The word amnesty Etymologically it comes from Greek, meaning the deprivation of memory, oblivion.
La amnesty is "the extinction of the responsibility penal by provision of a law, which extinguishes the penalty and all effects of this one”. Don Rafael Fontecilla points out: “The amnesty is a act high political, by which governments after the disturbances and upheavals of the people, make null the action of the laws, casting the veil of eternal oblivion over certain crimes that attack the order, security and fundamental institutions of the State".
An instrument legal of the The ability to Legislative, which has as its effect, the possibility of preventing in a period of tiempo (non-serious and minor infractions) failure judicial) the prosecution penal and, in some cases, civil actions against certain persons or categories of persons with respect to "specific" criminal conduct committed prior to the passage of the amnesty; or carefully, the annulment retrospective of the responsibility previously determined legal
Features
The main characteristics of the amnesty are:
- It is a standard general that tends to benefit one group of people.
- It is a law of forgetfulness, which has as its result, forget certain violations, that the processes are terminated and if these have already been failed, they are left without effect the sentences imposed in connection with the amnesty decreed. The amnesty Deletes the acts that have happened before or after a failure judicial; suppresses the infringement, the persecution of the crime, the formation of judgments.
- The "forgetting" behavior is limited to a certain period of time. tiempo, which implies a done or specific circumstance, such as a conflict determined.
- You can leave without effects legal consequences of violations of the derechos human beings, as long as these are not serious, when the beneficiaries have served penalty for his acts of political dissent violent.
- Some amnesties are accompanied by measures of reparación.
Limits in a amnesty
La jurisprudence has established that amnesties cannot be established to forget violations of human rights. derechos humans. That is, it cannot haber amnesty when:
- It is prevented prosecution of persons who may be held criminally responsible for crimes of war, disappearance forced, genocide, crimes against humanity or serious violations of derechos humans;
- They interfere with the right of the victims to a resource cash, including reparación;
- They are limited to right of victims and societies to know the truth about human rights violations. derechos humans and the right humanitarian.
In addition, amnesties that seek to restore the derechos humans must estar formulated with a view to ensuring that they do not limit the derechos restored nor perpetuate in any sense the initial violations.
La amnesty en Republic Dominican Republic
La amnesty As a legal figure it is not fully developed or regulated, since although our Menu Magician in her article 93, among the powers of the Congress dome National, are the faculty of "granting" amnesty "for political reasons" is not specified crafts in which it should be granted, although it can be inferred that with the approval of a law In that sense, but as such there is no regulation that prevents a use disproportionate to this figure of extinction of the action penal.
Pursuant to the provisions of the article 44, from Dress Procedural Criminal law Dominican, the amnesty is a cause de extinction of the action penal, restricting the persecution of crimes, in our /// exclusively political, on those persons determined by the Congress dome National.
About us
En Santo Domingo, Dominican Republic, we have equipment legal more complete and effective to advise you on right penal. In Carlos Felipe Law Firm SRL, we evaluate your /// thoroughly, analyzing and establishing the real possibilities of success, always in agreement with the Constitution and the laws of the country.
We are committed to communicating with you clearly, using simple and timely language, to provide you with the best strategies and actions to follow in order to solve your situation or conflict legal.
Can contact us through:
???? Phone: 829-256-6865
???? WhatsApp: 1-809-847-8731
✉️ Email: info@fc-abogados.com
Carlos Felipe Law Firm It is strategic litigation, conclusive results in court and in right procedural judicial. We are here to help you!
