Decree on Pardon - Types and Scope of Pardons

1. By means of a pardon, all penalties imposed by a final judgment can be wholly or partially remitted, or the penalties can be converted into milder forms of punishment (Art. 383 Sec. 1 StGB).

2. The act of clemency determines the scope of the pardon (Art. 383 Sec. 2 StGB).

1. The pardon may be subject to conditions and stipulations.

2. The revocation of the conditional pardon is decided by the authority that granted the pardon.

3. Otherwise, the provisions of Articles 42-46 of the Criminal Code regarding conditional sentencing apply mutatis mutandis.

1. The pardon application can be submitted by the convicted person, their legal representative, and, with the consent of the convicted person, by their defense, their spouse, or their registered partner (Article 382 Paragraph 1 of the Criminal Code).

2. In cases of political crimes and misdemeanors, and in offenses connected to a political crime or misdemeanor, the government council is also authorized to initiate the pardon procedure (Article 382 Paragraph 2 of the Criminal Code).

3. ...

1. Petitions for Clemency must be submitted in writing with a justification to the Department of Economic Affairs and Internal Affairs.

1. The pardon petition of a convicted person who is already in custody for this matter has no suspensive effect on the execution of the sentence.

2. In all other cases, the Department of Economic and Internal Affairs can, on its own initiative or upon a substantiated request, grant suspensive effect, provided that the pardon petition is submitted within 30 days after the first summons to commence the sentence or if the reasons for the postponement occur only thereafter.

1. The Department of Economic Affairs and Interior procures the documents necessary for the evaluation of the application and prepares a report and proposal for the Justice Commission.

1. The President of the Commission for Justice circulates the files among at least three members of the Commission and appoints the rapporteur.

2. Each of these three Commission members submits a written, reasoned proposal.

1. The Commission for Justice is quorate when at least two-thirds of its members are present.

2. For the consideration of a request, the rapporteur and another preparatory commission member must be present.

3. To grant a pardon or to submit a corresponding application to the Grand Council, the approval of two-thirds of the present commission members is required.

1. Minutes of the Commission for Justice's proceedings are to be maintained.

1. The President of the Grand Council announces in the agenda that the decision protocol of the Commission for Justice and the files are available for inspection by the parliamentary service with immediate effect.

2. On the day of the session, the President of the Commission for Justice announces the number of decisions made by the Commission within its competence, without further details, with the note that the Grand Council may, by special resolution, assume the decision on an individual application or several applications. If the Grand Council does not exercise this right, the decision of the Commission remains.

3. Thereupon, the President of the Commission for Justice opens the commission protocol for cases that fall under the ordinary decision-making authority of the Grand Council, as well as those cases the Grand Council has assumed under paragraph 2, by announcing, without mentioning the personal details of the applicant, the offenses, the imposed penalty, the asserted grounds for pardon, and the motions of the Department of Economic Affairs and Internal Affairs and the Commission for Justice.

1. The commission proposal opened in accordance with § 10 paragraph 3 shall only be substantiated before the Council if

a) * the proposal of the commission does not coincide with that of the Department of Economic Affairs and Home Affairs, or

b) a member of the Grand Council requests this in writing or verbally, or

c) the commission has made a corresponding decision in cases that fall under the ordinary jurisdiction of the Grand Council.

1. The decision is communicated to the applicant in writing without justification.

2. The decisions of the Grand Council are communicated by the Parliamentary Service, while those of the Justice Commission are communicated by its President.

1. This Decree shall enter into force together with the Pardon Act of March 17, 1981, and shall be published in the Official Gazette.