Items of compared law regarding the individual amnesty, between the constitutional constraint and discretionary prerogative of the Head of State Cover Image
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Aspecte de drept comparat referitoare la grațierea individuală, între constrângere constituțională și prerogativă discreționară a șefului statului
Items of compared law regarding the individual amnesty, between the constitutional constraint and discretionary prerogative of the Head of State

Author(s): Claudia Ilona Dascălu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: individual amnesty; collective amnesty; prerogative of the Head of State; constitution; amnesty;

Summary/Abstract: In this study the author analyses the individual amnesty at the level of the constitutional disposition, in the light of the compared law as a prerogative of the head of State. Covering this analysis, the author concludes that the deed of individual amnesty represents a discretionary and sovereign duty known in most cases as a prerogative of the executive body which exercises this prerogative being able to pardon, usually, without any justification, any individual, no matter the offence he/she committed, provided that he/she was finally sentenced.

  • Issue Year: 2012
  • Issue No: 03
  • Page Range: 212-220
  • Page Count: 9
  • Language: Romanian