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340.100 CH-TI

Law on the Exercise of the Right of Pardon

12 Articles / Provisions · Switzerland · Canton of Ticino
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Table of Provisions (12)

Art. 1 Law on the Exercise of the Right of Pardon Art. 2 Law on the Exercise of the Right of Pardon Art. 3 Law on the Exercise of the Right of Pardon Art. 4 Law on the Exercise of the Right to Pardon Art. 5 Law on the Exercise of the Right to Pardon Art. 6 Law on the Exercise of the Right to Pardon Art. 7 Law on the Exercise of the Right of Pardon Art. 8 Law on the Exercise of the Right of Pardon Art. 9 Law on the Exercise of the Right to Pardon Art. 10 Law on the Exercise of the Right to Pardon Art. 11 Law on the Exercise of the Right to Pardon Art. 12 Law on the Exercise of the Right of Pardon

Statutory Text (12 Articles)

**Art. 2 Law on the Exercise of the Right of Pardon Law on the Exercise of the Right of Pardon** Open official source

[1] By virtue of a pardon, all penalties pronounced by final judgments of cantonal judicial authorities for crimes, misdemeanors, and contraventions, in application of the Swiss Penal Code or other federal or cantonal laws, may be totally or partially remitted, or commuted to less severe penalties.

The decree of pardon determines its limits.

[1] Art. amended by L 23.9.2014; in force since 14.11.2014 - BU 2014, 490.

Art. 3 Law on the Exercise of the Right of Pardon Law on the Exercise of the Right of Pardon Open official source

1. The application for pardon may be submitted by the condemned person, their legal representative, and, with the consent of the condemned person, by their defense counsel or spouse or registered partner. [2]

2. The application for pardon may be submitted ex officio by the Council of State for political crimes or offenses and for offenses connected with political crimes or offenses.

[2] Para. amended by Law of 25.6.2007; in force since 1.1.2007 - BU 2007, 580 and 597.

Art. 4 Law on the Exercise of the Right to Pardon Law on the Exercise of the Right to Pardon Open official source

The petition for clemency does not suspend the execution of the sentence.

Art. 5 Law on the Exercise of the Right to Pardon Law on the Exercise of the Right to Pardon Open official source

The request for a pardon must be addressed to the Grand Council through the State Council.

Art. 6 Law on the Exercise of the Right to Pardon Open official source

[3] If the request originates from an inmate, the Council of State must seek the opinion of the authority that pronounced the conviction, the public prosecutor who proposed the sentence, and the management of the penitentiary.

[3] Art. amended by L 27.11.2006; in force since 1.1.2007 - BU 2007, 16.

Art. 7 Law on the Exercise of the Right of Pardon Law on the Exercise of the Right of Pardon Open official source

If the request for a pardon comes from a person not detained, the Council of State asks for the opinion of the authority that pronounced the conviction and of the public prosecutor who proposed the penalty.

Art. 8 Law on the Exercise of the Right of Pardon Law on the Exercise of the Right of Pardon Open official source

The State Council forwards applications for clemency, with its preliminary opinion, to the Grand Council within the first week of each ordinary session.

The Grand Council submits them to the examination of one of its committees, which provides a written opinion separately for each application, proposing its total or partial admission, or rejection.

**Art. 9 Law on the Exercise of the Right to Pardon Law on the Exercise of the Right to Pardon** Open official source

The Grand Council votes by secret ballot.

For the admission of clemency, an affirmative vote of two-thirds of those voting is required.

Art. 10 Law on the Exercise of the Right to Pardon Open official source

In case the pardon is rejected, the Grand Council, in an immediate subsequent vote, may decide, upon proposal by the commission and by a simple majority, that the request shall not be resubmitted before a determined period has elapsed.

**Art. 11 Law on the Exercise of the Right to Pardon** Open official source

[4] The decision of the Grand Council is final.

[4] Art. reintroduced by Law of 2.12.2008; in force since 27.1.2009 – BO 2009, 26; previous amendment: BO 2007, 16.

Art. 12 Law on the Exercise of the Right of Pardon Law on the Exercise of the Right of Pardon Open official source

The present law enters into force [5] with its publication in the Official Bulletin of Laws and Executive Acts of the Canton, after the expiry of the deadlines for exercising the right of referendum.

Published in OB 1945, 223.

[5] Entry into force: 11 December 1945 - OB 1945, 223.

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