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(ăm`nəstē), in law, exemption from prosecution for criminal action. It signifies forgiveness and the forgetting of past actions. Amnesties are usually extended to a group of persons during a period of prolonged disorder or insurrection. The criminals are offered a promise of immunity from prosecution if they will abandon their unlawful activities. After a revolution or civil war the victorious side will often extend amnesty to the losers; e.g., the United States granted a qualified amnesty to the Confederate forces after the Civil War. An amnesty is distinguished from a pardonpardon,
in law, exemption from punishment for a criminal conviction granted by the grace of the executive of a government. A general pardon to a class of persons guilty of the same offense (e.g., insurrection) is an amnesty.
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, which is an act of forgiveness after the criminal has already been convicted.



a complete or partial release of criminals from punishment or the replacement of a court-determined punishment by a milder one. An amnesty may also clear the criminal record of persons who have already served a term of punishment. Sometimes persons who have committed offenses subject to administrative or disciplinary punishment are released from the usual punishments.

An amnesty may be general and apply to all persons who have committed crimes defined by articles of the criminal code, with observance of other conditions of the amnesty, or partial, that is, apply only to certain persons—an act of pardon. The categories of persons to whom an amnesty applies are set forth for each specific case in the act of amnesty itself. As a general rule, an amnesty applies only to crimes committed before the particular amnesty was published or entered into force. The right to grant amnesty is usually the prerogative of the supreme representative body of a country or the head of state.

In the USSR the right to grant amnesty is a prerogative of the supreme bodies of state authority of the USSR or the Union Republics—the USSR Supreme Soviet (the Presidium of the USSR Supreme Soviet between sessions) and the Union Republic Supreme Soviets (or their Presidiums). An All-Union amnesty may apply to any person who has been convicted or who is being tried in a criminal court on the territory of the USSR; a republic amnesty applies only to persons who have been convicted by a court of the particular Union Republic or are being tried in a criminal court on its territory.

If an amnesty is proclaimed, cases that are in the stage of investigation are discontinued and cases that have not come up for trial yet are dismissed, even though the investigation may have been completed. Persons serving a punishment either are freed or have their term reduced. If criminal proceedings have not yet been instituted, a case can be dropped. If a defendant whose case is subject to amnesty considers himself innocent and objects to the dismissal of his case on amnesty, the case cannot be discontinued and the investigation and court hearing on it must continue. But if the court finds the defendant guilty, the case is dismissed on the grounds established by the amnesty.

In the USSR and the other socialist countries amnesty is an expression of socialist humanism, aimed at alleviating the fate of persons who have committed crimes, the nature and circumstances of which attest to the relatively small degree of public danger of the act and of the defendant himself. Amnesty contributes to the speediest return to society of persons who show signs of reforming and creates an additional incentive for reform. The use of amnesty is therefore not at odds with the general tasks of criminal law in fighting crime. As a rule, amnesty does not apply to persons who have committed especially grave crimes, to recidivists, or to persons who commit offenses while serving their term of punishment.

In the USSR amnesties were proclaimed on the 20th anniversary of the Red Army (1938). They applied to former prisoners who voluntarily, after serving their term of punishment, remained at the construction of the Moscow-Volga Canal (1938) and to persons who arbitrarily left enterprises of the military industry and who voluntarily returned to these enterprises (1944). Amnesties were also proclaimed on the victory over Hitler’s Germany (1945), in 1953, and on the 50th anniversary of the Great October Socialist Revolution (Oct. 31, 1967).

In the bourgeois states amnesty is part of the punitive policy of the ruling classes and often does not extend to progressive elements or to persons convicted of political crimes. Moreover, amnesty in the bourgeois states is often used for the political deception of the masses—an amnesty of political prisoners is formally proclaimed in advance and broadly advertised but only selected small groups of persons are released. Such amnesties were repeatedly proclaimed by the Spanish dictator Franco; a similar amnesty was declared by the Greek military junta in 1968. In the FRG the 1950 amnesty was used to clear Nazis who had committed mass atrocities during World War II.


Amnistiia i pomilovanie v SSSR. Moscow, 1959.



Law a pardon granted by the Crown or Executive and effected by statute
References in periodicals archive ?
Under the proposed bills, all unpaid national internal revenues taxes including value-added tax and excise taxes collected by the Bureau of Customs (BOC) will be covered by the amnesty.
Prime Minister Shahid Khaqan Abbasi few days back announced that government will bring a one-time amnesty scheme to allow Pakistanis to declare their assets abroad.
BEIRUT: Agriculture Minister Ghazi Zeaiter said Thursday his Amal Movement was working to secure a general amnesty for those convicted of nonviolent crimes that would also clear tens of thousands of outstanding warrants.
When Indonesia implemented an amnesty scheme in July 2016 to encourage citizens to bring their undeclared offshore assets, many in Pakistan's business circles said that the government should also roll out such a scheme here.
Dominguez III earlier said that under its comprehensive tax reform program, the government was planning an amnesty for taxpayers with deficiencies in payments of property taxes, estate taxes, regular taxes such as income taxes and value-added tax (VAT) as well as an amnesty on pending tax cases in court.
uk/press-releases/ireland-amnesty-could-face-charges-over-abortion-campaign) press release by Amnesty International UK, Amnesty International Ireland stated on Friday, that human rights organizations in Ireland are being "unfairly targeted" by the government using an oppressive law which criminalizes campaigning organizations.
The Law on Amnesty was changed when article 11 was erased, this disabled the president to give amnesty by stopping the procedure from outside, however the Constitutional court abolished this law and erased the text.
Indonesia has said that it is to make efforts to unearth money that was not declared during a tax amnesty offered by the nation.
Thomas Cirilo, who switched side early this year and formed a separate rebel group operating on a parallel side to the main armed opposition faction of the SPLM-IO under the leadership of the former Frist Vice President Riek Machar told Sudan Tribune on Friday he learnt from the media the amnesty extended to him by the president.
Sheikh Pervez Ahmed, Acting President, Islamabad Chamber of Commerce and Industry in a statement issued here said that many wealthy Pakistanis have kept their billions of dollars abroad due to various reasons and offering one-time tax amnesty scheme would incentivize them to bring their undeclared foreign wealth to their home country.
But the Government has said it will not countenance any form of amnesty for those suspected of crime.
NSRP worked with the Faculty of Social Sciences at the University of Port Harcourt to determine the challenges of implementation of the Amnesty Programme and its impact on ex-militants, communities, and the extent of the Programme's inclusiveness in Akwa Ibom, Bayelsa, Delta, Edo, Ondo and Rivers States.