Elements of comparative law on the individual pardon, between constitutional constraint and discretionary prerogative of the head of state

Abstract

In the following study the author analyses, from the comparative law point of view, the legal institution of the individual pardon, at a Constitutional provision level, as a Head of State prerogative. Browsing this analysis, the author concludes that the act of the individual pardon is a discretionary and sovereign attribution, encountered, in the most cases, as a prerogative of the Executive power, the one exercising it having, usually, the right to pardon without any justifications, any individual, disregarding the offences committed, provided that the person was final sentenced.