Tuesday, February 13, 2024

To Pardon Or Not To Pardon Part 1: Pardon Across The World

In simple English PARDON means to forgive. Pardon, in law, means release from guilt or remission of punishment. In criminal law, the power of pardon is generally exercised by the chief executive officer or ruler of the state. Wikipedia says a pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.

Most countries have a pardon sytem, but the implementation of it differs from country to country.

In The United States, the president has absolute power to pardon, but it is limited to federal crimes except for impeachment. And they don't even have a pardon board like us. State crimes come under the authority of state governors.

One of the most controversial pardons by any sitting America presidents was the one issued by Gerald Ford in 1974, when he issued a proclamation pardoning Richard Nixon. He granted Richard Nixon "full, free, and absolute pardon" that ended any possibility of an indictment because of Watergate scandal. The controversy resulted in Gerald Ford losing the presidental election to Jimmy Carter in 1976

The USA will held another presidential election at the end of this year, and another controversy is looming on the horizon. The probability of Donald Trump winning the presidential election cannot be discounted. Trump has massive legal problems, both civil or criminal and I have lost count of how many. Should he win, can he pardon himself? Thats the RM2 billion question, and many people whether law experts or laymen agree he could legally pardon himself.

In Singapore, pardon is known as presidential clemency. Under the Singapore Constitution, power is held by the president of Singapore but upon the advice of the cabinet. In 2018, the then Singapore president Halimah Yacob granted clemency to one Anthony Ler, a murder accomplice. Probably one of the reasons for this because Ler committed the offence when he was below 18. Singapore rarely pardons people on the death row. And often the state does not provide grounds or reasons for its clemency

Pardon in Indonesia is the sole authority of its president, as provided under Article 14 of Indonesia’s 1945 Constitution.

In Thailand, acts of clemency, better known as royal pardon lies entirely in the discretion of the King of Thailand. In September 2023, the King of Thailand commuted former prime minister Thaksin jail sentence from 8 years to one year.

To Pardon Or Not To Pardon Part 2

To Pardon Or Not To Pardon Part 3

To Pardon Or Not To Pardon Part 4

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