Regulation of the Petitions and Pardons Commission on the Processing of Pardon Requests, April 16, 2010 - Purpose and Objective

This regulation establishes the procedure before the petitions and pardons commission (hereinafter: the commission) for the processing of pardon requests.

1. Upon receiving a request for clemency, the commission requests the competent judicial authorities to review the files related to the convictions subject to the clemency request.

2. It may also request the review of other files it deems relevant for the assessment of the clemency request.

3. It invites the judicial authorities and the public prosecutor to share their observations.

4. It may hear from the applicant.

Commissioners may consult the file at the commission's secretariat.

[3] 1 Repealed.

2. The rapporteur, assisted by another member of the commission, is responsible for analyzing the case file on behalf of the commission. After reviewing the case file, he or she prepares a draft report that serves as a basis for the commission's deliberations.

1. After deliberation on the pardon request, the committee adopts a report intended for the Grand Council.

2. The committee may conclude to reject the pardon request or to accept it. In case of acceptance of the pardon request, it may be partial or conditional.

3. If the committee does not conclude to reject the pardon request, it may notably propose

b) the commutation of the sentence to a more lenient penalty.

The commission meets as often as necessary to address requests for clemency.

[4]

1. A lawyer from the State's legal department attends the commission's sessions, with an advisory capacity.

2. The commission may request the occasional participation in its sessions of other members of the cantonal administration whose presence it deems necessary or desirable, particularly representatives from the penitentiary service and the office for the execution of sentences.

1. This regulation shall come into force on May 1, 2010.

2. It will be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.