What is the Difference Between Amnesty and Pardon?

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Amnesty and pardon are both forms of forgiveness for criminal acts, but they differ in their application, scope, and effects. Here are the main differences between the two:

  1. Scope: Amnesty is granted to a group of persons, usually for political crimes or during periods of insurrection and revolt. It is considered a cause of prosecution and dismissal of criminal proceedings. On the other hand, a pardon is granted to an individual who has already been convicted.
  2. Characteristics: Amnesty is the abolition or oblivion of the offense, often extended to persons who are subject to prosecution. Pardon, on the other hand, is the forgiveness of the offense and is granted by the head of state.
  3. Effects: When a pardon is given, it only removes the punishment and does not affect compensation and debt. In contrast, amnesty drops prosecution and criminal proceedings, suspends the sentence, and removes the effects of the conviction. However, a pardon can also remove the effects of a conviction.
  4. Stage of Criminal Case: Amnesty can be applied at all stages of a criminal case, from detection to execution of a sentence. Pardon is applicable only after the issuance of a final order and cannot be applied before.

In summary, amnesty is a collective pardon typically granted to a group of persons during specific political or social situations, while a pardon is granted to an individual who has already been convicted, and it only applies after a final order has been issued. The effects of amnesty include the dismissal of criminal proceedings and the removal of the effects of the conviction, whereas a pardon only removes the punishment and does not affect compensation and debt.

Comparative Table: Amnesty vs Pardon

Here is a table comparing the differences between amnesty and pardon:

Feature Amnesty Pardon
Definition Amnesty refers to an act of pardoning an offense, usually granted to a group of persons for political crimes during a period of insurrection or revolt. Pardon is the official forgiveness for an individual's offense, granted by the government.
Scope Amnesty is a blanket pardon granted to classes of persons or communities. Pardon is granted to individuals.
Timing Amnesty is granted before the person can get convicted and may not have faced any trials. Pardon is granted after conviction, either to mitigate or set aside the punishment.
Forgiveness Amnesty is absolution and forgetfulness of an offense. Pardon is mercy or clemency.
Criminal Record Amnesty erases criminal records and history of the group, providing immunity from prosecution. Pardon maintains the criminal record of the individual, even if the court has convicted that person.
Popular Examples Historical examples of amnesty include Napoleon's amnesty in 1815, the Prussian amnesty of 1840, and the French amnesty of 1905. Famous pardons include U.S. President Gerald Ford's pardon of former President Richard Nixon in 1974.

In summary, amnesty is a general pardon for a group of people for specific offenses, usually involving political crimes. Pardon, on the other hand, is an official forgiveness for an individual's offense, granted by the government after conviction.