What is an amnesty?

Verified 17 November 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Amnesty is a measure taken by a law passed by the Parliament. It allows you to remove the effects of one or more categories of infringement subject to an amnesty law. It is therefore considered that these offenses never existed. We present you the information to know.

Unlike the presidential pardon, amnesty is a measure collective : it benefits all persons prosecuted or convicted for an offense infringement covered by a amnesty law.

Amnesties are determined on the basis of several criteria:

  • Nature of the offense (or group of offenses) committed and the circumstances in which it occurred (e.g. offense committed in the context of an employment relationship)
  • And/or nature and amount (or duration) of the sentence imposed (e.g. a fine of a small amount or imprisonment of a limited duration).

Once a category of offenses is determined in the amnesty law, it may be provided that certain acts cannot be amnestied.

Persons who are eligible for an amnesty are not not individually warned of this measure.

If an amnesty law is passed, people who want to know whether they are benefiting from it must inform themselves. For this, they can:

  • Search for the relevant text on the Legifrance site. They have to type the phrase “ amnesty’ in space " Search in ». That way, they will find all the amnesty laws that were passed.
  • Or ask to check their criminal record.

To get help in this process, it is possible to seek advice in a house of justice and law.

Who shall I contact

In the case of an amnesty, an act that was previously punishable by a criminal law is considered never to have been an offense. infringement.

The consequences of removing the offense differ depending on when the amnesty law is applied: this may be before or after the conviction of the amnesty beneficiary.

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Before sentencing

When an amnesty law is introduced before a person is convicted, public action is off. This leads to different consequences:

  • When a police investigation is ongoing, the complaint against the person is amnestied filed without follow-up.
  • If a statement is open, the investigating judge must issue a dismissal order in favor of the amnesty beneficiary.
  • If the case is at the trial stage, the criminal jurisdiction shall make a decision of relaxed or of acquittal.

Warning  

Even if the criminal case ends, the victim who believes that he has suffered a harm can make a claim for damages before the civil courts. If the amnesty law intervenes during the judgment, the criminal court may require the person amnestied to pay compensation to the victim, even if he or she pronounces a acquittal or acquittal.

After sentencing

The amnesty may have several consequences that differ depending on the nature of the sentence(s) imposed.

Warning  

The amnesty only applies to criminal sanctions (imprisonment, fineetc.). If the perpetrator has been ordered to compensate the victim, the payment of damages remains mandatory.

Imprisonment

If a person is sentenced to imprisonment but is granted an amnesty, this can lead to 3 consequences that depend on the moment when the amnesty law intervened:

  • If the amnesty law comes into play when the prison sentence has not been served, the amnestied person does not go to prison.
  • If the amnesty law comes into effect while the prison sentence is being served, the amnestied person must be released as soon as possible.
  • If the amnesty law comes into effect when the prison sentence has already been served, the person who has been amnestied cannot do anything to the extent that he or she is already free. She is not entitled to claim compensation for the time spent in prison.

Please note

If a person, sentenced to imprisonment with reprieve, commits a new infringement, the stay may be revoked. However, if an amnesty law provides that the 2nd act committed is no longer an offense, the person will again be able to benefit from the suspension pronounced for 1era offense committed.

Penalty of fine

In principle, when a person sentenced to a fine receives an amnesty, he is no longer obliged to pay that fine.

As an exception, the amnesty law may provide that certain specified fines will have to be paid.

If the fine has already been paid, no refund is planned.

The amnesty erases the criminal conviction, but does not exonerate the person who is the beneficiary.

To be exonerated, the amnesty beneficiary must make a appeal for review.

This appeal must be sent by letter to the committee examining applications for review and reconsideration.

This court is located at the Court of Cassation.

Who shall I contact

In addition to being exonerated, the person who obtained the review of his judgment has the right to claim compensation for damages harm that the conviction caused him. The compensation is paid by the State.

The request must be made by query forwarded to the first president of the court of appeal of the person's place of residence. She has 6 months to make this request.

Who shall I contact

Who can help me?

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