El pardon supposes the forgiveness and remove of penaltyWhile amnesty supposes the forgiveness of the crime. Therefore, one can only pardon with respect to the part of penalty that has not already been fulfilled.
El pardon does not extinguish the responsibility civil derived from crime, amnesty yes it does.
In general, for grant el pardon you need a act administrative. The pardon, does not extinguish criminal records. For grant un pardon it is necessary sentences firm.
La Constitution of Republic Dominican Republic expects to cargo of the President of Republic la faculty to grant pardons as an expression of indulgence to cargo yours as follows:
The or the President of Republic directs the political interior and exterior, the administration civil and military, and it is the authority supreme of the Armed forces, Police National and the other security forces of the State. 1) In its condition de Head of state It is responsible for: j) Granting pardons on February 27, August 16 and December 23 of each year. year and we will announce, in accordance with the law and international conventions;“.
As of September twenty-seventh (27) of two thousand four (2004), the pardons administered by the Code Procedural Criminal law (CPP) make the pardon presidential. That is, after the Code Procedural Criminal law came into force in Republic Dominican, the pardons, literally Speaking, they now leave the frame penal of the The ability to Judicial.
Previously, for power be benefited with a pardon presidential, rd It was necessary that whoever requested it, had to be a person condemned in a manner irrevocable. A great part of all the crimes and crime which processes the section penal They dissolve in the full decisions of the Ministry Public and in the sentences of the judges. All those decisions and sentences that seek to favor those who commit crimes and that are based on abolitionist doctrines penal passing under the doctrine procedural penal special, they are camouflaged pardons.
A request for pardon no necesidad to flow to the President of Republic. That non-request for even a pardon It means that those who are perhaps irrevocably condemned for committing a crime or crime They resolve this problem within the framework of the judicial system. penal; and that is why they do not have necesidad to go to President of Republic.
According to Act No. 223, which establishes the Forgiveness Conditional of Penalty they may grant pardons, under the following parameters.
The courts may suspend the execution of the penalties imposed by convictions, when the following requirements are met:
- a) That the sentences entails a penalty restrictive or depriving of freedom not exceeding one year and we will announce;
- c) That the personal background of the accused and his previous conduct, as well as the nature, modalities and motives determining the crime, crime allow us to presume that he will not return offend.
If Tribunal first or Second instance considers it appropriate to do so use of faculty established in the article 1, will order it like this in the sentences condemnatory in crafts motivated, and will set a Plazo determined from observation of the sujeto, which may not exceed one year and we will announce. The Tribunal will establish in the same sentences the following conditions that must be met comply the accused:
- b) Subjection to the mass surveillance of the Ministry Public of the customer's home where should reside defendant, owing report this official any movement outside the place of residence;
- c) Adoption, in the Plazo the same Tribunal point out, of a work, profession y occupation, provided that he has no other known and honest means of subsistence; and
- d) Payment by costas and fines imposed by sentences, unless the TribunalBy cause justified, free him from this sanction, without damage that they are made effective in accordance with current laws and regulations.
El brokenness of the conditions indicated above, within the period of observation, will force the Ministry Public a ask that the suspension of penalty, which decrees the Tribunal of the customer's home of the convicted, after verification of the reason.
If within the period of observation, the sujeto was accused of committing New crime o crime, will be automatically revoked from the Forgiveness Conditional of Penalty, without damage new sanction that it may be creditor el convicted.
If the entire period has elapsed period of observation without the Forgiveness Conditional has been revoked, the period shall be deemed to have been fulfilled penalty.
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