shortening the years of prison still to be served
- transform the punishment into another: for example, replace prison with a less serious sanction
What grace does NOT do
It is important to clarify this point well, because it often causes confusion. Grace:
- it does not erase the crime: the fact remains recorded
- it does not make the person innocent: the conviction remains valid
- it does not automatically eliminate all the effects of the conviction
For example, they can remain:
- registration in the criminal record
- any limitations (such as disqualification from certain tasks), if not explicitly eliminated
Because grace is granted
Pardon is an exceptional measure, therefore it is not granted automatically. It is usually taken into consideration when particular situations arise, such as:
- serious health problems
- very difficult personal or family conditions
- a path of change and reintegration into society
There are no strict rules: each case is evaluated individually.
How to ask for grace
The procedure is more complex than you might think. The application can be submitted by:
- the convicted person
- a family member or partner
- a guardian
- a lawyer
In some cases, it can also be granted without a formal request.
What happens after the request
After the application, the decision is not immediate.
A phase called opens investigationduring which all useful information is collected. In particular, we analyze:
- the person’s behavior
- the personal and family situation
- any signs of change
The role of the judiciary
Some key figures intervene during the investigation:
- the Attorney General
- the Surveillance Magistrate (if the person is detained)
These bodies express an opinion based on:
- court documents
- law enforcement information
- evaluations on the path of the condemned
The role of the Minister of Justice
The file then passes to the Minister of Justice, who:
- examine the documentation
- expresses an opinion, whether favorable or against
The Minister though does not decide: his is an investigative role.
The final task is to transmit the dossier to the President of the Republic.
Who really decides
The final decision lies exclusively with the President of the Republic.
It is he who:
- evaluate the case
- decides whether or not to grant the pardon
- signs the decree
Even in the presence of a contrary opinion from the Minister, the President can decide differently.
What happens if pardon is granted
If the decree is signed:
- the sentence is modified or canceled as established
- the public prosecutor takes care of its application
If the person is detained, release may be ordered.
Can the pardon be revoked?
The case provided for by law
The law provides for a specific case of revocation.
The pardon may lapse if the beneficiary:
- commits a new non-negligent crime
- within 5 years of concession (10 years in the most serious cases)
In this case:
- the benefit disappears
- the original penalty becomes applicable again
The most complex cases
Then there is a more controversial question.
According to some jurists, the pardon could also be annulled if granted on the basis of incorrect or untrue information.
However, this is a topic that is not explicitly regulated and is still the subject of debate.
Where does this power come from?
Grace has very ancient origins.
Once upon a time it was a power of the sovereigns, who could grant pardon to the condemned.
Today, in democracies, this tool still exists but:
- is regulated by precise rules
- it is only used in exceptional cases
It represents a form of balance between justice and attention to the person.
In summary
- Grace is an individual act of clemency
- It intervenes on the punishment, not on the crime
- It can cancel, reduce or transform the sentence
- It is granted by the President of the Republic
- A complex procedure follows
- It can be revoked in specific cases
