Decision of the Cantonal Parliament (Landrat) Concerning the Exercise of the Power of Pardon - Principle

1. Clemency may be granted to any convicted individual, provided they are found worthy of mercy.

1. Pardons may generally only be granted to a person sentenced to imprisonment if they have conducted themselves without complaint since the pronouncement of the judgment and during the serving of the sentence, and their conduct suggests the expectation of permanent improvement.

1. A pardon shall be granted whenever possible if the court has recommended it in the judgment.

1. Applications for pardon are to be submitted to the Petition Commission of the County Council. Exempted are applications concerning a conviction for a fine. These are to be directed to the Police Directorate, which shall promptly inform the President of the Petition Commission of the receipt.

1. If a request for a pardon pertains to a judgment imposing a fine, it must be submitted within two months of the deadline set for the payment of the fine in accordance with Article 49, paragraph 1 of the Swiss Criminal Code. Late requests for pardon can only be considered if extraordinary circumstances are demonstrated.

1. If a request is made for the partial or complete remission of an unconditional custodial sentence or its conversion into a suspended sentence, the President of the Petitions Commission first decides whether the request should have suspensive effect.

1. The President of the Petitions Commission forwards each request to the Police Directorate. The Police Directorate compiles all documents necessary for the assessment of a request. In particular, it obtains the criminal record and character references of the applicant. Subsequently, it forwards its documents along with a report to the Petitions Commission.

2. The Petitions Commission may hear the chairperson of the adjudicating court regarding the request.

1. If a pardon application pertains to a prison sentence, a vote on the matter may only be taken if five commission members are present during the vote. To adopt a resolution recommending a pardon, the agreement of four commission members is required.

2. If different motions are submitted, the vote shall first be taken on the most lenient one and, if it is rejected, proceed in this manner until a motion receives the necessary majority. If this is not the case, the application is considered rejected.

1. If a request for pardon pertains to the full or partial remission of a fine, the Petitions Committee shall decide with a simple majority, subject to the presence of four members.

1. Decisions regarding the revocation of a pardon are subject to the provisions of § 8 and § 9 of this regulation, as applicable.

1. The decision regarding the pardon or its revocation is forwarded by the Petitions Committee as an application with a report to the District Council.

1. The District Council Decree concerning the exercise of the right of pardon dated September 11, 1947, is repealed.

1. This district council resolution shall enter into force upon its publication in the official gazette.